When Elizabeth Gumede’s husband sought to divorce and evict her from their marital home, she consulted LRCSouthAfrica and set in motion a process that would end in a high court finding that the laws under which she was married are unconstitutional.
that provided that the family head, the husband, was the owner of all family property, and the wife had no claim to the property during the marriage or if the marriage dissolved. Section 22 of the Natal Code provided that “inmates” of a kraal were under the control of the family head.
were governed by customary law and out of community of property, while section 7 provided that customary marriages after the date of commencement of the Act were marriages in community of property. The Constitutional Court upheld the high court’s ruling of constitutional invalidity and found that the differentiation in rights between pre-Act polygamous marriages and new polygamous customary marriages amounted to unfair discrimination. , which provided that black couples who concluded civil marriages under the BAA were automatically married out of community of property.
The laws that perpetuated the denial of Ms Sithole’s access to and control of family property both during and upon the dissolution of her marriage was struck down by the Constitutional Court on 14 April 2021 in a bid to foster security of tenure, financial freedom and dignity in old age.
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Judge John Hlophe withdraws interdict against parliament - The Mail & GuardianThe matter will be heard by a judge of the Johannesburg division when the matter is re-enrolled
Read more »
Almost 2 000 South Africans step up to report corruption - The Mail & GuardianThe most-reported crimes range from extortion and abuse of authority to Covid-19 related graft, according to a new report by Corruption Watch
Read more »
Editorial: Despite Zuma saga, the law will prevail - The Mail & GuardianFormer president Jacob Zuma still has a long court battle ahead, but we know that if he loses in law he might win in politics.
Read more »
The robot that allows Covid-19 patients human contact - The Mail & GuardianAn iPad-carrying robot is alleviating the loneliness of critically ill and isolated Covid-19 patients at Cape Town’s Tygerberg Academic Hospital’s intensive care units.
Read more »
Nersa approves Karpowership generation licences - The Mail & GuardianThe Organisation Undoing Tax Abuse has questioned why Nersa has not immediately provided its reasons for issuing the controversial generation licences
Read more »