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Section 3(1)(b) of the Recognition of Customary Marriages Act too open for interpretation to be a requirement

Lijane v Kekana and Others (GJ) (unreported case no 21/43942, 3-1-2023) (Wilson J) The Recognition of Customary Marriages Act 120 of 1998 (the RCMA) provides for the requirements of valid […]

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Does the Recognition of Customary Marriages Amendment Act discriminate against women’s marital property rights?

The Recognition of Customary Marriages Amendment Act 1 of 2021 (the RCMAA) came into operation on the 1 June 2021. It amends s 7(1) of the Recognition of Customary Marriages […]

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Dissolving an unregistered Customary Marriage

After the conclusion of the customary marriage, it is likely that the parties in a customary marriage do not register their marriage as it could take weeks, months, or years, […]

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Amendments to note in the Recognition of Customary Marriages Act

For the past few months, the statistics from the De Rebus website have shown that the topic of customary marriages is one of the most read in the journal. De […]

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Understanding customary marriages – it is not as straight forward as it seems

The topic of customary marriage under South African law has been debated and considered extensively through different media and lately it has been the subject of debate on television and […]

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Introducing the bride – when is a customary marriage deemed to have been condoned by the families?

One of the main aims of the Recognition of Customary Marriages Act 120 of 1998 (the RCMA), is to specify the requirements of a valid customary marriage. Section 1 of […]

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Customary marriages: The woman’s right to maintenance and property ownership

The focus on gender equality, in particular the rights of women in South African society, has come under the spotlight to the extent that amendments to current legislation is being […]

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The Recognition of Customary Marriages Act and the practice of lobola through the lens of the SCA

Tsambo v Sengadi (SCA) (unreported case no 244/19, 30-4-2020) (Molemela JA (Maya P, Mbha, Zondi JJA and Mojapelo AJA concurring)) Envisage this: Your partner asks for your hand in marriage, […]

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Does the non-registration of customary marriage affect its validity?

The Recognition of Customary Marriages Act 120 of 1998 (the Act) brought about fundamental changes to the legal position of a customary marriage in South African law. The Act ensured […]

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Application for the extension period for the declaration of constitutional invalidity of s 7(1) of the Recognition of Customary Marriages Act

Minister of Justice and Correctional Services v Ramuhovhi and Others (CC) (unreported case no CCT 194/16, 26-11-2019) (Mhlantla J (Khampepe ADCJ, Froneman J, Jafta J, Madlanga J, Majiedt J, Mathopo […]

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