Customary marriages now legal

Milestone South African legislation to recognise customary marriages came into effect on Wednesday, agencies reported. The Act defines a customary marriage as one negotiated, celebrated or concluded in terms of any of the systems of indigenous African customary law in South Africa. Until now, there has been no legal foundation for such marriages.

Launching the new law, Deputy Justice Minister Cheryl Gillwald said the Act engendered new respect for the African legal tradition, and elevated the status of women and children in a marriage. Existing customary marriages, whether monogamous or polygamous, would now be recognised as valid and should be registered within a year.

Under the new Act, customary marriages could only be terminated by decree of the court. In the traditional system, marriages were dissolved by the families of the spouses, which clearly put women and children at risk, Gillwald said. The Act does not include marriages concluded in accordance with Hindu, Muslim or other religious rites.