Muslim and Hindu marriages
Muslim and Hindu marriages are not recognised by law as they can be polygamous, which means the man can marry more than one wife, which
May 9, 2014
CUSTOMARY LAW ARTICLES
African marriages and antenuptial contracts
Customary law marriages are governed by customary law, the Recognition of Customary Marriages Act and the Matrimonial Property Act. In terms of these acts, marriages
May 9, 2014
Civil and Customary Marriages
Is a civil marriage concluded subsequent to a customary marriage valid or not? Source: DAVE WILLIAMS, COUNCILLOR: LIMPOPO LAW COUNCIL (with full credit to Mr Allen West) Is
May 9, 2014
African customary marriages
When Africans marry, you can choose to marry by African customary law OR by the ordinary civil law of the land. An African customary marriage
May 9, 2014
Victory for equality in customary marriage judgment
The Durban High Court declared section 7(1) of the Recognition of Customary Marriages Act inconsistent with the Constitution Victory for equality in customary marriage judgment
May 8, 2014
Wives win right to property in customary marriages
The Constitutional Court declared on 8 December 2008 that a KwaZulu-Natal woman married in customary law was entitled to property accumulated before she and her
May 8, 2014
Judge rules for customary wife
As the deceased had maintained contact with his customary wife, he had never intended to desert her or terminate their customary union, which rendered his
May 8, 2014
Proprietary consequences of customary marriages
Section 7 of the Recognition Of The Customary Marriages Act Source: MARISSA BEYERS, PRO BONO COORDINATOR, LAW SOCIETY OF NORTHERN PROVINCES Section 7(6) of the
May 8, 2014
Customary law adoptive parents liable for child maintenance
In the case of Maneli v Maneli handed down on 19 April 2010 the South Gauteng High Court ruled that children adopted through Xhosa customary
May 8, 2014
Maintenance In Terms Of Customary Law Adoption – Maneli V Maneli
An adoptive father has a legal duty to maintain the minor child he and the applicant adopted in terms of Xhosa customary law Source: Marissa
May 8, 2014
ConCourt rules customary inheritance laws unconstitutional
The Constitutional Court has declared laws governing primogeniture – which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid. In a landmark ruling
May 8, 2014
The Reform or Customary Law of Succession and Regulation of Related Matters Act
Act 11 of 2009, gives effect to the decisions of the Constitutional Court in Moseneke and Bhe (and other customary law of succession matters). Amongst
May 8, 2014