PHOTO: Roger de la Harpe, Gallo Images
The apartheid-era Black Administration Act combined with the more recent Matrimonial Property Act has effectively left thousands of elderly black women married out of community of property .
Pinetown housewife Agnes Sithole challenged this legislation and won in the KwaZulu-Natal High Court in Durban.
The ConCourt upheld the Durban ruling and ruled that all these marriages were by default in community of property, unless people specifically opt out.
The Constitutional Court has come to the aid of many black, mostly elderly, women whose marriages were automatically deemed out of community of property , GroundUp reported.
ConCourt rules that marriage act oppressing thousands o
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ConCourt declares apartheid era marriages law unconstitutional
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Victory for 400,000 SA black women as marital law ruled unconstitutional The high court found in favour of the applicants and declared that the act discriminated against black persons married before 1988, in particular, black women. Picture: freeimages.com.
5 hours ago
JOHANNESBURG - Prior to 1988, racist legislation in South Africa stipulated that black couples in civil, registered unions were automatically married out of community of property except under special circumstances. This discriminated against hundreds of thousands of women across the country - until Wednesday, when a court ruling changed all of that.
The Constitutional Court confirmed a previous 2020 ruling by the Durban High Court when it ruled on Wednesday that section 21(2)(a) of the Matrimonial Property Act (MPA) 88 of 1984 was unconstitutional and invalid to the extent that it maintained and perpetuated the discrimination c
Can a non-South African write…
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