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Journal articles on the topic 'Common Law Marriage – South Africa'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Rautenbach, Christa, and Willemien du Plessis. "African Customary Marriages in South Africa and the Intricacies of a Mixed Legal System: Judicial (In)novatio or Confusio?" Symposium: Mixed Jurisdictions 57, no. 4 (2012): 749–80. http://dx.doi.org/10.7202/1013030ar.

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South Africa has a mixed legal system comprised of transplanted European laws (the core being Roman-Dutch law, subsequently influenced by English common law) and indigenous laws, referred to as customary law. This mix is also evident in South Africa’s marriage laws, which can roughly be divided into two categories: civil marriages or unions, and African customary marriages. Since 1994, the developments in these two categories of marriage have been revolutionary. The case law reads like a jurisprudential chronicle of factual situations never contemplated by the legislator, and the judiciary mus

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2

Osman, Fatima. "The Consequences of the Statutory Regulation of Customary Law: An Examination of the South African Customary Law of Succession and Marriage." Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–24. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7592.

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In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory regulation on unwritten systems of law in the South African legal context. It argues that the constitutional recognition of customary law in South Africa has forced the state to legislate in this arena, the most notable enactments being the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 o

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3

Rautenbach, Christa. "Some comments on the current (and future) status of Muslim personal law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 95. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2852.

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The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts.The non-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Mu

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4

Rautenbach, Christa. "Muslim personal law and the meaning of "law" in the South African and Indian constitutions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 2, no. 2 (2017): 50. http://dx.doi.org/10.17159/1727-3781/1999/v2i2a2895.

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The Muslim population of South Africa follows a practice which may be referred to asMuslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution,

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5

Klausen, Susanne M. "‘The Trial the World is Watching’: The 1972 Prosecution of Derk Crichton and James Watts, Abortion, and the Regulation of the Medical Profession in Apartheid South Africa." Medical History 58, no. 2 (2014): 210–29. http://dx.doi.org/10.1017/mdh.2014.6.

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AbstractAfter its formation in 1910 as a self-governing dominion within the British empire, the Union of South Africa followed a combination of English and Roman-Dutch common laws on abortion that decreed the procedure permissible only when necessary to save a woman’s life. The government continued doing so after South Africa withdrew from the Commonwealth and became a republic in 1961. In 1972 a sensational trial took place in the South African Supreme Court that for weeks placed clandestine abortion on the front pages of the country’s newspapers. Two men, one an eminent doctor and the other

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6

Sonnekus, JC. "Aantekeninge: Verlowingsbreuk of troubreuk is geen egbreuk nie maar slegs nog in sommige moderne sosiale gemeenskappe as onregmatige daad erken?" Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 327–45. http://dx.doi.org/10.47348/tsar/2021/i2a7.

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Breach of promise by a betrothed is not met with the same sanctions as breach of contract. The disappointed previously engaged party cannot approach the court for an order against the other party for specific performance. The erstwhile future spouse cannot be compelled to enter into the envisaged marriage relationship notwithstanding the doubt that surfaced about the everlasting joyous nature of this union. For the same reason, no claim for positive interest as damages will be honoured by a court. The deserted betrothed cannot claim half of the estate of the other party because she was under t

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7

Bonthuys, Elsje. "A Duty of Support for All South African Unmarried Intimate Partners Part 2." Potchefstroom Electronic Law Journal 21 (October 30, 2018): 1–36. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4411.

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Part I of this two-part article argued that post-constitutional developments of the right to support have excluded the largest and most vulnerable sector of South African women – African women in invalid customary marriages and in intimate partnerships which do not resemble monogamous Western nuclear households. Part II explores the avenues to develop customary and common law to extend rights to support to these women. It argues that the current position discriminates against poor, rural African women on multiple intersecting grounds, which creates a duty for courts to develop the current lega

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8

KAGANAS, FELICITY. "RAPE IN MARRIAGE - LAW REFORM IN SCOTLAND AND SOUTH AFRICA." "International Journal of Law, Policy and the Family" 4, no. 3 (1990): 318–27. http://dx.doi.org/10.1093/lawfam/4.3.318.

