Black and white marriages now equal in terms of property

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The Durban High Court, where Section 21(2)(a) of the Matrimonial Property Act was declared unconstitutional, leading to a Concourt confirmation.
The Durban High Court, where Section 21(2)(a) of the Matrimonial Property Act was declared unconstitutional, leading to a Concourt confirmation.

The Constitutional Court has struck down a “discriminatory” apartheid era law that oppressed thousands of black women in South Africa.

On Wednesday, Justice Zukisa Tshiqi delivered the unanimous landmark ruling that declared certain provisions in the Matrimonial Property Act (MPA) 88 of 1984 unconstitutional.

The order states that the provisions perpetuate the Black Administration Act (BAA) 38 of 1927 which automatically deemed all marriages by black people to be out of community of property.

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