Post-divorce rights of the South African women to the accrued estate

Abstract

Equality is the cornerstone of every democratic society, which applies to social justice and human rights. In virtually all societies and spheres of activities women are subject to inequalities in law and in fact. This situation is caused by discrimination in the family, in community and in the courts of law. South African law history as far as the property accumulated during marriage had unpleasant consequences towards women. Prior to 1984 women married out of community of property were basically denied the right to property during the marriage and after divorce. This was caused by the husband's marital powers as well as the separation of goods established by antenuptial contract. South Africa saw the first change in the family law in 1984. The introduction of the Matrimonial property Act enacted only for Whites, Asians and Coloured as well as some amendments to the Deeds Registries Act of 1937 and the Divorce Act of 1979 brought some relief to women. During 1984 South Africa was still clouded with racism. The Matrimonial property Act was only meant for Whites, Asians and Coloured as already mentioned. It was only in 1988 that Blacks married by civil rites enjoy the changed matrimonial affairs. The Marriage and Matrimonial Property Law Amendment Act were enacted mainly for Blacks married by civil rites. In 1990 South Africa experiences some steps towards Democracy. In 1993 the 1nterim Constitution was enacted. In terms of this Act South Africa was declared a Democratic Country. The discriminatory Acts were amended and some repealed to align with the socio-economic, political and constitutional changes. Women gradually started to have rights that were denied to them before. Finally in 1996, the final Constitution was enacted as a supreme law of the Country. It was as a result of the enactment of the final Constitution that the customary law, for the first in the history of South Africa, started to be given the attention it needed long time ago. This resulted in the enactment of the Recognition of Customary Marriage Act of 1998. The aim of the Act is amongst other things to integrate the property rights of women.