The word "spouse" as used in the Intestate Succession Act, 1987 includes the surviving partner to a monogamous Muslim marriage, as does the word "survivor" as used in the Maintenance of Surviving Spouses Act, 1990.
Daniels v Campbell NO and Others, an important case in South African family law and law of succession, was heard in the Constitutional Court on 6 November 2003 and decided on 11 March 2004. The court was unanimous that the constitutional right to equality requires that rights of intestate inheritance and maintenance must be extended to the surviving partners of de facto monogamous Muslim marriages, even though such marriages are not recognised under the Marriage Act, 1961.
In dual opinions written by Justices Albie Sachs and Sandile Ngcobo, a majority of the court held that the Intestate Succession Act, 1987 and Maintenance of Surviving Spouses Act, 1990 must be read to extend such rights. A minority, comprising Justices Dikgang Moseneke and Tholie Madala, disagreed with this approach, arguing that the legislation refers to lawful marriages under the Marriage Act and that the legislation is therefore unconstitutional in its current form.
The ambit of this judgment was restricted to de facto monogamous Muslim marriages; it was extended to polygamous Muslim marriages in Hassam v Jacobs.
and 24 Related for: Daniels v Campbell information
DanielsvCampbell NO and Others, an important case in South African family law and law of succession, was heard in the Constitutional Court on 6 November...
Intestate Succession Act, 1981. The judgment extended the ruling in DanielsvCampbell, which had come to the same conclusion in respect of monogamous Muslim...
Christian Education South Africa v Minister of Education2000 (4) SA 757 (CC) (2000 (10) BCLR 1051). DanielsvCampbell NO and Others2004 (5) SA 331 (CC)...
Booysen v Minister of Home Affairs [2001] ZACC 20 Unanimous. 10 Minister of Education v Harris [2001] ZACC 25 Unanimous. 11 DanielsvCampbell [2004] ZACC...
Jayden Daniels (born December 18, 2000) is an American football quarterback for the Washington Commanders of the National Football League (NFL). He played...
Court include those reviewed by the Constitutional Court as DanielsvCampbell and Dawood v Minister of Home Affairs, both of which concerned the institution...
Education v Syfrets Trust. Act 70 of 1970 See DanielsvCampbell. In re Estate Visser 1948 (3) SA 1129 (C). See Carelse v Estate De Vries. Hoffmann v Herdan...
2016. Amod v Multilateral Motor Vehicle Accidents Fund (Commission For Gender Equality Intervening) 1999 (4) SA 1319 (SCA). DanielsvCampbell NO and Others...
prominent case involving the method, decided during the same period, was DanielsvCampbell. Under the principle of avoidance, a court will generally attempt...
Intestate Succession Act, 1987 do not apply. The courts in DanielsvCampbell and Hassam v Jacobs, however, have held that persons married in terms of...
Charles Edward Daniels (October 28, 1936 – July 6, 2020) was an American singer, musician, and songwriter. His music fused rock, country, blues and jazz...
Josephus Daniels (May 18, 1862 – January 15, 1948) was an American diplomat and newspaper editor from the 1880s until his death, who managed The News...
Kimberly Daniels (born June 12, 1961) is an American minister, religious author, politician, wife and mother of four from Jacksonville, Florida. She is...
Jonathan Myrick Daniels (March 20, 1939 – August 20, 1965) was an Episcopal seminarian and civil rights activist. In 1965, he was killed by Tom Coleman...
Covell (born March 24, 1970), better known by the ring name Christopher Daniels, is an American professional wrestler. He is signed to All Elite Wrestling...
Christian Campbell (born May 12, 1972) is a Canadian actor. He is known for his roles as Gabriel in the film Trick, Greg Ivey in the television series...
O'Regan [2004] ZACC 14 DanielsvCampbell NO and Others 6 November 2003 11 March 2004 Sachs [2004] ZACC 15 Bato Star Fishing (Pty) Ltd v Minister of Environmental...
Antonio Robert Daniels (born March 19, 1975) is an American former professional basketball player who played 13 seasons in the National Basketball Association...
Randy Daniels (born 1950) is an American businessman, politician, and journalist who served as Secretary of State of New York from 2001 to 2005. Daniels was...
Earl Christian Campbell (born March 29, 1955), nicknamed "the Tyler Rose", is an American former football running back who played in the National Football...
match, also featuring Daniels, at Against All Odds, and in an Ultimate X match at Destination X, which Daniels won. After Daniels lost the title back to...
Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003)". Justia Law. Retrieved July 24, 2023. "State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003)"...
Global Information