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In South Africa, the quest for gender equality encounters a significant roadblock in the form of unequal rights to land ownership, particularly in rural areas. Various cultural norms and affordability issues have made land access challenging for women, undermining their economic independence and perpetuating gender-based disadvantages.
A report by the Commission for Gender Equality has scrutinized the prevalent barriers faced by women in three South African provinces: North West, Limpopo, and Eastern Cape. The findings shed light on the patriarchal structures that predominantly favor men's access to communal land. In the Eastern Cape, men own more than twice the amount of land as women, and similar trends are observed in North West and Limpopo.
Naledi Selebano, acting head of research at the Commission, underscores the grim reality that despite the presence of women in community committees, the decision-making largely rests in the hands of male counterparts. Even in cases where women hold leadership positions, societal norms often still require a male relative's authorization for women to participate in land transactions.
The gender bias is stark, as seen in the case of a 30-year-old woman from the Eastern Cape who struggled for seven years to secure a lease for her own farm, only to be impeded by her unmarried status and lack of children—hindrances her brother did not face.
In North West, the traditional and royal hierarchies closely guard land distribution rights, frequently to the detriment of women. Here, land is allocated according to a "pyramid structure," with the first-born male child at the apex, followed by married men and then women, who are often represented by their husbands or male elders.
Women in these communities have voiced their frustration at being marginalized and virtually silenced in decision-making forums, where some feel their role is still confined to domestic spaces.
The Commission's study also reveals nefarious schemes that exploit women seeking land, where stands allocated to them are simultaneously promised to men, banking on the assumption that the men will prevail in disputes. In an act of resistance, younger women are increasingly pushing against these oppressive norms to claim their rightful place in land governance.
The South African Constitution and its associated laws and policies are designed to eliminate discrimination based on sex or race. Nonetheless, cultural traditions continue to present obstacles that restrict women's access to communal land, thus also affecting various other aspects of gender equality.
In response, the Commission for Gender Equality has urged the Department of Agriculture, Land Reform, and Rural Development to introduce and enforce legislative reforms that address the patriarchal and discriminatory practices justified by misinterpreted cultural beliefs.