The historical judgment was handed on 23 February 2010 by Justice Qinisile. M. Mabuza in a case of Mary Joyce Doo Aphane vs the state in which she contested the denial by Section 16 (3) of the Deeds Registry Act 37/1968 of women married in community of property to register title in their own names.

The judgement effectively redresses 42 years of injustice and subordination of women married in community of property. It also weakens all laws that still regard women as minors.

Ms Aphane’s battle began on 24 November 2008, when she and her husband entered into a deed of sale to buy title deed land in Mbabane, Swaziland and wanted both their names as purchasers registered. The application was not allowed as it contravened some provision found in the Deeds Registry Act. Aphane fought the act on the basis of the Constitution of the Kingdom of Swaziland 101/2005 Section 20 and 28 which secures the equality of all in the eyes of the law.

This is the first case in Swaziland which tested the effectiveness of the Constitution in protecting women’s rights.

Following the judgement, Ms Aphane said: “This case was not just about me. It was about all the women of Swaziland. Women who are married in community of property will now be able to stand on their own. My husband was very supportive and he understood the importance of this battle.” Aphane called on women in Swaziland to use this judgement to their advantage and work to remove all laws that are discriminatory to women.

"These victories will be necessary as we move from words and signatures to action." commented Matrine B. Chuulu, regional coordinator for Women and Law in Southern Africa (WLSA).