CCT48/05

2006 (4) SA 230 (CC)

2006 (6) BCLR 682 (CC)

Moseneke DCJ Majority judgment

Yacoob J separate judgment

30 March 2006

http://hdl.handle.net/20.500.12144/2417

Judgment concerns three matters: Application to the Constitutional Court for a confirmation of a order of constitutional invalidity made by the Cape High Court: Van der Merwe v Road Accident Fund, CPD Case 1803/02, 13 September 2005, Unreported ; Direct appeal by the Road Accident Fund, the first respondent, against the order of constitutional invalidity ; Application for joinder of the Minister of Justice and Constitutional Development as party to the proceedings.

The Court confirmed and varied a High Court order invalidating provisions of the Matrimonial Property Act of 1984. The Court found section 18(b) to be unconstitutional in so far as it precludes spouses from claiming patrimonial damages from each other in delict. It amended the Act to allow for such damages to become the separate property of the injured spouse.