Press Release: CANGO Sings Praise on Victory between Husband and Wife’s Equality To Administer Marital Property
Mbabane: The Coordinating Assembly of Non-Governmental Organisations (CANGO) would like to appreciate justice being served by the High Court’s judgment to give effect to equality of husband and wife married in civil rights, community of property delivered on the 30th August in the case of Makhosazane Eunice Sacolo (nee Dlamini) and Another vs. Jukhi Sacolo and two others (1403/16: 2019).
Indeed, this is a landmark case because the Court neutralised marital power which has always been afforded men only in marriage, according to the Marriage Act 1964. But now because the wife in marriage is authorised, both spouses have the same entitlements which are “equal capacity and authority to administer marital property.” Also, the section 24 and 25 of the Act were struck down, declared unconstitutional an invalid.
We would like to wish the applicants, first applicant Makhosazane Eunice Sacolo (nee Dlamini) and second applicant, Women and Law Southern Africa-Swaziland, well for the victory and standing up for women’s rights the legal way. Because of their courage, women’s rights to dignity prevailed.
To this end, Women and Law Southern Africa-Swaziland to be a true advocate and having the interest of women at centre of its existence in not only supporting the first applicant’s rights but the landscape for all women married through civil rights in community of property.
As the common law doctrine of marital power, has been declared unconstitutional, discriminatory and inconsistent with Sections 18, 20 and 28 of the Constitution (2005), we can from this stage, therefore, encourage the Legislature to play its role too and amend the Marriage Act of 1964 to align it with the Constitution.
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