n South African Law Journal - The nature and future of customary law : notes

Volume 126, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The Constitutional Court has discussed the nature and future of customary law (also referred to as 'indigenous law') in a number of cases, the most recent being 2009 (3) SA 152 (CC) (). In this case it was decided that all monogamous-in-fact customary law marriages are to be treated as equal to marriages in South African general (common) law. On this last mentioned term see the section on 'Terminology' in my case note entitled 'The Constitution and customary law' (2009) 126 39. The other cases are 2004 (5) SA 460 (CC) (); Amicus Curiae); 2005 (1) SA 580 (CC); () and 2009 (2) SA 66 (CC) ().

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