representing her in civil legal proceedings;[1] and (c) marital power over his wife’s property. Powers (b) and (c) could be excluded by antenuptial contract either completely or in part. Power (a) was an invariable consequence of the marriage and could not be excluded.[2]
[123]The Matrimonial Property Act 88 of 1984 abolished the husband's marital power over his wife's person and property in respect of marriages entered into after the commencement of the Act and not governed by the Black Administration Act 38 of 1927. The Marriage and Matrimonial Property Law Amendment Act 3 of 1988 extended the provisions of the Matrimonial Property Act to the civil marriages of Blacks (which were previously governed by the Black Administration Act). Sections 29 and 30 of the General Law Fourth Amendment Act 132 of 1993 abolished the marital power that a husband had over the person and property of his wife in respect of all marriages to which it still applied and also his power flowing from his position as head of the family. This Act contained a number of other provisions repealing or amending statutory provisions which differentiated between men and women and, in particular between husbands and wives. A year before this
