Women's Month 2015

Project details

Women's Month 2015


Women Centred Legislation in South Africa 1994 to 2015

Since 1994 extensive legislation has been passed in South Africa to promote and protect women’s equal rights. With a foundation in the Constitution, legislation related to marriages, land, sexual violence, and employment equity has been passed. Here are details on that legislation which have also been categorised by parliamentary cycle.

(The information on this website is distributed by Parliament as an information source only. Users should not act on this information without seeking professional advice. This information is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do.

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1ST PARLIAMENT: 1994 - 1999

The Constitution of the Republic of South Africa Act  (Act 108 of 1996) (includes amendments, external link)

Labour Relations Act (Act No. 66 of 1995)    

Commission on Gender Equality Act (Act 39 of 1996)

The Choice on Termination of Pregnancy Act (Act No.92 of 1996)

  • This act was widely consulted, and was one of the first legislative processes in the history of the South African Parliament to encompass such a wide-ranging public debate and public participation. The Act repealed the restrictive and inaccessible provisions of the Abortion and Sterilisation Act, 1975 (Act No. 2 of 1975). It promotes reproductive rights and extends freedom of choice by affording every woman the right to choose whether to have an early, safe and legal termination of pregnancy according to her individual beliefs.
  • Amendments:

The Criminal Procedure Second Amendment Act (Act No. 85 of 1997)

  • This Act effected further amendments to the bail laws to ensure that persons who are accused of committing serious offences are not released and relates particularly to offences where women and children are the victims.

The Employment Equity Act (Act No. 55 of 1998)

  • The purpose of the Employment Equity Act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. It also speaks to the implementation of affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce. Considering the large numbers of women who are in informal and casual employment there is a need for better implementation and enforcement of the Employment Equity Act.
  • Amendments:
  • For more information:

The Maintenance Act (Act 99 of 1998)

  • The Maintenance Act dealt with challenges with previous maintenance laws that often negatively affected women. It made provision for maintenance to automatically be deducted from a person’s salary, as well as placing a duty on the state to trace people who fail to pay maintenance.
  • For more information:

The Domestic Violence Act (Act 116 of 1998)

  • The Domestic Violence Act is the primary legislation aimed at protecting women against violence in the home. It constitutes a substantial broadening of the limited scope of its predecessor, the Prevention of Family Violence Act of 1993. In its Preamble this Act recognises that domestic violence is a serious social evil and an obstacle to achieving gender equality.
  • For more information:

The Recognition of Customary Marriages Act (Act 120 of 1998)

  • The Recognition of Customary Marriages Act, 120 of 1998, came into operation on 15 November 2000, and gives full legal recognition to customary marriages for the first time in the history of South Africa. Prior to the commencement of the Act, customary marriages, (better known as customary unions) did not enjoy the same status as civil marriages concluded in terms of the Marriage Act, 25 of 1961. This Act prescribes that both partners must consent to a marriage and must be over the age of 18, and governs practices such as ukuthwala. It also provides that women have equal rights to acquire and dispose of property in a customary marriage.
  • For more information:

2ND PARLIAMENT: 1999 - 2004

The Promotion of Equality and Prevention of Unfair Discrimination Act (Act 4 of 2000) (PEPUDA)

  • PEPUDA aims to give effect to the Constitutional requirements to equality, and to facilitate compliance with international law obligations. It prohibits discrimination by the State and by private organizations and individuals on the basis of gender, sex, pregnancy or marital status. This also relates to the inheritance of property.
  • Amendment:
  • For more information:

The Traditional Leadership and Governance Framework Act (Act 41 of 2003)

  • This Act defined traditional communities as those who are subject to traditional leadership and observe customary law. It required that 40 percent of traditional councils be democratically elected, and that a third of all members must be women.

3RD PARLIAMENT 2004 – 2009

The Civil Union Act (Act 17 of 2006). 

  • Provides for females in same-sex relationships to marry and receive the same protections as spouses married in terms of the Marriage Act of 1961.
  • For more information:

The Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007). 

  • This Act expanded the definition of rape and created a number of new crimes in order to cover the extent of violence against women in South Africa. The Act removed the cautionary rule, where rape survivors’ testimony was to be regarded with suspicion, and ensured that rape within marriage is classified as rape. In addition, the act specifies minimum sentences for certain categories of sexual violence, unless substantial and compelling circumstances exist.
  • For more information:

The Reform of Customary Law of Succession and Regulation of Related Matters (Act 11 of 2009). 

  • This law does away with the rule of primogeniture which prevented women from inherited land. It also provides that spouses in polygynous marriages may inherit the equivalent of a child’s share of their husband’s estate.

The Protection from Harassment Act (Act 17 of 2011). 

  • This Act protects women from harassment and provides for them to apply for protection orders in this regard. This Act also applies to online harassment. The Act defines harassment to include direct and indirect conduct, as well as sexual harassment.
  • For more information:

4TH PARLIAMENT 2009 – 2014

The Prevention and Combating of Trafficking in Persons Act (Act 7 of 2013)

  • The Act introduces trafficking as an offence and sets up mechanisms to offer support to victims of trafficking. It also establishes harsh sentences for those involved in trafficking in persons.

In addition, the Women’s Empowerment and Gender Equality Bill was introduced, however, this Bill has not yet been signed in to law.

5TH PARLIAMENT 2014 –

Maintenance Amendment Bill

  • The Maintenance Amendment Bill seeks to address challenges with maintenance applications, to regulate the transfer of maintenance orders, and to address the issue of maintenance defaulters