Marital Resilience factors that enhance Conflict Management in Black African Marriages in South Africa: An Afro-Centric Perspective

The legalisation of same-sex marriage in South Africa in November 2006 made the country the exemplar for gay and lesbian rights in Africa. The advocacy of, struggle for, and finally winning the right to marry was a euphoric victory for numerous gay and lesbian people. The various steps that had to be negotiated in order to pass the Civil Union Act are documented in To Have and to Hold : The Making of Same-Sex Marriage in South Africa (2008, hereafter To Have and to Hold ). The blurb at the back of To Have and to Hold describes the book as “invaluable for understanding [the same-sex marriage] journey and its legal, social, cultural and religious ramifications”. The editors of the volume, Judge, Manion and de Waal, add that the various stakeholders that supported same-sex marriage “adequately interrogated the role and function of marriage” (Judge et al. 2008: 12). In this article, I put this claim to the test by interrogating the legal, social, cultural and religious reasons put forward in favour of same-sex marriage in To Have and to Hold . From a queer point of view, same-sex marriage is problematic because it ignores the regulatory power of the state, the fact that marriage is a public tradition, the argument that the supposed “respectability” bestowed by marriage is a farce, and the contention that legal benefits should be given to people regardless of their marital status. I use queer linguistic tools to deconstruct the claim by the editors that the text represents a “critical engagement” with same-sex marriage (Judge et al. 2008: 1). I conclude the article by showing how, rather than opening a space for the “recognition of diverse sexualities and relationship forms” (Judge et al. 2008: 12), the Civil Union Act is limited to those people who self-identify as gay or lesbian.

This note examines recent marriage reform proposals from the Department of Home Affairs, namely the Draft Marriage Bill of 2022. Prior to this Bill, in January 2021, the South African Law Reform Commission (‘SALRC’) proposed a single marriage statute to reconcile the several enactments regulating marriage in South Africa. In March 2022, the Cabinet approved the White Paper on Marriages in South Africa, drafted by the Department of Home Affairs. The White Paper recognised that the legislation that regulates marriages in South Africa is not informed by an overarching policy based on constitutional values and the understanding of modern society dynamics. In this note, we argue that the Draft Marriage Bill, the publication of which was approved by the Cabinet in June 2023, is not only unconstitutional in some ways but is also, in certain respects, divergent from the White Paper preceding it and the earlier marriage reform proposals of the SALRC.

ABSTRACTThis article argues for the necessity of a queer anti-homophobic critique of same-sex marriage in the South African context. The literature on same-sex marriage in South Africa before and after the passing of the Civil Union Act 2006, while acknowledging queer critique, resolves such critique in favour of the ‘right’ to marry. From a queer point of view, same-sex marriage is problematic because it renews the distinctions between moral and immoral, it is antithetical to the politics of the gay and lesbian movement, it ‘undoes’ a long history of feminist research where it is argued that marriage is patriarchal and oppressive and finally, it cannot transform the exclusionary nature of marriage. I use Jane Bennett’s ‘“Solemnis(ing) beginnings”: Theories of same-sex marriage in the USA and South Africa’ (2015) as evidence of the most recent example of this point of view. In the course of my critique of Bennett’s article, I will also refer to all of the published literature on the same-sex marriage debate in South Africa. I argue that the opportunity to incorporate queer critiques of same-sex marriage might have been lost 12 years ago but there is no reason why we cannot have these conversations now. The aim of this article is to ignite such a conversation.

Conflict, separation, domestic violence, and economic stress, are some marital crises that pose serious risks to children’s development. This study examined how these challenges affect the wellbeing and social adjustment of school-aged children in Sunyani Municipality, Ghana. A mixed-method design was used in this research. A composite Marital Crisis Index was developed, and data were analyzed using descriptive statistics, correlations, and regression models. The findings revealed that children from highly unstable homes showed sharp declines in school attendance, with a correlation of minus 0.82, and weaker academic performance, with a correlation of minus 0.42. Their self-esteem dropped significantly, correlating at minus 0.62, as depression and anxiety increased with positive correlations of 0.63 and 0.54 respectively, all at high levels of statistical significance. Social risks were also evident: children in high-crisis families were more than twice as likely to experience bullying, with an odds ratio of 2.41, and delinquent behaviors increased by 25% as shown by an incidence rate ratio of 1.25. However, protective factors reduced these risks. Extended family support improved academic outcomes and lowered both bullying and delinquency, while access to school counseling enhanced academic performance and reduced victimization. These results highlight the urgent need for schools, communities, and policymakers to strengthen family stability and provide targeted psychosocial support to safeguard children’s emotional health, academic success, and social resilience.

