6.       Application of this Part

            The provisions of this Part shall-

     (a)     apply to every marriage in community of property, irrespective of the date on which the marriage was entered into; and

     (b)     not apply to property bequeathed or donated to a spouse where by condition of the bequest or donation the property is excluded from the community of property.

7.       Equal powers of spouses married in community of property

            Subject to the provisions of this Part, a husband and wife married in community of property shall have equal capacity to-

     (a)     dispose of the assets of the joint estate;

     (b)     contract debts for which the joint estate is liable; and

     (c)     administer the joint estate.

8.       Spouse's juristic act not subject to other spouse's consent

            Subject to section 9, a spouse married in community of property may perform any juristic act with regard to the joint estate without the consent of the other spouse.

9.       Acts requiring consent of spouse

            A spouse married in community of property shall not without the written consent of the other spouse-

     (a)     alienate, mortgage, burden with a servitude or confer any other real right in any immovable property forming part of the joint estate;

     (b)     enter into any contract for the alienation, mortgaging, burdening with a servitude or conferring of any other real right in immovable property forming part of the joint estate;

     (c)     alienate, cede, or pledge any shares, stock, debenture, debenture bonds, insurance policies, mortgage bonds, deposits or any investment by or on behalf of the other spouse, forming part of the joint estate;

     (d)     alienate, pledge or hypothecate any livestock, borehole, motor vehicle, jewellery, coins, stamps, paintings or other assets forming part of the joint estate;

     (e)     alienate, pledge, hypothecate or otherwise burden any furniture or other effects of the common household forming part of the joint estate;

     (f)      bind himself or herself as surety or enter into any loan or hypothecation agreement;

     (g)     receive any money due or accruing to the other spouse or the joint estate by way of-

           (i)       remuneration, earnings, bonus, allowance, royalty, pension or gratuity by virtue of the other spouse's employment, profession, trade, business or services rendered by the other spouse;

          (ii)       compensation for loss of any income contemplated in sub- paragraph (i);

          (iii)       inheritance, legacy, donation, bursary, or prize left, bequeathed, made or awarded to the other spouse;

         (iv)       income derived from the separate property of the other spouse;

          (v)       dividends or interest on or the proceeds of shares or investments in the name of the other spouse; or

         (vi)       the proceeds of any insurance policy or annuity in favour of the other spouse;

     (h)     deal with or dispose of moneys received under paragraph (g); or

     (i)      donate to another person any asset of the joint estate.

10.     Consequences of act performed without the required consent

            (1) An act performed in contravention of section 9 may be set aside at the instance of the spouse who suffered prejudice as a result of the act.

            (2) Notwithstanding the provisions of subsection (1), where a spouse married in community of property performs an act in contravention of section 9 and without leave of court under section 12 and as a result of the act, the joint estate suffers loss, an adjustment shall effect in favour of the other spouse-

     (a)     upon division of the joint estate; or

     (b)     upon demand by the other spouse at any time during the subsistence of the marriage.

            (3) The court shall in determining whether or not a joint estate has suffered any loss as a result of an act under subsection (2), consider not only the economic value of the property in question but shall also have regard to any sentimental value which at the time of alienation of the property, such property had to the spouse without whose consent the property was alienated.

            (4) Where a spouse makes a demand in accordance with subsection 2(b) and an amount is determined to be payable to the spouse in settlement of such adjustment, the amount shall be recovered from the separate estate of the other spouse.

            (5) Where the other spouse referred to in subsection (4) has no separate estate, the amount shall be recovered from the joint estate:

            Provided that there shall upon a subsequent division of the joint estate, be allocated to the spouse to whom payment was made and as a first charge against the value of the assets available for distribution, such an amount as that spouse may have contributed to the said adjustment by virtue of his or her interest in the joint estate.

            (6) An amount paid or assets transferred to a spouse in accordance with a demand made under subsection (2)(b), including any proceeds derived thereon, shall form a separate estate of such spouse.

            (7) Where there is a sequestration of the joint estate, property acquired in accordance with subsection (2)(b) shall vest in the trustee of the insolvent estate as if an adjustment in accordance with subsection (6) had not been effected.

11.     Acts not requiring other spouse's consent

            A spouse married in community of property may without the consent of the other spouse-

     (a)     sell, cede or pledge listed securities on a stock exchange in order to buy other listed securities; and

     (b)     perform acts required to be performed in the ordinary course of his or her profession, trade, occupation or business.

12.     Want of consent and suspension of power of spouse

            (1) A court may on application by a spouse married in community of property, grant the spouse leave to perform an act without the required consent under this Part, where the court is satisfied that-

     (a)     in the case where the consent is withheld, such withholding is unreasonable; or

     (b)     there is good reason to dispense with the consent.

            (2) A court may on application by a spouse, suspend for a definite or indefinite period, any power that the other spouse may exercise under this Part where the court is satisfied that it is essential for the protection of the interest of the applicant.

            (3) A suspension under subsection (2) may be general or in relation to a particular act as the court may specify in the order.

13.     Litigation by or against spouses

            (1) A spouse married in community of property shall not, without the written consent of the other spouse, institute or defend legal proceedings against another person except legal proceedings-

     (a)     in respect of his or her separate property;

     (b)     for the recovery of damages, other than damages for patrimonial loss, by reason of the commission of a delict against his or her person;

     (c)     in respect of a matter relating to his or her separate profession, trade, occupation or business.

            (2) A party to legal proceedings instituted or defended by a spouse may not challenge the validity of the proceedings on the ground of want of consent under subsection (1).

            (3) Where costs are awarded against a spouse in legal proceedings instituted or defended by the spouse without the consent required in accordance with subsection (1), the court may, with regard to the interest of the other spouse and the reasons for the want of consent, order that cost be recovered from the separate estate of the first mentioned spouse.

            (4) Where a spouse against whom costs have been awarded under subsection (3) has no separate estate, the court may order that costs be recovered from the joint estate and the provisions of section 10(5), (6) and (7) shall mutatis mutandis apply.

            (5) Where a debt is recoverable from a joint estate, the spouse who incurred the debt may be sued individually or both spouses may be sued jointly.

            (6) Where a debt has been incurred for necessaries for the joint household, the spouses may be sued jointly or severally.

            (7) An application for the surrender of a joint estate shall be made by both spouses.

            (8) An application for the sequestration of a joint estate shall be made by both spouses:

            Provided that no application for the sequestration of the estate of a debtor shall be dismissed on the ground that such debtor's estate is a joint estate where the applicant satisfies the court that despite reasonable steps taken by him or her, he or she was unable to establish whether the debtor is married in community of property or the name and address of the spouse of the debtor.