The Constitutional Court confirmed the High Court’s declaration that section 7(7)(c) of the Divorce Act is inconsistent with the Constitution and invalid. The judgment says the provision differentiates between pre and post 1984 marriages in relation to pension interest and discusses gender and sex discrimination in that context. The Court also confirmed that the order would not affect legal consequences already existing before the order was made in relation to marriages concluded on or after 1 November 1984.
This may be relevant to divorce matters involving marriages out of community of property and without accrual, especially where pension interest is mentioned.
Evidence from source
Section 7(7)(c) of the Divorce Act 70 of 1979 is declared inconsistent with the Constitution and invalid
Supports: plain_summary sentence 1
it differentiates irrationally on the ground of gender; and (b) to the extent that, in violation of section 9(3) of the Constitution, it unfairly discriminates on the ground of gender
Supports: plain_summary sentence 2
shall not affect the legal consequences of any act done or omission or fact existing before this order was made in relation to any marriage concluded on or after 1 November 1984
Supports: plain_summary sentence 3