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9

Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.

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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of

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10

Maré, C. "Gesinspolitiek en die ouer-kind verhouding." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 223. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2903.

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The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a decision making process was required. The child and her parents’ individual interests can generate conflict where decisions have to be made regarding various questions, for example: which church the child should attend and or whether she should attend any church; which school a child should be enrolled in; with whom the child may associate and with whom not; if the child may use

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11

Barker, Nicola. "Ambiguous symbolisms: recognising customary marriage and same-sex marriage in South Africa." International Journal of Law in Context 7, no. 4 (2011): 447–66. http://dx.doi.org/10.1017/s1744552311000243.

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AbstractIn this article I draw on the South African legal context to critique the argument that same-sex marriage would provide ‘equal recognition’ for same-sex relationships. I highlight the ways in which, despite strong equality provisions in the South African Constitution and an apparent commitment to substantive rather than merely formal equality, both customary marriage and same-sex marriage continue to be subordinate to heterosexual civil marriage. I then broaden my analysis to consider the extent to which this would also be the case in other jurisdictions, particularly the UK. Drawing o

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12

Berat, Lynn, Reinhard Zimmermann, and Daniel Visser. "Southern Cross: Civil Law and Common Law in South Africa." International Journal of African Historical Studies 33, no. 1 (2000): 169. http://dx.doi.org/10.2307/220286.

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13

Zimmermann (Hrsg.), Reinhard, and Daniel Visser (Hrsg.). "Southern Cross. Civil Law and Common Law in South Africa." Verfassung in Recht und Übersee 31, no. 1 (1998): 101–3. http://dx.doi.org/10.5771/0506-7286-1998-1-101.

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14

BURMAN, SANDRA. "MARRIAGE BREAK-UP IN SOUTH AFRICA: HOLDING WANT AT BAY?" "International Journal of Law, Policy and the Family" 1, no. 2 (1987): 206–47. http://dx.doi.org/10.1093/lawfam/1.2.206.

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15

Kruuse, H. "Conscientious Objection to Performing Same-Sex Marriage in South Africa." International Journal of Law, Policy and the Family 28, no. 2 (2014): 150–76. http://dx.doi.org/10.1093/lawfam/ebu001.

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16

Yarbrough, Michael W. "Something old, something new: Historicizing same-sex marriage within ongoing struggles over African marriage in South Africa." Sexualities 21, no. 7 (2017): 1092–108. http://dx.doi.org/10.1177/1363460717718507.

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This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence

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17

De Vos, Pierre. "A judicial revolution? The court-led achievement of same-sex marriage in South Africa." Utrecht Law Review 4, no. 2 (2008): 162. http://dx.doi.org/10.18352/ulr.72.

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18

Parker, Peter. "South Africa and the Common Purpose Rule in Crowd Murders." Journal of African Law 40, no. 1 (1996): 78–102. http://dx.doi.org/10.1017/s0021855300007142.

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The elections in South Africa are only a start in that nation's task of purging itself of the inheritance of white minority rule. However successfully the democratic process endows organs of state with legitimacy in international forums, by and of itself the fact of black enfranchisement will not change black attitudes to a legal system which for decades willingly implicated itself in the systematic oppression of the non-white majority.

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19

Judin, J. Michael. "The King Reports and the common law in South Africa." Journal of Global Responsibility 11, no. 2 (2020): 167–72. http://dx.doi.org/10.1108/jgr-10-2019-0093.

