ConCourt refuses woman leave to appeal divorce settlement

Reprinted from Citizen.co.za The Constitutional Court has refused an Mpumalanga woman leave to appeal a 2019 judgment in terms of which a postnuptial agreement she and her now ex-husband entered into some 20 years after getting married, was deemed unenforceable. The two were married out of community of property in 1993. In 2014, however, they […]

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Reforms to marriage laws on the way

Reprinted from iol.co.za, by Mayibongwe Maqhina – 2024-01-27 The Department of Justice and Constitutional Development on Thursday said that it was cognisant of issues raised by civil society organisations for the need of reforms to the marriage laws. This after Cosatu and Nehawu made calls for the overhaul of marriage laws when they made written […]

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Section 10 of Births & Deaths Registration Act declared unconstitutional

Over a year ago, we wrote about a case brought by the University of Pretoria, appealing against a decision concerning Section 10 of the Births and Death Registration Act. The appeal found that Section 10, which requires a child born out of wedlock to be given the mother’s surname, is discriminatory. It discriminates against fathers […]

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Constitutional triumph on matrimonial property rights

ConCourt victory for elderly black women divorce

Reprinted from the Mail & Guardian, by Nokuthula Mbele – 2021-09-19 When Elizabeth Gumede’s husband instituted divorce proceedings and sought to evict her from their marital home, she consulted the Legal Resources Centre (LRC) and set in motion a process that would end in a high court finding that the laws under which she was married are […]

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