Customary Marriages In South Africa Explained
What is the meaning of customary marriage?
Customary law refers to customs and usages traditionally observed by indigenous people. Accordingly, “customs” refers to acts developed through repetition over a long period of time. In South Africa, customary marriages are defined as union-negotiated, celebrated, and concluded under indigenous African customary laws.
What is Customary marriage in South Africa?
In South Africa, customary marriages are governed by the Recognition of Customary Marriages Act 120 of 1998 (hereinafter referred to as the Act). The primary purpose of the Recognition of Customary Marriages Act is to acknowledge and recognise the customary marriages of black South Africans, which marriages have been and are to be entered into in accordance with the indigenous customs of the parties to the marriage.
Is lobola Customary Law?
Lobola is defined as property in cash or in-kind that a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage. This is a common practice amongst the indigenous people. However, lobola itself is not a marriage but rather a part of the marriage process under customary law.
What is the difference between customary and civil marriage?
Contrary to civil marriages, customary marriages are entered into through a series of different events, including, amongst others, paying lobola, celebrating, and handing over the bride. Furthermore, customary marriages are automatically in community of property, save for if the parties enter into an antenuptial contract before the conclusion of the wedding.
While a civil marriage has to be monogamous in nature to be valid, polygamy is permissible in customary marriages. A customary marriage does not only include two people, but it extends to their respective families. Thus, marriage, in terms of customary law, is seen as a familial matter which does not require an officiator to be regarded as valid.
What are the rules of customary marriages?
The most important rule is that the husband must obtain consent from his wife to enter into another customary marriage.
Our courts have in the past invalided marriages where the deceased husband in a customary had purported to conclude a further customary marriage with another woman without the consent of his first wife.
What rights does a customary wife have?
A wife in a customary marriage has equal powers and shares in the marriage’s property. The property includes land, houses, cattle, and businesses. If the spouses are married in community of property, a husband cannot sell any of the marital property without his wife’s consent, and the wife cannot sell anything without her husband’s consent.
Book A Consult With Specialist Customary Marriage Lawyers In South Africa Today
Customary marriages have a long and rich history in South Africa and are an essential part of many communities. While they face many challenges, they are a legally recognised form of marriage that allows people to uphold their cultural traditions and beliefs. Contact PM Attorneys’ customary marriage lawyers to ensure that your customary marriage meets the legal requirements, rights, and obligations in terms of the law in South Africa.