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September 27, 2004

SCA recognises role of housewife

A ruling that it would be unconstitutional and discriminatory to undervalue the role of the housewife and mother that is traditionally conferred upon women during divorce proceedings, has been confirmed by the Supreme Court of Appeal, reports The Mercury. Justice of Appeal Fritz Brand, supported by four appeal court judges, said he agreed in principle with this ruling by the Cape High Court Acting Judge Brian Pincus, but that the facts of the particular divorce case in which it had been made did not support the outcome of the case. ‘I find myself in agreement with the thesis that the traditional role of housewife, mother and homemaker should not be undervalued, because it is not measurable in terms of money,’ Judge Brand said. In the case at issue, though, Brand ruled that the wife was not claiming for her role as a ‘housewife and mother' but only for the role she had played in the family business. As a result, he concluded that she was entitled to less than half of the multimillion-rand estate the couple had built together.

 

Provided courtesy of Legalbrief Today. To participate in a free month’s subscription to Legalbrief’s daily legal news service click here.

 

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