Saturday, June 01, 2013

Western Cape Women’s Legal Centre welcomes judgement relating to customary law

Imogen Vollenhoven
1 June 2013

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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