What Women in South Africa Should Know This October

As the days grow warmer and many of us transition into the final quarter of the year, there are legal developments and important issues that disproportionately affect women. If you’ve been putting off legal questions, this is your reminder: knowing your rights isn’t optional, it’s essential. Here’s what women across South Africa should be aware of this October.

1. Life Partnerships & Inheritance Rights: Bwanya v Master of the High Court

One landmark constitutional court ruling you should know about is Bwanya v Master of the High Court, which held that women in permanent life partnerships (i.e. unmarried but sharing life and having reciprocal duties of support) must be entitled to inheritance and maintenance just like married spouses. If you are in a long‐term life partnership, this affects whether you are eligible to claim from your partner’s estate under Intestate Succession and the Maintenance statute.

2. Expropriation Act, 2024: What It Means for Women Landowners

The new Expropriation Act (2024) aims to modernise how the state can acquire private land for “public purpose or in the public interest”, including property reforms. Women, especially those who acquired property under customary law, or who are heads of households, need to check whether their land rights are sufficiently documented. Unclear ownership or lack of legal title could make it harder to defend compensation or contiguously assert rights under the new legislation.

3. Marriage Bill 2023: The Push Toward a Unified Marriage Law

The proposed Marriage Bill, 2023 aims to unify the rules that govern civil, customary, and religious marriages in South Africa. For women, this could mean greater clarity about property rights, dissolution of marriage, registration, and consequences for children. It’s a chance for law to catch up to lives, especially for those in customary or religious unions where rights aren’t always clearly protected.

4. Persistent Gaps in Gender Equality & Access to Justice

Despite existing laws, reports show that many women still face major obstacles in accessing full legal protection (from courts, protection orders, or inheritance claims). Issues include lack of awareness, cost barriers, procedural delays, especially in rural or customary law contexts. The Women’s Rights country reports highlight that many women do not fully know their legal rights or how to enforce them.

What You Can Do

• Check your legal status: If you’re in a life partnership, ensure your partner understands what rights you have, and consider drafting or updating your will accordingly.

• Register property & marriage properly: Where applicable, ensure you have legal proof of property, marital status, and ownership so that rights aren’t denied due to lack of documentation.

• Update your inheritance plan: If things have changed in your life (partnership status, children, property), review your will.

• Know your protection options: Domestic and intimate partner abuse or violence isn’t only about physical harm. Emotional abuse, financial control, or being shut out of property and inheritance rights also count. Seek legal help if you feel your rights are being limited.

Conclusion

The law can protect, but only if you know which laws apply to you, and take steps to use them. October is a good month to pause, review your legal standing, and ensure you’re not left unprotected, whether through property, inheritance, or partnership rights.

If any of these issues feel close to your life, or if you’re just unsure, Gascoigne Randon is here to guide women through this with clarity, compassion and legal expertise.