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Purpose This paper aims to discuss the King Reports and Codes and the development of South Africa’s common law. The role of developing the common law is explicitly recognised in the Constitution, as is the obligation to give effect to the spirit, purport and objects of the Bill of Rights. With decisions of the Supreme Court of Appeal being based on the King Code, the King Code is now an integral part of South Africa’s common law. Design/methodology/approach When the task team drafting King IV commenced their work, one of the important issues raised with Mervyn King, as Chairman, was the challe

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20

Faris, John Andrew. "African Customary Law and Common Law in South Africa: Reconciling Contending Legal Systems." International Journal of African Renaissance Studies - Multi-, Inter- and Transdisciplinarity 10, no. 2 (2015): 171–89. http://dx.doi.org/10.1080/18186874.2015.1107991.

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21

Albertyn, Catherine. "Religion, custom and gender: marital law reform in South Africa." International Journal of Law in Context 9, no. 3 (2013): 386–410. http://dx.doi.org/10.1017/s1744552313000128.

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AbstractThis article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural and religious recognition without undermining the rights of women. It examines how the different processes of cultural/religious law reform in

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22

Mfukala Moke Key, Willy-Roland. "Strategies Matrimoniales et Appropriation De La Terre Chez Les Yansi." Afrika Focus 10, no. 1-2 (1994): 81–105. http://dx.doi.org/10.1163/2031356x-0100102005.

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A weak concentration of landowner system is among the main properties of African people specially those in the South of Sahara. To have acces to land is a question which concerns above all the level of rationalisation than that of true distribution. This paper deals with the strategies of both landowner system and marriage settlement in the Yansi society. The Yansi people are living in the Kinzwene area specially in the constituency of Bagata in the province of Bandundu of Zaïre country. These people have opted for a marriage settlement based on matriarchy. With reference to Bohanman’s methode

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23

Sonnekus, JC. "Huweliksluiting én aanneming van kinders kragtens kulturele gebruike in stryd met die reg behoort kragteloos te wees – sed, ex Africa semper aliquid novi." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 211–39. http://dx.doi.org/10.47348/tsar/2021/i2a1.

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Section 211(3) of the Constitution of the Republic of South Africa, 1996 provides that no recognition of customary norms may be upheld if such norms are in conflict with either the constitution or any other law that deals specifically with customary law: “The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.” The current Recognition of Customary Marriages Act 120 of 1998 deals explicitly with the recognition of customary marriages which are concluded in accordance with customary law (s 1). Cu

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24

Osman, Fatima. "Comment on the Single Marriage Statute: Implications for Customary Marriages." Potchefstroom Electronic Law Journal 24 (July 19, 2021): 1–18. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10471.

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The South African Law Reform Commission is currently canvassing views on a potential single marriage statute that would reconcile the several enactments currently regulating marriage in South Africa. This comment considers the implications of the proposed Bill for the regulation of customary marriages. It argues that the definition of a marriage / life partnership may be under-inclusive and must be expanded to included polygamous – rather than polygynous – relationships without a religious or cultural basis and life partnerships where the partners are not cohabitants. Furthermore, while the Bi

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25

Bongmba, Elias Kifon. "SAME-SEX RELATIONS AND LEGAL TRADITIONS IN CAMEROON AND SOUTH AFRICA." Journal of Law and Religion 36, no. 1 (2021): 130–47. http://dx.doi.org/10.1017/jlr.2021.6.

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AbstractThis essay revisits the debates and legal contests that grew in Cameroon at the turn of the millennium but failed to bring justice for members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Several members of sexual minorities were tried in Cameroon courts and sentenced to serve jail time. In order to reflect on the state of legal limbo for LGBTQ people in Cameroon, I also revisit the South African case Minister of Home Affairs and the Director General of Home Affairs versus Marie Adrianna Fourie and Cecelia Johanna Bonthuys, which led to legalization of same-

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Rautenbach, Christa. "Oral Law in Litigation in South Africa: An Evidential Nightmare?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3268.

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In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and

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Smith, Bradley Shaun, and JA Robbie Robinson. "An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 2 (2017): 29. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2640.

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As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and gi

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28

Himonga, Chuma. "Transforming Customary Law of Marriage in South Africa and the Challenges of Its Implementation with Specific Reference to Matrimonial Property." International Journal of Legal Information 32, no. 2 (2004): 260–70. http://dx.doi.org/10.1017/s0731126500004121.

