Courts or cash? Why justice access matters for women

The Department of Women, Youth and Persons with Disabilities has warned that limited access to justice is a major barrier preventing women from fully participating in South Africa’s economy. The department on Sunday said that while South Africa has a progressive legal framework, many women remain unable to enforce their rights due to systemic obstacles. “Access to justice for women in South Africa remains a critical yet often overlooked driver of economic inclusion,” the department said.

It added that the ability to access courts, legal aid and protection mechanisms allows women to claim labour rights, secure property ownership and challenge discrimination, all key to achieving financial independence. Despite legal protections, the department said many women, particularly in rural and township communities, continue to face barriers such as high legal costs, limited awareness of rights, and geographic inaccessibility. “Structural challenges persist… preventing many women from accessing justice,” it said.

Institutions such as Legal Aid South Africa and the Commission for Gender Equality were identified as playing a crucial role, but the department stressed that these bodies require stronger support and resources to meet growing demand. The department also linked gender-based violence (GBV) to economic exclusion, describing it as both a social and economic crisis. Survivors often face loss of income, job insecurity and long-term financial strain, making it harder to rebuild their lives.

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“Without timely and effective justice, these cycles are perpetuated,” the department said. Legal frameworks such as the Domestic Violence Act were highlighted as essential tools in helping women escape abusive environments and regain economic stability. The realities of the informal economy, where many South African women earn a living, further expose gaps in legal protection, the department said.

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