South Africa is lauded for having some of the most progressive laws and policies intended to advance women’s rights and gender equality
Parliament has been informed that an amendment bill for the recognition of customary marriages has been approved for submission by the Cabinet.
According to the Constitutional Court in 2017, section 7(1) and (2) of the Recognition of Customary Marriages Act 1998 discriminated against women in customary marriages and was declared constitutionally invalid.
In a nutshell, marriages concluded based on Customary Law before 1998 differed from marriages concluded after 1998.
Following 1998, marriages are considered a community of property marriages, however, marriages entered before 1998 remain unchanged.
As a result of those marriages, the husbands retained ownership of the marital estate and assets. Women were, therefore, at the mercy of their husbands in case of a breakdown in the marriage.
By virtue of the new amendment bill, marriages entered before the amendment of the Act will now also be regarded as marriages in a community of property. This will allow women in those marriages to also have property rights and/or ownership rights.
Once the bill is law, it will ensure that thousands of women in customary marriages will have equal rights to marital assets and property that have not previously been adequately protected.
Children Benefits
Furthermore, the amendment does not only eliminate gender-based discrimination but also provides assistance to children. The best interest of children is a paramount concern.
As a result, children born of customary marriages will also have the right and ability to inherit from their deceased mothers since husbands will no longer have exclusive ownership rights on marital property.
There are thousands of vulnerable women in South Africa living in polygynous marriages who suffer the hardship of the non-recognition of their property rights because of the rules of customary law.
It is particularly impressive to note that not only are our courts and legislatures moving forward and elevating the status of women, but companies and businesses are also taking steps to honour women.