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This paper briefly discusses the transformation of the customary law of marriage in South Africa by the Recognition of Customary Marriages Act of 1998 Act (hereafter referred to as the Act), and the likely challenges of implementing the new law. The latter will be demonstrated by reference to section 7 of the Act, which regulates the matrimonial property.

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29

Sloth-Nielsen, Julia. "KOS v Minister of Home Affairs and its relevance to the law of marriage in South Africa." South African Journal on Human Rights 35, no. 3 (2019): 298–310. http://dx.doi.org/10.1080/02587203.2019.1662732.

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30

Hausmaninger, Herbert. "Southern Cross. Civil Law and Common Law in South Africa, hg. von Reinhard Zimmermann/Daniel Visser." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 116, no. 1 (1999): 621. http://dx.doi.org/10.7767/zrgra.1999.116.1.621.

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31

Young, Stephen. "Consent, custom and international law in South Africa: What Australian lawmakers could learn." Alternative Law Journal 44, no. 3 (2019): 197–202. http://dx.doi.org/10.1177/1037969x19853853.

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This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.

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32

Arban, Erika, and Adriano Dirri. "Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared." African Journal of International and Comparative Law 29, no. 3 (2021): 362–82. http://dx.doi.org/10.3366/ajicl.2021.0371.

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Finding a balance between diversity and social cohesion is a common concern in constitutional design: in divided societies, such a balance has often been sought through federalism. But the need to reconcile diversity and social cohesion can also be addressed through aspirational values embedded in a constitution. In fact, constitutions may entrench fundamental principles directing policies to foster equality, eliminate obstacles or require the different tiers of government to collaborate harmoniously in the performance of their functions. In exploring solidarity between different communities a

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33

'Nyane, Hoolo. "Judicial Review of the Legislative Process in Lesotho: Lessons from South Africa." Potchefstroom Electronic Law Journal 22 (October 18, 2019): 1–30. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5713.

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The Constitution of Lesotho has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process with deference. This deference seems to be based on the old common law notion of the non-intervention of the judiciary in the legislative process. The notion has its roots in the British constitutional system. The Constitution of Lesotho, 1993 has even protected this doctrine through a constitutional ouster clause in section 80(5). The main question which this paper seeks to ans

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Siyabonga Sibisi. "The Juristic Nature of iLobolo Agreements in Modern South Africa." Obiter 42, no. 1 (2021): 57–69. http://dx.doi.org/10.17159/obiter.v42i1.11056.

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The practice of ilobolo has been referred to by many names, including bridal-price, bridewealth, marriage goods or dowry. These concepts are misleading as they suggest that a woman is being bought. There are sections of society who argue that the practice is unconstitutional as it discriminates against women and must be abolished. There are also sections who argue that the practice of ilobolo is firmly rooted in customary marriages and cannot be dispensed with. They add that the practice is not discriminatory against women as it is men who are required to pay ilobolo and not women. Often the a

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35

Malan, MC Schoeman. "Recent Developments Regarding South African Common and Customary Law of Succession." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 1 (2017): 106. http://dx.doi.org/10.17159/1727-3781/2007/v10i1a2794.

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This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the pri

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Erlank, Natasha. "The White Wedding: Affect and Economy in South Africa in the Early Twentieth Century." African Studies Review 57, no. 2 (2014): 29–50. http://dx.doi.org/10.1017/asr.2014.46.

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Abstract:Discussions of church weddings are not standard in accounts of African marriage in South Africa in the early twentieth century. However, from the 1890s onward, church weddings were becoming more common, and by the 1930s more Africans married in church than elsewhere. Indeed, these wedding ceremonies provide insight into how black families experienced and created their own social status in a context in which white South Africans viewed black weddings as a symbol of racial misappropriation. Via weddings and their associated commodification, families held on to and proclaimed the value o

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37

Banda, Sibo. "Constitutional Mimicry and Common Law Reform in a Rights-Based Post-Colonial Setting: The Case of South Africa and Malawi." Journal of African Law 53, no. 1 (2009): 142–70. http://dx.doi.org/10.1017/s0021855309000060.

