REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA religion and culture. As that burden was not imposed on others, the school’s interference amounted to discrimination against her. Case law pertaining to the recognition of religious marriages 167. Another key development during the period under review has been the recognition of religious marriages which were not recognised during the apartheid regime. 168. In Daniels v Campbell NO100 the applicant was a woman married in terms of Muslim rites, whose husband had died intestate. The court noted that Muslim marriages were not recognised in South African law and concluded that this violated section 9 of the Constitution. Accordingly, it was held that the applicant could inherit. The Constitutional Court thus recognised Muslim marriages, but the recognition was only in relation to monogamous Muslim marriages. 169. In the case of Hassam v Jacobs NO,101 the applicant was a party to a polygamous Muslim marriage, whose husband had died intestate. The Constitutional Court held that precluding the applicant from inheriting unfairly discriminated on the grounds of religion and was therefore inconsistent with section 9 of the Constitution. The Court thus declared invalid section 1(4)(f) of the Intestate Succession Act102 which excluded widows of polygamous Muslim marriages from the protection of the Act. Accordingly, it was held that the applicant could inherit. The ambit of this judgment extended the ruling in Daniels v Campbell to polygamous Muslim marriages. 170. Monogamous Hindu marriages also received legal recognition during the period under review. In the case of In Govender v Ragavayah NO103 the court examined Constitutional Court cases which have extended the ambit of the Intestate Succession Act. The court found that the conclusion of a marriage in terms of Hindu rites and custom is an inherent element of the right and freedom associated with religious and cultural choices. Accordingly, it held that there is judicial support for the proposition that a spouse of a “marriage” by Hindu rites may well have the religious “marriage contract” given some recognition by South African law. 171. Following the courts’ interventions, several pieces of legislation have been amended and/or enacted to recognise religious marriages, as are discussed elsewhere in the report. 100 2004 (7) BCLR 735 (CC) (2009) ZACC 19 102 Act No 81 of 1987 103 2009 (3) SA 178 (D) 101 50