Key Points
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Granny reclaims family home after 40-year legal struggle.
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Landmark ruling overturned apartheid-era land ownership law.
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First court case filed under amended women’s land rights law.
Mary Rahube, a grandmother from Mabopane, north of Pretoria, is taking the final legal step to register her family home in her name.
This follows her landmark victory in a Constitutional Court case that overturned apartheid-era land laws preventing black women from owning property.
In 2018, the Constitutional Court ruled in her favor, declaring part of the Upgrading of Land Tenure Rights Act unconstitutional.
The law, born out of apartheid’s sexist and racist legacy, had excluded black women from land ownership.
Rahube, with the support of Louise du Plessis from Lawyers for Human Rights, led the charge that paved the way for women to claim property rights denied for decades.
Now, Rahube will return to the Gauteng High Court in Pretoria. She is asking the court to officially transfer the family home—currently under her brother’s name—into her own.
The home has belonged to her family since the 1970s after they were forcibly removed from Lady Selbourne.
Granny reclaims family home after apartheid law reversal
Although Rahube has lived in the house for over 40 years, apartheid law had listed her brother, Hendsrine Rahube, as the official property holder.
The home was granted to him in 1988 after he was nominated by the family as the certificate holder the year before.
Her brother now opposes this final step in court. Despite her Constitutional Court victory and new legislation amending the law, affected women like Rahube still need to petition the court to receive rightful ownership.
“This is the first application of its kind after the Concourt ruling,” Du Plessis said. She emphasized that, under the new law, courts must still approve property transfers.
Landmark case inspires women’s land rights movement
Rahube’s case is not just personal—it has become symbolic. Her legal journey has inspired women across South Africa who were similarly denied land rights.
Her determination challenged laws that marginalized black women and has set a legal precedent.
Though her journey is nearly complete, her story continues to highlight the struggles of many women in post-apartheid South Africa.
Rahube’s efforts are a reminder that true justice sometimes takes decades—and courage—to achieve.
