But, no matter how we celebrate love and commitment in all its diversity, getting married is always a legal affair. South Africa observed that "although a number of text books exist and there is a considerable body of precedent, courts today have to bear in mind the extent to which indigenous law in the pre-democratic period was influenced by the political, administrative and judicial context in which it was applied. The family argued that the bride’s clan didn’t pay lobola and she wasn’t officially “handed over”. Customary law is fluid, and changes over time and among different groups of people. Often, the wedding celebrations don’t take place for a while after the lobola negotiations and payment has been settled (in part or full). 2.

Apart from the requirements mentioned that the marriage must be negotiated, celebrated and concluded in terms of customary law, there are other legalities. South African laws don’t just recognise and protect civil marriages, but also customary marriages as long as specific requirements are met as set out in what is known as the Customary Marriages Act 120 of 1998. Children also benefit as they will be able to inherit from the mother as well,” said Minister Jackson Mthembu. South African laws don’t just recognise and protect civil marriages, but also customary marriages as long as specific requirements are met as set out in what is known as the Customary Marriages Act 120 of 1998.


Send us your details and one of our consultants will be in touch, LIPCO Group (Pty) Ltd, Authorised FSP: 7508, Policies sold by LIPCO Business (Pty) Ltd, Authorised FSP 43170, Products underwritten by ABSA Insurance Company Ltd. Post-Apartheid and Living Law Perspectives by C. Himonga and T. Nhlapo, T., (eds.). While many African cultures in South Africa require the exchange of lobola or magadi, the wedding celebrations differ from community to community and could include song and dance, the slaughter of cattle, exchange of gifts and welcoming the bride into her new family. PDF | On Sep 2, 2016, Michael K. Musgrave published African Customary Law in South Africa. For some, a traditional wedding might mean a fancy white dress and a long walk down the aisle, while for others, it is more of a colourful celebration of heritage and age-old African customs. African Customary Law is one of the world legal families used and respected by many African communities. To register a customary marriage, the couple needs to take the following to Home Affairs: Keep in mind that failing to register a customary marriage does not invalidate the nuptials, but it is highly advisable to get one in case any disputes end up in a court of law. 2015. In 2018, Lerato Sengadi, widow of local hip-hop star HHP, found herself in a legal battle with her late husband’s family, who claimed that they didn’t consider her his widow since certain rituals weren’t completed.

This means that all the assets and debts from before the marriage are shared in a joint estate between spouses.

Customary law has been defined as

Be sure to have a look at LAW FOR ALL’s comprehensive policies. What’s more, a customary marriage must be registered at the Department of Home Affairs within three (3) months of all the proceedings. From a legal perspective this is critical because should the couple get divorced or a spouse pass away, it could be challenging to prove that the couple legally married. The African customary law relating to intestate succession has always been known to discriminate against women. Customary law, prior to colonialism, had its "sources in the practices, traditions and customs of the people." Essentially, the amendment will give women who entered into a customary marriage before 1998 equal marital property rights. A customary marriage is automatically considered to be in community of property. The couple must be consenting adults (over the age of 18) and not already in a civil marriage.

Copies of IDs and a lobola agreement letter, if available; A representative of each of the families. It is one of the most advancing areas of legal research and a platform for modern legal debates among jurists and legal researchers. By definition, a customary marriage is a union that is negotiated, celebrated and concluded in terms of indigenous African customary law. A marriage certificate will serve as written proof of the couple’s marital status. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law.

Customary law does allow polygamy, but the groom will only be allowed to legally marry another bride if the High Court has given an order that regulates the matrimonial property system of the marriages. When couples are married in community of property, their separate estates are combined, and each spouse loses the right to dispose of assets as they wish or acquire debt without the others knowledge and consent.
Getting married has different meanings to different people in South Africa. South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Modern South African law comprises a conglomeration of so-called transplanted laws made up of a mixture of Roman-Dutch law and English common law, 1. as well as indigenous laws, referred to as customary law. law in South Africa.

This means that husbands will no longer have exclusive proprietary rights over marital property to the detriment of their wives. Should they want to be married out of community of property, an ante-nuptial agreement must be signed BEFORE the ceremony; otherwise, they would have to approach the High Court. “Spouses will now have joint and equal proprietary rights over marital property. What is a Customary Marriage in South Africa? However, the judge ruled in favour of Sengadi, stating that the lobola was fixed, and the couple met all the requirements under the Customary Marriage Act.

Sign up today! While paying lobola is essential, it is also important that the necessary traditional rituals and celebrations take place as soon as possible. The reality is that families need time to save up enough money for the big day. CHARACTERISTICS OF AFRICAN CUSTOMARY LAW Unwritten: Their law was not recorded in written legal sources (i.e.

The African Customary Law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa.

The precise number

LAW FOR ALL’s experienced lawyers can provide legal advice and guidance on which marital system is best, the drawing up of ante-nuptial contracts and divorce proceedings. and customary law, making South Africa a legal pluralist stateii.1 Customary law is derived from social practices that the community accepts as obligatory.2 While many South Africans live according to customary law, the law (or norms) regulating the lives of people will vary across communities, ethnicities and provinces. On 30 July 2019, Government passed a new bill to provide equality for women in monogamous or polygamous customary marriages in South Africa.

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