Matrimonial Causes Jurisdiction Act, 1939 (Act 22 of 1939)
Matrimonial Causes Jurisdiction Act, 1939
Act 22 of 1939
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Published in South African Government Gazette no. 2635 on 10 May 1939
- Assented to on 8 May 1939
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Commenced on 19 April 1943
- [This is the version of this document from 15 July 1996 and includes any amendments published up to 6 October 2022.]
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[Amended by Matrimonial Causes Jurisdiction Amendment Act, 1943 (Act 17 of 1943) on 19 April 1943]
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[Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 18 October 1953]
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[Amended by Matrimonial Affairs Act, 1953 (Act 37 of 1953) on 28 October 1953]
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[Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 21 June 1968]
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[Amended by Married Persons Equality Act, 1996 (Act 1 of 1996) on 15 July 1996]
[The word “Jurisdiction” is misspelt in the Government Gazette, as reproduced above.] Any provincial or local division of the Supreme Court of South Africa which in terms of section one has or would have jurisdiction to try an action for divorce or for restitution of conjugal rights or for judicial separation shall have jurisdiction to hear an application made by the wife for leave to sue her husband in forma pauperis or for an interdict pending the action or for an order compelling him to pay alimony pendente lite or to make a contribution towards the costs of the action. Any provincial or local division of the Supreme Court of South Africa which in terms of section one has or would have jurisdiction to try an action for divorce or for restitution of conjugal rights shall have jurisdiction to set aside any order of judicial separation made by any other division of that Court, in so far as it may be necessary to set aside that order before such an action may be instituted or a divorce may be granted or an order for restitution of conjugal rights may be made. Any provincial or local division of the Supreme Court of South Africa which in terms of section one has jurisdiction to try an action instituted by a wife shall have jurisdiction to try any claim in reconvention made by the husband for divorce or for restitution of conjugal rights or for judicial separation, and the provisions of sections two, three and five shall, mutatis mutandis, apply to any such claim in reconvention. Any division of the Supreme Court of South Africa which tries any action or claim in reconvention for divorce or for restitution of conjugal rights or for judicial separation by virtue of the jurisdiction conferred upon it by section one or four shall have jurisdiction to make an order determining the mutual property rights of the husband and wife or concerning the custody, guardianship and maintenance of any minor child born of the marriage subsisting between them; and any such division which has tried any such action or claim in reconvention by virtue of the jurisdiction so conferred upon it shall have jurisdiction at any time thereafter to amend any order made by it concerning the custody, guardianship or maintenance of any such child.[section 5 amended by Act 37 of 1953] Whenever any division of the Supreme Court of South Africa deals with any action or claim in reconvention for divorce or for restitution of conjugal rights by virtue of the jurisdiction conferred upon it by section one or four or determines the mutual property rights of the husband and wife by virtue of the jurisdiction conferred upon it by section five, it shall do so in accordance with the practice and the law in accordance with which the division within whose area of jurisdiction the defendant in convention or the plaintiff in reconvention is or was domiciled or is resident, as the case may be would have dealt with it.[Section 6 is amended by Act 37 of 1953. There should be a comma after the phrase “as the case may be”.] Nothing in this Act contained shall deprive any division of the Supreme Court of South Africa of any jurisdiction which it would have had if this Act had not been passed, or curtail any such jurisdiction. In this Act "Republic" includes the Mandated Territory of South-West Africa.[section 7bis inserted by Act 17 of 1943] This Act and any amendment thereof shall apply also in the territory of South-West Africa including the Eastern Caprivi Zipfel referred to in section 38 (5) of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968).[Section 7ter is inserted by Act 17 of 1943 and substituted by Act 70 of 1968, with the substitution deemed to have come into effect as of 18 October 1953 (section 22(2) of Act 70 of 1968).] This Act shall be called the Matrimonial Causes Jurisdiction Act, 1939.1. Jurisdication
2. Preliminary orders
3. Setting aside of judicial separation decreed by another division of Supreme Court
4. Claims in reconvention
5. Orders as to property rights of spouses and custody, guardianship and maintenance of children
6. Law and practice applicable in actions or claims in reconvention for divorce or restitution of conjugal rights dealt with under this Act
6bis. Recognition of certain decrees and orders
7. Saving
7bis. Definition
7ter. Application to South-West Africa
8. Short title