On Tuesday, 6 August 2024, the Socio-Economic Rights Institute of South Africa launched a report entitled A Gendered Analysis of Family Homes in South Africa. This report interrogates the concept of the family home through a gendered lens. The report finds that women and children, who are often the primary occupants of family homes are disproportionately affected by family home related disputes. Accompanying the reports are a series of fact sheets, which are topic specific summaries of different areas of the larger report.
The report consists of an intersectional analysis of family homes, which often fuse customary beliefs around property with private title. It traces the historical origins of family homes to the permit-based land rights systems used in township areas during the Apartheid era. Notably, the study finds that family home disputes often share similar circumstances, where male relatives leverage both formal property and customary law systems in their favor, gaining access, control, and often ownership of the property. The report also details how courts have approached family home disputes; the lack of understanding of the family home concept and how overlapping legal systems contribute to disadvantaging women from tenure security.
The report suggests a variety of potential interventions that could address the key issues in family home disputes such as recognition of the family home concept, amending procedure for administration of deceased estate and transfer of ownership such as section 18 (3) of the Administration of Deceased Estate Act. The significance of the family home report is to close the gap between the concept of a family home and the legal concept of ownership.
The family home report forms part of the Women’s Spaces project, made possible by Global Affairs Canada.
>> Access the full publication here.