‘Women enter marriages poorer’: ConCourt strikes down Divorce Act provision over unfair pension rules
Divorce Act provision found to violate equality rights The Eastern Cape High Court had found that Section 7(7)(c) unfairly discriminated against women in marriages concluded before and after 1 November 1984 on the grounds of gender and sex.
The ruling follows a February 2025 judgment by the Eastern Cape High Court in Gqeberha, which found that the exclusion of pension interests under the provision amounted to unfair gender discrimination.
As a result, the ConCourt confirmed the high court’s declaration of invalidity with immediate effect, but suspended the operation of the invalidity order for 24 months to give Parliament time to amend the Divorce Act.
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