IN THE HIGH COURT OF SOUTH AFRICA DURBAN AND COAST LOCAL DIVISION
Case Number:
In the matter between:
ELIZABETH GUMEDE (born SHANGE) Applicant
and
PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
First Respondent
MINISTER OF JUSTICE AND CONSTITUTIONAL
DEVELOPMENT Second Respondent
PREMIER OF KWAZULU-NATAL Third Respondent
KWAZULU-NATAL MEC FOR TRADITIONAL AND LOCAL GOVERNMENT AFFAIRS
Fourth Respondent
AMOS GUMEDE Fifth Respondent
NOTICE OF MOTION
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PLEASE TAKE NOTICE that the applicant in this matter intends applying to the above Honourable Court for an order in the following terms:
1. declaring that section 7(1) of the Recognition of Customary Marriages Act No. 120 of 1998 (“the Recognition Act”) is inconsistent with the Constitution and invalid;
2. declaring that the inclusion of the words “entered into after the commencement of this Act” in section 7(2) of the Recognition Act is inconsistent with the Constitution and invalid;
3. declaring that the inclusion of the words “entered into after the commencement of this Act” in section 7(5) of the Recognition Act is inconsistent with the Constitution and invalid;
4. declaring that section 20 of the KwaZulu Act on the Code of Zulu Law No. 16 of 1985 is inconsistent with the Constitution and invalid;
5. declaring that section 20 of the Natal Code of KwaZulu Law Proclamation R151 of 1987 is inconsistent with the Constitution and invalid;
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6. declaring section 22 of the Natal Code of KwaZulu Law Proclamation R151 of 1987 is inconsistent with the Constitution and invalid.
7. declaring that a customary marriage in which a spouse is not a partner in any other existing customary marriage, produces the legal consequences of a marriage in community of property.
8. declaring that a spouse in a customary marriage is entitled, on divorce, to claim maintenance from the other spouse.
9. ordering those respondents who oppose this application to pay the costs, jointly and severally, the one paying, the other to be absolved
10. referring this order to the Constitutional Court for confirmation
TAKE FURTHER NOTICE THAT if you intend opposing this application you are required:
(a) to notify the applicant’s attorney in writing on or before the day of April 2006; and further you are required to appoint in such
notification an address referred to in Rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings;
and
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(b) within fourteen (14) days after the service of this notice upon you, to file your answering affidavit, if any.
TAKE NOTICE FURTHER THAT the affidavit of the applicant, annexed hereto, will be used in support hereof.
TAKE NOTICE FURTHER THAT the applicant has appointed the Legal Resources Centre, 71 Diakonia Centre, 20 St Andrews Street, Durban as the address at which she will accept notice and service of all documents in these proceedings.
If no such notice of intention to oppose be given, the application will be
made on the day of 2006 at 9:30am.
DATED at DURBAN on this 10th day of March 2006.
____________________________
Attorney for Applicant
LEGAL RESOURCES CENTRE Applicant’s Attorney
71 Diakonia Centre 20 St Andrews Street DURBAN
Ref: Ms S Samuel Tel: 3017572
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TO: The Registrar of the High Court
Masonic Grove
DURBAN
AND TO: PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
First Respondent
C/O The State Attorney
Smith Street
DURBAN
AND TO: MINISTER OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT Fourth Respondent
C/O The State Attorney
Smith Street
DURBAN
AND TO: PREMIER OF KWAZULU-NATAL
Third Respondent
C/O The State Attorney
Smith Street
DURBAN
AND TO: KWAZULU-NATAL MEC FOR TRADITIONAL AND LOCAL GOVERNMENT AFFAIRS Fourth Respondent
C/O The State Attorney
Smith Street
DURBAN
AND TO: AMOS GUMEDE
Fifth Respondent
Adams Mission
KWAZULU-NATAL
