n Tydskrif vir die Suid-Afrikaanse Reg - The co-existence of customary and civil marriages under the Black Administration Act 38 of 1927 and the recognition of Customary Marriages Act 120 of 1998 - the Supreme Court of Appeal introduces polygyny into some civil marriages
2011 5 SA 453 (SCA) : regspraak

Volume 2012, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



In South African law, civil marriages are monogamous. Thus, as a rule, a party to an existing civil marriage may not enter into another marriage regardless of whether the subsequent marriage is a civil marriage, a customary marriage or a marriage (or civil partnership) under the Civil Union Act 17 of 2006. Any marriage (or civil partnership) concluded in violation of this rule is invalid. These rules have been confirmed by the legislature and the courts, and are straightforward and easy to apply (see s 8(3) of the Civil Union Act 17 of 2006; 2 NAC 167 (1911) 169; 1917 AD 302; 1970 BAC 76 (S) 77; 1981 AC 42 (S) 77; 2008 4 SA 12 (D)).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error