The government will research the law governing the recognition and dissolution of all religious marriages, as it plans to appeal a Western Cape High Court judgment that ordered the state to recognise Muslim marriages under law. According to a Cape Times report, the Women’s Legal Centre (WLC) had argued that by not recognising Muslim marriages under common law, Muslim women were not afforded legal protection and did not have access to the courts to assert their rights.

Yesterday, WLC director Seehaam Samaai said they had not yet been notified of the state’s intention to appeal. Justice and Correctional Services spokesperson Mukoni Ratshitanga said President Cyril Ramaphosa had consulted with the Ministry of Justice and other members of the executive, and they planned to appeal for three reasons.

First, the government was already in the process of researching an omnibus law that would deal with the recognition and dissolution of all religious marriages.

Secondly, the Western Cape High Court’s finding had implications on all other religious marriages which have not been registered as secular marriages in terms of the Marriage Act.

‘Lastly, a Mrs R Essau, who has lodged an appeal with the Constitutional Court because the court did not give immediate relief in a marriage, has already (had it) dissolved in terms of Islamic Law,’ said Ratshitanga.

Full Cape Times report