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This article is part 2 of a series where our attorneys debunk some myths on customary marriages. There are many myths and opinions in public discourse with regards to the principles surrounding customary marriages.
The Recognition of Customary Marriages Act 120 of 1998 sought to formalize and attach legal effect to customary marriages in South Africa, as well as to bring certainty on how such marriages can achieve formal status. Indigenous customs in South Africa are so vast that it would have been difficult to harmonize all of them into one single accepted code. This is evident from the wording of section 3(1)(b) of the Act. The question then becomes, does this pull against legal certainty?
The regulation of customary marriages in South Africa has come a long way, and continues to be on a path of continuous development. Indeed, societal norms and aspirations evolve with time, rendering the necessity for certain rules and principles to adapt to the changing needs of that particular society. In fact, in the landmark case of Gumede v President of the Republic of South Africa [2008] ZACC 23 the Court stated that,
Customary marriages in South Africa are regulated under the Recognition of Customary Marriages Act 120 of 1998 (RCMA). The RCMA provides that for a customary marriage to be deemed as legally valid and binding, the requirements provided in Section 3 must be complied with.
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