Part 1 - The pre-colonial and Union period

Nokuthela Mdima Dube. Date unknown.Cherif Keita
Early women pioneers

Many early women pioneers broke free of the stereotypical roles imposed on them, forged new identities against the odds and led important struggles against oppression. Their names and stories seldom appear in historical records. To name but a few: Krotoa, later named Eva, was an interpreter of Dutch and Portuguese and became a key participant in the trade industry and a negotiator during the frontier wars. Emma Sandile, also known as Princess Emma, was taken away from her family to be educated as a Victorian woman and became a landowner, the first known black woman to hold a land title in South Africa. Nokuthela Mdima Dube was one of the first black women to qualify as a teacher specialising in Music and Home Economics. She became a key activist and with her husband built the Ohlange Institute in Inanda which established the newspaper Ilanga Lase Natal. She co-authored Amagama Abantu (A Zulu Song Book).
Nokuthela Mdima Dube. Date unknown.Cherif Keita
Charlotte Makgoma Manye on the cover of a postcard created in about 1890. Bishop William Tecumseh Vernon Collection, Kenneth Spencer Research Library, University of Kansas Libraries
1891
Charlotte Maxeke - The first black woman graduate

Charlotte Makgoma Manye (later Maxeke), known affectionately as the mother of black freedom, first entered the public stage when she joined the African Native Choir for a tour to England and North America in 1896. Whilst she was in London, she attended suffragette meetings and heard women like Emmeline Pankhurst speak about the women’s franchise. She was offered a scholarship to study at Wilberforce University in Ohio and studied under the prominent pan-Africanist scholar, WEB Du Bois.

She became the first black South African woman to earn a university degree and assisted many others to study in the USA. On her return to South Africa, she took her first active steps in organised politics when she attended the annual meeting of the SA Native Convention (SANC) or Ingqungqutela in Queenstown. Because women were not invited to become members of the organisation, she was forced to wait outside, causing a great stir.

Charlotte attended the inaugural conference of the South African Native National Conference (SANNC) in 1912. She went on to break many of the stereotypical roles assigned to women at that time and chipped away at the edifice of authoritarianism that was imposed on women. She also spoke to men as well as women about what she was expecting from them:

“We want men to protect the women of their nation, not men who hurt and endanger women when they become aware of their rights.”
-Charlotte Maxeke, in a speech in 1922


"I regard Mrs Maxeke as a pioneer in one of the greatest of human causes, working in extraordinarily difficult circumstances to lead a people, in the face of prejudice, not only against her race but against her sex. I think that what Mrs Maxeke has accomplished should encourage all men, especially those of African descent."
-WEB Du Bois, leading pan-Africanist activist-intellectual praising his former student in a preface of the 1930 book written about her
Charlotte Makgoma Manye on the cover of a postcard created in about 1890. Bishop William Tecumseh Vernon Collection, Kenneth Spencer Research Library, University of Kansas Libraries
Schreiner only admitted to being the author of this book seven years after it was published.
1905
Olive Schreiner - Author and activist

Olive Schreiner, daughter of a missionary, wrote her book, Story of an African Farm, at the age of 21 under the pseudonym Ralph Iron. It explores the injustice of racism and the oppression of women and it became a sensation in England. When she went back there, she became heavily involved with women suffragettes fighting for votes for women, and in particular got close to Sylvia Pankhurst, a socialist feminist. Schreiner’s book, Women and Labour, showing the connection between women’s struggles and workers’ struggles, became one of the bibles of the women’s movement. On her return to South Africa, she was at first dazzled by Cecil John Rhodes, but after the invasion of what became Rhodesia, she wrote the first great denunciation of Rhodes. When the Union of South Africa was created in 1910, she predicted that it would fail because it did not include the native races. Today, Schreiner is remembered as a foremost South African writer, feminist and social theorist.

“It is delightful to be a woman, but every man thanks the Lord devoutly that he isn’t one.”
-Olive Schreiner in The Story of an African Farm

Schreiner only admitted to being the author of this book seven years after it was published.
An early photograph of Hellen ‘Nellie’ James and her husband, Abdullah Abdurahman, possibly taken on their wedding day, c. 1894.
An early photograph of Hellen ‘Nellie’ James and her husband, Abdullah Abdurahman, possibly taken on their wedding day, c.1894. Unknown
1900's
Petitioning against passes

From the early 1900s, the colonial governments required every African male person over 16 to carry a service book listing their employer and place of residence. The Orange Free State was the first territory in South Africa to implement the pass laws for women. In 1905, the Orange River Colony Vigilance Association sent petitions and delegations to every level of authority calling for a repeal of women's pass laws. For a decade, these vigilance associations along with the African Political Organisation (APO) in Cape Town, appealed for the repeal of women’s passes. They were supported by the APO Women’s Guild which was formed under the leadership of Scottish-born Mrs Hellen (‘Nellie’) Abdurahman (née James).

“The Guild’s aim is promoting unity among the Coloured women of British South Africa, and to aid and assist towards the uplifting of the race ... to obtain better and higher education for children, and … to assist and encourage as far as possible the work carried on by the men members of the APO.”
-Extract from a 1910 APO report

An early photograph of Hellen ‘Nellie’ James and her husband, Abdullah Abdurahman, possibly taken on their wedding day, c. 1894.
An early photograph of Hellen ‘Nellie’ James and her husband, Abdullah Abdurahman, possibly taken on their wedding day, c.1894. Unknown
A copy of the Native and Coloured Women’s Association 1914 petition.
A copy of the Native and Coloured Women’s Association 1914 petition. National Archives and Record Services South Africa
1910
Union and resistance

After the Act of Union in 1910, it became clear that only an act of parliament could change the pass laws. In 1912, the Native and Coloured Women’s Association (NCWA) was formed under the leadership of Catharina Symmons and Katie Louw. They openly defied the law, marching on the local administration offices, delivering petitions and dumping passes. Participants faced arrest. The NCWA also protested against sexual harassment carried out by police officials who were enforcing pass law regulations.

"A white Superintendent of the location demanded a pass from the girl at her home and failing to produce one was arrested and taken to the charge office. The Superintendent made improper overtures on the way to the girl. The latter resented these overtures, but she was ultimately taken by force and outraged by this man."
-The 1914 petition

A copy of the Native and Coloured Women’s Association 1914 petition.
A copy of the Native and Coloured Women’s Association 1914 petition. National Archives and Record Services South Africa
Rev Walter Rubusana, date unknown.
Rev Walter Rubusana, date unknown. Unknown
1912
Women’s anti-pass delegations

African National Congress (ANC) in 1923, passed a resolution against passes for women, they did not willingly take up the issue. Instead, women took up the cause on their own behalf. In 1912, they petitioned the various provincial governments of the Cape and the Free State to repeal existing laws. On their own initiative, they met with the supposedly liberal Henry Burton, Minister of Finance of the Union, to present a 5 000 signature petition against passes. Their arguments referenced equality and demanded an end to sexual abuse by police. Mpilo Walter Benson Rubusana accompanied the women's deputation to present the petition to the Minister. He is one of many men that would support women’s struggles.
Rev Walter Rubusana, date unknown.
Rev Walter Rubusana, date unknown. Unknown
Black and coloured women protesting against pass laws in Bloemfontein, Orange Free State in 1913. National Museum
1913
Anti-Pass protests in Bloemfontein

The women’s appeals to the authorities fell on deaf ears. Indeed, the women of Bloemfontein found themselves targeted for police action to a much greater extent. In May 1913, women launched a passive resistance campaign in the Waaihoek location in Bloemfontein. Women refused to carry the residential permits imposed by the local authorities as these tightly restricted the everyday lives of women. By June, the resistance had escalated into a full-out clash between women and the police. Two hundred angry women demonstrators, carrying sticks, led by Charlotte Makgoma Manye (later Maxeke), marched into town to see the mayor. When he was eventually cornered, he claimed that his hands were tied. The women promptly tore up their passes and generally provoked the authorities into arresting them. They shouted at the police, “We have done with pleading, we now demand!” Eighty women were arrested.

