African Women 
bibliographic database
| Previous page | New search |
The free AfricaBib App for Android is available here
 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | The Reform of Customary Marriage Law in South Africa |
| Author: | Bennett, T.W. |
| Year: | 2000 |
| Periodical: | Recht in Afrika = Law in Africa = Droit en Afrique |
| Issue: | 1 |
| Pages: | 1-24 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | customary law family law marriage law Law, Human Rights and Violence Women's Issues Peoples of Africa (Ethnic Groups) Law, Legal Issues, and Human Rights Cultural Roles Marital Relations and Nuptiality |
| Abstract: | Under South Africa's apartheid regime, the country's various systems of African customary law suffered a long period of neglect. When the Interim Constitution was promulgated in 1993, customary law received long overdue recognition. However, not only was the official version out of step with social practice but, when the Bill of Rights came into effect, it was also in conflict with the prohibition on gender discrimination. The South African Law Commission intervened to propose solutions and it started with a report on the reform of customary marriage, in which it recommended full recognition of all existing marriages (including polygynous unions), a set of minimum requirements for future marriages, equality of status for spouses and a requirement that all divorces be processed in family courts. Most of the recommendations were accepted by Parliament and enacted as the Recognition of Customary Marriages Act of 1998. This article provides a critical commentary on the legislative history of the Act and its provisions. The text of the Recognition of Customary Marriages Act is included (p. 97-103). Notes, ref., sum. |
