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[5] The Northern Republics of South Africa (Transvaal and the Free State) were less inclined to allow or accommodate a system of African customary law that was separate to the Republican law. [14] The British defeat by the Zulu in 1879 and the Zulu rebellion of 1906 had profound effects on South African law and customary law in Natal. [15]
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 ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. Zimbabwe: Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).
In South Africa, where the custom of lobolo is widely practiced, the union was previously concluded in terms of customary law, but is now governed under the Recognition of Customary Marriages, 1998 (Act 120 of 1998) (RCMA) [1] and has the following prerequisites in order for a marriage to qualify under customary law:
Since 1998 the law has recognised marriages, including polygynous marriages, conducted under African customary law, [2] as well as religious laws such as Islamic law. In 2006 the South African constitutional court ruled in favour of recognizing same-sex marriage . [ 3 ]
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 ...
Comparatively, the primary sources of South Africa law were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism, which is sometimes termed Anglo-Dutch law. Hence, pluralistic systems were devised by nations that combined the customary law, inherited penal codes and religious laws depending on the ancestral ...