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Court case: Confirmation of unconstitutionality – Sithole and Another v Sithole and Another [2021] ZACC 7

Sithole and Another v Sithole and Another [2021] ZACC 7

The Constitutional Court (CC) confirmed the finding of unconstitutionality of section 21(2)(a) of the Matrimonial Property Act, 88 of 1984, by the KwaZulu-Natal High Court. See our summary of the KZN judgement by clicking here.

The CC (TSHIQI J with Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J and Victor AJ concurring) also ruled that the effect of the judgement is retroactive, which means that all existing customary law marriages are now regarded as in community of property as is the case with all marriages under the Marriage Act, 1961, as well as all marriages and civil unions under the Civil Union Act, 2006.

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