DƆNÙESÈ Data Center / Women’s Rights Laws by Country / South Africa
Southern Africa · Country law profile
South Africa: women’s rights and civic space laws
South Africa’s 1996 Constitution prohibits discrimination on a long list of grounds including gender, sex, pregnancy, marital status and sexual orientation, and protects the right to make decisions about reproduction. Abortion is available on request in the first trimester under the Choice on Termination of Pregnancy Act 92 of 1996, and same-sex marriage has been legal since the Civil Union Act 17 of 2006. Women held 45.1% of National Assembly seats in August 2026, achieved through a voluntary party quota without a legislated quota. The African Commission has urged South Africa to lift its reservations to the Maputo Protocol, domesticate it, and set 18 as the minimum marriage age without exceptions.
At a glance
| Capital | Pretoria (executive), Cape Town (legislative), Bloemfontein (judicial) |
|---|---|
| Legal system | Mixed system combining Roman-Dutch law and English common law, under a supreme Constitution with a Constitutional Court |
| Official languages | 12 official languages: Afrikaans, English, Ndebele, Sepedi, Sesotho, Setswana, South African Sign Language, Swazi (siSwati), Tshivenda, Xhosa, Xitsonga and Zulu |
Key indicators
45.1% (179 of 397)Women in National Assembly (2026)
38.9% (21 of 54)Women in National Council of Provinces, permanent seats (2026)
76.35World Bank WBL 2026 legal frameworks score (2026)
62.00World Bank WBL 2026 supportive frameworks score (2026)
61.19World Bank WBL 2026 enforcement perceptions score (2026)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 16 Mar 2004 / ratified 17 Dec 2004 / deposited 14 Jan 2005 | Reservations to Articles 4(2)(j), 6(d) and 6(h); interpretive declarations on Articles 1(f) and 31 (ACHPR Advocacy Framework, 2026) |
| CEDAW | signed 29 Jan 1993 / ratified 15 Dec 1995 | |
| CEDAW Optional Protocol | accession 18 Oct 2005 | |
| African Charter on the Rights and Welfare of the Child | signed 10 Oct 1997 / ratified 7 Jan 2000 / deposited 21 Jan 2000 | |
| ILO C190 Violence and Harassment Convention | ratified 29 Nov 2021 | |
| ICCPR | signed 3 Oct 1994 / ratified 10 Dec 1998 | |
| Kampala Convention | Not signed or ratified (AU status list updated 8 Jul 2024) | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | signed 16 Feb 2023 / not ratified (AU status list updated 2 Feb 2026) | |
| Budapest Convention on Cybercrime | signed 23 Nov 2001 / not ratified; observer State in the Cybercrime Convention Committee |
Constitution
| Constitution | Constitution of the Republic of South Africa, 1996 (adopted 18 December 1996, in force 4 February 1997) |
|---|---|
| Equality guarantees | Section 9 (equality): equality before the law and prohibition of unfair discrimination on grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Section 12(2)(a) protects the right to make decisions concerning reproduction; section 27(1)(a) guarantees access to reproductive health care. |
| Quotas or parity | No legislated electoral quota; a voluntary party quota of not less than 50% women applies in the ANC Constitution (Article 6(1)). |
National laws
Rape and sexual offences
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; Criminal Law (Sentencing) Amendment Act 38 of 2007
Act 32 of 2007 expands the definition of rape and provides protections for children; Act 38 of 2007 regulates minimum sentences for serious offences including rape.
Source: maputoprotocol.up.ac.za, soawr.org
Child marriage and age of marriage
Marriage Act 25 of 1961; Recognition of Customary Marriages Act 120 of 1998; Civil Union Act 17 of 2006
Three separate statutes govern civil, customary and civil union marriages. A proposed harmonised marriage law (2019) would consolidate them and address marriage under 18.
Source: maputoprotocol.up.ac.za, soawr.org
Family and personal status
Recognition of Customary Marriages Act 120 of 1998; Civil Union Act 17 of 2006; Marriage Act 25 of 1961
Customary marriages and civil unions (including same-sex unions) are legally recognised alongside civil marriage.
Source: soawr.org
Abortion and sexual and reproductive health
Choice on Termination of Pregnancy Act 92 of 1996, amended in 2008
Abortion on request up to 12 weeks; from 13 to 20 weeks on grounds including risk to physical or mental health, severe foetal anomaly, rape or incest, or significant social or economic impact; after 20 weeks where the woman’s life is endangered or there is serious foetal malformation.
