25
[54]
We were of the view that, given the nature and the importance of the
customary law issue raised in the appeal and the constitutional implications
thereof, it was appropriate that relevant state institutions, organizations and/or
experts on the practice of ukuthwala in customary law be invited to apply to
assist the court as amicus curiae on the specific issues of customary
marriages and the practice of ukuthwala. To that end letters of invitation were
sent under the hand of the presiding judge to a number of organizations who
had an interest or expertise on the topic to apply in writing to participate in the
proceedings as amici curiae and to present oral submissions with regard to
such applications.
[55]
The appellant and the respondent were afforded the opportunity of responding
to the applications. In response, the court was favoured with offers of
assistance by the following institutions:
55.1
The National House of Traditional Leaders, a statutory body
established in terms of the National House of Traditional Leaders Act
No 22 of 2009, with its main objective being to represent and advance
the aspirations of traditional leaders and their rural communities at a
national level;1
1
Notice of application to be admitted as Amicus Curiae, affidavit by Inkosi Sipho Etwell Mahlangu, p 3
para 5.
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