The writer, Sol Plaatje wrote about the strength and courage of these women when he visited them in the Kroonstad Prison:

“They don't care even if they die in jail. They swear they will cure that madness; they will stop their protest only when the law prevents policemen from stopping and demanding passes from other men's wives.”
-Extract from the newspaper, Tsala ea Batho
Black and coloured women protesting against pass laws in Bloemfontein, Orange Free State in 1913. National Museum
Women outside Central jail in prayer with Alan Paton in remembrance of Valliamma R Munuswami Mudaliar, date unknown. Unknown
1913
ransvaal women satyagrahis march

The main mobilisation by Mahatma Gandhi of Indian women in South Africa was over the refusal of the courts to acknowledge Muslim and Hindu marriages as legal marriages, because they were potentially polygamous. Wives were referred to as concubines and their children as illegitimate. As part of the broader passive resistance campaign against unjust laws led by Gandhi, Transvaal women Satyagrahis became actively involved in resistance in 1913. Scores of brave women crossed the Natal-Transvaal border on foot and were arrested and sent to prison in Pietermaritzburg. Many were the wives of men who had been imprisoned during the Satyagraha Campaign and had had to carry the burden of providing for their families while their husbands were detained.

Gandhi saw these women as an important inspiration and said that they were like ‘a lighted match to dry fuel’. Some of the women participating in the march were Mrs Veerammal Naidoo, Mrs N. Pillay, Mrs K Murugasa Pillay, Mrs A Perumal Naidoo, Mrs PK Naidoo, Mrs K. Chinnaswami Pillay, Mrs NS Pillay, Mrs RA Mudalingum, Mrs Bhavani Dayal, Miss Minachi Pillay, Miss Baikum Murugasa Pillay and sixteen year old Valliamma Munusamy Moodaliar. Conditions inside the jail were appalling. Valliamma R Munuswami Mudaliar later died from a fever contracted in prison.

“Armed only with the patriotism of faith, the sacrifices of our mothers and daughters [finding themselves in jail] were particularly severe.”
-Mahatma Gandhi
Women outside Central jail in prayer with Alan Paton in remembrance of Valliamma R Munuswami Mudaliar, date unknown. Unknown

Part 2. The Interwar Years - 1918 - 1945

Charlotte Maxeke.
Charlotte Maxeke. Historical Papers AB Xuma Collection
1918
Charlotte Maxeke and the Bantu Women’s League

By 1918, women's protests against the pass laws had spread throughout the country. A group of women, led by Charlotte Maxeke, established the Bantu Women’s League (BWL) in response to the threat of the Orange Free State government to reintroduce passes for black women. The BWL’s work included representations to the authorities through delegations, meeting with the prime minister and other officials, and through appearing before commissions of inquiry. For example, Maxeke gave evidence before the Moffat Commission on the indignities women suffered from carrying the night passes. As a result of these efforts, pass law enforcement for women in the Free State was relaxed followed by the eventual exclusion of women from pass laws on a national basis in 1923.

“This work is not for yourselves - kill the spirit of ‘self’ and do not live above your people, but live with them. If you can rise, bring someone with you. Do away with that fearful animal of jealousy - kill the spirit, and love one another as brothers and sisters.”
-Charlotte Maxeke, at the second conference of the National Council of African women, 1930
Charlotte Maxeke.
Charlotte Maxeke. Historical Papers AB Xuma Collection
Mary Fitzgerald’s election poster for the Johannesburg Municipal Election. Wikipedia
1911
‘Pickhandle Mary Fitzgerald’

Mary Fitzgerald was an Irish-born South African political activist, remembered as the first female trade unionist in the country. In 1911, during Johannesburg’s first major strike by white tram workers, Fitzgerald spoke at a protest meeting while holding a pickhandle that had been dropped by mounted police to break up the strike. The pickhandle became her trademark, earning her the nickname of ‘Pickhandle Mary’. Fitzgerald went on to lead a group of women to sit on the tracks and they were successful in keeping trams from leaving the station. She was involved in many other strikes in Johannesburg leading her ‘pickhandle brigade’ to break up anti-union meetings. She was influential in a miners’ strike during the miners’ strikes of 1913 and 1914, and during the tumultuous 1922 strike. She also travelled to England to speak at huge labour rallies.

In the first elections for the Johannesburg municipality in 1915, Mary was elected to the city council and served until 1921. She was the first woman to hold public office in the city. She was a role model for other women to become public figures and also set the tone for women’s trade union activism in the years that would follow.
Mary Fitzgerald’s election poster for the Johannesburg Municipal Election. Wikipedia
Members of the Communist Party of South Africa. Ray Alexander can be seen in the centre surrounded by women activists. Date unknown.
Members of the Communist Party of South Africa. Ray Alexander can be seen in the centre surrounded by women activists. Date unknown. Baileys African History Archive / Africa Media Online
1920's
The rise of women in trade unions

In the aftermath of the First World War, thousands of women – both African and Afrikaner – were pushed off the land and forced to take up work in the city. Here they faced poor and exploitative working conditions. This era saw a burgeoning of activity in factories across the country. Women joined unions and fought for issues specifically affecting women - such as sexual abuse, low wages and unfair labour demands - to become part of the trade union programmes. A striking feature of the union movement was that women were mobilised along gender and class lines rather than that of race. Unions gave women a new public platform that obliged men to start treating them as equals - although this often involved resisting the conventional roles imposed by their fellow male unionists. Women also had to fight for their rights to participate in any form of organisation outside of the home. Although women became more active in the union movement, they were still largely absent from the leadership. Exceptions to this were Johanna Cornelius, Emma Mashinini, Lydia Kompe, Maggie Magubane and Ray Alexander Simons.

“They [male organisers] expected me to do things … I got used to resisting, saying, 'I am not here to become a tea girl.’ .... My husband also didn't take anything in the union into account … He expects me to be at home between 5.30 and 6.00 pm. After I became a shop steward, I had many meetings. That made him very unhappy and it made our life very miserable. He couldn't see why I was involved in this … He was scared that I’d land in jail … I think it's time for women to come together and see this thing as a major problem for us. Eventually we must achieve the same rights.”
-Lydia Kompe, Transport and General Workers Union


“... with discussion around democracy and equality within the unions, and the increasing involvement of women … we hope to start changing attitudes.”
-Maggie Magubane, General Secretary of the Sweet Food and Allied Workers Union
Members of the Communist Party of South Africa. Ray Alexander can be seen in the centre surrounded by women activists. Date unknown.
Members of the Communist Party of South Africa. Ray Alexander can be seen in the centre surrounded by women activists. Date unknown. Baileys African History Archive / Africa Media Online
Front page of Black Administration Act No 38 of 1927.
Front page of Black Administration Act No 38 of 1927. South African Government
1927
Black Administration Act 38 of 1927

This act declared that the Governor-General was the Supreme Chief of all natives. In providing for the control of all African people, it established a separate and inferior system of justice for Africans. So-called Native Law was interpreted by white Native Commissioners in a way that formalised patriarchy and subjected women to the control of their fathers and husbands. Women were barred from inheriting estates regardless of their marital relationship or familial ties to the deceased. Instead, the nearest living male relative inherited all the relevant property. Furthermore, African black women were now regarded as minors, irrespective of their age or marital status. As a result, black women had no legal parental rights concerning their children.
Front page of Black Administration Act No 38 of 1927.
Front page of Black Administration Act No 38 of 1927. South African Government
Schreiner angrily scribbled “all women of the Cape colony” on this league pamphlet, 1980. First and Scott
1930
White women fight for the vote

Women's suffrage was a persistent issue in white politics between 1892, when a motion calling for a qualified franchise for women was defeated in the Cape House of Assembly, and 1930, the year when Parliament enfranchised all white women over the age of 18. The 4 000 or so members of the national women's suffrage movement - who proclaimed that they would now take their rightful place as equals with men in political life - had failed to forge any sense of sisterhood or commonality. Their movement epitomised white women’s preparedness to fight for the vote for a mere quarter of the women in the country rather than for general suffrage for all women. Indeed, Olive Schreiner, who was once the vice-president of the Cape Women’s Enfranchisement League, resigned in 1914 in protest against white women’s endorsement of a racial basis to the franchise campaign. In the end, the white women’s vote had less to do with the efforts of the suffragette movement than with Herzog’s desire to slash the proportion of black voters in relation to white voters in the Cape Colony. In effect the weight of the black vote decreased from 3.1% to 1.4%.

“Compared to the suffrage campaign being waged by Emily Pankhurst’s Women’s Social and Political Union in England, the SA campaign was a timid and decorous affair.”
-Cheryl Walker, author and gender activist

Schreiner angrily scribbled “all women of the Cape colony” on this league pamphlet, 1980. First and Scott
Charlotte Maxeke, date unknown. Unknown
1930's
A National Council for African Women (NCAW)

This organisation was formed at the All-African Convention to broaden and deepen black women’s political voice. Charlotte Maxeke was elected as president. After Maxeke’s death in 1939, teacher and social worker, Minah Soga, was appointed president. Unlike the ANC, the NCAW created women’s self-help and social activist organisations across the country as a form of political mobilisation.

