(i)
entered into before the commencement of this Act in terms of an antenuptial contract by which community of property and community of profit and loss are excluded; or(ii)
entered into before the commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988, in terms of section 22 (6) of the Black Administration Act, 1927 (Act No. 38 of 1927), as it was in force immediately before its repeal by the said Marriage and Matrimonial Property Law Amendment Act, 1988,may cause the provisions of Chapter I of this Act to apply in respect of their marriage by the execution and registration in a registry within two years after [that] the commencement of this Act or, in the case of a marriage contemplated in subparagraph (ii) of this paragraph, within two years after the commencement of the said Marriage and Matrimonial Property Law Amendment Act, 1988, as the case may be, or such longer period, but not less than six months, determined by the Minister by notice in the Gazette, of a notarial contract to that effect.”.
4. Section 25 of the Matrimonial Property Act, 1984, is hereby amended by—
(a)
the deletion of subsection (1);(b)
by the substitution for subsection (2) of the following subsection:“(2) Notwithstanding anything to the contrary in any law or the common law contained, the spouses to a marriage [other than a marriage contemplated in subsection (1)] entered into before the commencement of this Act and in respect of which the matrimonial property system was not governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927), may—
(a)
if they are married in community of property, cause the provisions of Chapters II and III of this Act to apply to their marriage;(b)
if they are married out of community of property and the wife is subject to the marital power of the husband [was not excluded in terms of the antenuptial contract concerned], cause the provisions of Chapter II of this Act to apply to their marriage,by the execution and the registration in a registry within two years after the said commencement or such longer period, but not less than six months, determined by the Minister by notice in the Gazette, of a notarial contract to that effect, and in such a case those provisions apply from the date on which the contract concerned was so registered.”; and
(c)
by the addition of the following subsection:“(3) Notwithstanding anything to the contrary in any law or the common law contained, the spouses to a marriage entered into before the commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988, and in respect of which the matrimonial property system was governed by section 22 of the Black Administration Act, 1927 (Act No. 38 of 1927), may—
(a)
if they are married in community of property, cause the provisions of Chapters II and III of this Act to apply to their marriage; or(b)
if they are married out of community of property and the wife is subject to the marital power of the