The Department of Justice and Constitutional Development (DOJCD) is about to table two new pieces of legislation that could significantly alter the country’s legal practices. The two landmark Bills – one focused on targeting international fugitives and the other revolutionizing divorce law – make their way through parliament. Newly appointed minister Mmamoloko Kubayi has introduced legislation aimed at aligning South Africa’s legal framework with international standards while addressing inequities in family law.
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.
The passing of this new legislation is essential to creating equality between men and women in terms of allowing women to receive their just shares from the property in terms of divorce from or the death of a spouse. The previous legislation of 1984 Apartheid era did not allow spouses – women in particular – married out of community of property to inherit shares in their husbands’ wealth. The new amendments change all that. Women who sue their husbands for divorce for any reason can be entitled to a share of their spouse’s wealth or property. This is especially true if the wife had a part in contributing to that part of the husband’s wealth. This law will be a huge boon not just to vulnerable spouses but also to their children in terms of having a stable upbringing.
The protection being granted to spouses and their children who have suffered the risk of a broken home is two-fold. They will be able to receive the portion of their ex-spouse’s wealth and property and invest in their children’s future.
The second piece of legislation put forward by the DOJCD is the International Co-Operation in Criminal Matters Amendment Bill. It is expected to pass through Parliament.
The department noted that the International Co-operation in Criminal Matters Act of 1996 does not allow for giving evidence through an audio-visual link. This form of communication is now possible as a result of technological developments. The department said that giving evidence in this way could substantially limit State expenditure in the future. The Bill thus amends the Act to allow for the giving of evidence using an audio-visual link. It also facilitates the provision of evidence to entities such as the International Criminal Tribunals or the International Criminal Court (ICC). This ensures that South Africa complies with its international obligations. However, the Act does not explicitly allow for the rendering of legal assistance by the country to entities, but only to States.
The new amendments to the International Co-operation in Criminal Matters Act of 1996 were long overdue in 2025. By giving evidence in court through an audio-visual link, the defendant’s identity is protected. This is essential especially in the cases of abuse. Technology has certainly changed the way legal practices are carried out. Legal costs could certainly be curbed by the inclusion of audio-visuals. This would also be appropriate for witnesses whose lives could be at risk for giving their accounts of a crime as evidence. The reason for the introduction of technology progress is to improve efficiency in the court room. The section of the new law concerning the provision of evidence to the International Criminals Tribunal or the ICC is an improved form of progress. This would ensure cooperation between Pretoria and the Hague over crimes of genocide and other crimes against humanity.
South Africa is on a legal and diplomatic tight rope with the passing of the ICCM Act. When passed it will explain in simple language the complex legalities that bound the current and future administrations to obey the international treaties it has signed.
- Pretoria is now bound by the Constitutional Court to hand over those indicted for the crimes indicated above to the International Court of Justice (ICJ) and the ICC in the Hague, the Netherlands.
- This is in contrast to previous legislation (Extradition Act 1962) that only obligates the Department of Home Affairs to hand over the fugitives to their home countries. This did not include international legal institutions.
- Full cooperation between the ICJ and the ICC and South African legal services in the investigation and extradition of said fugitives including foreign heads of state.
The new laws will reshape and improve the country’s legal practices.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