Muslim marriages are not recognised in South Africa and therefore divorces are not regulated by the courts. There are multiple methods of terminating a Muslim marriage; this is not the position with civil marriages in South Africa which are terminated through the divorce proceedings set out in the Divorce Act 70 of 1979. Due to the non-regulation of Muslim marriages, many abuses occur when parties terminate their marriages. With regard to the implementation of Sharī`ah in South Africa, much has been written about the recognition of Muslim Personal Law (MPL). There is a need for research which goes beyond identifying individual challenges and which aims to achieve a more holistic analysis, exploring the root causes of the abuses that could arises in the event that a Muslim marriage is terminated. The purpose of this enquiry therefore is to examine these possible systemic causes and to suggest proposed solutions. This contribution commences with a review of the laws, procedures and institutions regulating the termination of Muslim marriages in South Africa. Challenges with regard to such terminations are then explored and analysed. In conclusion, some remarks are made in respect of addressing the challenges holistically.

Earlier studies in South Africa have shown that age at marriage has been rising gradually and that South Africa is characterized by late marriage as well as substantial numbers delaying marriage until into their 30s. Urbanization and educational development have been key factors associated with the increase in age at marriage. This paper examines inter-provincial differences in age at marriage in South Africa. The measure of the timing of family formation used in this analysis is Singulate Mean age at Marriage (SMAM). The SMAM values are computed by applying Hajnal's technique to data obtained from the 1996 and 2001 population censuses and the 2 007 Community Survey for each sex for South Africa's nine provinces and four population groups. The usefulness of Geographical Information Systems (GIS) in the presentation of spatially distributed differentials is demonstrated. Results shows that there is considerable variation in marriage patterns between provinces and population groups with Kwazulu-Natal having the highest mean age at marriage whereas Gauteng has the lowest mean age at marriage. Furthermore, mean age at first marriage is very late among African and Coloured males and females (a bove 27 years), and a moderately high mean age at first marriage among Indians and whites (24-27 years). These variations could be due to the wide regional variations in economy, culture and living conditions.

After 1994, South Africa adopted a constitution that enables the state to enact legislation to recognise religious marriages. The question facing the state is how to afford recognition to the diversity of marriages in South Africa? Should it advocate a uniformisation of marriage laws and require all marriages to comply with the same set of requirements and have the same consequences apply to them? Or should it pursue a more hybrid approach to recognise the diversity of marriages in South Africa? What would be the effects of these positions on minority religious communities and women within those communities? The author explores three approaches for the recognition of religious family laws: assimilation, accommodation, and integration. She argues that none of the three approaches provides sufficient protection for women’s rights. She suggests that the plurality of marriage forms should be recognised and regulated in a way that enables minority communities to practice their religion in a manner that does not undermine women’s rights. Anything else runs the risk of undermining the religious identity of marriages while enabling the privatisation of gender-discriminatory practices within those marriages. To prevent this, a Gender-Nuanced Integration approach is supported for the recognition and regulation of religious marriages.

The law applicable to the proprietary consequences of marriage in South Africa – the influence of German private international law

This paper briefly discusses the transformation of the customary law of marriage in South Africa by the Recognition of Customary Marriages Act of 1998 Act (hereafter referred to as the Act), and the likely challenges of implementing the new law. The latter will be demonstrated by reference to section 7 of the Act, which regulates the matrimonial property.

In previous scholarship we argued how the state and courts have tended to favour a formal or definitional approach to customary marriages in South Africa, leaving vulnerable parties, particularly women, not adequately protected. In this article we focus on a new approach emerging from the courts, particularly relating to the integration of the bride as a requirement for the validity of a customary marriage. While we affirm the courts' emerging approach regarding integration, we take issue with the language used by the courts, particularly that relating to the word 'waiver'. In considering the recent South African Supreme Court of Appeal decisions on integration, and the High Court decisions that have followed, we believe the courts are in fact not waiving the requirement, but recognising that the requirement of integration may be met in another way. In considering these cases, although the court does not explicitly rely on Ramose's 'social acceptance' thesis as to the validity of law, we believe that adopting this approach will do much to assuage concerns about courts ignoring custom. More importantly, Ramose's 'social acceptance' theory gives credit to living customary law as a legal system which, as widely observed, promotes the very values on which the Constitution is founded. We also believe that Ramose's approach is a much more balanced approach in this context than a typically Western approach that promotes certainty over the protection of vulnerable parties, and represents the very evolving nature of living customary marriage laws and practices.

