by Mpho Kgomongoe, Legal and Technical Specialist
In 28 June 2022, the Constitutional Court confirmed the order granted by the Supreme Court of Appeal (SCA) that declared certain sections of the Marriage Act 25 of 1961 (Marriage Act) and the Divorce Act 70 of 1979 (Divorce Act) unconstitutional, in that they fail to recognise Muslim marriages entered into in accordance with Sharia law and that have not been registered as civil marriages, as valid marriages.
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