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CONSTITUTIONAL COURT RULES THAT MARRIAGES OF BLACK WOMEN MARRIED IN TERMS OF SECTION 22(6) OF THE BLACK ADMINISTRATION ACT 38 OF 1927 ARE AUTOMATICALLY IN COMMUNITY OF PROPERTY

• 10 August 2021
• <a href="/users/fasken">1069</a>

Historically marriages of black people were regulated exclusively by the Black Administration Act, 38 of 1927 (“BAA”). In terms of section 22(6) of the BAA, the default position for black couples was that their marriages were automatically out of community of property. This section was repealed by the Marriage and Matrimonial Property Law Amendment Act, 3 of 1998 (“Amendment Act”),  which deleted section 22(6) of the BAA and inserted of section 21(2)(a) and 25(3) into the Matrimonial Property Act 88 of 1984 (“MPA”) which provided black couples that were married under section 22(6) of the BAA with an “opportunity” to change their matrimonial property regimes within two years after the commencement of the MPA, from 2 December 1988.

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• 11 March 2021
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