oa De Jure - 2011 (5) SA 453 : revival of a customary marriage previously dissolved by a subsequent civil marriage : recent case law

Volume 45, Issue 3
  • ISSN : 2225-7160



Prior to the coming into operation of the Recognition of Customary Marriages Act 120 of 1988 (RCMA) on 15 November 2000, customary marriages were referred to as "customary unions" and were not recognised as valid (Bakker & Heaton "Co-existence of customary and civil marriages under the Black Administration Act 38 of 1972 and theRCMA 120 of 1998 - the Supreme Court of Appeal introduces polygamy into some civil marriages" 2012 586). As they were not recognised as valid marriages they presented no legal obstacle to the conclusion of a civil marriage during their existence.

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