CUSTOMARY LAW WOMEN & PROPERTY

THE Women’s Legal Centre advises that in the past, under customary law women were prohibited from owning property within marriage and from inheriting property upon the death of a father, husband or brother.

However, there have been important changes in the law, thanks to several decisions by the Constitutional Court and new laws introduced by the state.

These laws recognised that the customary laws were discriminatory and unconstitutional.

◆ Women are now entitled to inherit property under customary law.

◆ The customary law of succession, which permitted only men to be heirs, was found to be unconstitutional and is no longer the law.

◆ Women in a customary marriage are now entitled to own and administer property.

◆ All customary marriages are deemed to be automatically in community of property, which means wives have a right to half of the marital assets upon divorce.