Section 70: Division of community property – Discrimination on basis of sex—The

70. Division of community property – Discrimination on basis of sex—The plaintiff brought an action for division of community property following the dissolution of her marriage. The plaintiff failed to accept her share in the community within the time set by article 1463 CC (repealed by Act 26 of 1980). The issue referred to the appellate Court was whether the requirements to accept in article 1463 CC which applied to women only, was contrary to the Constitution. HELD article 1463 CC discriminated against women and violated a wife’s right to protection from deprivation of property without compensation in breach of the provisions of the Constitution. Babajee v Appadoo (1990).