Property and access: Inequality of land relations and the continued vulnerability of women

Author: Z T Boggenpoel

ISSN: 1996-2177
Affiliations: Professor in Private Law, Stellenbosch University
Source: South African Law Journal, Volume 140 Issue 2, p. 387-412


This article foregrounds the interplay between property and access from the perspective of those on the margins of property law, focusing specifically on women. The aim is to identify several instances where women are still in vulnerable positions despite a constitutional and/or legislative framework that purports to be progressive regarding gender equality and advancing women’s land rights. The article challenges the belief that individual wins in some court judgments are enough to proclaim the strengthening of women’s land rights. In this respect, it is important to consider whether a picture emerges that moves women away from the periphery towards the centre of property law.