Abstract
Customary marriages have been officially regulated by the Recognition of Customary Marriages Act for the last 23 years. The South African legislature is currently investigating whether all marriages in South Africa should be regulated by a singular Act including customary marriages concluded under traditional African customary law. The intention of the legislature is to include the regulation of marriages in all cultural and religious communities under one Act. The study investigates what has been done in the last 23 years to promote women’s rights under the Recognition of Customary Marriages Act and whether the measures were sufficient. The paper analyses whether a singular marriage Act as proposed by the legislature will be sufficient to advance women’s rights in traditional communities in South Africa.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Community Diversity and Governance
KEYWORDS
African Customary Marriage, Legal Pluralism, Family Law