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AbstractCompetent courts in Malawi must, as courts have done in South Africa, undertake a radical path in order to enhance the common law position of distinct categories of persons. This article discusses judicial appreciation of the common law-changing function of a bill of rights and its associated values, and judicial understanding as to when such a function may be brought into play. The article examines approaches taken by courts in South Africa in determining the circumstances in which the South African Bill of Rights applies to private relationships, when private parties owe each other d

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38

Sheik, Nafisa Essop. "African Marriage Regulation and the Remaking of Gendered Authority in Colonial Natal, 1843–1875." African Studies Review 57, no. 2 (2014): 73–92. http://dx.doi.org/10.1017/asr.2014.48.

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Abstract:This article examines the gendered relationships of authority that are at the heart of the processes of customary marriage in South Africa, as well as the ways in which colonial political intervention worked to effect social change in nineteenth-century colonial Natal. This analysis reinforces the established historiographical understanding that instigating generational shifts in authority was important to Natal Native Policy, unlike customary regulation elsewhere in colonial Africa in which colonial law worked to shore up the authority of senior men. However, it seeks to underline th

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Osman, Fatima. "The Million Rand Question: Does a Civil Marriage Automatically Dissolve the Parties' Customary Marriage?" Potchefstroom Electronic Law Journal 22 (May 20, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4337.

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In 2016 the Eastern Cape Local Division in Mthata heard a claim by Mrs Winnie Madikezela-Mandela that, amongst other things, her customary marriage to former President Nelson Mandela continued to exist until his death, despite the dissolution of their civil marriage. Not long thereafter, in 2017, former President Jacob Zuma's daughter made headlines by claiming half of her soon-to-be-ex-husband's multimillion-rand estate despite the couple’s having entered into a valid ante-nuptial contract. The claim was that her preceding customary marriage had not been accompanied by an ante-nuptial contrac

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40

Burchardt, Marian. "Equals before the Law? Public Religion and Queer Activism in the Age of Judicial Politics in South Africa." Journal of Religion in Africa 43, no. 3 (2013): 237–60. http://dx.doi.org/10.1163/15700666-12341258.

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Abstract On a global scale, the politics around the recognition of same-sex relationships has turned into legal controversies while opposition to it is often framed in religious terms. This article takes the case of Christian mobilization around the legal recognition of same-sex marriage in South Africa to investigate the intertwinement of religious and sexual rights struggles. Linking the anthropology of law, the sociolegal literature on judicialization, and studies of public religion, it argues that both same-sex activism and religious mobilization should be understood in terms of judicial p

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Mwambene, Lea. "What is the future of polygyny (polygamy) in Africa?" Potchefstroom Electronic Law Journal / Potchefstroomse Elektroniese Regsblad 20 (November 9, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1357.

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The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African continent show that the focus has been on promoting and protecting the rights of women as defined in international human rights law, as well as on respecting the practice of polygyny. These legislative reforms in jurisdictions such as Kenya, Mozambique and South Africa show that the approach to regulating polygyny has been either to legalise, abolish, or regulate the practic

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42

Hyam, Ronald. "The Political Consequences of Seretse Khama: Britain, the Bangwato and South Africa, 1948–1952." Historical Journal 29, no. 4 (1986): 921–47. http://dx.doi.org/10.1017/s0018246x00019117.

