The Affirmative Action (Employment) Act, Act No. 29 of 1998, requires
Government to take positive steps to promote women’s equality and aims to
achieve equal opportunity in employment in accordance with the provisions of
the Constitution.
The Married Persons Equality Act, Act No. 1 of 1996, abolished marital
power, which previously gave husbands in civil marriages all the decisionmaking powers. Men and women to a marriage shall be entitled to equal
rights as to marriage, during marriage and at its dissolution.
The Traditional Authorities Act, Act No. 25 of 2000, places a duty on
traditional authorities to promote equality between men and women,
particularly by promoting women to positions of leadership.
The Local Authorities Act, Act No. 6 of 1992, as amended, contains an
affirmative action provision which requires that all political parties
participating in the local authority elections must include a specified number
of women candidates on their lists of candidates, depending on the size of the
council. For example; three women for a council of 10, and five women for a
larger council.
The Combating of Rape Act, Act No. 8 of 2000, provides for a broad
definition of rape, which criminalizes instances where women are subjected to
harmful cultural or traditional practices in the context of rape.
The Communal Land Reform Act, Act No. 5 of 2002, governs the allocation
of communal land, and provides for the equal rights of women to apply for
land rights in communal areas. It further secures the rights of widows to
inherit the communal land allocated to their late husbands, even if they
remarry. It further provides that women must be represented on the
communal land boards to monitor the implementation of the Act.
The Combating of Domestic Violence Act, Act No. 4 of 2003, contains an
extensive definition of domestic violence, to include physical, sexual,
economic, verbal, emotional and psychological violence, intimidation and
harassment. It further provides for the issuing of protection orders and police
warnings in domestic violence matters. It also has provisions which should
give added protection to complainants that lay criminal charges against their
abusers. The Act gives police specific duties in domestic violence incidents,
including the duty to help complainants get access to medical treatment and
collect their personal belongings.
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