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Married Persons Equality Act, 1996
Act 1 of 1996
- Published in Government Gazette 1316 on 28 May 1996
- Assented to on 20 May 1996
- Commenced on 15 July 1996 by Commencement of the Married Persons Equality Act, 1996
- [This is the version of this document from 1 November 2010 and includes any amendments published up to 11 October 2024.]
- [Amended by Banking Institutions Act, 1998 (Act 2 of 1998) on 1 April 1998]
- [Amended by Defence Act, 2002 (Act 1 of 2002) on 15 July 2002]
- [Amended by Companies Act, 2004 (Act 28 of 2004) on 1 November 2010]
1. Definitions
In this Act, unless the context indicates otherwise -“bank” means any person carrying on a banking business as defined in the Banks Act, 1965 (Act 23 of 1965);[The Banks Act 23 of 1965 has been replaced by the Banking Institutions Act 2 of 1998.]“court” means the High Court, and includes, for the purposes of section 10 and 11, a judge in chambers and, for the purposes of section 10, a magistrate’s court which has jurisdiction in the matter concerned;“building society” means any person carrying on business as a building society as defined in the Building Societies Act, 1986 (Act 2 of 1986);“joint estate” means the estate of a husband and wife married in community of property.Part I – ABOLITION OF MARITAL POWER
2. Abolition of marital power
3. Effect of abolition of marital power
Subject to this Act, the effect of section 2(1) is -Part II – PROVISIONS REGARDING MARRIAGES IN COMMUNITY OF PROPERTY
4. Application of this Part
The provisions of this Part shall apply to every marriage in community of property, irrespective of the date on which such marriage was entered into.5. Equal powers of spouses married in community of property
Subject to this Part, a husband and wife married in community of property have equal capacity -6. Spouse’s juristic acts generally not subject to other spouse’s consent
Subject to section 7, a spouse married in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse.7. Acts requiring other spouse’s consent
8. Consequences of act performed without required consent
9. Litigation by or against spouses
10. Power of court to dispense with spouse’s consent with regard to specific juristic act
If a spouse married in community of property withholds the consent required in terms of section 7 or 9 or if that consent cannot for any other reason be obtained, a court may on the application of the other spouse give that spouse leave to perform the act in question without the required consent if the court is satisfied, in the case where the consent is withheld, that such withholding is unreasonable or, in any other case, that there is good reason to dispense with the consent.11. Power of court to suspend powers of spouse
A court may, on the application of a spouse, if it is satisfied that it is essential for the protection of the interest of that spouse in the joint estate, suspend for a definite or indefinite period any power that the other spouse may exercise in terms of this Part, either in general or in relation to a particular act as the court may specify in its order.Part III – PROVISIONS REGARDING DOMICILE OF MARRIED WOMEN AND DOMICILE AND GUARDIANSHIP OF MINOR CHILDREN
12. Domicile of married women
The domicile of a married woman shall not -13. Domicile of minor children
14. Guardianship of minor children of a marriage
Part IV – PROVISIONS REGARDING MARRIAGES OUT OF COMMUNITY OF PROPERTY
15. Liability of spouses married out of community of property for household necessaries
Part V – MISCELLANEOUS AND AMENDMENT OF CERTAIN LAWS
16. Provisions not applicable to marriages by customary law
The provisions -17. Amendment of section 1 of Matrimonial Causes Jurisdiction Act, 1939, as amended by section 6 of Act 37 of 1953 and section 21 of Act 70 of 1968
The following section is hereby substituted for section 1 of the Matrimonial Causes Jurisdiction Act, 1939:“1. Jurisdication[The word “Jurisdiction” is misspelt in the Government Gazette, as reproduced above.]18. Amendment of section 5 of Magistrates’ Courts Act, 1944
Section 5 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944) is hereby amended by the substitution for subsection (2) of the following subsection:“(2) The court may in any case, in the interest of good order or public morals, direct that a [civil] trial shall be held [with closed doors] in camera or that (with such exceptions as the court may direct) [females or] minors or other categories of persons or the public generally shall not be permitted to be present thereat.”.19. Amendment of section 111 of Magistrates’ Courts Act, 1944, as amended by section 10 of Act 63 of 1976
Section 111 of the Magistrates’ Courts Act, 1944, is hereby amended by the deletion of subsection (4).20. Repeal of section 1, 2 and 3 of Matrimonial Affairs Ordinance, 1955
Sections 1, 2 and 3 of the Matrimonial Affairs Ordinance, 1955 (Ordinance 25 of 1955), are hereby repealed.21. Amendment of section 4 of Matrimonial Affairs Ordinance, 1955, as amended by section 3 of Ordinance 9 of 1967
Section 4 of the Matrimonial Affairs Ordinance, 1955, is hereby amended -22. ***
[section 22 deleted by Act 1 of 2002]23. Amendment of section 1 of Marriage Act, 1961, as amended by section 1 of Act 51 of 1970 and section 1 of Act 5 of 1987
Section 1 of the Marriage Act, 1961 (Act 25 of 1961), is hereby amended by the substitution for the definition of “Minister” of the following definition:‘“Minister’ means the Minister of Home Affairs;”24. Amendment of section 26 of Marriage Act, 1961, as substituted by section 6 of Act 5 of 1987
