Concourt to redress black marriages

Johannesburg - For any Black couple who married before 1988 in the country, chances are that their union remains an out of community of property, in line with apartheid’s Black Administration Act .

“Under Section 22, the default position for black couples was marriage out of community of property. By contrast, the law regulating civil marriages between couples of all other races provided that the default position was marriage in community of property. Sithole faced becoming destitute following the collapse of the civil marriage she entered into in 1972.

An estimated 400 000 African women who married before 1988 could be in a position similar to Sithole’s, according to expert research the LRC cited to support the application. “She has spent her adult life contributing to the joint household and raising the children, yet she cannot enjoy the fruits of her labour.”

Source: Law Daily Report (lawdailyreport.net)

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