A giant leap ahead for women’s rights

The cabinet has approved the submission of the recognition of the Customary Marriages Amendment Bill of 2019 to parliament. Section 7(1) and (2) of the recognition of Customary Marriages Act 1998 discriminated unfairly against women in customary marriages, but was declared constitutionally invalid, and has now been brought in line with the judgement of the Constitutional Court in 2017.

Simply put; previously marriages entered into in terms of Customary Law before 1998 were distinguished from those entered into after 1998. Marriages entered into after 1998 are regarded as in community of property marriages, however, those entered into before 1998 remained unchanged. In those marriages, the husbands retained ownership of the marital property and assets. The women were, as such, left at the mercy of the husbands should the marriages fall apart.

In terms of this new amendment bill, marriages entered into before the amendment of the Act will now also be regarded as marriages in community of property that allows women in those marriages to also have ownership and/or rights regarding the marital property. The rights of thousands of women in customary marriages, not previously adequately recognised, will soon be afforded protection when the bill becomes law. This will ensure that they have equal rights to ownership of marital property and assets.

The amendment furthermore does not only eliminate gender-based discrimination but also assists children. In all matters, kids are our most paramount concern. Children born from customary marriages will now also enjoy the benefit of being able and entitled to inherit from their deceased mothers since husbands will no longer have exclusive proprietary rights over marital property.

It is remarkable to note that not only are our courts and legislatures moving ahead and empowering women, but companies and businesses are also granting them their much-deserved recognition. Adams and Adams Attorneys, one of the largest law firms in Africa, has just appointed the first-ever female chairperson of the firm – what a fantastic leap for the future.

Customary marriages remain a niche field since every matter is determined on its own merits. It is therefore crucial for parties who are married in terms of customary law to seek the guidance of a specialist to know and understand his or her rights.