Ramuhovhi and Others v President of the Republic of South Africa and Others

The applicants were children of a deceased man who had entered into multiple polygamous customary marriages before the commencement of the Recognition of Customary Marriages Act 120 of 1998. Under Venda customary law, applicable through section 7(1) of the Act, wives in such pre-Act polygamous customary marriages had no ownership or control over marital property. A dispute arose concerning the administration of the deceased estate and ownership of major immovable property. The applicants challenged the constitutionality of section 7(1), arguing that it unfairly discriminated against women married under customary law. The High Court declared section 7(1) unconstitutional insofar as it applied to pre-Act polygamous customary marriages, and the matter came before the Constitutional Court for confirmation. An intervening party, Ms Maphumulo, sought to intervene due to similar prejudice she faced as a widow in a pre-Act polygamous customary marriage.

The declaration of constitutional invalidity of section 7(1) of the Recognition of Customary Marriages Act was confirmed. The invalidity was suspended for 24 months. An interim property regime granting joint and equal ownership and management rights to spouses in pre-Act polygamous customary marriages was imposed. Past finalised estates and completed transfers were protected, subject to exceptions. The Minister of Justice and Correctional Services was ordered to pay the applicants’ costs.

This case closed a significant gap left open after Gumede by extending constitutional protection to women in pre-Act polygamous customary marriages. It reinforced the principle that customary law, as recognised by statute, must comply with constitutional values of equality and dignity, and it advanced substantive gender equality within customary marriage regimes.