What is the legal question in the case of Gumede v President?

What is the legal question in the case of Gumede v President?

The decision of the Constitutional Court in Gumede meant that during or upon dissolution of a customary monogamous marriage, a wife would have equal control and access to property and land.

What are the facts of the case in Gumede v President?

The case concerned a claim of unfair gender and race discrimination in relation to women who are married under customary law as codified in KwaZulu-Natal. It underlined the persistent of patriarchy and the vulnerability of women as victims.

What was the impact of the Gumede case?

The decision of the Constitutional Court in Gumede meant that during or upon dissolution of a customary monogamous marriage, a wife would have equal control and access to property and land. The Women’s Legal Centre Trust submitted an Amicus Curiae application in the Gumede case on the impact of the decision on polygamous relationships.

What was the verdict of Gumede v President of South Africa?

Case: Gumede v President of the Republic of South Africa and Others 2009 (3) SA 152 (CC) Read the full judgment on SAFLII here>>>. The Constitutional Court confirmed an order of constitutional invalidity made by the Durban High Court in respect of certain provisions of the Recognition of Customary Marriages Act,1998 (the Recognition Act),

When did Mr Gumede and Mrs Gumede divorce?

In January 2003, Mr Gumede instituted court proceedings to end the marriage. The divorce proceedings are pending before the divorce court. Mrs Gumede does not dispute that their marriage has broken down irreparably and that it cannot be salvaged.

How many children did Gumede have in South Africa?

Mrs. and Mr. Gumede, both domiciled in KwaZulu-Natal, entered into a monogamous customary marriage in 1968 and four children were born during their marriage. Because she was forbidden by her husband to take up employment, Mrs. Gumede never worked and could not contribute to the accumulation of the family’s estate, which included two family homes.