“Do not live above your people, but live with them. If you can, bring someone with you. Do away with that fearful animal jealousy − kill that spirit [of self] and love one another as brothers and sisters. The animal that will tear us to pieces is tribalism. I saw the shadow of it and it should cease to be. Stand by your motto – the golden rule.”
-Charlotte Maxeke’s Presidential address at the NCAW conference, 1938

Charlotte Maxeke, date unknown. Unknown
1932
Amadodakazi – Baradi Ba Africa / Daughters of Africa (DOA)

Cecilia Lillian Tshabalala, the leader of the DOA, explained that this federal union of women’s organisations was formed with three principal goals: "To promote sisterhood, to develop a community of mutual service, and to better society.” By the early 1940s, DOA branches were formed across the then provinces of Natal and the Transvaal. They were a small but influential forum for women’s engagement in nationalist public culture working alongside all-female social welfare organisations such as the NCAW and the Zenzele Clubs. The DOA played a key role in civic struggles such as the Alexandra Bus Boycotts of 1943 for example. Members included prominent women activists such as Nokutela Dube, Joyce Mpama, Bertha Mkize, Madie Beatrice Hall Xuma and Nokukhanya Bhengu.
Gool’s poster for election as ward council.
Gool’s poster for election as ward council. Manuscripts and Archives, University of Cape Town
1938
Cissie Gool and the National Liberation League (NLL)

Gool was one of South Africa’s greatest political leaders. Born in Cape Town in 1897 to a well-known political family, Gool was determined and independent from a young age. She became the first black woman to receive a degree from the University of Cape Town. Instead of becoming a psychologist, however, she formed the National Liberation League of South Africa (NLL) and committed to end racial inequality. In 1938, she organised a march against the Cape Government to protest against plans to introduce separate areas for white and black people to live in. Gool captivated the crowds with her passionate oratory and her singing in an electrifying soprano.

Whilst president of the NLL, Gool stood for elections to become the Municipal Councillor for District Six. She won and remained Councillor of the area for 13 years. She became known as the ‘Jewel of District Six’ for the significant impact she made on people’s day-to-day lives. She resigned from the Council in protest against the apartheid government’s introduction of the Group Areas Act in 1950. Thereafter, Gool was accused of being a communist, and was banned from all political activity. Gool found other avenues to continue the fight. She studied law and became the first black women advocate at the Cape Town bar.
Gool’s poster for election as ward council.
Gool’s poster for election as ward council. Manuscripts and Archives, University of Cape Town
Madie Hall Xuma, 1952.
Madie Hall Xuma,1952. Jurgen Schadeberg / Baileys African History Archive / Africa Media Online
1943-1948
The ANC Women’s League (ANCWL)

In 1941, a resolution was passed to revive the women's section of ANC. Two years later, women were given access to formal ANC membership and shortly thereafter, the ANC Women’s League was launched – although the launch date is recorded as 1948 in the ANC archives. Madie Hall Xuma was its first president, followed by Ida Mtwana. The ANCWL was prominent in the 1952 Defiance Campaign and active in fighting against passes, Bantu Education and other social issues. Women’s activism impacted on the male dominated ANC leadership culture. In 1956, Lilian Ngoyi, then Women’s League president, was elected to the ANC National Executive Committee.
Madie Hall Xuma, 1952.
Madie Hall Xuma,1952. Jurgen Schadeberg / Baileys African History Archive / Africa Media Online
A Passive Resistance Campaign meeting at Durban's Red Square. UWC-Robben Island Museum Mayibuye Archives
1946
Second passive resistance campaign

In 1946, the Natal Indian Congress launched a second passive resistance campaign against the anti-Indian Land Act. It was led by Drs Naicker and Dadoo. Large numbers of Indian women played an active role. At the end of that campaign, almost 2 000 Indians were imprisoned for defying segregationist laws - 300 were women. Many other women actively supported the campaign by door-to-door fundraising, collecting food and offering childcare support.
A Passive Resistance Campaign meeting at Durban's Red Square. UWC-Robben Island Museum Mayibuye Archives

Part 3. The fight against Apartheid - 1948

Fatima Meer, date unknown.
Fatima Meer, date unknown. Unknown
1952
Durban and District Women’s League

Women from the Natal Indian Congress (NIC) and the ANC established the Durban and District Women's League with Fatima Meer as President and Bertha Mkhize, then President of the ANCWL, serving as Chair. It was the first organisation with joint Indian and African membership – a union ahead of their parent bodies which still operated in consultation with each other but remained separate. The league actively engaged in the 1952 Campaign of Defiance of Unjust Laws.
Fatima Meer, date unknown.
Fatima Meer, date unknown. Unknown
Women protest the implementation of the passes, 22 December 1952. Cape Times
1952
Defiance Campaign

On 26 June 1952, the ANC launched the Defiance Campaign against six unjust apartheid laws:- the Group Areas Act; the Bantu Authorities Act; the Suppression of Communism Act and the Separate Representation of voters. Women from the ANCWL, the Congress of Democrats, the South African Indian Congress and allied organisations played a key role in the acts of defiance across the country. Over eight thousand people were arrested for participating in this campaign. The campaign ushered in a decade of the participation of both men and women in resisting apartheid.

“The Defiance Campaign was a very big thing. There were six laws in particular that we wanted to get them to stop because they were very bad laws ... Dr Moroka and Walter Sisulu sent a letter to the Prime Minister asking him to take back these acts, but when he said no, then we decided we must go ahead with the Defiance Campaign.”
-Francis Baard, trade unionist, organiser for the ANCWL
Women protest the implementation of the passes, 22 December 1952. Cape Times
Women protest the implementation of the passes, 22 December 1952.
Women protest the implementation of the passes, 22 December 1952. Cape Times
17 April 1954
The Federation of South African Women (FEDSAW) and the Women’s Charter

FEDSAW was launched as a multi-racial women's organisation and lobby group to address women’s issues more directly. The thrust for FEDSAW came from working class women who had been organised in the trade union movement, speaking in their own voice as activists on the ground. Its founders were the trade unionists Ray Alexander, Frances Baard and Florence Matomela, leader of the ANCWL in the Eastern Cape.

‘What Women Demand’, colloquially known as the Women’s Charter, was adopted at its launch. It set our goals for the emancipation of women and made two sets of practical demands - firstly, claims for equal legal rights with men and secondly, demands for services and amenities to ‘protect the mother and child’. As a political manifesto, the Charter strongly linked racial and gender struggles, arguing that the women’s struggle was part of a wider struggle for liberation in the struggle for a socialist state. There were limitations to the charter as the demands failed to challenge the deeply patriarchal attitudes to the role of women in society. The national struggle was still seen as the priority with the struggle for gender rights subordinated to that of race.

“We, the women of South Africa ... African, Indians, European and Coloured, hereby declare our aim of striving for the removal of all laws, regulations, conventions and customs that discriminate against us as women …

A Single Society: We women do not form a society separate from the men. There is only one society, and it is made up of both women and men. As women we share the problems and anxieties of our men, and join hands with them to remove social evils and obstacles to progress …

Freedom cannot be won for only one section or for the people as a whole as long as we women are in bondage.”
-From the Preamble of the Women’s Charter
Women protest the implementation of the passes, 22 December 1952.
Women protest the implementation of the passes, 22 December 1952. Cape Times
Members of the Black Sash organisation protest against apartheid laws outside Johannesburg City Hall, circa 1955 Jurgen Schadeberg / Getty Images
1955
Birth of the Black Sash

This organisation of white women was formed in response to a cynical ploy by the apartheid government to remove coloureds from the common voters' roll. It was initially called the Women's Defence of the Constitution League but came to be called the Black Sash because women protestors wore black sashes to indicate that they were in mourning for the National Party’s disregard for the constitution. At first, the organisation organised marches, petitions, overnight vigils and protest meetings and then later opened advice offices to provide information concerning the legal rights of black South Africans. These offices played a critical role in the fight against apartheid and provided an important space for white resistance. The Black Sash stood out in a context where few white women associated themselves with the national liberation struggle or joined the powerful women’s movements.

