Court ruling gives boost to customary marriages
The Supreme Court of Appeal has ruled that the Road Accident Fund treat women in customary marriages claiming support the same as those married under the Marriage Act (civil marriage).
The director of the Women’s Legal Centre, Jennifer Williams, said on Wednesday the ruling was a victory for women married in terms of customary law.
“This order extends the claim for loss of support against the fund to a class of women overlooked by the reforms in our law after the Constitution.
Seven years ago, Mrs Gasa, on losing her husband in a road accident, lodged a claim for loss of support with the Road Accident Fund.
However, her claim was refused by the fund on the basis that her husband had previously married another woman in terms of the Marriage Act, thereby nullifying her own marriage.
She challenged this decision in the Cape High Court and lost on the basis of remnants of apartheid legislation still on the statute books.
The Women’s Legal Centre questioned the constitutionality of the fund’s refusal to honour her claim, and challenged the validity of the statutes relied on by the high court to uphold this refusal.
“The Women’s Legal Centre requested the court to consider the negative impact that the Black Laws Amendment Act [which refers to the now-repealed Black Administration Act] has on women married in terms of customary law that do not fall under the Recognition of Customary Marriages Act.”
The Recognition of Customary Marriages Act came into effect in 2000, only months after Mr Gasa’s death.
This week, the Supreme Court overturned the high court judgement and awarded Mrs Gasa her damages claim, Williams said.
“While the Recognition of Customary Marriages Act goes some way to remedy this situation, we believe that it does not go far enough.
“The Centre intends to build on this victory to bring problematic provisions in the current legal system to the forefront, so that women married under customary law have equal protection and access to justice,” she said.—Sapa
