Review of the Recognition of Customary Marriages Act No 120 of 1998

Abstract

abstract It is our view that the Recognition of Customary Marriages Act 120 of 1998 is an attempt to bring some aspects of customary law into line with the new constitutional dispensation and to provide greater protection against the abuse of women and girls. However, this does not mean to say it is without loopholes. Neither the Act nor the recently proposed Draft Recognition of Customary Marriages Amendment Bill of 2009 addresses the issue of the consequences of non-registration or late registration of customary marriages. The Act stipulates that registration does not affect the validity of the marriage, and in practice, many women do not register their marriages. However, registration becomes a significant factor when one has to prove or establish marital status, in most instances upon dissolution of marriage or when a woman stands to inherit and or administer the deceased spouse's estate. This Focus explores some of the challenges that the majority of women still face under customary law and draw attention to deficiencies of the Act and its amendment and calls for review of the law to provide adequate protection to women married under customary law. More often than not, the unequal power dynamics that the patriarchal nature of society elicits frequently serve to disempower women to such an extent that the access to property, justice, and security of the person, remains relatively difficult, if not impossible. It is therefore important that any law aimed at protecting various family forms must unequivocally communicate that any form of persistent discrimination, inequality and perpetuation of vulnerability in the field of family law must cease.