Latest news with #DepartmentofJusticeandConstitutionalDevelopment
The South African
9 hours ago
- Business
- The South African
If you're a woman and getting divorced here's GOOD news
South Africa's divorce laws are on the verge of a transformative shift, with the Department of Justice and Constitutional Development introducing a new bill that promises fairer outcomes for thousands of spouses – particularly women – married without accrual. The General (Family) Laws Amendment Bill, 2025, introduced by Justice Minister Mmamoloko Kubayi, aims to overhaul long-standing gaps in South Africa's matrimonial property regime, which have left many financially vulnerable in divorce or death. Currently, couples who married out of community of property and without the accrual system – common in unions after 1984 – have separate estates. In the event of divorce, the law provides no automatic right to share assets, even if one spouse made non-financial contributions, such as raising children or supporting a partner's career. For decades, this meant a spouse could leave a marriage with nothing, regardless of years of unpaid labour and emotional support. While courts could grant limited redistribution orders in some divorce cases, these excluded many marriages, especially older ones, and offered no relief in cases where a marriage ended due to death. The new bill addresses these inequalities head-on. It introduces redistribution rights in divorce proceedings for those previously excluded and, for the first time, allows asset claims when a marriage ends in death. This change follows a 2023 Constitutional Court ruling, which declared the existing system unconstitutional for discriminating against spouses – mostly women – who lacked financial bargaining power when entering marriage contracts. The legislation also proposes amendments to the Mediation in Certain Divorce Matters Act, expanding the role of the Family Advocate to better assist financially dependent spouses during divorce proceedings. This includes: Enhanced mediation support Legal guidance for non-earning spouses Protection for surviving spouses in intestate estates Legal experts say the changes will significantly help: Women married before the accrual system was common Homemakers or caregivers with no income Older South Africans whose marriages never accounted for financial inequality 'These reforms bring long-overdue justice to spouses who sacrificed careers or incomes for their families,' said family law specialist Lindiwe Mokoena. 'It levels the playing field for thousands who were previously sidelined by outdated laws.' The bill is now heading to parliamentary debate and public consultation, expected to take place in the coming months. If passed, it will modernise South Africa's divorce law, making it one of the most progressive in protecting vulnerable partners in the country's democratic history. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The South African
10 hours ago
- Politics
- The South African
South Africa to get TWO new significant laws
South Africa's justice system is on the brink of significant reform as two landmark Bills – one targeting international fugitives and the other revolutionising divorce law – make their way through parliament. The Department of Justice and Constitutional Development, under newly appointed Minister Mmamoloko Kubayi, has introduced legislation aimed at aligning South Africa's legal framework with global standards while addressing domestic inequities in family law. At the heart of the reform is the International Co-operation in Criminal Matters Amendment Bill, which will allow South Africa to fully cooperate with international bodies such as the International Criminal Court (ICC) – a gap previously exposed in high-profile cases involving leaders like Omar al-Bashir and Vladimir Putin. The bill introduces audio-visual testimony from foreign witnesses and experts – modernising a system that, since 1996, has relied solely on in-person procedures. This change is expected to speed up investigations, reduce costs, and enhance accessibility. More significantly, the bill gives South African authorities the legal standing to arrest and extradite individuals at the request of international bodies, not just sovereign states. This closes a critical loophole that previously left the country in murky legal waters during global diplomatic stand-offs. Parallel to the international law changes, the General (Family) Laws Amendment Bill, 2025 aims to correct decades of inequality for South Africans – particularly women – trapped in unfair matrimonial regimes. The proposed legislation will allow for a fair redistribution of assets in divorces where couples were married out of community of property and without the accrual system introduced in 1984. It will also allow for redistribution claims when a spouse dies – an option previously unavailable under the law. These changes follow a 2023 Constitutional Court ruling that found the existing marriage laws to be unconstitutional, citing unfair economic consequences for non-working or caregiving spouses. The bill will further amend the Mediation in Certain Divorce Matters Act, expanding the role of the Family Advocate to better protect financially vulnerable individuals during divorce proceedings. This marks a move toward holistic family support, especially in cases involving older women who were unaware of the financial risks associated with their marriage contracts. Both bills are now on a legislative fast track, although public consultations and parliamentary debate are expected in the coming months. Legal experts have hailed the proposals as long-overdue, noting their potential to enhance justice, accountability, and fairness across the board. 