The law governing marriage in South Africa is in transition. There are currently two proposals to reform the proprietary consequences of marriages in South Africa, namely a Marriage Bill [B43-2023], and a South African Law Reform Commission Discussion Paper to review aspects of matrimonial property law. This article assesses the effectiveness of the proposed reform in addressing the current regulatory challenges related to the proprietary consequences of customary marriages. It argues that the piecemeal jurisprudential development of the law has not been effectively reconciled, and this must be addressed in any future reform. However, the Marriage Bill proposed by the Department of Home Affairs is not an answer. The Bill ignores customary notions of property and creates several conceptual difficulties such as potentially leaving customary law marriages without a matrimonial proprietary regime. The South African Law Reform's Discussion Paper, which reviews aspects of matrimonial property law, holds great promise because it proposes a change in the default matrimonial proprietary system and the exclusion of family property from the marital estate. The proposals must be reconciled and informed by living customary law practices to deliver the much-anticipated law reform.

Late last year the Constitutional Court of South Africa decided that the exclusion of same-sex couples from the common law definition of marriage and the statutory marriage formula was unconstitutional as it violated the rights of such couples to equality. The Court suspended the declaration of invalidity for one year to allow Parliament to enact new legislation to correct the defects, failing which certain words would be read into the legislation to accommodate same-sex marriage. A single judge dissented on the issue of remedy, finding that the Court should have developed the common law to include same-sex couples within the definition of marriage and read the necessary wording into the legislation with immediate effect. The decision is the culmination of a legal struggle by gays and lesbians for recognition of their relationships and the protection of their rights. While the scope of the right to marry may have been extended, the rights of domestic partners lag behind, often to the detriment of women in these relationships.

The present study used census and survey data from 1996 to 2011 to examine changes in interracial marriages in South Africa a generation after the establishment of democracy in that country. While in-group marriages appear to be the norm, they have been declining dramatically over the years, especially amongst Asian/Indians and whites, the two groups least likely to marry outside their group. In fact, the odds ratio for overall in-marriage dropped from 303 in 1996 to 95 in 2011. Increased educational attainment increases the odds that black Africans and coloureds would marry Asian/Indians and whites and vice versa. Regardless of gender and of whether education is increasing or reducing the odds of intermarriage, the effects of education are declining over time suggesting the erosion of the social class differences between the races in South Africa.

Due to their potentially polygamous nature, Islamic marriages are not recognised in terms of South African law. The consequences of this non-recognition have been particularly unfair to Muslim women. Until 2000 a Muslim woman had no claim for loss of support if her husband was unlawfully killed. Even today she cannot claim maintenance from her husband after a divorce; she is not an intestate beneficiary after the death of her husband; can be compelled to give evidence against her husband in criminal proceedings and can not claim financial support during the course of her marriage. Since early times there have been calls for the recognition of Islamic marriages. The 1996 Constitution of South Africa protects, among other rights, cultural and religious rights and makes provision for the recognition of cultural and religious marriages by means of legislation. This article gives a brief historical overview regarding the position of Islamic marriages in South Africa. Thereafter the current position of Islamic marriages will be discussed, and finally a few comments regarding the future of Islamic marriages will be given.

The purpose of this study was to identify strategies that impact the successful implementation of an education employee wellness program. Specific strategies that were studied include rewards, program availability, program configuration, and leadership involvement. The problem this study sought to investigate was employee participation and the impact an employee wellness program can have on insurance costs in a self-funded healthcare consortium for an educational entity. The study explored if a high rate of education employee participation in employer sponsored employee wellness program appeared to help reduce healthcare costs for schools participating in a healthcare consortium. This research was conducted using a single-instrument qualitative case study research approach that included six one-to-one interviews, one focus group interview, one observation, and data analysis. The research was conducted at an intermediate unit within a healthcare consortium. The six interviews were conducted with leader representatives from the planning committee. A pilot study was conducted to deliver content validity. All data collected through interviews were transcribed and categorized according to emerging themes. Themes were used to identify patterns that were used to answer the research questions. Research conducted on educational entities within a healthcare consortiums is limited. The results of this research will add to a limited body of existing research that could be used to inform other administrators of other healthcare consortiums interested in adopting employee wellness programs. The following results have been developed through a qualitative research approach that was conducted with the upmost ethical standards. It appears through this research that there is not one single significant factor that leads to implementation success, rather a combination of items that are as follows; contractual language, clear implementation steps, monetary incentives, leadership involvement, planning committee involvement, preventative screenings, physical fitness and nutrition classes, and effective communication. It is recommended by this researcher that after careful data analysis, intermediate units and school districts interested in creating an employee wellness program can experience savings on healthcare costs by improving employee wellbeing. Specific recommendations for implementing an employee wellness program are to create an employee wellness program that is focused on employee wellbeing by promoting employee wellbeing throughout the organization. It is also important to ensure that the employee wellness program is written into the support staff and professional staff contracts and that agreed upon timelines are met through effective and consistent employee communications. Future research can be furthered by studying how to sustain and employee wellness program and the impact that it could have on employee sick use, job satisfaction, and a correlation of employee wellbeing, and the impact on standardized test scores.