oa De Jure - [2013] ZACC 14
The effect of lack of consent of a spouse of a customary marriage on the validity of a further or subsequent customary marriage of her husband : recent case law

Volume 46, Issue 4
  • ISSN : 2225-7160



The effect of failure to comply with the provisions of section 7(6) of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) on the validity of a subsequent or further customary marriage has been finally settled by the Constitutional Court in ([2013] ZACC 14), which will hereinafter be referred to as . The court held that failure to comply with these provisions did not lead to the invalidity of a subsequent or further customary marriage and that the said marriage must be regarded as being out of community of property ( 41 par 83). It was further held that the consent of an existing first wife of a customary marriage was a requirement for the validity of the second or further customary marriage, that is, in the absence of such consent, the subsequent customary marriage wold be invalid ( 21 par 41).

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