Daniels v Campbell
Encyclopedia
Daniels v Campbell NO and Others, an important case in South African law, was heard in the Constitutional Court
on November 6, 2003
, with judgment handed down on March 11, 2004
.
It is important to note that the question before the court was not whether Muslim marriage is lawful under the Marriage Act. Muslim marriages have not yet been expressly recognised in South African law, although there is a Draft Muslim Marriages Bill.
held that the word "spouse," in its ordinary meaning, should include parties to a Muslim marriage, because this corresponds to the way the word is generally understood and used, and because it would be far more awkward from a linguistic point of view to exclude Muslim partners than to include them. The historic exclusion in South Africa
flowed not from the courts' giving the word its ordinary meaning but from a linguistically-strained usage and from cultural and racial prejudices. Both the intent and the impact of the restrictive interpretation were discriminatory.
The words "spouse" and "survivor" as used in the Acts would henceforth apply to partners to monogamous Muslim marriages. The court intentionally did not deal with the question of polygamous Muslim marriages.
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
on November 6, 2003
2003 in South Africa
-January:* 8 January – Unit 2 Power Generator explodes at Duvha Power Station will coming back on line after service.* 17 January, Jacob Zuma, Deputy President of South Africa hold ceasefire talks with Pierre Nkurunziza, the leader of a faction of the National Council for the Defense of...
, with judgment handed down on March 11, 2004
2004 in South Africa
-January:* 1 January – Asher Karni, an Israeli and South African businessman from Sea Point, Cape Town who is alleged to have supplied nuclear technology to Pakistan, is arrested at Denver International Airport, Colorado-March:...
.
Facts
An application was made for confirmation of an order of the Cape High Court which declared invalid and unconstitutional certain provisions of the Maintenance Act and the Intestate Succession Act for their failure to recognise as "spouses" persons married according to Muslim rites, and therefore to allow partners in Muslim marriages to benefit from their protections, which include the provision of relief to widows to ensure that they receive at least a child's share of their husbands' estates.It is important to note that the question before the court was not whether Muslim marriage is lawful under the Marriage Act. Muslim marriages have not yet been expressly recognised in South African law, although there is a Draft Muslim Marriages Bill.
Judgment
Sachs JAlbie Sachs
Albie Sachs was a judge on the Constitutional Court of South Africa. He was appointed to the court by Nelson Mandela in 1994 and retired in October 2009...
held that the word "spouse," in its ordinary meaning, should include parties to a Muslim marriage, because this corresponds to the way the word is generally understood and used, and because it would be far more awkward from a linguistic point of view to exclude Muslim partners than to include them. The historic exclusion in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
flowed not from the courts' giving the word its ordinary meaning but from a linguistically-strained usage and from cultural and racial prejudices. Both the intent and the impact of the restrictive interpretation were discriminatory.
The words "spouse" and "survivor" as used in the Acts would henceforth apply to partners to monogamous Muslim marriages. The court intentionally did not deal with the question of polygamous Muslim marriages.
See also
- Amod v MMVF
- Hassam v JacobsHassam v JacobsHassam v Jacobs NO and Others, an important case in South African law, was heard in the Constitutional Court on February 19, 2009, with judgment handed down on July 15.- Facts :...
- Ismail v Ismail
- Kahn v Kahn
- South African family lawSouth African family lawSouth African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: ...
- Women's Legal Centre Trust v President of the Republic of South AfricaWomen's Legal Centre Trust v President of the Republic of South AfricaWomen's Legal Centre Trust v President of the Republic of South Africa, an important case in South African law, was heard in the Constitutional Court on May 20, 2009, with judgment handed down on July 22, 2009.- Facts :...
Statutes
- Intestate Succession Act 81 of 1987.
- Maintenance of Surviving Spouses Act 27 of 1990.
- Marriage ActMarriage Act-Australia:-Canada:-New ZealandSouth Africa:-Australia::The Marriage Act 1961, Australia's law that governs legal marriage.-Canada::The Civil Marriage Act passed in Canada explicitly permitting same-sex marriages.-New Zealand:...
25 of 1961.