“The sight of white middle class women, well dressed, well spoken, well behaved - demonstrating against the government enraged many of its supporters … the women were exposed to verbal abuse and threats of violence. Not only were they defying the government, they were defying a set of unwritten rules about seeming and proper conduct for women.”
Cheryl Walker, author and activist

The Sash was reorganised in 1995 as a non-racial humanitarian organisation, working to 'make human rights real for all living in South Africa'.
Members of the Black Sash organisation protest against apartheid laws outside Johannesburg City Hall, circa 1955 Jurgen Schadeberg / Getty Images
Some of the delegates on the main platform of the Freedom Charter meeting at Kliptown. From left to right: a delegate from Port Elizabeth, E. P. Moretsele, President of the Transvaal branch of the ANC, Leon Levy, president of the SACTU, Helen Joseph, Lilian Ngoyi and unknown. Museum Africa / Africa Media Online
1955
The Freedom Charter

After a consultative process involving 50 000 volunteers gathering ‘freedom demands’ of people residing in urban and rural areas, the Freedom Charter was adopted at Kliptown in Soweto. This statement of core principles of the Congress Alliance consisted of the ANC, the South African Indian Congress, the Congress of Democrats and the Coloured People’s Congress. Its opening demand, "The People Shall Govern!", was a clarion call throughout the decades.

FEDSAW drafted a document called ‘What Women Demand’ and most of these demands appeared in the final Charter - except for the demand for social amenities in the reserves as this would have endorsed the apartheid division of land in the rural areas. The committee of twelve that drafted the final text included several women such as Ruth First, Hilda Bernstein and Helen Joseph.. Beata Lipman wrote out the original version of the Charter.
Some of the delegates on the main platform of the Freedom Charter meeting at Kliptown. From left to right: a delegate from Port Elizabeth, E. P. Moretsele, President of the Transvaal branch of the ANC, Leon Levy, president of the SACTU, Helen Joseph, Lilian Ngoyi and unknown. Museum Africa / Africa Media Online
Preparing to march, undated, circa 1955-1956. Baileys African History Archive / Africa Media Online
1950's
Lipasa! Amapasi - anti-pass demonstrations

In 1952, passes were again extended to African women leading to the imprisonment of thousands. Multiple protests erupted across the country. In 1954, 2 000 women were arrested in Johannesburg, 4 000 in Pretoria, 1 200 in Germiston, and 350 in Bethlehem. In 1955, 2 000 women marched to the Native Commission's office in Vereeniging.

“We women will never carry these passes. I appeal to you young Africans to come forward and fight. These passes make the road even narrower for us. We have seen unemployment, lack of accommodation and families broken because of passes. We have seen it with our men. Who will look after our children when we go to jail for not having a pass?”
-Dora Tamana, at an ANC Women’s League meeting in Langa in 1953

Preparing to march, undated, circa 1955-1956. Baileys African History Archive / Africa Media Online
The 1956 women’s march. Baileys African History Archive / Africa Media Online
9 August 1956
Women’s March to Pretoria

The anti-pass campaigns culminated in the now famous march of 20 000 women to the Union Buildings in Pretoria. The call-to-action flyers of the ANCWL and FEDSAW explained: “Passes mean prison; passes mean broken homes; passes mean suffering and misery for every African family in our country; passes are just another way in which the government makes slaves of the Africans; passes mean hunger and unemployment; passed are an insult ...”

Women arrived from all corners of South Africa. The march was led by Helen Joseph, Rahima Moosa, Lilian Ngoyi, and Sophie Williams-De Bruyn (only 18 at the time). They carried stacks of petitions to present to the then Prime Minister J.G. Strijdom. Women sang 'Wena Strijdom, wa'thinthabafazi, wathint'imbokotho uzokufa!' ('You Strijdom, you have touched the women, you have struck against rock, you will be crushed.) The women stood in silence for 30 minutes, many with babies on the back, whilst Strydom refused to accept the petitions. The march demonstrated the rise to political prominence of women in the struggle against apartheid and their great courage.
The 1956 women’s march. Baileys African History Archive / Africa Media Online
Lilian Ngoyi at the time of her second presidency of the ANC Women’s League, 1956. Baileys African History Archive / Africa Media Online
A national conference and a new national president

FEDSAW hosted its national conference the day before the march since many of its members had travelled from different parts of the country to participate. Lilian Masediba Ngoyi - who was the one who had knocked on President Strijdom’s door to present the petition - was elected national president. In her presidential address, she asked the audience why they had “heard of men shaking in their trousers, but who ever heard of a woman shaking in her skirt?” She urged women to continue protesting passes and to reach out to others especially in the rural areas and educate:

“Strijdom! Your government now preaches and practises cruel discrimination. It can pass the most cruel and barbaric laws, it can deport leaders and break homes and families, but it will never stop the women of Africa in their forward march to freedom during our lifetime!”
-Lilian Ngoyi’s warning to Prime Minister Strijdom


All four of the women leaders of the famous 1956 march in Pretoria came from the trade union movement. Lillian Ngoyi was a shop steward in the GWU; Helen Joseph represented the GWU’s medical aid; Sophie Williams was from the Textile Workers Union and Rahima Moosa was from the Food and Canning Workers Union.

Smaller women-led marches against the pass laws continued for the rest of the decade.
Lilian Ngoyi at the time of her second presidency of the ANC Women’s League, 1956. Baileys African History Archive / Africa Media Online
Women demonstrators held placards reading, ‘We stand by our leaders’ in support of the treason trialists, 19 December 1957. Baileys African History Archive / Africa Media Online
5 December 1956
Mass arrests and the Treason Trial

In a mass police swoop in the early hours of the morning, 156 political activists were arrested at dawn and charged with treason. The arrested were imprisoned in the Old Fort prison complex – now Constitutional Hill. Jacqueline (Jackie) Arenstein, Francis Baard, Ayesha Dawood, Lily Diederichs, Sonia Bunting, Ruth First, Bertha Gxowa, Helen Joseph, Florence Matomela, Ida Fiyo Mntwana, Lillian Ngoyi, Debi Singh and Annie Silinga were part of the group of women held in the Women’s Jail in separate sections for white and black prisoners. Ironically, their imprisonment gave them the opportunity to organise in a way that was difficult at the time.

“We didn't know why we were arrested until we went to court and met each other there. Hawu! And then we see there are so many of us! We listened to what the charges were … After a time we were released from prison although the case was still going on.”
-Francis Baard, trade unionist and women’s leader

There was mass action, mainly by women, outside the Drill Hall where the treason trialists first appeared. Women also arranged with local communities to ensure that food was brought to Old Fort prison where the treason trialists were being held.

Eventually the number of accused was whittled down to 31. After the longest Treason Trial in South African history, all were acquitted of treason in 1961. The judges agreed that the state had failed to prove the ANC or the Freedom Charter as communist.
Women demonstrators held placards reading, ‘We stand by our leaders’ in support of the treason trialists, 19 December 1957. Baileys African History Archive / Africa Media Online
Women protesting in Cato Manor over living conditions, government beer halls and passes for women, October 1959. Baileys African History Archive / Africa Media Online
1959
Mass Action in Umkhumbane

After World War II, a large section of Durban’s black population moved to the informal settlement of Umkhumbane on the ridges of Cato Manor. From 1958, the authorities began to implement plans to eradicate Cato Manor and transfer its population to the new township of KwaMashu. The police also started to issue passes to African women and to clamp down on illegal beer-brewing, forcing people to drink in government owned beer halls. Armed with sticks, Dorothy Nyembe led a group of women protestors who attacked the beer halls, chasing out the male customers and destroying the beer. The protest spread rapidly to other Durban beer halls and a successful beer boycott was launched. The police responded violently to the women protestors who bravely challenged them. The men of Umkhumbane responded with anger to the brutal treatment of the women.

“We do not want our husbands to go and spend their money in the Corporation Beerhalls. The Corporation encourages them to do this and we women suffer.”
-Gertrude Kweyana, women’s rights activist

Women protesting in Cato Manor over living conditions, government beer halls and passes for women, October 1959. Baileys African History Archive / Africa Media Online

THE EXISITNG TIMELINE STARTS BELOW HERE!!!!!!

