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.