the k word

Scales of Justice background – legal law concepts

Little-known sexist apartheid law declared ‘unconstitutional’ by judge

The legislation limits women from legally claiming property deeds in their names

the k word

Scales of Justice background – legal law concepts

Judge Jody Kollapen ran the rule over an obscure piece of housing legislation from the apartheid era this week, and suspended its implementation for the next 18 months

We’re talking about Section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991. Rolls right off the tongue, doesn’t it? Well, this awkward piece of property law has stubbornly been blocking women from gaining title deeds to their own properties.

The case that lifted the law

Mantshabelle Mary Rahube, 69, brought forward an application to the Pretoria High Court. She was forced into this after her brother claimed ownership of the property under the initial grants of land tenure rights. There is no love lost in this family.

Although, her case was initially rejected by the minister of rural development and land reform. However, Rahube was in no mood to give up her home of 37 years.

Lawyers for Human Rights (LHR) took her cause to Gauteng’s highest authority. They cited the Land Tenure Rights Act clear gender discrimination. The property rights of women – particularly in townships – were placed in the custody of men.

Read: Malema being charged using an old apartheid law from 1956

Acknowledging that this meant women could not obtain deeds of grant or certificates in their own names, Judge Kollapen declared the proclamation as being ‘characterised by sexist language’. He then suspended the law.

Lawyers for Human Rights react to the decision

“LHR argued that the current manner in which the various forms of tenure are being upgraded and converted into ownership makes no provisions. Neither for the investigation or inquiry into whom the actual occupants of the house are.”

“This process continues to enforce the effects of gender discriminatory apartheid legislation and, therefore, denies the women an opportunity to make representations concerning their rights to property.”

What does the verdict mean?

However, the ruling wasn’t just a personal victory for Rahube. With the legislation lifted, women with rights to property ownership obtained before 1991 can now live safely in the knowledge that the law will support them in similar situations.

One thing still remains set in stone, though. You really can’t chose your family.