Swaziland

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When Makhosazane Eunice Sacolo, a Swazi woman, was left by her husband, she was unable to sell any of the livestock that they owned, even those that she had purchased with her own money. Under eSwatini’s common law of marital power, that property was registered in her husband’s name. This common law doctrine, as well as the Marriage Act of 1964, also prohibited married women from concluding contracts without her husband’s permission.

Swaziland High Court advances women's property rights

Nombuyiselo Sihlongonyane and Mholi Joseph were married under civil rites and in community of property.[1] In January 2013, on the basis of her husband’s infidelity and mismanagement of their estate, Sihlongonyane applied to the High Court of Swaziland (High Court) to have her husband removed as the administrator of their joint property.

Swaziland Supreme Court advances women's property rights

Mary-Joyce Doo Aphane, a woman’s rights activist, commenced legal proceedings in the High Court of Swaziland (High Court) against the Registrar of Deeds, the Minister of Justice and Constitutional Affairs, and the Attorney General, arguing that Section 16(3) of the Deeds Registry Act, 1968 (Act) violated her constitutional right to equality because it forbids women married in community of property[1] to register immov