[Date]
IND2601 Assignment
1 Semester 2 2024
QUESTIONS AND ANSWERS
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the
Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR
243, whilst addressing the following: (i) The facts of the case (5) (ii) The legal
question that was answered by the court (7) (iii) The decision of the court and
reasons for the judgement (8)
(i) The facts of the case (5)
The case revolves around Ms. Gumede, who was married to Mr. Gumede under
customary law in 1968. During their marriage, Ms. Gumede was primarily a
homemaker while Mr. Gumede worked and accumulated substantial assets. Upon
reaching retirement age, Mr. Gumede sought a divorce. Under the KwaZulu-Natal
Code of Zulu Law, their marriage was deemed to be out of community of property,
meaning Ms. Gumede had no claim to the assets acquired during the marriage. Ms.
Gumede challenged the constitutionality of the KwaZulu-Natal Codes and sections
of the Recognition of Customary Marriages Act that discriminated against women
married under customary law before the Act came into effect.
(ii) The legal question that was answered by the court (7)
The primary legal question addressed by the court was whether the provisions of
the KwaZulu-Natal Code of Zulu Law and the Recognition of Customary
Marriages Act that discriminated against women in pre-Act customary marriages
were consistent with the Constitution of South Africa, specifically with regard to
the rights to equality and dignity.
(iii) The decision of the court and reasons for the judgment (8)
IND2601 Assignment
1 Semester 2 2024
QUESTIONS AND ANSWERS
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the
Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR
243, whilst addressing the following: (i) The facts of the case (5) (ii) The legal
question that was answered by the court (7) (iii) The decision of the court and
reasons for the judgement (8)
(i) The facts of the case (5)
The case revolves around Ms. Gumede, who was married to Mr. Gumede under
customary law in 1968. During their marriage, Ms. Gumede was primarily a
homemaker while Mr. Gumede worked and accumulated substantial assets. Upon
reaching retirement age, Mr. Gumede sought a divorce. Under the KwaZulu-Natal
Code of Zulu Law, their marriage was deemed to be out of community of property,
meaning Ms. Gumede had no claim to the assets acquired during the marriage. Ms.
Gumede challenged the constitutionality of the KwaZulu-Natal Codes and sections
of the Recognition of Customary Marriages Act that discriminated against women
married under customary law before the Act came into effect.
(ii) The legal question that was answered by the court (7)
The primary legal question addressed by the court was whether the provisions of
the KwaZulu-Natal Code of Zulu Law and the Recognition of Customary
Marriages Act that discriminated against women in pre-Act customary marriages
were consistent with the Constitution of South Africa, specifically with regard to
the rights to equality and dignity.
(iii) The decision of the court and reasons for the judgment (8)
