Housing Development Agency Act, 2008
R 385
Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998)12. Amendment of laws |
| (1) | Section 17 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph: |
"(b) where the marriage concerned is governed by the law in force in the Republic or any part thereof, state whether the marriage was contracted in or out of community of property or whether the matrimonial property system is governed by customary law in terms of the Recognition of Customary Marriages Act, 1998;".
| (2) | Section 45bis of the Deeds Registries Act, 1937, is hereby amended— |
| a) | by the substitution for paragraph (b) of subsection (1) of the following paragraph: |
"(b) forms or formed an asset in a joint estate, and a court has made an order, or has made an order and given an authorization, under section 20 or 2 1(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or under section 7 of the Recognition of Customary Marriages Act, 1998, as the case may be, in terms of which the property, lease or bond is awarded to one of the spouses,"; and
| b) | by the substitution for paragraph (b) of subsection (1A) of the following paragraph: |
"(b) forms or formed an asset in a joint estate and a court has made an order, or has made an order and given an authorization under section 20 or 21(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or under section 7 of the Recognition of Customary Marriages Act, 1998, as the case may be, in terms of which the property, lease or bond is awarded to both spouses in undivided shares,".