Part 8. Writing the Constitution - 1994 - 1996

Members of Parliament and executives of the Women's League, Ntombi Shope, Thandi Modise and Bathabile Dlamini outside Parliament, August 1994.
Members of Parliament and executives of the Women's League, Ntombi Shope, Thandi Modise and Bathabile Dlamini outside Parliament, August 1994.Roy Wigley
May 1994
Women at the heart of the new democracy

One of the striking features of South Africa’s first democratically elected Parliament, which doubled up as a Constitutional Assembly to draft South Africa’s final Constitution, was the prominence of women activists. One hundred and seventeen - over 27 percent - of the members were women. When Nelson Mandela was chosen by Parliament to be South Africa’s democratically elected President, he took with him from his old office into his new office two strong feminists Barbara Masakela and Jessie Duarte. The other forceful personality who had helped structure his office had been Frene Ginwala. In his first State of the Nation address, President Nelson Mandela proclaimed:

“It is vitally important that all structures of government, including the President himself, should understand fully that freedom cannot be achieved unless the women have been emancipated from all forms of oppression.”

The first democratic Parliament was praised for its gender-inclusivity:

“From being one of the world’s most sexist governments our new Parliament, with its 106-strong contingent of women, has emerged as one of the world’s most progressive. South Africa has moved from 141st place on the list of countries with women in Parliament, to seventh … With a jump from 2.7 per cent to 26.5 per cent, South African women are now better represented than their British and American counterparts.”
- The Sunday Times
Members of Parliament and executives of the Women's League, Ntombi Shope, Thandi Modise and Bathabile Dlamini outside Parliament, August 1994.
Members of Parliament and executives of the Women's League, Ntombi Shope, Thandi Modise and Bathabile Dlamini outside Parliament, August 1994.Roy Wigley
June 1994
the Women’s Charter for effective equality

Although the broader political context had significantly changed after the elections and certain victories for women had been secured, the charter was still deemed to be an important intervention. Activists believed that it would represent a national consensus among women about the minimal demands of the women's movement and guide future legislative and policy interventions. After all, the charter campaign had already made an impact by enshrining gender equality and the possibility of affirmative action in the final Constitution. The original multiple demands of the charter were reduced to help consolidate and speed up the process. The final charter was presented to President Mandela in June 1994.
1996
The final Constitution prohibits gender discrimination

The first democratic Parliament doubled as a Constitutional Assembly (CA). The CA were given just two years to draft the text for the country’s first democratic Constitution. The National Coalition of Women continued to monitor the process. Skilled political activists together with technical experts and advisors and the broad women’s constituency helped to keep gender issues at the centre of the constitution-making process. The role of women in the constitution-making process was a continuation of the role they played in the struggle they waged throughout history.

“In the Constitutional Assembly, we directed our energies to those aspects women felt very strongly about. We opened doors for women to participate and speak as full delegates. I remember at some stage the media referred to us as the ‘broomstick ladies’. This did not deter us – we confronted patriarchy head-on. I remember some quarters argued that the equality clause should not be extended to rural women, who they claim were content with their subservient position. Yet women marched to the negotiations from rural areas to demand equality. Our position at the negotiations table was thus strengthened by the women’s movement and their activities outside the Constitutional Assembly. ”
- Mavivi Myakayaka-Manzini, ANC Theme Committee 4
1996
New legislation and institutions protecting women’s rights

The new government’s embrace of gender equality as a foundational principle of the new democracy, led to policies, programmes and laws that advanced women’s interests. Parliament moved quickly to introduce new legislation within a human rights framework to eradicate gender inequality, create substantive representation for women as well as to protect women in the domestic sphere. Public participation in the law-making process of the Assembly was now actively encouraged and there was a close and cooperative relationship between civil society and Parliament. New laws outlawed rape in marriage, promoted reproductive choices, offered protection from domestic violence for women, illegalised discrimination against women and promoted equal status under customary law.

“The presence within the state of women and men deeply committed to progress on gender equality was central to the achievement of many policies and laws … They retained relationships with women in civil society and were able to work in partnership to advance certain laws and policies … The fact that the Speaker had been a leading gender activist in the early 1990s, assisted these processes.”
- Catherine Albertyn, Professor of Law in ‘Towards Substantive Representation: Women and Politics in South Africa’

Part 9. Making the Constitution a lived reality - 1996 onwards

Taking root in day-to-day life

Despite women’s unprecedented participation in law-making and Parliament, and the newly entrenched human rights institutions and courts, enormous challenges remain for South Africa’s children and women. While some women have greater access to healthcare and resources, conditions on the ground remain hopelessly inadequate. Poverty is deepening. There are high rates of disease and infection amongst women.

For Catherine Albertyn, “From being one of the world’s most sexist governments our new Parliament, with its 106-strong contingent of women, has emerged as one of the world’s most progressive. South Africa has moved from 141st place on the list of countries with women in Parliament, to seventh … With a jump from 2.7 per cent to 26.5 per cent, South African women are now better represented than their British and American counterparts.”

Violence against women

The safety of women and children remains one of the most enormous challenges to be tackled. The country has one of the highest femicide rates in the world with more than 2 700 women and 1 000 children murdered in a single year. It is estimated that around 51% of women in South Africa have experienced abuse at the hands of their partners.

Women's Month in 2018 was marked by countrywide intersectional marches and pickets over violence again women, children and gender non-conforming people. It was organised by WomenProtestSA under the banner #thetotalshutdown. The rallying cry was "My body, not your crime scene" called on men to stop the abuse of women and children. "We have nothing to celebrate on 9 August," said the organisers of #TheTotalShutdown, referring to the annual commemoration of the women's march against apartheid passes.

Just over a year later, the harrowing rape and bludeoning to death of 19-year-old student, Uyinene Mrwetyana, by a post office worker at the local post office in Cape Town, tipped South Africans over the edge. Women poured onto the streets country-wide shouting ‘Am I next?’. The #IamNene ignited a movement. The President was asked to account and to make urgent interventions to stop the violence.

“We have been suffering in silence in our homes, scared and alone and we need to come together. We can't live like this anymore. We are not free. This is not a free South Africa.”
-Student protester, during a #IamNene
South Africa joined the global 16 Days of Activism for No Violence Against Women and Children campaign in 1998. Shamin Chibba
1996 onwards
Victories for women at the Constitutional Court

The Constitutional Court has dealt with a number of cases linked to the struggle of women’s rights as human rights. Many cases illustrated the devastation caused by gender–based violence and have exposed inequalities in customary and divorce law. The judgements of the Constitutional Court have contributed to restoring the dignity of the women who are victims of inequality and of human rights violations.
South Africa joined the global 16 Days of Activism for No Violence Against Women and Children campaign in 1998. Shamin Chibba
The Struggle Continues

A formidable task remains in South Africa to ensure that women’s issues are raised and actively dealt with. The struggle for gender equality is currently being waged in both the public and private sphere. The high rates of femicide and rape in the private realm are echoed by violent rhetoric of sexism and patriarchy in the public domain. A new generation of African feminists are forging new paths outside of conventional political organisations. In a recent seminar, writer, activist and WISER Writing Fellow, Sisonke Msimang, was forthright in her critique of the ANC Women’s League:

“I have a huge problem with the ANCWL and the betrayal of the feminist vision that we fought for. Gender-based violence has become a-politicised. My generation of African feminists have taken to ‘direct action’ to politicise the GBV issue as a credible form of a new political grammar.”

The united actions by women to ensure women’s equality are diverse and a spate of new organisations have emerged over the last 20 years. South African women, who have played a leading role in resistance politics since the early 20th century - as evidenced by the example of Charlotte Maxeke and others in this timeline - continue to fight for gender and racial equality. The liberation and safety of women remains a critical issue in our country today.

Read more

  The first democratic Parliament was praised for its gender-inclusivity:

“From being one of the world’s most sexist governments our new Parliament, with its 106-strong contingent of women, has emerged as one of the world’s most progressive. South Africa has moved from 141st place on the list of countries with women in Parliament, to seventh … With a jump from 2.7 per cent to 26.5 per cent, South African women are now better represented than their British and American counterparts.”

-The Sunday Times

Besides nearly a third of all members of Parliament being women, 15 percent of the cabinet ministers were women and 56 percent of the deputy ministers were women. 

These included Dorothy Nyembe, Ruth Mompati, Frene Ginwala, Sister Bernard Ncube, Barbara Hogan and Patricia De Lille.  Frene Ginwala was appointed Speaker of the National Assembly, with Baleka Mbete Kgositsile as her Deputy. Sister Bernard Ncube chaired the committee on Arts, Culture, Science and Technology. Patricia De Lille was elected Chairperson of the Transport Committee and Chief Whip for the PAC.

