“Ms Sithole, the first applicant, acted in her own interest and in the public interest on behalf of all affected SA women, whose right to access property and financial security in marriage was in issue in this case.”
“Despite the Marriage and Matrimonial Property Amendment Act 3 of 1988 repealing section 22 of the BAA and allowing couples to change their marital regime, this was not enough to ameliorate the discrimination suffered by Ms Sithole and other women like her,” said the LRC.
The section, said the LRC, meant that a wife had no control over assets and her husband was free to dispose of the assets without considering or consulting her, and did not require her consent. The court ruled that part of the Matrimonial Property Act 88 of 1984 was unconstitutional and invalid to the extent that it maintained and perpetrated the discrimination created by a section of the BAA.
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