Gender Equality in South Africa

South_Africa
Flag of South_Africa
Population (in Mil.)	44,2
Sex Ratio (m/f)	0,95
Life Expectancy Ratio (f/m)	1,05
Fertility Rate	2.8
Income Ratio (f/m)	0,45
Literacy Ratio (f/m)	0,96
Tertiary Enrolment Ratio (f/m)	1,17
Women in Parliament (in %)	32,8
SIGI Rank	49
Source: GID Data Base (2008) More information on variables
Did you know that South_Africa ranks number 49 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in South_Africa" at genderindex.org:

South Africa is a unique case in sub-Saharan Africa: it is the only country in which a significant proportion of the population (22%) is not of African origin. Half of this non-African community is Caucasian; the other half is Indian or of mixed descent.

The analysis that follows refers only to African women. In general, white women living in South Africa have equal rights with men, comparable to the situation in the United Kingdom. The end of Apartheid (in 1993) and the African majority’s rise to power have led to the introduction of legislation that supports African women. Yet to date, civil law is often ineffective in replacing the prevailing customary law, particularly in rural areas.

Family Code

The rights of South African women within the family depend on the type of marriage contract into which they entered. There are three kinds of marriage: civil marriage, with or without a joint property agreement; customary marriage, under which women are perpetual minors; and religious marriage, which may be Christian, Jewish or Muslim. Only civil and religious marriages are recognised by the state.

The legal minimum age for marriage in South Africa is 15 years for women and 18 years for men, and marriage requires the consent of both spouses. Early marriage does occur, but only in certain ethnic groups. A 2004 United Nations report estimated that 3% of girls between 15 and 19 years of age were married, divorced or widowed. Arranged marriage is illegal, but still exists within certain religious groups. Customary marriage obliges a widow, following the death of her husband, to marry another man from his family.

Polygamy is prohibited in civil marriages. Although it is permitted under customary law, it is rarely practised within customary marriages.

Under South African civil law, parental authority is shared by the mother and father. African women married under customary law, however, are seen as perpetual minors and have no authority in the family. Patriarchal traditions that require women to submit to men, who are the heads of families, are deeply rooted in South African society in both urban and rural areas. Even in educated households, the practice of husbands paying a dowry (“lobola”) reinforces the inferior status of women: they are seen as the property of their husbands and their husbands’ families. (The province of Kwazulu -Natal, in the northeast is an exception to these generalities). A law passed in 1993 stipulates that divorced parents have joint custody of their children, thereby abolishing the previous law that granted custody rights only to fathers. However, it is often the case that women are not granted custody because they lack sufficient resources to provide for their children.

Inheritance rights of women in South Africa also vary. In civil marriages, women either inherit half of the household property (under the community of property system) or keep their own property (separation of property). Customary marriage deprives widows of any inheritance: the property of the deceased reverts to his family. Widows and daughters can, however, inherit property bequeathed through a will, with the exception of immoveable property or livestock. Such property is managed by the son of the deceased or another man in the family.

Physical Integrity

The physical integrity of women is not adequately protected in South Africa. Despite concerted government action, violence against women persists. South African law makes provision for protection of victims of domestic violence, and tasks the police with providing this protection. The law also gives the police authority to arrest perpetrators, even without a warrant. Offenders face prison sentences of up to five years. The legislation is rarely applied in practice because of deeply rooted societal norms, a lack of resources, and the attitudes of doctors, police and judges. The government has financed shelters for women who are victims of assault, and has organised training for police working in this area.

Rape is a very serious problem in South Africa. According to Amnesty International, rape affects 120 per 100 000 inhabitants, the highest recorded incidence in the world; yet other estimates suggest that even this figure represents only one-third of actual cases. The law prohibits both rape and spousal rape. The impact of the legislation, however, is relatively low because judges often impose only light sentences – sometimes using the victim's behaviour or her relationship with the rapist as a pretext. The climate of insecurity in South Africa makes it all the more difficult to protect women from rape. Sexual harassment is prohibited by law, but remains very common.

Female genital mutilation is not a common practice in South Africa, except in some rural areas in the Cape region and in Kwazulu-Natal . Even in these regions, it is not systematic.

There is no evidence to indicate that South Africa is a country of concern in relation to missing women.

Civil Liberties

Since Apartheid was abolished, all citizens of South Africa have been granted equal rights as regards freedom of movement, including choice of residence. Tradition can sometimes limit these rights: under customary law husbands can, for example, prevent their wives from working outside the family home. There do not appear to be any restrictions on South African women’s freedom of dress.

Ownership Rights

In theory, South African women now have the same ownership rights as men, but numerous examples of discrimination are evident. The situation varies, depending on the region and the influence of tradition, but overall women's access to land is very limited. Under the customary system, only men can exercise land ownership rights; women have access to land only through their husbands and single women are excluded because land is reserved for couples. When a man dies, his widow can retain the usufruct on his land only if they had a son, under whose name the land can then be registered. In Kwazulu- Natal, women have no land ownership rights; in the north-west region, some village chiefs allow women access to land.

It appears that women in urban areas have greater access to property other than land than their counterparts in rural communities. Since 1993, South African women have been entitled to the same legal ownership rights as men and the law guarantees them equality in the purchase, sale and management of property. Previously, they had to obtain permission from their husbands to enter into contracts. In rural areas, it is reported that husbands continue to take decisions about buying or selling property.

Since the end of Apartheid, numerous financial institutions have been established to help Africans obtain access to bank loans, primarily to set up or develop small businesses. Some financial institutions specifically target women, but these initiatives have rarely been successful for various reasons: rural areas have been overlooked; the procedures are too bureaucratic; women sometimes need their husbands’ consent to obtain financing; and some institutions require security, which is difficult for women to provide. In effect, these factors create a form of discrimination against women; as a result, women feel their only option is to borrow from friends or family or, in some regions, to participate in mutual credit associations such as tontines.

Sources

• BRIDGE (1998). Country gender profile : South Africa. IDS, Brighton.
• CEDAW (1998). Consideration of reports submitted by States under article 18 of the Convention on the elimination of all forms of discrimination against women. South Africa. Cedaw/c/zaf/1.
• CIDA (2001). Gender profile: South Africa. Ottawa.
• US Department of States(2006). South Africa. Country reports on human rights practices.