Women’s significant numerical representation made them well poised to take advantage of the strong constitutional framework to bring about gender equality. Several forums were set up to overcome institutional discrimination against women. 

For example, in 1996, Parliament established a Joint Standing Committee for the Improvement of  the Quality of Life and the Status of Women which went on to monitor and oversee progress in the government’s implementation of the Convention on the Elimination of All forms of Discrimination against Women; another multiparty Parliamentary Women’s Group was formed in 1997 and a  Women’s Empowerment Unit was also set up to empower women in national and provincial legislatures. 

These bodies led to increased levels of confidence and participation of women. Many other prominent women leaders emerged in this period including in civil society organisations and in the business world. These are but a few examples of women parliamentarians and other women leaders in this period.

Profiles

Dr Frene Noshir Ginwala: Speaker of the National Assembly from 1994 to 2004 [ANC]

Frene Ginwala was born on 25 April 1932 and studied law at the University of London in the United Kingdom (UK), where she completed her LLB degree. She returned to South Africa to complete her legal training. As a student she was requested to arrange the escape of senior ANC leaders and to establish an ANC office in exile. In Tanzania, Ginwala established a monthly journal, “Spearhead” and worked as a journalist until she was deported and declared a prohibited immigrant. She returned to the UK and obtained a doctorate (D. Phil.) from Oxford University. 

Ginwala worked in Tanzania, Zambia, Mozambique and the UK as an ANC official and as journalist and broadcaster in East Africa and Europe. In 1974 Ginwala assisted in establishing the ANC’s Department of Information and Publicity. She also lectured at universities and participated in various United Nations, and other international conferences on SA. From 1987-1988 she was one of 14 international experts invited to advise the Director-General on Unesco’s programme on Peace and Conflict Research. Prior to her return from exile in 1990, Ginwala was head of the ANC’s Political Research Unit. She was also ANC spokesperson in the United Kingdom on issues relating to South Africa. Ginwala helped to set up the Women’s National Coalition, and was later elected national convener of the Coalition. She has held various influential positions in the ANC and other non-political organisations. These include Deputy Head of the Commission for Emancipation of Women (1992 – 1994) as well as Secretariat in Mr Mandela’s Office (1991 – 1994). Ms Ginwala was a member of the ANC Negotiating Team at CODESA and a member of the Technical Committee on the Independent Electoral Commission.

After the 1994 elections Ginwala was elected as a Member of Parliament and was subsequently elected as Speaker of the National Assembly from 1994 until 2004. As Speaker she was instrumental in arranging many significant changes and opening up Parliament. Ms Ginwala served as a member of the Preparatory Committee for the First World Conference of Presiding Officers. She has been a board member of the International Institute for Democracy and Electoral Assistance as well as the former Chairperson of the Southern African Development Community Parliamentary Forum. She is a former member of the United Nations Secretary-General’s Advisory Panel of High-Level Personalities on African Development and served as Commissioner of the International Commission on Human Security. Ms Ginwala has also served on both the ANC’s National Executive Committee and National Working Committee. She has served as Chairperson (SA) of the International Parliamentary Union as well as Chairperson of the Africa section of the Commonwealth Parliamentary Association.

Ginwala has chaired the ANC’s Archives Committee and was Chancellor of the University of KwaZulu-Natal from 2005 – 2009. She also serves as a board member of the Environmental Monitoring Group as well as the Land and Agriculture Policy Centre. She is also a trustee of the Govan Mbeki Fellowship (University of Fort Hare) Multi-Media Trust; and trustee of the Democratic Media Trust. Ms Ginwala received the Order of Luthuli in silver for her contribution to democracy and the upliftment of women in 2004.

Patricia De Lille

Patricia De Lille was born on 17 February 1951 in Beaufort West and matriculated from Hoërskool Bastiaanse. She first worked as a lab technician for Plascon Paints, where she remained for 16 years, obtaining an Industrial Relations Diploma and a Diploma in Paint Technology. During this time, she became actively involved in trade union politics, ultimately working her way up to becoming part of the National Executive Committee of the South African Chemical Workers’ Union (SACWU). She later also became Vice President of the National Council of Trade Unions.

 

De Lille was elected onto the National Executive Committee of the Pan Africanist Movement (PAM), a wing of the PAC, in 1989. With the unbanning of political organisations in 1990, she was appointed as Foreign Secretary and Relief and Aid Secretary of the party. De Lille led the PAC delegation during the CODESA negotiations, and after the first democratic elections, she was appointed as a member of Parliament. She served as the chief whip (1997 – 2003) for the PAC in Parliament and as chairperson of the Transport Committee (1994 – 1999). She also served on several committees including the following: Health; Mineral and Energies; Trade and Industry; Labour; Home Affairs; Housing, RDP; Welfare; Communication; Public Protector; Transport; Abortion & Sterilisation; Internal Arrangements; the Rules Committee and the Code of Ethics. She was also a member of the Report of SA Law Commission on Surrogate Motherhood; Establishment of Commission on Gender Equality; Ad Hoc Committee on Ratification of Convention on the Rights of the Child; Ad hoc Committee on Ratification of Convention on Elimination of Discrimination against Women; 

 

In 2003, during a floor-crossing window, she became the first South African woman to form a political party of her own by founding and leading the Independent Democrats (ID). On 15 August 2010, the ID merged with the Democratic Alliance, South Africa’s official opposition, and de Lille took on dual party membership until her party was fully dissolved in May 2014. De Lille moved to provincial and local government, becoming a Member of the Executive Committee of Social Development for the Western Cape Government. In 2011 De Lille was elected as the 33rd Mayor of Cape Town. She  serves the community in her capacity as member or trustee of various boards of charitable organisations such as the Nelson Mandela Children’s Fund and was also the Chancellor of the Durban University of Technology between 2004 – 2012.

Ruth Mompati was born in 1925. She joined the ANC in 1954, and was elected to the National Executive Committee (NEC) of its Women’s League. She was involved in the 1952 Defiance Campaign and was a founding member of FEDSAW. She went into exile in 1962, holding office as the secretary and head of the Women’s section of the ANC in Tanzania, where she also underwent military training. She remained a member of the ANC’s NEC from 1966 to 1973. Between 1981 and 1982, she was the chief representative of the ANC in the UK and became part of the delegation that opened talks with the South African government at Groote Schuur in 1990. In 1994, Mompati was elected a Member of Parliament in the National Assembly. She was appointed ambassador to Switzerland from 1996 to 2000 and upon her return became the Mayor of Vryburg (Naledi) in North West province. She died in 2015 at the age of 89.

Thuli Madonsela was born in 1962. She was a member of the Pretoria branch of the ANC and was a member of the United Democratic Front. In the 1980s she worked for trade unions in the public and private sectors. She was a member of the team who drafted the final Constitution. Prior to her appointment as Public Protector, Madonsela served as a full-time member of the South African Law Reform Commission.

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Dr Mamphela Ramphele was born in 1947. She attended the University of Natal where met Steve Biko. Together they became the foremost proponents of the Black Consciousness Movement.  Ramphele was also dedicated to community upliftment, establishing clinics and literacy projects. In 1996, she became the university’s vice chancellor and was the first black person and the first woman to be appointed to such a post in South Africa. In 2000, she became managing director for human development at the World Bank – the highest-ranking African member of the organisation.

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Yvonne Mokgoro was born in Galeshewe near Kimberley and ventured into the legal field after she had spent a night in jail for standing up for a group of men in Galeshewe who were harassed by apartheid-era policemen. She ended up studying law through the University of Bophuthatswana and ivy league Pennsylvania University in the United States. Mokgoro worked in various roles within the legal justice system of the then-Bophuthatswana before assuming an associate professorship in 1992 at the University of Western Cape. She later served as a human-rights specialist researcher at the Human Sciences Research Council. In 1994, she was appointed as one of 11 founding judges of the Constitutional Court.

Reginah Mhaule was a teacher and school principal in Mpumalanga before entering politics. She is the former MEC for Education in Mpumalanga. She is also a member of the National Executive Committee. She was elected as the Deputy Minister of International Relations and Cooperation in 2018.

