Agnes Sithole: How did she become a hero to thousands of black women in South Africa?
Agnes Sithol is seen as a hero by hundreds of thousands of black women in South Africa. Agnes sued her husband at the age of 72. He was going to sell the house against his will, to stop which he chose the legal route and in the process he got his right by law.
Agnes Sithole married Gideon in the year 1972. He studied with her in high school. But soon his infidelity came to the fore in front of Agnes. Agnes says, “He always had an affair. Sometimes someone, sometimes someone. But it didn’t affect me till the year 2016-2017. But when he decided to sell our property, it made a difference to me.” His usual answer was, “This is his house, his property and I have no right over it.” There was danger of losing the house and then Agnes decided to take the legal route against her husband in 2019. It was not normal for a black woman of her generation to take such a step.
She says, “I was 72 at the time. Where could I go and where would I start? So my only option was to stand against him in a South African court.”
Agnes says it is possible that circumstances made her brave. She says that if such circumstances had not arisen, she would never have even thought of doing it. South Africa: Why Nelson Mandela’s favorite Jacob Zuma went to jail ‘Women didn’t have a choice’ Agnes was married at a time when South Africa was ruled by whites. At the same time, there was only one for married black people in which men had all rights over the property. “At that time women were not given any choice. Women either had to follow this system to get married or they did not get married,” says Agnes. The Matrimonial Property Act was amended in the year 1988. In which women were given equal property rights. However, this required the consent of the husbands of black women.
The application had to be paid for and submitted within a period of two years. “We knew the law had changed and thought it had changed for everyone,” Agnes explains. But later realized that it is not so and after this he decided to fight the legal battle. Why a proposal has stirred up South Africa Hopes for a better life Agnes was born in Vraheed, the coal-mining town of KwaZulu-Natal. In the 1940s there was a clear economic gap between castes across the country Agnes’ father used to clean trains. He used to make tea for white railway officials. Her mother worked in the kitchen. Agnes says, “I was born in a very poor family. My parents were laborers but they were an example for us. “We used to go to church at the end of the week. As I grew up, I learned that Catholics were not really allowed to divorce, even if the relationship was not going well. Where neither of the parents is there. The only thing I knew till that time was this.” Agnes had seen her parents laughing and playing in all the adverse situations and seeing them, Agnes He is determined that he will continue to make his life better.
Agnes trained as a nurse before marrying Gideon, responsible for four children. After that he did the work of selling clothes. Apart from this, he did many other things so that he could fulfill the needs of the house. “I quickly realized that I was all alone,” says Agnes. By that time Agnes had become the mother of four children. She says, “I used to come home from work and then come home and start sewing, buying and selling clothes. I was doing a lot of things at that time because I was determined to send my kids to school no matter what happens. I’ll send it.” She says, “I am hardworking by nature. I have worked hard all my life. Fighting for someone to do something for me is more than what I like to do for myself.”
Agnes’ marriage had come downhill nine years earlier. After coming back from work one evening, he saw that Gideon had gone to live in another room without saying anything. They lived under the same roof but completely different from each other. “We bumped into each other in the corridors, on the stairs or in the parking lot but didn’t talk.” Agnes says that Gideon never spoke to her about her plans to sell the house and it was a shock to her when she found out. Case won, husband forgiven. After realizing that she could be homeless if the house was sold, she filed a case against Gideon in early 2019 citing financial abuse. He argued in his favour that he has also contributed immensely in building this house and raising the family.
Two years later, the Constitutional Court of South Africa commented on a High Court ruling that existing laws discriminated against black couples, and black women in particular. Under this, it was ruled that all marriages before 1988 would be converted into “in community from property”. Which means, women will have to be given equal rights in property. When the decision came, Agnes and her youngest daughter sat in the bedroom watching the action online.
Initially, he did not realize that he had won the case. He was convinced when his lawyer called him and told him about the order. She says, “I was crying with joy. I felt that along with my fight, today hundreds of thousands of those women also got their due.”
Agnes says the decision is certainly culturally and unusual for women of her generation. “For me, winning the case is one of the best things I’ve ever done.” Agnes also forgave Gideon. Although the court proceedings were still going on, in the meantime Gideon also died due to Kovid-19. Two days before his death, he had apologized to his wife and his daughters. Agnes says, “We’ve forgiven them and I’m at peace. I don’t regret anything and most importantly, I’ve completed my marriage.”
