LR Fischer Attorneys apply for constitutional changes

We have submitted a request for 2 constitutional changes in law, Liesl seeks a declaratory order that "dum casta" clauses, which limit a divorced spouse's entitlement to maintenance if they enter into a new relationship, are unconstitutional. We argue that such clauses unfairly impose gender inequality, invade the right to privacy, and perpetuate discrimination. The challenge is based on constitutional principles of dignity, equality, and freedom of association, noting that these clauses disproportionately affect women, especially in civil marriages, while not applying in Muslim or customary marriages. The application raises concerns about the inconsistent and unfair treatment of divorced individuals, urging the court to align common law with constitutional values of non-discrimination and equality. Interested parties may apply to join as amicus curiae in the proceedings.