n Annual Survey of South African Law - Family law
|Article Title||Family law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2009|
|Pages||440 - 486|
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 Van der Merwe v Road Accident Fund & another (Women's Legal Centre Trust as amicus curiae) 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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