'These changes represent a critical step in modernising our legal system,' said one Johannesburg-based family law attorney. 'We are finally giving voice to those previously sidelined – both in global justice and at home.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The Citizen
3 days ago
- The Citizen
Justice system under fire: Community slams inaction on GBV
Quick read: A heated community dialogue was held at Ngoako Ramahlodi by the Department of Justice and Constitutional Development. Residents say a weak and slow justice system is fuelling crime and gender-based violence (GBV). Social activist Mabotse Mothiba shared a recent case of an elderly woman assaulted by her son — who still walks free. Residents say local teens involved in a fatal incident also faced no legal consequences. Men in attendance said police mocked or dismissed them when reporting abuse by female partners. Police Commissioner Lt Gen Thembi Hadebe urged victims to report abuse consistently. Minister Mamoloko Khubayi-Ngubane acknowledged GBV complaints and pledged to improve accountability. Full story POLOKWANE – A lenient and often unresponsive justice system is fuelling crime and gender-based violence (GBV) in South Africa. That was the strong message from residents during a heated community dialogue hosted at Ngoako Ramahlodi by the Department of Justice and Constitutional Development on Thursday. Community members, including social activist and Westenburg CPF member Mabotse Mothiba, shared first-hand accounts of frustration, fear and injustice, blaming local law enforcement for failing to act swiftly on serious GBV cases. Minister Mamoloko Khubayi-Ngubane led the dialogue, which formed part of Mandela Month efforts to engage communities and strengthen justice systems across the country. Mothiba recounted a recent incident involving an elderly woman who was assaulted by her adult son. 'I found her lying in the street late at night. 'The next day, I went to her house and the son just laughed at me. He's still walking free. Nothing has been done,' she said. Her experience, she added, highlighted how law enforcement's inaction emboldens abusers and discourages whistleblowers. Other residents echoed these sentiments. 'One pointed out a case where local teens caused a death but were neither charged nor cautioned. 'These kids are still roaming the streets like nothing happened. It sends a dangerous message,' a resident said. The dialogue also shone a light on the gendered stigma surrounding GBV. Several men in attendance revealed how they were ridiculed or dismissed by police officers when attempting to report abuse from their female partners. 'We are mocked and not taken seriously because we don't fit the stereotype of a victim,' one man said. Law enforcement representatives in attendance, including provincial police commissioner Lt Gen Thembi Hadebe, acknowledged these concerns but urged victims to report abuse consistently. 'When victims remain silent, it weakens our efforts to bring justice and hold perpetrators accountable,' one official said. The minister admitted the department had received multiple distress calls from the region, flagging a rise in GBV-related incidents. 'That's why we're here, to listen and to find practical solutions,' Khubayi-Ngubane said, adding that the dialogue aimed to help restore faith in the justice system and address the urgent need for reform. She also committed to ensuring follow-ups and accountability, noting that no South African should feel unsafe or unheard when seeking justice. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
IOL News
6 days ago
- IOL News
SAPS reports over 170 arrests in the battle against gender-based violence