Explore the archive

Photography

‘The Women’s Charter. The Original SAHA collection, SAHA  

Documents

The Women’s Charter for Effective Equality. Unknown  

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When the final text of the Constitution was sent to the Constitutional Court to certify that it complied with the 34 Principles agreed to in the Interim Constitution, Justice Albie Sachs remembers being elated:

“When the text is eventually forwarded to us at the Court, I see that the terms ‘non-racialism’ and ‘non-sexism’ are there again [after having been removed in the Interim Constitution]. Hallelujah! They are there not because Kader Asmal or Albie Sachs wanted them there; but because women had struggled with great determination for them over a long period of time – both inside and outside the ANC. And another feature of the Constitution, I was pleased to note, is that it did not have a separate clause dealing with rights for women but reflects a manifest gender-awareness right throughout.”

The impact of women’s struggles on the Constitution is reflected in many gender-sensitive ways.  

  • Its language throughout is either gender-inclusive (‘every man and woman’) or gender-neutral (‘every person’).
  • Non-sexism is declared to be a foundational value on a par with non-racialism (Section 1b).
  • The right to equality makes express provision for affirmative action  (Section 9 (2)) and prohibits the state and any person from unfairly discriminating, directly or indirectly, on grounds that include gender, sex, pregnancy, marital status, and birth (Sections 9(3) and 9(4)).
  • The right to freedom is  conjoined with security of the person and includes the right to be free from all forms of violence from either public or private sources, as well as the right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction and to security in and control over their body  (Section 12 (1 (c)) and 12(2 (a) and (b)).
  • Freedom of religion, belief and opinion allows for marriages concluded under any tradition subject to the equality provisions of the Constitution  (Section 15 (3) (a) and (b))
  • Freedom of Expression is expressly declared not to extend to a number of listed themes including advocacy of hatred that is based on gender (Section 16(2)(d)). 
  • Social and economic rights are included as judicially enforceable fundamental rights on a par with civil and political rights. These include rights that women had fought particularly hard for, to housing, health care, food, water, social security and education (Sections 26, 27 and 29).
  • Children’s rights, as strongly promoted by the women’s movement, are expressed in comprehensive terms  (Sections 1(a-f (i) (ii), 1(g)(i)(ii), (h) and (i), Section 2 and Section 3). 
  • Cultural, Religious and Linguistic communities. The right of persons not to be denied the right with others to enjoy their culture, practise their religion or use their language and create organs of civil society to do so, is made subject to not being inconsistent with the equality provisions of the Bill of Rights  (Sections 31(1) and (2)).
  • When persons are appointed to the Constitutional Court, the need for the Judiciary to reflect broadly the gender composition of South Africa must be considered (Section 174(2)).
  • The courts must apply customary law where applicable subject to the Constitution, including its equality provisions, and any legislation that specifically deals with customary law. 

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New legislation included:

  • The Domestic Violence Act (Act 116 of 1998), with the aim of curbing domestic violence and giving women access to interdicts against abusive partners.
  • The Maintenance Act (Act 99 of 1998), which women could draw on to force delinquent men to pay maintenance for their children.
  • The Recognition of Customary Marriages Act (Act 120 of 1998) that recognises marriages concluded under customary law.
  • The Choice of Termination of Pregnancy Act (Act 92 of 1996) that legalised abortion. It was the first women’s law to specifically address women’s subordination. Women’s rights and women’s health organisations had specifically advanced this law.

In addition, a special court was set up to deal with cases involving sexual offences in order to ensure victims of these offenses are heard, are dealt with in an appropriate and timely manner, and are supported by experts. With the ongoing problem of rape and sexual abuse in South Africa, these specialised courts offer support to victims, and ensure perpetrators are brought to justice.

Read more

Just over a year later, the harrowing rape and bludeoning to death of 19-year-old student, Uyinene Mrwetyana, by a post office worker at the local post office in Cape Town, tipped South Africans over the edge. Women poured onto the streets country-wide shouting ‘Am I next?’. The #IamNene ignited a movement. The President was asked to account and to make urgent interventions to stop the violence.

“We have been suffering in silence in our homes, scared and alone and we need to come together. We can’t live like this anymore. We are not free. This is not a free South Africa.”
-Student protester, during a #IamNene 
In his response to the outcries and anger from women across the country, President Ramaphosa made an important statement describing the surge of violence against women as a pandemic:

“As a man, as a husband and as a father, I am appalled by what is no less than a war being waged against the women and children of our country. These women are not just statistics, they have names, they have families and friends.”

Whilst women organisations and activists welcomed these words, they remain frustrated at the lack of real progress in terms of justice and the swift prosecution of cases:

It’s not enough for the president to say that we won’t tolerate violence. We want accountability. The government can’t just be saying that they are taking a strong stance when they are not acting. They need to take action with those words.”
-Ngaa Murombedzi, Women and Men against Child Abuse:


Some of the solutions being proposed are the strengthening of the criminal justice system, providing better care for victims and introducing legal amendments including stiffer bail conditions and minimum sentencing for perpetrators.

#Total Shutdown

The #totalshutdown marches woke the spirits of 1956, in protest against violence on women. M & G

Loyiso V Saliso, founder of Khanyisa Ikamva Projects, explained the roots of #Total Shutdown:


“We were having our discussions about the everyday reports of femicide in our country and we decided this is enough …  We suggested we mobilise to shut the whole country down and get the government’s attention because they are just too silent. We decided that being outraged on social media and having dialogues is not working. If we shut the country down and affect the economy in some way that will grab their attention. It started through a Facebook group. We were doing this before but in our separate capacities so we had to come together and make sure we capture the country’s attention.” 

Loyiso V Saliso, founder of Khanyisa Ikamva Projects, explained the roots of #Total Shutdown:



“To His Excellency President Cyril Ramaphosa


On 1st of August 2018, womxn (both cisgender and transgender womxn) and gender non-conforming people (GNC) will deliver this memorandum to the government of South Africa.


We, the women of this country are aware that gender based violence against women, non-conforming women and intersectional women has reached levels that are unacceptable and cause untold harm. We are also aware of the complex multi-layered factors that have resulted in South Africa being counted amongst the highest ranking countries with unprecedented levels of gender based violence against womxn (GBVAW). We acknowledge that there have been numerous protests and activities undertaken by many Non-governmental organisations and other interest groups in our society fighting this scourge.


It is evident to us that without a total integrated action by all relevant segments of our society as well as political will, nothing will change to eliminate this scourge.


That is why as women, we have been moved to rise, march and protest to demand an end to gender based violence against womxn today.


This document sets out our list of demands to the state. It’s an initial set of twenty four demands that represent each year that the state has failed to ensure our constitutionally entrenched right to be free from all forms of violence since the establishment of our constitutional democracy. We believe that an integrated approach to fight against the GBVAW scourge, where different arms of government work together, has the ability to ensure better protection for women.


We understand that different arms of government have different powers and functions, it is not the intention of our memorandum to comprehensively set out which entity must do what. Our aim is to demand that the state must do everything within its powers, to enable us to realise our right to be free from violence, whether it emanates from public or private sources.”  

The #TheTotalShutdownMarch strategy and wellness coordinator, Yolanda Mahayle Khontsiwe, explained its memorandum of demands was set out as a list of 24 demands that represent each year that the government has failed to ensure women’s right to be free from all forms of violence since the establishment of democracy. Demands included that the Ministry of Women in the Presidency convenes a national process to review past national action plans to end GBV, and the development of a criteria for appointing individuals who are tasked with leading efforts to end GBV; the establishment of a national, and properly resourced, hotline that will enable survivors to request and receive support services.

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Here are just some of the cases handed down by the Constitutional Court which have further enhanced the constitutional protection of women’s rights.

In Carmichele v. Minister of Safety and Security (2001) the Constitutional Court held that the state is obligated by the Constitution and international law to protect the dignity and security of women. The Constitutional Court held that the police recommendation to release a known violent man back into the community after women had argued against his release – who then attacked a woman following his release – could amount to wrongful conduct giving rise to liability. The case was a breakthrough for victim’s rights and the fight to end violence against women. 

Read the case: http://www.saflii.org/za/cases/ZACC/2001/22.html

In Bhe and others v The Magistrate, Khayelitsha and others (2004) the Constitutional Court found that the African customary law rule of male primogeniture – the rule that allowed only men to inherit was unconstitutional – and held that it discriminated unfairly against women and so-called ‘illegitimate’ children. 

Read the case: http://www.saflii.org/za/cases/ZACC/2004/17.html

Masiya v Director of Public Prosecutions (2007)

In Masiya v Director of Public Prosecutions (2007), the questions before Court were whether to broaden the definition of rape to include anal penetration, which at the time under common law did not constitute rape, and whether the definition of rape should be gender-neutral. The Constitutional Court found no distinction between non-consensual vaginal and anal penetration in that both constitute “a form of violence … equal in intensity and impact. The object of the criminalisation of this act is to protect the dignity, sexual autonomy and privacy of women and young girls as being generally the most vulnerable group.”

