South Africa News

Customary marriages bill amendment goes ahead

Cabinet has approved the amendment of the Recognition of Customary Marriages Act.

The new Bill provides for the equal treatment of women in monogamous and polygamous customary marriages in South Africa.

Women who entered into polygamous customary marriages prior to 1998 will now have joint and equal proprietary rights over marital property with their spouse.

“The whole disadvantage of women having to leave a marriage with only the clothes on their back because that is the customary way or at least it was perceived to be the way of doing it,” said traditional and customary law expert, Professor Thandabantu Nhlapo.

“All of that is now out of the window, protections exist for all women who are married under customary law.”

Nhlapo stated the courts would have to take a leading role in ensuring the protection of women in customary marriages.

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Source: eNCA