The discrimination against black women’s marriages stretches back to 1927 when the Black Administration Act was legislated. Section 22(6) stated that these unions would be out of community of property unless they provided reasons they should not be.
After decades of marriage, four children and toiling on a farm to build her husband into a businessman, Tshinakaho Netshituka was left with no rights over his property or assets when he died.Her nephew, Maanda Alfred Netshituka, speaks of his memories of his aunt. “Theirs was a traditional love story which followed the Tshivenda saying, ‘Vhazwala vha ya zwalana’, loosely translated to ‘cousins birth each other’,” Maanda said.
For more than a decade, four women fought against the inequality forced upon their marital unions. Tshinakaho’s daughter, Matodzi Ramuhovhi, has been part of the fight to give her mother’s marriage its rightful status. But the new law was also unconstitutional in that the laws governing marriages entered into before the amendments remained in place.
He received a pension from his former employer and Elizabeth was on an older person’s grant and received occasional financial support from her children. The latest case was that of 73-year-old Agnes Sithole whose marriage that was still governed by the Black Administration Act. According to the heads of arguments filed by the LRC, Sithole and her husband married on 16 December 1972.
According to the LRC’s papers: “He engaged in extra-marital affairs and threatened to sell the family home without her consent. In 2018 she brought proceedings in the Pinetown magistrate’s court for a domestic violence interdict.
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