Two Major Legal Shifts Coming for South Africa: Divorce Rights and Global Criminal Justice

What South Africans Need to Know About the Upcoming Legal Changes

Big changes are on the horizon for South Africa’s legal landscape. The Department of Justice and Constitutional Development, under Minister Mmamoloko Kubayi, is working on two significant new Bills—one tackling international criminal cooperation and another aimed at modernising outdated divorce laws.

These changes come after a legislative lull following the 2024 general elections, and they signal a renewed push to align South Africa’s legal frameworks with international norms and domestic constitutional rulings.

1. Strengthening Global Justice Ties: The International Co-operation in Criminal Matters Amendment Bill

South Africa is stepping up its game when it comes to international justice. The International Co-operation in Criminal Matters Amendment Bill, now before Parliament, proposes key updates to the original 1996 Act.

Why it matters:

• Virtual evidence allowed: For the first time, the law will allow witnesses to give testimony via audio-visual links—a move that can dramatically reduce state costs and modernise court processes.

• International cooperation extended: The Bill will explicitly enable South Africa to provide assistance to international tribunals and entities, not just other countries. This is crucial for cases involving war crimes, crimes against humanity, and genocide.

Background context:

South Africa’s relationship with the International Criminal Court (ICC) has been under the microscope since its failure to arrest Sudanese President Omar Al-Bashir in 2015, and the Putin BRICS Summit dilemma in 2023. These incidents exposed loopholes in the law, especially around extradition and legal cooperation with entities like the ICC rather than just sovereign states.

What changes:

• Legal clarity around the arrest, detention, and surrender of individuals to entities such as the ICC.

• Provisions to streamline cooperation in prosecuting international crimes.

• Ensures SA meets its international obligations more comprehensively.

Download – INTERNATIONAL-CO-OPERATION-IN-CRIMINAL-MATTERS-AMENDMENT-BILL

2. Fairer Divorce Outcomes: The General (Family) Laws Amendment Bill, 2025

On the domestic front, the Justice Department is preparing to introduce the General (Family) Laws Amendment Bill, 2025, with life-changing implications for spouses in vulnerable financial positions.

What’s the issue?

Spouses married out of community of property without accrual after 1984 have, until now, not had legal recourse to claim a fair share of the estate upon divorce or death, even if they contributed significantly to the household.

This gap in the law was declared unconstitutional in 2023 by the Constitutional Court, leaving the Department of Justice with the responsibility to fix it.

What the Bill will do:

• Amend the Divorce Act to allow for redistribution of assets in cases where spouses were married out of community of property post-1984 but without the accrual system.

• Update the Matrimonial Property Act of 1984 to include marriages dissolved by death.

• Clarify and expand the Family Advocate’s role under the Mediation in Certain Divorce Matters Act of 1987.

Who benefits?

These changes are especially significant for women who’ve sacrificed careers to raise families, or spouses who have made non-financial contributions to the household but are legally entitled to nothing under the current framework.

Download – EXPLANATORY-SUMMARY-OF-THE-GENERAL-FAMILY-LAWS-AMENDMENT-BILL-2025

The Bigger Picture: A Shift Towards Legal Modernisation and Equity

These two Bills reflect a broader evolution in South African law, one grounded in fairness, compliance with international law, and technological progress.

While technical on paper, they have real-world implications:

• A modern justice system that can handle international criminal cooperation with the same efficiency as global peers.

• Divorce laws that no longer punish loyalty or long-term sacrifice, especially among the financially vulnerable.

What’s Next?

• The International Co-operation in Criminal Matters Amendment Bill is already before Parliament and undergoing the legislative process.

• The General (Family) Laws Amendment Bill is expected to be published and introduced in 2025.

Both could be signed into law within the next year, pending public comment, debate, and legislative approval.

South Africa is catching up, with the world and with its own constitutional promises. Whether you’re a legal practitioner, a citizen in a complicated marriage, or simply someone who values justice, these changes are worth watching.

Because in law, just like in life, clarity and fairness should never be negotiable.

{Source: BusinessTech}

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