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Ruth Williams was not a typist. She was apt to be put out when the newspapers called her that. In fact she was a secretary, a confidential clerk, with a firm of Lloyds' underwriters in London. On 30 September 1948, at a registry office in Kensington, she married Seretse Khama, heir to the chieftaincy of the Bangwato in the Bechuanaland Protectorate. No-one knew whether the Bangwato would accept a white consort. British newspapers ran features headed ‘Shall typist be a Queen?’ (Sunday Dispatch, 28 November 1948), and ‘This girl can upset the peace of Africa’ (Sunday Express, 10 July 1949). Whit

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GROSS, AEYAL M. "Sex, Love, and Marriage: Questioning Gender and Sexuality Rights in International Law." Leiden Journal of International Law 21, no. 1 (2008): 235–53. http://dx.doi.org/10.1017/s0922156507004839.

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The cover of Sex Rights: The Oxford Amnesty Lectures 2002 shows a picture of two men photographed from the back, with their hands holding each other's waists. They are walking towards a camera crew. Based on the way they are dressed, it seems that they have just been married. Both men are wearing white dress shirts and have similar hairstyles, with one wearing a black waistcoat over the white shirt and the other with black braces. This collection, based on the Oxford Amnesty Lectures series on gender and sexuality, thus apparently features on its cover the same-sex marriage of two men, ostensi

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Bonthuys, Elsje. "Pluralist Marriage Laws in a Former Colonial System: Cultural Authenticity or Hybridisation?" International Journal of Law, Policy and the Family 34, no. 1 (2020): 84–104. http://dx.doi.org/10.1093/lawfam/ebz015.

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Abstract Legal pluralism in former colonial territories, like South Africa, often involve the simultaneous existence of multiple marriage forms, distinguishing marital forms associated with former colonial systems from indigenous forms of marriage. These pluralist systems are not value-neutral but continue to favour marriages associated with colonial rules and processes. In addition, they create complicated distinctions between different forms of marriage which are thought to reflect the distinctive cultural or religious identities of those who marry according to these systems. This article ar

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Pretorius, D. M. "“What’s past is prologue”: an historical overview of judicial review in South Africa – part 2." Fundamina 26, no. 2 (2020): 424–519. http://dx.doi.org/10.47348/fund/v26/i2a6.

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This contribution explores the historical origins and development of judicial review in South Africa, as an indication of shifts in relations between – and of the relative legal and political powers of – the three branches of state. It also provides bibliographical details of sources chronicling these historical processes. The first part focused mainly on constitutional review, namely the power of the law courts to test the validity of statutes against constitutional criteria. This second part analyses the historical development of administrative law, especially the common-law evolution of jud

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M Maithufi (In Memory) and CA Maimela. "Teaching the “Other Law” in a South African University: Some Problems Encountered and Possible Solutions." Obiter 41, no. 1 (2020): 1–9. http://dx.doi.org/10.17159/obiter.v41i1.10545.

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African customary law is a legal system that is recognised in South Africa and forms part of the law of the indigenous people of South Africa. Due to colonialism and apartheid, this legal system was rejected and underdeveloped in favour of common law. The supremacy of the Constitution and its recognition of African customary law as an independent legal system, separate from the common law, aimed to correct past injustices that flowed from the underdevelopment of this important legal system. Whether the Constitution and higher learning institutions have attained the goal of developing African c

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Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.

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Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation tha

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Kirby, Michael. "The common law and international law – a dynamic contemporary dialogue." Legal Studies 30, no. 1 (2010): 30–60. http://dx.doi.org/10.1111/j.1748-121x.2009.00138.x.

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International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries.In the UK, the impact of Europe has helped create an ‘incoming tide’. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zeal

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Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa." Obiter 41, no. 1 (2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.

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This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in

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Ikhariale, M. A. "THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA." Journal of African Law 45, no. 1 (2001): 1–12. http://dx.doi.org/10.1017/s0221855301001572.

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One of the outstanding features of the South African Constitution is the well-articulated concept of administrative justice. It is to be expected that a modern constitutional state with an enormous social reconstruction programme like that of post-apartheid South Africa must have a sophisticated mechanism for the maintenance of administrative justice. The immediate past experience of apartheid under which the administrative process was devoted to the victimization of a large section of the population has also meant that every constitutional means possible in the arduous task of social reconstr

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