Protection of Businesses Act, 1978
R 385
Divorce Act, 1979 (Act No. 70 of 1979)16. Amendment of section 5 of Act 37 of 1953, as amended by section 2 of Act 13 of 1966 |
Section 5 of the Matrimonial Affairs Act, 1953, is hereby amended-
| a) | by the substitution for subsection (1) of the following subsection: |
"(1) Any provincial or local division of the Supreme Court or any judge thereof may, on the application of either parent of a minor whose parents are divorced or are living apart, in regard to the custody or guardianship of, or access to, the minor, make any order which it may deem fit, and may in particular, if in its opinion it would be in the interests of such minor to do so, grant to either parent the sole guardianship (which shall include the power to consent to the marriage of the child) or the sole custody of the minor, and the court may order that, on the predecease of the parent to whom the sole guardianship of the minor is granted, a person other than the surviving parent shall be the guardian of the minor, either jointly with or to the exclusion of the surviving parent";
| b) | by the substitution for subsection (2) of the following subsection: |
"(2) An order under subsection (1) in regard to a minor whose parents are living apart shall, if the parents become reconciled and live together again as husband and wife, lapse with effect from the date on which the parents commence to live together again."
| c) | by the substitution for subsection (3) of the following subsection: |
"(3) Subject to any order of court-
| a) | a parent to whom the sole guardianship or custody of a minor has been granted under subsection (1) or the Divorce Act, 1979, or a father or a mother upon whom a children’s court has under section 60 (1) of the Children’s Act, 1960 (Act No. 33 of 1960), conferred the exclusive right to exercise any parental powers in regard to a minor, may by testamentary disposition appoint any person to be the sole guardian or to be vested with the sole custody of the minor, as the case may be; and |
| b) | the father of a minor to whom the sole guardianship of the minor has not been granted under subsection (1) or the Divorce Act, 1979, or upon whom a children’s court has not conferred the exclusive right to exercise any parental powers in regard to the minor, shall not be entitled by testamentary disposition to appoint any person as the guardian of the minor in any other manner than to act jointly with the mother."; and |
| d) | by the substitution for subsection (6) of the following subsection: |
"(6) If an order under section 60 of the Children’s Act, 1960. is rescinded, or if an order under subsection (1) of this section or under the Divorce Act, 1979, granting the sole guardianship or custody of a minor to a parent, lapses or is rescinded or is varied in such a manner that the parent is no longer the sole guardian or vested with the sole custody of the minor, any disposition under subsection (3) (a) shall lapse.".
