Gender equality in spotlight during legal clinic

Gender equality was again highlighted on Friday 8 March during a special legal clinic presented by members of the Commission for gender equality at the old community hall in the Bela-Bela township. On the same day International Women’s day were celebrated.

The main themes of the day’s discussions were estates, successions, customary or civil marriages, divorce, separation and maintenance. This knowledge empowers both men and women.

Dennis Matotoka, legal adviser for the commission, addressed those present saying that customary marriages are not the same as civil marriages.

“You have to know what you are signing for, even though the constitution protects cultural practices,” he said. “It is still illegal to enter into a second marriage if the person is already in a civil marriage. There are also differences between separation and divorce that can have a negative effect on the distribution of the estate, especially for the children, if the legal route was not followed correctly.”

A divorce only becomes legal after a court process was finalized. A process that applies to both civil and customary marriages.

“If a spouse should die, the beneficiary of that person’s estate will be the last registered spouse he or she was married to. Even though a separation had taken place. This is important to know that legally, the spouse that was registered at the department of home affairs will be the beneficiary,” said Mototoka.

In the case of registering a customary marriage at the department, different steps have to be followed in order to register such a marriage.

“It is a myth that if a couple stays together for a period of time that they are considered to be married. Registering a marriage applies to all lifestyles and to all genders,” said Matotoka. “You are entitled to an estate as long as you can present a marriage certificate. But I would encourage everyone, should there be children, that their interests are protected at all times.”

Property being transfered to children younger than 18 that forms part of the marital agreement, especially in the case of being married in community of property with accrual and loss, is not considered a wise choice, according to Matotoka.

“That property still forms part of the original agreement. However, a gift does not form part of the estate and must be specified in estate documents and stipulated in the person’s will.”

Couples who are married outside of community of property enter and leave with the assets that they came in with.

On another discussion point Matotoka said that spousal maintenance is a definite right.

“The spouse’s potential to work is taken into account by the court and that will determine how much maintenance is due to that person,” said Matotoka. “Child maintenance must be paid to children until the age of 18 and their tertiary studies are completed. Maintenance is not only the father’s legal responsibility but also the mother’s.”

He further stressed that avoiding this responsibility can lead to the maintenance amount accumulating interest or end up being in arrears.

“People must realize that the outstanding amount can be deducted from their pension should they fail to comply with the court order after divorce. I recall a case in the Western Cape where an individual forfeited close to R550 000 of his pension due to outstanding child maintenance.”

“Gone are the days of people hiding their children or claiming that the child isn’t theirs from inheriting their share. This can be proved by exhumation or a simple blood test. Thus, the equal share of the estate in the event of death will be distributed to the spouse, then the children, the parents or surviving family, should one of these mentioned have passed away.”

• The Commission for gender equality is a state and human rights, chapter 9 institution.

For more information people can phone them on 0800 007 709 or e-mail them at cgeinfo@cge.org.za(.) Alternatively people can visit their website at www.cge.org.za(.)