Sithole and Another v Sithole and Another

On 14 April 2021 the Constitutional Court of South Africa handed down a judgment declaring provisions of the Matrimonial Property Act 88 of  1984 unconstitutional and invalid to the extent that they maintain and perpetuate the discrimination created by section 22(6) of the Black Administration Act 38 of 1927 (‘the BAA’), and thereby maintain the default position of marriages of black couples, entered into under the Black Administration Act before the 1988 amendment, that such marriages are automatically out of community of property.

 A member of Ubunye Chambers, Muhammad Zakaria Suleman acted for the applicant, Ms Sithole, as junior counsel in the matter.

 You can read the judgment here.