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Volume No - 14     Issue No - 22

There is no basis to delay and thus perpetuate the unjustified unequal treatment of Black couples. However, the order should not affect the legal consequences of any act or omission existing in relation to a marriage before this order was made. Also, the order must not undo completed transactions in terms of which ownership of property belonging to any of the affected spouses has since passed to third parties. Further, a saving provision or generic order should be made in favour of a person claiming specific prejudice arising from the retrospective change of the matrimonial regime, to approach a competent court for appropriate relief.

Judgement as it is

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