n Annual Survey of South African Law - Family law

Volume 2009, Issue 1
  • ISSN : 0376-4605



Section 21 of the Judicial Matters Amendment Act 66 of 2008 came into operation on 17 February 2009 (GN 166 GG 31908 of 17 February 2009). It amends section 18 of the Matrimonial Property Act 88 of 1984 in keeping with the decision in 2006 (4) SA 230 (CC). In terms of the amended section 18 (b), a spouse who is married in community of property may recover damages in respect of bodily injuries his or her spouse caused to him or her. Those damages are no longer restricted to the non-patrimonial sort. The amount recovered is the injured spouse's separate property.

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