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Women's Legal Centre Trust v President of the Republic of South Africa and Others, Faro v Bignham N.O. and Others, Esau v Esau and Others (22481/2014, 4466/2013, 13877/2015) [2018] ZAWCHC 109

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Women's Legal Centre Trust v President of the Republic of South Africa and Others, Faro v Bignham N.O. and Others, Esau v Esau and Others (22481/2014, 4466/2013, 13877/2015) [2018] ZAWCHC 109

31st August 2018

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[1] Our Constitution opens with an acknowledgement that as the people of South Africa, we recognise the injustices of our past and believe that South Africa belongs to all who live in it, united in our diversity. Human dignity, the achievement of equality and the advancement of human rights and freedoms form part of the founding provisions of our Constitution. It also entrenches its supremacy by stating that “law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.”

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[2] The Constitution recognises freedom of religion, belief and opinion by conferring upon everyone that right. It also permits for legislation recognising “marriages concluded under any tradition, or system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.” Such recognition, importantly, must be consistent with provisions of the Constitution.

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