SOUTH AFRICA: COMMISSION FOR GENDER EQUALITY WELCOMES JUDGMENT BY CONSTITUTIONAL COURT THAT SECTION 7(3) OF DIVORCE ACT IS UNCONSTITUTIONAL

Commission for Gender Equality and Legal Resources Centre welcome victory for women in antenuptial contract marriages, as Section 7(3) of the Divorce Act is confirmed to be unconstitutional. The Commission for Gender Equality (CGE) and Legal Resources Centre (LRC) welcomed the judgment handed down in the Constitutional Court in the case KG v Minister of Home Affairs. The case dealt with a constitutional challenge to section 7(3) of the Divorce Act. The court confirmed the constitutional invalidity of the section on the basis that it fails to include marriages concluded on or after the commencement of the Matrimonial Property Act of 1984.