Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

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Field Value
 
Title Marital Power Finally Obliterated: The History of the Abolition of the Marital Power in Civil Marriages in Eswatini
 
Creator Mavundla, Simangele D
Strode, Ann
Dlamini, Dumsani Christopher
 
Subject Women
Marital Power
Discrimination
Emancipation
Advocacy
Judicial Activism
Eswatini
Swaziland
 
Description Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women.
This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini.
This research work is significant in that it adds to the body of knowledge by recording the origins of women's subjection to marital power and their eventual emancipation in the landmark case of Sacolo v Sacolo (1403/2016) [2019] SZHC 166 (30 August 2019).
 
 
Publisher Faculty of Law, North-West University, South Africa
 
Date 2020-12-08
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer reviewed article
 
Format application/pdf
text/plain
application/epub+zip
 
Identifier https://journals.assaf.org.za/index.php/per/article/view/7504
10.17159/1727-3781/2020/v23i0a7504
 
Source Potchefstroom Electronic Law Journal; Vol 23 (2020); 1-19
1727-3781
 
Language eng
 
Relation https://journals.assaf.org.za/index.php/per/article/view/7504/10760
https://journals.assaf.org.za/index.php/per/article/view/7504/10761
https://journals.assaf.org.za/index.php/per/article/view/7504/10779
 
Rights Copyright (c) 2020 Simangele D Mavundla, Ann Strode, Dumsani Christopher Dlamini
http://creativecommons.org/licenses/by/4.0
 

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