South Africa’s justice system is on the brink of significant reform as two landmark Bills – one targeting international fugitives and the other revolutionising divorce law – make their way through parliament.
The Department of Justice and Constitutional Development, under newly appointed Minister Mmamoloko Kubayi, has introduced legislation aimed at aligning South Africa’s legal framework with global standards while addressing domestic inequities in family law.
Cracking down on international fugitives
At the heart of the reform is the International Co-operation in Criminal Matters Amendment Bill, which will allow South Africa to fully cooperate with international bodies such as the International Criminal Court (ICC) – a gap previously exposed in high-profile cases involving leaders like Omar al-Bashir and Vladimir Putin.
The bill introduces audio-visual testimony from foreign witnesses and experts – modernising a system that, since 1996, has relied solely on in-person procedures.
This change is expected to speed up investigations, reduce costs, and enhance accessibility.
More significantly, the bill gives South African authorities the legal standing to arrest and extradite individuals at the request of international bodies, not just sovereign states.
This closes a critical loophole that previously left the country in murky legal waters during global diplomatic stand-offs.
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.”
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