The traditional practice of polygyny, whereby only a man is allowed to marry more than one
wife in a customary marriage, has long been perceived to be an offender of women's rights …

Abstract Since the Recognition of Customary Marriages Act 120 of 1996 was promulgated in
15 November 2000 the courts are faced with the daunting task to determine whether a …

The introduction chapter provides a framing of the book and a reading of the historiography
and contemporary scholarship on gender, generation and custom in South Africa. The …

This article reviews the principal developments which have shaped and continue to shape
South African family law over the last decade. We propose that under the Constitution of the …

Abstract In South Africa marriage was a key site of colonial legal pluralism. Family formation
and marriage were central to upholding boundaries between colonial and local normative …

Abstract The Recognition of Customary Marriages Act 1998 (the Act) regulates all matters in
relation to customary marriages in South Africa. The Act was specifically enacted to …

Firstly, this contribution opts for the words" integration of the bride" rather than" handing over
of the bride" during customary marriages. It is argued that the term" handing over of the …

During the colonial and apartheid era, indigenous people of South Africa, predominantly the
black majority conducted their marriages under their customary and traditional laws …

Abstract Post-apartheid South Africa committed to the political and cultural recognition of
ethnic minorities. The commitment was instilled in the Bill of Rights of 1996, the United …

Constitutional recognition of Indigenous peoples around the world assumes many forms.
The nature of that recognition is often informed by the way the settler state recognizes …