South Africa set to introduce TWO major new laws
The Department of Justice is expected to open public comment on the bills later this month through its website and parliamentary channels.
South Africa’s justice system is set for major reform as Parliament reviews two landmark Bills—one focused on international fugitives and the other set to overhaul divorce law.
Under the leadership of newly appointed Minister Mmamoloko Kubayi, the Department of Justice and Constitutional Development has introduced legislation designed to bring South Africa’s legal system in line with global standards and tackle domestic inequalities in family law.
Cracking down on international fugitives
The International Co-operation in Criminal Matters Amendment Bill lies at the core of the reform, enabling South Africa to fully collaborate with international bodies like the International Criminal Court (ICC), a gap that high-profile cases involving leaders such as Omar al-Bashir and Vladimir Putin previously exposed.
The bill allows foreign witnesses and experts to provide testimony via audio-visual technology, modernising a system that has relied solely on in-person procedures since 1996.
This shift is expected to speed up investigations, cut costs, and improve accessibility.
More importantly, the bill empowers South African authorities to arrest and extradite individuals at the request of international organisations—not just sovereign states—closing a major legal loophole that once placed the country in a grey area during global diplomatic disputes.
Divorce reform for thousands of spouses
Parallel to the international law changes, the General (Family) Laws Amendment Bill, 2025 aims to correct decades of inequality for South Africans – particularly women – trapped in unfair matrimonial regimes.
The proposed legislation will allow for a fair redistribution of assets in divorces where couples were married out of community of property and without the accrual system introduced in 1984.
It will also allow for redistribution claims when a spouse dies – an option previously unavailable under the law.
These changes follow a 2023 Constitutional Court ruling that found the existing marriage laws to be unconstitutional, citing unfair economic consequences for non-working or caregiving spouses.
Support for vulnerable spouses
The bill will further amend the Mediation in Certain Divorce Matters Act, expanding the role of the Family Advocate to better protect financially vulnerable individuals during divorce proceedings.
This marks a move toward holistic family support, especially in cases involving older women who were unaware of the financial risks associated with their marriage contracts.
Next steps
Both bills are now on a legislative fast track, although public consultations and parliamentary debate are expected in the coming months.
Legal experts have hailed the proposals as long-overdue, noting their potential to enhance justice, accountability, and fairness across the board.
“These changes represent a critical step in modernising our legal system,” said one Johannesburg-based family law attorney.
“We are finally giving voice to those previously sidelined – both in global justice and at home.”