Abstract
In this chapter, I intend to examine the issue of the customary law of marriage in South Africa and how it has fared at the hands of the courts and, to a lesser extent, the legislature, since the advent of democracy. I argue that more needs to be done to embed customary law, in general, in the South African legal system, and that the disarray currently noticeable in the area of marriage law, especially the issue of the essentials for validity of customary marriages, is not helping to achieve this purpose. The driving idea behind these musings is the belief that not enough care is being taken to consider the future of customary law when its rules, as currently perceived, are sought to be applied, especially in the South African courts.
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