The struggle to bring Muslim marriages under the constitutional fold continued in the Western Cape High Court, says a Cape Argus report. Yesterday, Advocate Nazreen Bawa of the Women’s Legal Centre (WLC) – who brought the case before court – read out a summary of her heads of argument. Detailing the WLC’s application, Bawa described the complaint as an unmet constitutional obligation.

‘It is in the absence of legislation that the applicant locates the respondents’ failure to protect and give effect to the rights contained in the Bill of Rights.

It is different from a complaint that there is constitutional fault with legislation or provision are under – the latter is the alternative relief,’ she said. In her heads of argument, Bawa said there was a need for ‘coherent clear legislation’ to provide protection for women in Muslim marriages and children born into these marriages.

‘Failure to provide effective enforcement mechanisms and the lack of intervention by the state exacerbates their vulnerability. Recognition afforded to Muslim marriages and the consequences of their dissolution are better suited to legislative rather than judicial interventions,’ she submitted. Bawa put it to the court that it was its responsibility to ensure that the state performs its obligation to uphold the Constitution.

Full Cape Argus report (subscription needed)