How a South African Woman’s Fight for Marital Rights Changed Her Country

On this week’s show, we look at how reforming marital rights could be the biggest first step toward gender equality. We found the idea for this show from the World Bank’s Women, Business, and the Law (WBL) project, which ranks 190 economies every year for how well their policies are for gender equality. According to the WBL, South Africa has made the third-most progress regarding gender equality of any country in the world over the last 50 years, largely due to the women’s movement being interconnected with the fight to end apartheid. During the late 1980s and early ’90s, many reforms passed in South Africa propelled women’s rights, particularly in expanding married women’s ability to sign legally binding contracts, register businesses, and open bank accounts without their husband’s consent.

But decades after apartheid ended, one law remained on the books that continued to plague Black women, particularly ones seeking a divorce. We talk to Agnes Sithole, whose divorce case shook her country’s legal system. We also speak to Sharita Samuel, the lawyer who brought Sithole’s case before the Constitutional Court, South Africa’s highest court.

Special thanks this week to Nisha Arekapudi and Natalia Mazoni Silva Martins from the WBL, who wrote the case study about South Africa’s gender equality gains and spotlighted Sithole’s legal fight. And big thanks to producer Elna Schutz, who flew out from Johannesburg to Durban just to record the interview with Sithole and Samuel.

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