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Fierce opposition in Muslim marriages case

Source: Cape Times, 15/09/2016

The Women`s Legal Centre Trust is adamant it wants the Muslim
Marriages Bill made into law, despite counter-arguments by respondents
and fierce attempts to have the case dismissed.

The trust had brought President Jacob Zuma, Parliament, the
departments of Home Affairs, Justice and Correctional Services to the
Western Cape High Court to have Muslim marriages recognised with the
passing of the Muslim Marriages Bill.

The United Ulama Council of SA and the Muslim Women`s Association were
originally amici curiae, or friends of the court, but  were successful
in their application to be respondents so they could appeal or make
objections.

Advocate Zehir Omar, acting on behalf of the two parties this week,
brought seven preliminary points forward interrogating the validity of
the trust`s case.

He told the court that  the case should be dismissed with costs.

The points Omar raised include the fact that Chapter Nine institutions
were not joined as parties, and that it was undesirable for the court
to interfere in matters that should be left to the legislature.

All respondents argued Wednesday on the points raised by Omar, and
there was a  general agreement with his points.

Advocate Anwar Albertus, representing the Department of Home Affairs,
argued there was no constitutional obligation on the State respondents
to pass legislation the trust is seeking.

"When you look at what the constitution says, we submit that it then
leads to the conclusion that Chapter Nine institutions must be
joined," Albertus said.

The trust`s advocate, Nazreen Bawa, argued that Zuma had failed to
fulfil constitutional obligations by not preparing and initiating a
bill to provide for the validity of Muslim marriages.

After reading from Omar`s heads of argument, Bawa said: "It was not a
point that the application in its entirety must be dismissed.

"It was a point taken that we can`t get the relief sought because such
relief is a key component."

Judge Siraj Desai said the matter had far-reaching effects and was
inherently urgent.

Judge Desai is expected to hand down judgment on the preliminary
points next week

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