Source: maputoprotocol.up.ac.za
Political participation and quotas
No legislated quota; voluntary party quota
Women held 45.1% of National Assembly seats in August 2026.
Gaps: The ACHPR (2016) recommended laws and policies to increase women’s representation in decision-making and in the judiciary.
Source: data.ipu.org, maputoprotocol.up.ac.za
Labour and maternity
Employment Equity Act 55 of 1998, amended in 2013
Prohibits unfair discrimination in employment, including on grounds of sexual orientation, and requires affirmative action measures.
Access to justice and legal aid
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Gives effect to section 9 of the Constitution, extends anti-discrimination protection to services and public accommodation, and establishes Equality Courts.
Source: maputoprotocol.up.ac.za
Trafficking
Prevention and Combating of Trafficking in Persons Act 7 of 2013
Criminalises human trafficking and provides for victim protection.
Source: maputoprotocol.up.ac.za
Vulnerable Groups
Not criminalised; Civil Union Act 17 of 2006; Prevention and Combating of Hate Crimes and Hate Speech Act (signed May 2024)
Same-sex relations are legal since the Constitutional Court struck down sodomy offences in 1998, sexual orientation is a protected ground under section 9(3), same-sex marriage is legal since 2006, and the 2024 law addresses crimes motivated by prejudice.
Gaps: The ACHPR (2016) had urged hate crimes legislation to address so-called corrective rape; implementation of the 2024 Act should be monitored.
Source: maputoprotocol.up.ac.za
Gender-based and domestic violence
Domestic Violence Act 116 of 1998, as amended by the Domestic Violence Amendment Act 14 of 2021
Provides protection orders for victims of domestic abuse. The 2021 amendment widens the definition to include elder abuse and spiritual abuse. It also adds coercive or controlling behaviour. It allows online applications for protection orders and places duties on health and social development services.
Source: static.pmg.org.za
Gender-based and domestic violence
National Council on Gender-Based Violence and Femicide Act 9 of 2024
Creates a statutory national council to lead and coordinate the prevention of and response to gender-based violence and femicide.
Source: static.pmg.org.za
Sexual harassment
Protection from Harassment Act 17 of 2011
Allows any person subjected to harassment, including sexual harassment, to obtain a protection order against the harasser.
Source: static.pmg.org.za
Female genital mutilation
Children’s Act 38 of 2005, section 12(3)
Prohibits genital mutilation or circumcision of female children.
Gaps: The prohibition covers children only; there is no stand-alone FGM law covering adult women.
Source: justice.gov.za
Child marriage and age of marriage
Children’s Act 38 of 2005, section 12(1) and 12(2)(a)
Protects every child from social and cultural practices detrimental to their well-being. The same protection covers religious practices. It prohibits giving out a child in marriage below the minimum legal age. Courts have held that ukuthwala involving a child can amount to trafficking and statutory rape.
Source: derebus.org.za
Harmful practices
Children’s Act 38 of 2005, section 12(4) to 12(7) (virginity testing)
Bans virginity testing of children under 16. For older children it requires consent and counselling. A prescribed procedure must also be followed. Results may not be disclosed without consent, and the child’s body may not be marked.
Source: justice.gov.za
Inheritance and succession
Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009
Replaces the customary rule of male primogeniture so that estates of people living under customary law devolve under the Intestate Succession Act, giving widows and daughters inheritance rights.
Source: saflii.org
Family and personal status
Maintenance Act, 1998
Provides for the effective recovery of maintenance payments, which mainly benefits women and children.
Gaps: Muslim marriages remain without full statutory recognition, which courts found discriminatory against women.
Source: static.pmg.org.za
Labour and maternity
Basic Conditions of Employment Act 75 of 1997
Grants four months of maternity leave (section 25) and protects pregnant workers from hazardous work. It also provides paternity leave (section 27).
Source: worldpolicycenter.org
Social protection
Social Assistance Act 13 of 2004
Governs social grants including the older persons grant. After litigation the qualifying age was equalised at 60 for women and men.
Source: ohchr.org
Older persons
Older Persons Act 13 of 2006
Sets a framework for the rights and care of older persons, including protection from elder abuse and community-based care. It also sets standards for residential facilities.
