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A customary marriage is a marriage that follows the customs of the community. Customary marriages have been observed in South Africa, Namibia, Uganda, and Zimbabwe among other African countries.
Validity edit
South Africa recognises as valid marriages all customary marriages that took place before 15 November 2000, and those taking place after 15 November 2000 with certain requirements, such as minimal age and consent.[1]
In Uganda, registered customary marriages are recognised as valid and are not affected by subsequent monogamous marriages.[2]
Concerns edit
Gender discrimination edit
South African laws allow male persons to enter more than one customary marriage.
Child marriage edit
Both South Africa and Uganda exhibit nuanced perspectives on customary marriages involving minors. In South Africa, minors can partake in a valid customary marriage with the consent of their parents or legal guardian.[3] In Uganda, a similar provision exists, allowing customary marriages for individuals under 21 years old with the approval of the father, mother, or legal guardian.[2] Notably, neither country has set a minimum age requirement for such unions, sparking discussions on child marriage and legal safeguards for minors entering into customary marriages.
References edit
- ^ "Customary Marriages". Western Cape Government. Retrieved 2023-12-05.
- ^ a b Customary Marriage Registration Act (PDF). Laws.Africa Legislation Commons. 2021.
- ^ "Recognition of Customary Marriages Act 1998". www.saflii.org. Retrieved 2023-12-05.