n Tydskrif vir die Suid-Afrikaanse Reg - To be or not to be : does this question still arise? : aantekeninge

Volume 2013, Issue 4
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Some years back, two articles with the titles "Civil marriage and customary union - 'To be (valid) or not to be (valid) that is the question'" (Mafubelu 1981 573) and "Protection of a customary union wife" (Mqeke 1980 597) which commented on the validity of an existing customary marriage when a husband to such marriage had contracted or entered into a civil marriage were published. Other articles appeared during this period which pleaded for the recognition of the then so-called customary union as a valid marriage in South African law (Dlamini "Recognition of a customary marriage" 1982 593; Maithufi "Causing the death of a breadwinner - the customary marriage widow's problem" 1986 555; Labuschagne "Erkenning van die inheemse huwelik" 1991 843). This debate was sparked by the failure of South African law to recognize certain types of marital relationships, in particular customary marriages, as valid marriages.

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