Since the promulgation of the Constitution of the Republic of South Africa, 1996, our country has been declared to be a democratic state and in remedying the previous discrimination and […]
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Sedinyane v Malatji and Others (LP) (unreported case no 10756/2023, 8-8-2024) (Monene AJ) ‘Entreat me not to leave you, or to turn back from following after you, for wherever you […]
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JRM v VVC and Others (GP) (unreported case no 25007/2022, 10-6-2024) (Marumoagae AJ) An antenuptial contract in its literal meaning, is a marriage contract that is entered into by a […]
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Mashisane v Mhlauli (SCA) (unreported case no 903/2022, 14-12-2023) (Weiner JA (Mbatha, Mothle, Hughes JJA and Keightley AJA concurring)) ‘Culture is not just a set of customs; it’s a vital […]
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By Prof Fareed Moosa Rule 43 of the Uniform Rules of Court was promulgated in GN R48 GG999/12-1-1965 and has largely remained untouched. In S v S and Another 2019 […]
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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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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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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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Customary law has – for decades – dealt with the standards in communities and each community has practiced these long established customs in each area. With the dawn of the […]
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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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