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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 ...
The "Shepstone system" enforced a "patriarchal arrangement" of hierarchy and became the foundation of policy for dealing with indigenous peoples in South Africa for many decades afterwards. [11] In 1847, the Natal Commission found that any "African law which was not incompatible with Roman-Dutch law would have to be used for the time being."
Africa has a population of over 1.4 billion people spread throughout 54 countries. [1] The large size and extreme diversity of the continent leads to enormous diversity among the marriage ceremonies and traditions that take place. Marriage ceremonies throughout Africa vary greatly depending on the faith of the individuals.
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 ...
The South African Marriage Act #25 of 1961 (SA) came into force in Namibia on 1 February 1972 when the Marriage Amendment Act, 1970 was brought into force in South West Africa. Men and women of full age have the right to marry and to be found a family. They shall be entitled to equal rights as to marriage, during the marriage, and at its ...
In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. [1] However, the majority of marriages in Zimbabwe are customary; the relevant African Marriages Act of Zimbabwe recognises both polygamous and "potentially polygamous" unions. Most of these customary marriages are unregistered.
African customary law is derived from the traditional customs and practices of the various indigenous groups of Africa. [20] Due to the diversity of traditional practices originating from many tribal populations, African customary law is not a uniform set of customs of any given country, rather there are variations between regional areas ...
The Prohibition of Mixed Marriages Act, Act No. 55 of 1949, was an apartheid-era law in South Africa that prohibited marriages between "whites" and "non-whites". It was among the first pieces of apartheid legislation to be passed following the National Party 's rise to power in 1948.