Customary Marriages

Jul 17, 2014 | 2012 - 2014, News

In the recent judgment of Moropane v Southon, the Supreme Court of Appeal affirmed developing jurisprudence on customary marriage, which seeks to place African customary marriage ‘on the same pedestal as civil marriages’. During divorce proceedings a Pedi man argued that he had not entered into a customary marriage with his long-time partner as it was not ‘negotiated and entered into or celebrated in accordance with customary law’ as required by the Recognition of Customary Marriages Act. The court decided that, in this instance, this requirement had been fulfilled.