South Africa Case Law

Sithole and Another v Sithole and Another (CCT 23/20)

Sithole and Another v Sithole and Another (CCT 23/20) [2021] ZACC 7; 2021 (6) BCLR 597 (CC); 2021 (5) SA 34 (CC) (14 April 2021)

Court

Constitutional Court

Case number

CCT 23/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court confirmed that section 21(2)(a) of the Matrimonial Property Act is unconstitutional to the extent it preserves apartheid-era discrimination against Black couples married out of community of property.

• Unfair Discrimination
• Matrimonial Property Regimes
• Intersectionality
• Community Of Property
• Gender Equality
• Unfair-discrimination