Dissolution of Customary Marriages

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Periodical article

Title:	Dissolution of Customary Marriages
Authors:	Van R. Whelpton, F.P. Vorster, L.P.
Year:	2001
Periodical:	South African Journal of Ethnology
Volume:	24
Issue:	2
Pages:	56-61
Language:	English
Geographic term:	South Africa
Subjects:	customary law divorce Peoples of Africa (Ethnic Groups) Women's Issues Law, Human Rights and Violence Cultural Roles Marital Relations and Nuptiality Law, Legal Issues, and Human Rights
Abstract:	This article focuses on the provisions of South Africa's Recognition of Customary Marriages Act, 120 of 1998, with specific reference to the dissolution of customary marriages. The Act attempts the unification of divorce procedures for customary and civil marriages. Prior to the Act, customary marriages outside KwaZulu-Natal could be dissolved extrajudicially. The grounds for dissolution were not fixed and the emphasis was on reconciliation. In KwaZulu-Natal the codes of Zulu law provided for the dissolution of customary marriages by the magistrate's court on certain specific grounds mentioned in the Codes. The provisions of the Act go a long way to address the customary unfavourable position of women and children in divorce proceedings. Although the divorce procedures in respect of customary and civil marriages are almost identical, the cultural perceptions about grounds that may result in divorce differ markedly. Bibliogr., sum. in Afrikaans and English.