CCT15/95

[1996] ZACC 9

1996 (4) SA 197 (CC)

1996 (6) BCLR 752 (CC)

Chaskalson P Majority judgment

O'Regan J Majority judgment on the merits

9 November 1995

15 May 1996

http://hdl.handle.net/20.500.12144/1994

Adjudication of a referral to the Constitutional Court by the High Court regarding the constitutionality of ss 44(1) and 44(2) of Act 27 of 1943, relevant sections declared unconstitutional.

Section 44 of the Insurance Act 27 of 1943 which deprived married women of benefits of husband’s life insurance policies. Competence of referral under s. 102(1), direct access and invalidity of s. 44(1) and (2) because infringement of s. 8 of the Constitution A unanimous judgment written by Chaskalson P. O’Regan J (although concurring wrote a separate judgment).