Women’s Legal Centre Trust v President of the Republic of South Africa and Others

The Women’s Legal Centre Trust (WLCT), acting in the public interest, challenged the long‑standing non‑recognition of marriages concluded in accordance with Sharia law (Muslim marriages) in South African law. The challenge arose from consolidated High Court proceedings involving: (a) the WLCT’s systemic challenge to the state’s failure to enact legislation recognising Muslim marriages; (b) the Faro matter, where a Muslim widow was denied recognition as a spouse for purposes of intestate succession and maintenance following disputes around a talāq divorce; and (c) the Esau matter, where a Muslim wife sought protection of her patrimonial and pension interests. The Supreme Court of Appeal declared provisions of the Marriage Act 25 of 1961, the Divorce Act 70 of 1979, and the common-law definition of marriage unconstitutional for failing to recognise Muslim marriages and regulate their consequences. The matter came before the Constitutional Court for confirmation of constitutional invalidity.

The declarations of constitutional invalidity of the Marriage Act, the Divorce Act (including sections 6, 7(3) and 9(1)), and the common-law definition of marriage were confirmed. The invalidity was suspended for 24 months to allow legislative reform. Pending such reform, the Court ordered interim measures allowing Muslim marriages (subsisting or under litigation as at 15 December 2014) to be dissolved under the Divorce Act with specified modifications, extended child-protection provisions to Muslim marriages, and applied certain provisions of the Recognition of Customary Marriages Act mutatis mutandis. The President and the Minister of Justice were ordered to pay the applicant’s costs. Appeals and cross‑appeals by other parties were dismissed.

This landmark judgment definitively affirms that the non-recognition of Muslim marriages is unconstitutional and that the state bears a duty to ensure their legal recognition and regulation. It represents a major advance for gender equality, children’s rights, and religious diversity in South Africa, addressing decades of legal vulnerability faced by Muslim women and children. The case also demonstrates the Constitutional Court’s remedial innovation by combining suspended invalidity with detailed interim relief to prevent ongoing injustice.