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This discrimination is unfair and not in line with the principles of the Constitution in terms of section 9(5) of the Constitution and this can only be accepted if valid grounds exist under section 36 of the Constitution with regards to limiting their rights. In Hassan v Jacobs , the court found no justification in terms of section 36 of the Constitution that would allow the exclusion of widows of polygamous marriages from the provisions of the ISA or MSSA...
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In Hassan v Jacobs , the court found no justification in terms of section 36 of the Constitution that would allow the exclusion of widows of polygamous marriages from the provisions of the ISA or MSSA. The court went on to hold that the more extensive interpretation of the words “spouse†and “survivor†is needed as polygamy in African customary law and Muslim law has received more recognition in recent times in regards to legislative and judicial decisions...
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