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Recognition of Muslim Marriages in South Africa

In a recent Western Cape High Court (WCC) decision in Woman’s Legal Centre Trust v The President of the Republic of South Africa and Others, Faro v Bignham N.O and Others, Esau v Esau and Others(22481/2014, 4466/2013, 13877/2015) [2018] ZAWCH 109 (31 August 2018) the High Court had to consider whether the State had failed in its duty to “respect, protect, promote and fulfil the rights in the Bill of Rights” as is prescribed in Section 7(2) of the Constitution of the Republic of South Africa, Act 108 of 1996 (“the Constitution”) by not enacting legislation to recognise and regulate Muslim marriages.
Muslim marriages are currently not recognised as a valid marriage worthy of legal protection at the dissolution of the marriage whether by death or divorce. The reason for this is because they are solemnised in terms of Islamic tenets, by an Imam who is usually not a licenced marriage officer. A Muslim marriage is not registered at Home Affairs and therefore it is not recognised as a civil a…
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THE PROCEDURAL ELEMENTS OF DEALING WITH A DECEASED ESTATE

No one wants to think about losing a loved one and dealing with the estate of the deceased can become an administrative and emotional nightmare. This article will focus mainly on the procedure to wind up a deceased estate, briefly discussing the difference between Intestate and Testate succession.
Intestate Succession When a person passes away without leaving a will, their estate will be dealt with according to the procedures set out in the Intestate Succession Act 81 of 1987 (“the Intestate Act”). The Intestate Act prescribes which of the surviving relatives (heirs) of the deceased will inherit from his/her estate and further what percentage of the estate each heir will inherit. An example is where a person passes away without a spouse or a child but both parents are still alive, then the deceased’s parents will inherit the estate in equal shares.
Testate Succession When a person passes away leaving a valid will (“the will”) their estate will be regulated by the testate law of successio…

Are you facing financial difficulty? Find out here how a sequestration can benefit you!

Are you having sleepless nights worrying about how you will be able to make payment to your creditors? Are you avoiding answering your phone for fear of speaking to loan sharks, debt collectors, or maybe even the sheriff?Not able to concentrate on earning an income or moving forward with your life because of financial restraints? Read this article to find out if sequestration is an option for you. Broadly speaking, being “insolvent” means that your liabilities exceed your assets. Should you find yourself in this unfortunate situation, you can make an application to the high court, with the necessary jurisdiction, for the voluntary surrender of your estate, provided that you meet certain requirements:You need to have enough realisable assets (or cash) to pay the administration costs in respect of your sequestration and at least 20 cents in the Rand to defray creditors. If the court is satisfied that: 1.there are enough funds in your estate to cover the administration costs; 2.the sequestr…