IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA HELD AT BRAAMFONTEIN CASE NO: CCT 13/09

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HELD AT BRAAMFONTEIN

CASE NO: CCT 13/09

In the matter between:

WOMEN’S LEGAL CENTRE TRUST APPLICANT

and

PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA 1^st RESPONDENT

MINISTER OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT 2^nd RESPONDENT

MINISTER OF HOME AFFAIRS 3^rd RESPONDENT

SPEAKER OF THE NATIONAL ASSEMBLY 4^th RESPONDENT

CHAIRPERSON OF THE NATIONAL COUNCIL

OF PROVINCES 5^th RESPONDENT

UNITED ULAMA COUNCIL OF SOUTH AFRICA 1^stAmicus Curiae WOMEN’S CULTURAL GROUP 2^ndAmicus Curiae

ASSOCIATION OF MUSLIM LAWYERS

AND ACCOUNTANTS 3^rdAmicus Curiae

ISLAMIC UNITY CONVENTION 4^thAmicus Curiae

COALITION OF MUSLIM WOMEN 5^thAmicus Curiae

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And in the matter of the application for leave to intervene by:

LAJNATUN NISAA-IL MUSLIMAAT

(ASSOCIATION OF MUSLIM WOMEN IN SOUTH AFRICA)

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HEADS OF ARGUMENT

ASSOCIATION OF MUSLIM LAWYERS AND ACCOUNTANTS

_____________________________________________________________

1.

The Association of Muslim Lawyers and Accountants (“Amal”) was admitted as amicus curiae on the 8^th May 2009.

2.

Amal notes the two issues, in respect of which, the Court requires written argument.

3.

In this regard, Amal associates itself with the submissions of the Applicant and the United Ulama Council of South Africa.

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4.

Amal reiterates that the State must be ordered to fulfil its constitutional obligations in order to provide a viable practical legislative framework for the recognition of Muslim marriages and their consequences.

5.

Muslim women are particularly vulnerable, and require urgent protection.

6.

Amal submits that an appropriate Order in the circumstances would not amount to a breach of the rule on separation of powers.

7.

Amal reaffirms that our Constitution grants a robust role to the judiciary, through the institution of “judicial review”, designed to measure State conduct against the Bill of Rights, and to invalidate that conduct if it is found to be inconsistent with the Constitution.

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8.

The Constitution should not be regarded as merely an embodiment of political ideals. It is the supreme law of our constitutional democracy and it is therefore respectfully submitted that this Court must intervene in appropriate cases, where the State has consistently failed to fulfil its constitutional obligations. In casu, the State has done nothing for some 6 years, since the submission of the report of the SALRC in July 2003, on Islamic Marriages and related matters (Project 106) and must accordingly be held accountable.

DATED AT DURBAN ON THIS 13^TH DAY OF MAY 2009.

HUSSAN GOGA & COMPANY Suite 606, Nedbank House 30 Albert Street

DURBAN REF: H. Goga TEL: (031) 3046811 FAX: (031) 3051494 DOCEX 4

E-mail: [email protected] Local Agent:

c/o CHEADLE THOMPSON & HAYSOM INC.

7^th Floor, Braamfontein Centre 23 Jorissen Street

Braamfontein P.O. Box 30894 Braamfontein

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E-mail: [email protected]