Justice Minister Mmamoloko Kubayi is preparing to introduce the General (Family) Laws Amendment Bill, 2025 in Parliament. This initiative responds to a 2023 Constitutional Court decision and aims to modernise divorce law.
What the Bill Covers
- Amendments to the Divorce Act (1979):
The bill permits courts to redistribute assets in divorces involving couples married out of community of property, including those without accrual, helping those previously left out by the existing framework - Updates to the Matrimonial Property Act (1984):
It empowers courts to enforce asset transfers for marriages contracting before November 1984 or structured deliberately outside accrual. - Changes to the Mediation in Certain Divorce Matters Act (1987):
The bill clarifies the role of the Office of the Family Advocate and makes technical updates, such as title standardisation - Death‑related Asset Distribution:
It enables fair sharing of matrimonial property on a spouse’s death—even in marriages without accrual
Why Now?
In October 2023, the Constitutional Court ruled that certain Divorce Act provisions unfairly disadvantaged those married out of community of property without accrual—granting no rights to shared growth despite contributions. The new legislation would close these gaps, offering protection to those left financially vulnerable.
More Changes on the Way
This bill follows the 2024 Divorce Amendment Act, which for the first time recognized Muslim marriages in the Divorce Act—granting Muslim spouses rights to maintenance, shared patrimony, and protection of dependent children.
Highlights of that reform include:
- A formal legal definition of Muslim marriage
- Protection mechanisms for minor and dependent children
- Enabling asset redistribution upon divorce
- Extending patrimonial benefit forfeiture provisions to Muslim marriages
What’s Next
Minister Kubayi will table the bill in the National Assembly soon. It will undergo public consultations, committee review, and eventually, a parliamentary vote. If passed, these reforms would be enacted within the next 12 months, significantly strengthening fairness in divorce and inheritance matters.