Gaps: It defines older persons differently by sex (women from 60, men from 65).
Source: ohchr.org
Access to justice and legal aid
Legal Aid South Africa Act 39 of 2014
Establishes Legal Aid South Africa to provide state-funded legal representation and advice to people who cannot afford it.
Source: saflii.org
Online violence and cybercrime
Cybercrimes Act 19 of 2020, section 16
Criminalises the distribution of a data message containing an intimate image without consent, along with other cyber offences.
Source: scielo.org.za
Data protection
Protection of Personal Information Act 4 of 2013 (POPIA)
Regulates the processing of personal information and sets conditions for lawful processing, with an independent Information Regulator.
Source: scielo.org.za
Girls’ education
South African Schools Act 84 of 1996 and Policy on the Prevention and Management of Learner Pregnancy in Schools (2021)
The Schools Act governs school attendance. The 2021 policy aims to keep pregnant learners in school as long as possible and to prevent unfair discrimination against them.
Gaps: The learner pregnancy rules are in a policy, which the Basic Education Laws Amendment process sought to give a legal basis.
Source: education.gov.za
Vulnerable Groups
Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023
Criminalises hate crimes and hate speech and provides for prevention and victim support, which covers attacks based on sexual orientation.
Source: static.pmg.org.za
Women and girls with disabilities
No general disability rights law
Disability is covered in other laws such as the Employment Equity Act. The UN CRPD Committee asked for accessibility and anti-discrimination laws.
Gaps: No general law on the rights of persons with disabilities.
Source: digitallibrary.un.org
Recent developments
- May 2024. General election; women won 45% of National Assembly seats, and a woman was elected Speaker on 14 June 2024.
- 16 February 2023. South Africa signed the AU Malabo Convention.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Lift all reservations to the Maputo Protocol and domesticate the Protocol in national law (ACHPR concluding observations, 2016).
- Harmonise marriage laws to set 18 as the minimum age of marriage without exceptions, and enforce the prohibition of ukuthwala (ACHPR 2016; SOAWR).
- Secure equal marital property rights for women in customary marriages concluded before 1998 (SOAWR).
- Implement the 2024 hate crimes law to address violence against lesbian, bisexual and transgender women (ACHPR 2016).
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: land and property, nationality, human rights defenders. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 9 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 17/12/2004 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 09/07/1996 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 07/01/2000 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Ratified 03/07/2002 | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Ratified 24/12/2010 | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Ratified 01/02/2023 | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Ratified 28/05/2009 | 19/09/2023 |
| OAU Refugee Convention | Ratified 15/12/1995 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 11/11/2005 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Signed 2023, not ratified | 02/02/2026 |
Other AU treaties (16)
Sources (26)
- data.ipu.org · women ranking
- documents1.worldbank.org · P179153 156eebab c7a8 46ea aefa ab7ca80708a0
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- maputoprotocol.up.ac.za · SA Concluding Observations and Recommendations 1
- caselaw.ihrda.org · t8el0moa2rn9b9af2mnkrcnmi
- tbinternet.ohchr.org · Treaty
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- coe.int · parties observers
- data.ipu.org · data on women
- maputoprotocol.up.ac.za · South Africa. 2nd Periodic Report
- soawr.org · south africa
- maputoprotocol.up.ac.za · south africa
- achpr.au.int · lifting reservations maputo protocol eng
- static.pmg.org.za · South Africa 6th periodic report to CEDAW 2026
- justice.gov.za · Children’s Act 38 of 2005
- derebus.org.za · De Rebus: child marriage and ukuthwala
- saflii.org · SAFLII: Act 11 of 2009
- worldpolicycenter.org · WORLD Policy Analysis Center CEDAW brief South Africa
- ohchr.org · Community Law Centre submission on older persons
- saflii.org · SAFLII: Act 39 of 2014
- scielo.org.za · Cybercrimes Act and POPIA analysis
- education.gov.za · Department of Basic Education: learner pregnancy and the BELA Bill
Other countries in Southern Africa
AngolaCountry law profileBotswanaCountry law profileEswatiniCountry law profileLesothoCountry law profileMalawiCountry law profileMozambiqueCountry law profileNamibiaCountry law profileZambiaCountry law profileZimbabweCountry law profile
Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.
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