The Choice on Termination of Pregnancy Act of 1996
The Choice on Termination of Pregnancy Act was passed to recognise women's reproductive health rights and prevent the sometimes fatal consequences of illegal backstreet abortions.
The Act says a woman who wishes to may terminate a pregnancy in the first 12 weeks. From week 13 to week 20, abortion is available if a doctor advises, and after that only if there is risk to the woman or the fetus.
No case concerning abortion has yet come before the Constitutional Court.
The Domestic Violence Act of 1998
The Domestic Violence Act was passed to extend the protection provided by its predecessor, the Prevention of Family Violence Act.
The Act recognises that domestic violence is not a private matter but is a serious crime against society. The legislation broadens the definition of domestic violence to include not only married women and children, but unmarried women who are involved in relationships or living with their partners, people in same-sex relationships, mothers and their sons, and other people who share a living space.
The Acts sets out what police must do when they arrive at a domestic violence scene.
It recognises that abuse may take many different forms: domestic violence, sexual abuse, economic abuse and emotional and psychological abuse.
Victims can lay a criminal charge, get a protection order, get a court order to have the abuser's gun removed and lodge a claim for pain and suffering as well as medical costs. Other remedies may also be available, depending on the exact nature of the abuse.
Maintenance Act of 1998
The new Act, a response to problems with the old maintenance laws, makes some major changes. Maintenance may be automatically deducted from a person's salary. If maintenance is not paid, a magistrate can seize property belonging to the person who is supposed to pay.
The state has to trace people who fail to pay maintenance. Typically it is men and fathers who are obliged to pay maintenance to women and children, but this is not necessarily the case. For an interesting Constitutional Court case on maintenance see Bannatyne v Bannatyne and Another (2002).
Recognition of Customary Marriages Act of 1998
This Act provides for the recognition of customary marriages, specifies the requirements for a valid customary marriage and regulates the registration of customary marriages. It sets out some of the consequences of such a marriage and gives spouses in a customary marriage equal status and capacity. The Act also regulates the dissolution of customary marriages.
This legislation repealed the infamous section 11(3)(b) of the Black Administration Act of 1927, the mechanism that gave married black women the legal status of children.
The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000
The Promotion of Equality and Prevention of Unfair Discrimination Act seeks to advance equality in public and private life. It provides a framework to tackle unfair discrimination, harassment and hate speech, and works towards the transformation of South African society in line with the ideals expressed in the Constitution.
It prohibits unfair discrimination on any grounds, including the 16 explicitly listed in the Bill of Rights.
The Act also provides for the establishment of Equality Courts.