Women and Property: From Denial to Majority

South Africans unite each year on the 9th of August (National Women’s Day) to commemorate the 1956 Women’s March to the Union Buildings, Pretoria. This was a monumental occasion as it symbolised women's efforts in the fight for freedom and equality against the Pass Laws implemented under the apartheid government regime.

These Pass Laws were imposed to restrict the movement of black South Africans and limit their ability to live and work in white urban areas by requiring them to carry passbooks containing their personal information and employment details. Today, we celebrate National Women’s Day with admiration for their courage and continued fight for progress toward women's empowerment.

Historical Exclusion from Property Ownership

Under previous South African common and customary laws, women were excluded from owning land and property. This was due to discriminatory laws, unfair land distribution, as well as patriarchal customs and social practices.

• Before the Matrimonial Property Act of 1984: Husbands managed the joint estate and had marital power over their wives, while their wives had limited legal capacity.

• The Black Administration Act 38 of 1927: Classified black women as legal dependents of male guardians, forcing women to rely on their husbands or male relatives for land and housing access.

The effect of these discriminatory laws against women is not only historical but is also reflected in stories and experiences that persist today.

My own family’s story reflects this – my grandfather was survived by my grandmother and their seven children when he passed away in 1977. The law at that time did not permit my grandmother to legally inherit their family home. Instead, the property was transferred to my 18-year-old uncle.   The law deemed a male teenager as more responsible and eligible to be a property owner than my grandfather’s lawfully wedded wife and a widowed mother of seven.

Correcting the Legacy of Inequality

Despite South Africa’s transition since apartheid into a sovereign and democratic society, the legacy of apartheid laws continued to affect some black South African women in the townships and deprived them of their right to own and manage properties.

A clear example of this is the case of Rahube v Rahube (2018) ZACC 42. In this case, the Constitutional Court confirmed a High Court ruling declaring section 2(1) of the Upgrading of Land Tenure Rights Act unconstitutional. The section automatically converted land tenure rights into ownership of land without allowing other occupants an opportunity to be heard and only made provision for men to hold such rights.

Ms Rahube, who had lived on the property since the 1970s opposed her brother’s eviction attempt in 2009 based on this automatic conversion. The Court held that section 2(1) violated rights to equality, property, and just administrative action, and reinforced historical exclusion rather than protecting insecure land tenure.

Progress Through Law and Reform

• The Constitution of the Republic of South Africa Act 108 of 1996: Protects women’s right to equality and their property rights.

• The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: Prohibits discrimination against women based on gender.

• Article 17 of the International Declaration of Human Rights: states that everyone has a right to own property alone or in association with others.

• Rahube v Rahube: Serves as one of many progressive implementations enacted to address the inequality women face in respect of land ownership.

From Exclusion to Empowerment

The repeal of such discriminatory laws implemented under the apartheid regime transformed the landscape of property ownership for women.

South African women have shifted the paradigm of property ownership. Where they were once legally excluded from owning property and deemed legal dependants of men, women now own the majority of residential properties in South Africa; 60% as of 2025 (both independently and jointly).

This Women’s Month, we celebrate and honour the women who fought and continue to fight for progress in Women’s rights and equality.

Yesterday, women were denied deeds; today, they hold the majority of the keys!

Written by: Caylee van der Bergh
Moderated and approved by: Rohula Kgabu

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