The Western Cape Women’s Legal Centre said
it welcomes the steps taken regarding the judgement relating to customary law
and polygynous marriages on Thursday.
The Constitutional
Court on Thursday ruled that a first wife is
required to give consent to subsequent customary marriages under Tsonga
customary law.
WLC’s Jennifer Williams said it the court
also indicated that where a man in a polygynous marriage fails to register a
contract, which deals with the property rights of the part that doesn’t
invalidate the marriage.
“However in Tsonga customary law now if
there isn’t consent then a marriage in future would be invalid,” added
Williams.
Furthermore she added that they had some concerns about whether or not women in existing marriages would be prejudiced by this, they in fact ordered that a summary of their judgment be sent to the department of home affairs and the house of traditional leaders.
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