The South African Police Service's 90-day blitz campaign sees over 170 arrests in the fight against gender-based violence and femicide (GBVF). Image: File The South African Police Service (SAPS) said the 90-day blitz to combat gender-based violence and femicide (GBVF) has yielded more success with the arrest of more than 170 suspects connected to rape cases across the country. According to reports, the campaign was launched in April by the Department of Justice and Constitutional Development to fight the GBVF scourge plaguing South Africa. SAPS spokesperson Lieutenant Colonel Vincent Mukhathi said police are continuing to accelerate their response to combat and prevent GBVF through intensified nationwide operations across the country. Mukhathi said between June 30 and July 6, 2025, police operations led to the arrest of 99 rape suspects. Gauteng accounted for the highest number of arrests, with 26. 'In addition, police arrested 73 wanted rape suspects as well as 16 individuals tracked down for sexual offences in various provinces,' he said. The SAPS is also focusing on community mobilisation, enhancing better response, and strengthening collaboration with other government departments and community-based organisations in the fight against GBVF in the country, he noted. This week, Mukhathi said police effected key arrests for perpetrators of GBVF. He said on July 6, 2025, police in Limpopo arrested a 29-year-old man for the alleged murder of his 33-year-old girlfriend at Nailana village. 'He allegedly assaulted his girlfriend to death with sticks. He appeared before the Senwabarwana Magistrate's Court on July 8, 2025, facing murder charges,' he said. In Kaapmuiden, Mpumalanga, 37-year-old Sanele Fakudze, an Eswatini national, was apprehended in connection with the murder of a 4-year-old girl and her 28-year-old mother. According to Mukhathi, the victims were discovered unconscious next to the road. Mukhathi added that on July 8, 2025, a 40-year-old man was apprehended for the alleged rape of his 39-year-old ex-girlfriend in Thohoyandou on June 16, 2025. He appeared in the Thohoyandou Magistrate's Court on July 9, 2025, facing rape charges. 'These arrests form part of the SAPS's intensified 90-day blitz to combat and prevent gender-based violence and femicide (GBVF) across the country,' he emphasised. Moreover, Mukhathi said the Family Violence, Child Protection and Sexual Offences (FCS) members successfully secured the following notable convictions during this period. He said between May and June 2025, detectives from the Gauteng Family Violence, Child Protection, and Sexual Offences Unit secured 21 life sentences and an additional 1,420 years' imprisonment for 40 accused individuals for crimes committed against women and children in the province. A 22-year-old in KwaZulu-Natal received a life sentence after being convicted of repeatedly raping an 11-year-old girl in Mdantsane in August 2020. In the Northern Cape, the Calvinia Regional Court sentenced a 40-year-old accused to life imprisonment after being found guilty of raping three siblings aged between 4 and 11 years in October 2022. Samuel Boomfire Mbuyane, a 42-year-old hip-hop artist, received three life sentences from the Burgersfort Regional Court in Limpopo on July 4, 2025. This conviction was for three counts of rape, committed in November 2020, involving a 9-year-old boy in Driekop village. In another case, Mosala Benito Ellester, 22, was sentenced to life imprisonment for the rape of a 64-year-old woman in Phelindaba, Bloemfontein, in December 2023. 'Police will continue to conduct their targeted operations to address criminal activities, including GBVF, and ensure the safety and security of communities, especially women, children, and vulnerable groups,' stated Mukhathi. [email protected]
The Citizen
17-06-2025
- The Citizen
Justice department tackles youth crime in Eldorado Park
To commemorate Youth Month, the Department of Justice and Constitutional Development held a community outreach at Eldocrest Primary School, engaging residents on issues affecting vulnerable children and youth in conflict with the law, on June 14. The event drew community members, traditional leaders from various clans, parents and learners from local schools, providing a platform for them to voice their challenges. Eldorado Park grapples with serious socio-economic issues such as unemployment, drug-related violence, and underdevelopment, which contribute to substance abuse and increase the risk of youth involvement in crime. ALSO READ: Local Expo closes Youth Month in style The outreach aimed to address these root causes, including adverse childhood experiences, through integrated justice and community-based interventions to break cycles of vulnerability and harmful behaviour. This initiative to protect vulnerable children and address the social issues that lead youth to offend reflects the department's commitment to creating safer, more inclusive communities. MEC for Social Development Faith Mazibuko thanked the NPOs for working to remind children crime does not pay. 'A 100-day plan was outlined to focus on challenges facing children here. The establishment of this task team will make a difference, especially since the community is tired of empty promises.' ALSO READ: Gauteng officers take part in Youth Month safety programme Glisson Niekerk of Metro World Kids, an NPO teaching children aged three to 13, said, 'It's better to build children from a young age than to repair them later. 'I'm encouraged that by speaking collectively, we're finding solutions and amplifying the child's voice. I hope the 100-day plan outlined by the MEC brings positive results.' At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