Read the case: http://www.saflii.org/za/cases/ZACC/2007/9.html

In Hassam v Jacobs (2009) the Constitutional Court had to decide on the issue of women married in polygynous Muslim marriages not being considered “spouses” in terms of the Intestate Succession Act, and thus could not inherit from their intestate spouses. The Constitutional Court found that the exclusion of women married in polygynous marriages from the Intestate Succession Act infringes on their constitutional rights to equality, religion and culture. 

Read the case: http://www.saflii.org/za/cases/ZACC/2009/19.html

Bothma v Els (2009)

In 2007, Mrs Bothma instituted a private prosecution, charging that 39 years before, when she had been a 13 year old schoolgirl, Mr Els, a wealthy family friend much older than herself, had taken her by car to his farm and raped her. She alleged further that a similar pattern of sexual abuse had continued for more than two years. Mr Els vigorously denied the charge. He applied to the Northern Cape High Court in Kimberley for an order permanently staying the private prosecution. The High Court issued the stay on the basis that Mrs Bothma  should have reported the matter earlier and it was impossible for the man she accused, to have a fair trial. The Constitutional Court, in a  unanimous judgment, overturned the order by a High Court, stating that any prejudice that Mr Els might suffer because of the delay would not have been insurmountable and his right to a fair trial would be protected by the presumption of innocence.

Read the case: http://www.saflii.org/za/cases/ZACC/2009/27.htm

Modjadji Florah Mayelane v Mphephu (2013)

In Modjadji Florah Mayelane v Mphephu (2013) the Constitutional Court had to examine Tsonga customary marriages and determine the extent to which the absence of a first wife’s consent to her husband’s subsequent polygamous marriages affects the validity of the latter marriages. The majority held that Tsonga customary law required that the first wife be informed of her husband’s subsequent customary marriage. The Court also found that Tsonga customary law had to be developed so that it is consistent with the Constitution.

Read the case: http://www.saflii.org/za/cases/ZACC/2013/14.html

Bukelwa Nolizwe Holomisa v Sango Patekile Holomisa and Another (2018)

Bukelwa Nolizwe Holomisa v Sango Patekile Holomisa and Another (2018), the Court found section 7(3) of the Divorce Act, to be unconstitutional as it unfairly discriminated against women married under the Transkei Marriage Act and resulted in unfair distribution of assets between divorcing parties in court.

Read the case: http://www.saflii.org/za/cases/ZACC/2018/40.html

Mahlangu v Minister of Labour (2020)

Ms Maria Mahlangu had been employed as a domestic worker for 22 years when she accidentally drowned in her employer’s pool in the course of performing her duties. Her daughter, Sylvia Mahlangu, approached the Department of Labour to seek compensation for her mother’s death. The Department informed her that she could neither get compensation under Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), nor could she get unemployment insurance benefits.

Sylvia approached the courts to have  COIDA declared unconstitutional to the extent that it excluded domestic workers employed in private households from the definition of ‘employee’. She argued that this exclusion infringed the rights of domestic workers not to be unfairly discriminated against in terms of section 9(3) of the Constitution on the basis of race, sex and/or gender and social origin. The exclusion irrationally differentiated between domestic workers employed in private households and other employees covered by COIDA. 

The Constitutional Court found it unreasonable to exclude this category of workers who suffer from intersecting vulnerabilities based on their race, sex, gender and class. The Court found that COIDA should be extended to domestic workers. The judgment has been hailed as a victory and a significant step forward in the affirmation and advancement of the dignity, status and rights of domestic workers who are largely vulnerable black women. 

Read the case https://collections.concourt.org.za/handle/20.500.12144/36637

Explore the archive

Documents

Mikateko Joyce Maluleke and Thuli Madonsela, (2004), Women and the Law in South Africa: Gender Equality Jurisprudence in Landmark Court Decisions, Department of Justice and Constitutional Development, South Africa.

Read more about the first two women judges who sat on the first bench of the Constitutional Court – Yvonne Mokgoro & Kate O’Regan.

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Here are just some of the women’s movements, campaigns and organisation that have emerged over the last 15 years to fight for the rights of women:

The #RememberKhwezi campaign honours ​​Fezeka Ntsukela Kuzwayo. In 2005, Khwezi accused then deputy President Zuma of raping her. She considered Zuma to be a close family friend and a father figure. Khwezi, who was HIV positive and an Aids activist who identified as a lesbian, faced an incredibly gruelling, invasive and traumatic cross-examination during the trial. Zuma infamously said that he had a shower after having sex with Khwezi.

After Zuma was acquitted of this crime, his supporters threatened Khwezi, and burnt down the home of her mother where she lived. The #RememberKhwezi  movement fought for her justice and gained mass support. On 6 August 2016, during the announcement of the municipal election results, President Zuma’s address was disrupted by a group of four activists staging a silent protest. They held placards bearing the words Remember Khwezi. In 2016, Khwezi passed away in exile. Women honoured her by keeping her memory alive, and assuring the injustice of her life was remembered and fought for.

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One in Nine is a feminist organisation that aims at putting an end to gender-based violence. The name comes from the shocking fact that only one in nine rape victims dares to report the abuse. One in Nine works with survivors, activists and organisations to promote a feminist approach to understanding and ending gender-based violence. It supports rape victims and guides them to get the justice they deserve.

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The Forum for the Empowerment of Women (FEW) is an organisation that gives support and advocacy to black lesbian women in South Africa, as well as the wider LGBTQI+ community worldwide. FEW promotes black lesbian women by empowering them and supporting them against hate crimes and abuse.

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Organisations that defend the rights of transgender and gender diverse communities include Gender Dynamix, Be True 2 Me, and TransFeminists. They emphasise that more advocacy is needed for the transgender community.

Gender Dynamix

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Be True 2 Me

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TransFeminists:

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Women in Action South Africa (WIASA), an organisation concerned with addressing various social issues facing women and the youth in different communities around KwaZulu Natal.

The South African Constitution protects the rights of everyone’s own decision on whether they want to have children or not. South Africans have the rights to safe, effective and affordable methods of contraceptives, and may do as they wish with these methods. However, 30% of South African women still don’t know that they have a right to safe, legal reproductive health services, including abortion. The Constitution recognises that the decision to have children is fundamental to a woman’s physical, psychological and social health, and that complete access to reproductive healthcare services must include family planning and contraception advice (guidance in protecting yourself against unwanted pregnancy), termination of pregnancy (legal abortion), and sexual education and counselling programmes and services.

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#FeesMustFall was a student-led protest movement that began in mid-October 2015. It started as a protest to stop increases in student fees as well as to increase government funding of universities. It gained momentum in the months after the #RhodesMustFall movement students at the University of Cape Town demonstrated for the removal of Cecil John Rhodes, a controversial 19th century imperialist whose statue sat prominently on the campus. 

Fallists were not only concerned with university fees but with challenges to the racist and colonial mindset that still dominated university campuses. They aimed to deconstruct institutional racism at South Africa’s universities drawing on decolonial theories centered on Pan-Africanism, Black Consciousness, and Black radical feminism. 

It spawned many more movements, including those dealing with issues of discrimination of the LGBTQIA community and women, which includes transwomen. For example, the #RUReference announced a list of 11 men who were accused of rape on university campuses nationwide. This furthermore inspired others to come forward, protest, host organised events and workshops in order to educate and inform people about the ongoing patriarchal abuse in South Africa.

EXPLORE THE ARCHIVE

Audio Visual

President Mandela gives his State of the Nation address in Parliament. Mandela ends his address with the words, “Let us all get down to work”.

“We must construct that people-centred society of freedom in such a manner that it guarantees the political and the human rights of all our citizens.”– President Mandela, extract from State of the Nation Address, 24 May 1994

President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.

“There was pride in serving in the first democratic government in South Africa, and then the additional pride of serving under the iconic leadership of Nelson Mandela … [He] represented the hopes of not just our country, but of oppressed, marginalised and the poor in the world.”– Jay Naidoo, then Minister of RDP housing
“We place our vision of a new constitutional order for South Africa on the table not as conquerors, prescribing to the conquered. We speak as fellow citizens to heal the wounds of the past with the intent of constructing a new order based on justice for all.”– President Nelson Mandela, 10 May 1994