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The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences ...
Three laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of ...
In respect of marriage, the first democratic Parliament passed the Recognition of Customary Marriages Act of 1998, which codified and reformed the law of African customary marriages, including polygynous marriages. The Act defines customary law broadly, as including all "the customs and usages traditionally observed among the indigenous African ...
In 2011, the Department of Home Affairs registered 167,264 marriages under the Marriage Act, 5,084 customary marriages under the Recognition of Customary Marriages Act, and 867 marriages or civil partnerships under the Civil Union Act. In the same year 20,980 divorces were reported.
Polygamy is legal under certain circumstances in South Africa. All polygamous marriages entered into in accordance with the provisions of the Recognition of Customary Marriages Act are legal. The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal.
Customary marriages are those concluded in accordance with customary law, which is defined in the Recognition of Customary Marriages Act [56] as "the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples." [57]
Prohibition of Mixed Marriages Act, 1949; R. Recognition of Customary Marriages Act, 1998 This page was last edited on 26 June 2023, at 17:17 (UTC). Text is ...
These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of 2006), [a] which provides ...