Abstract
ABSTRACT In 2006 the Constitutional Court of South Africa ruled the common law definition of marriage to be unconstitutional because it did not accord same-sex couples the same benefits and responsibilities as heterosexual couples. This defect was corrected by the legislature with the enactment of the Civil unions Act. The recognition of same-sex partnerships or marriages by the Act reflects and acknowledges the diverse nature of a changing South African society. A question triggered by this legal development is the impact that same-sex partnerships will have on the country's customary law on marriage. This article presents a critical analysis of a possible co-existence between same-sex partnerships and customary laws on marriage. The author explores the customs upon which customary laws of marriage are founded, and assesses their flexibility in accommodating same-sex partnerships.
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