Eswatini's Landmark Ruling On Marital Power

analysis

Democracy Works Foundation celebrates a landmark ruling made by the High Court of eSwatini which enables women to be granted the full right to be a legal person; and are enabled to buy or sell property or land, sign contracts or conduct legal proceedings without the consent of their husbands.

The case challenged the inconsistency of Section 24 and 25 of the Marriage Act, 1964 with Sections 18, 20 and 28 of the Constitution of eSwatini, Act No.1 of 2005, which granted marital power to men while perpetually subduing married women to minority status.

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