Gumede v President of Republic of South Africa and Others (CCT 50/2008) [2008] ZACC 23 (8 December 2008)

Application for confirmation of an order of invalidity made by the Durban High Court declaring certain sections of the Recognition of Customary Marriages Act, 1998, the KwaZulu Act on the Code of Zulu Law Act, 1985 and the Natal Code of Zulu Law Proclamation of 1987 unconstitutional. The High Court held that the combined effect of the Acts and the Code was that a wife to a customary marriage entered into before the commencement of the Recognition of Customary Marriages Act, 1998 would be entitled to nothing upon the dissolution of such a marriage. This was in contrast with customary marriages entered into after the commencement of that Act which were automatically in community of property, and thus the Acts and the Code were unconstitutional to that extent. Moseneke DCJ agreed with the High Court that certain provisions of the Acts and the Code constituted unfair discrimination, and consequently confirmed the order of constitutional invalidity issued by the High Court.