Applicant and the 1st Respondent finalized their marriage under the Transkei Marriage Act 21 of 1978. Under Section 37(a) (civil marriage) and Section 37(b) (customary marriage), the husband is deemed the guardian of his wife during their marriage. Section 39(2) of the Act recognizes property as common only to the extent that the husband has declared the property as such prior to the solemnization of the marriage. The provision also excludes all “land held in individual tenure under quitrent conditions” from common property. The applicant applied to the High Court for a declaration that Sections 37 and 39(2) are unconstitutional.