Issued by: GCIS
On 13 September, the Commission on Gender Equality will try to persuade the Supreme Court of Appeals, in Bloemfontein, to recognize marriages solemnised in terms of Muslim Personal Law. The Commission will argue in support of recognizing that a duty of support arises out of these relationships in the same way as a civil marriage.
The applicant in this case, Mrs Amod, lost her husband in a car accident. She applied to the Road Accident Fund for compensation and was advised that her application had been declined since her marriage was not legally recognised, and therefore the man that she regarded as her husband was not obliged to support her. Liesl Gerntholz, Head of CGE's Legal Department holds that the non-recognition prejudices women: "In divorce or death marriages which are not recognised means that the wife cannot legally enforce her right to maintenance or inheritance. This leaves the women at the whim of the husbands family or any other caretaker" says Ms Gerntholtz.
The Commission believes that this case is an important step in the process of recognising and affirming diverse relationships within our society. The recent recognition of customary marriages is another important step in this direction.
In the past, the law only protected relationships that conformed to the white, Christian norm of marriage. This led to discrimination against many people who wished to live within the constraints of religious and customary laws. The Commission on Gender Equality also believes that this attitude was based on religious and cultural chauvinism and can no longer have a place in South Africa.
For more information contact Liesl Gerntholtz at 083 600 3592 or Kubeshni Govender at 083 273 8424
9 September 1999