Section 26 of the Marriage Act, 1961, is hereby amended by the substitution for subsection (1) of the following subsection:“(1) No boy or girl under the age of 18 years [and no girl under the age of 15 years] shall be capable of contracting a valid marriage except with the written permission of the [Cabinet] Minister or any [officer] staff member in the [Government Service] Public Service authorized thereto by the [Cabinet] Minister, which [it or] he or she may grant in any particular case in which [it or] he or she considers such marriage desirable: Provided that such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all other requirements prescribed by law: Provided further that such permission shall not be necessary if by reason of any such other requirement the consent of a judge or court having jurisdiction in the matter is necessary and has been granted.”.25. Substitution of certain expression in Marriage Act, 1961
The Marriage Act, 1961, is hereby amended by the substitution for the expression “Cabinet”, wherever it occurs, of the expression “Minister”.26. ***
[section 26 deleted by 2 of 1998]27. Repeal of section 17 of Administration of Estates Act, 1965
Section 17 of the Administration of Estates Act, 1965 (Act 66 of 1965), is hereby repealed.28. Amendment of section 72 of Administration of Estates Act, 1965, as amended by section 7 of Act 54 of 1970
Section 72 of the Administration of Estates Act, 1965, is hereby amended -29. Substitution of section 85 of Administration of Estates Act, 1965
The following section is hereby substituted for section 85 of the Administration of Estates Act, 1965:“85. Applications of certain sections to tutors and curatorsSections 24, 26, 28, 36, 42(2), 46, 48, 49(2), 52, 53, 54 and 56 shall mutatis mutandis apply with reference to tutors and curators: Provided that any reference in any of the said sections to a will shall, for the purposes of its application under this section, include a reference to any written instrument by which the tutor or curator concerned has been nominated.”.30. Amendment of section 3 of Prescription Act, 1969
Section 3 of the Prescription Act, 1969 (Act 68 of 1969), is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:“(a) the person against whom the prescription is running is a minor or is insane, [or is a woman whose separate property is controlled by her husband by virtue of his marital power,] or is a person under curatorship, or is prevented by superior force from interrupting the running of prescription as contemplated in section 4; or”.31. ***
[section 31 deleted by 28 of 2004]32. ***
[section 32 deleted by 28 of 2004]33. Amendment of section 1 of Rents Ordinance, 1977
Section 1 of the Rents Ordinance, 1977 (Ordinance 13 of 1977), is hereby amended by the substitution for the definition of “lessee” of the following definition:“lessee”, with regard to -34. Repeal of section 13 of Boxing and Wrestling Control Act, 1980
Section 13 of the Boxing and Wrestling Control Act, 1980 (Act 11 of 1980), is hereby repealed.35. Amendment of section 2 of Combating of Immoral Practices Act, 1980
Section 2 of the Combating of Immoral Practices Act, 1980 (Act 21 of 1980), is hereby amended by the substitution for paragraph (g) of subsection (2) of the following paragraph:“(g) any person whose [wife] spouse keeps or lives in or manages or assist in the management of a brothel, unless [he] such person proves that he or she was ignorant thereof or that he or she lives apart from [her] the said spouse and did not receive all the money or any share of the money taken therein.”.36. Substitution of section 62 of Building Societies Act, 1986
The following section is hereby substituted for section 62 of the Building Societies Act, 1986 (Act 2 of 1986):“62. MinorsUnless otherwise provided by the rules of the society, a minor over the age of sixteen years may be a member of or depositor with any society and may without the consent or assistance of his or her guardian execute all necessary documents, give all necessary acquittances and cede, pledge, borrow against and generally deal with his or her share or deposit as he or she thinks fit, and shall enjoy all the privileges (except that a minor shall not hold office) and be liable to all the obligations attaching to members or depositors.”.37. Amendment of section 32 of Close Corporations Act, 1988
Section 32 of the Close Corporations Act, 1988 (Act 26 of 1988), is hereby amended by the deletion of subsection (2).38. Short title and commencement
This Act shall be called the Married Persons Equality Act, 1996, and shall come into operation on a date to be determined by the Minister of Justice by notice in the Gazette.History of this document
01 November 2010 this version
Amended by
Companies Act, 2004
15 July 2002
Amended by
Defence Act, 2002
01 April 1998
Amended by
Banking Institutions Act, 1998
15 July 1996
28 May 1996
20 May 1996
Assented to
Cited documents 17
Act 17
1. | Administration of Estates Act, 1965 | 1828 citations |
2. | Magistrates' Courts Act, 1944 | 982 citations |
3. | Close Corporations Act, 1988 | 546 citations |
4. | Prescription Act, 1969 | 130 citations |
5. | Building Societies Act, 1986 | 102 citations |
6. | Combating of Immoral Practices Act, 1980 | 59 citations |
7. | Defence Act, 2002 | 45 citations |
8. | Credit Agreements Act, 1980 | 39 citations |
9. | Marriage Act, 1961 | 23 citations |
10. | Recognition of Certain Marriages Act, 1991 | 12 citations |
Documents citing this one 41
Judgment 30
Gazette 5
Act 4
1. | Companies Act, 2004 | 445 citations |
2. | Banking Institutions Act, 1998 | 224 citations |
3. | Defence Act, 2002 | 45 citations |
4. | Deeds Registries Act, 2015 | 9 citations |
Law Reform Report 2
1. | Report on Customary Law Marriages | |
2. | Report on Marital Property |