Abstract
AbstractThe South African legal system is a mixed, pluralistic one, and its family law resembles this potpourri of laws made up of state and non-state laws. State law includes the general law which is a mix of Roman-Dutch and English law, and customary law that include the laws of traditional communities. Certain non-state laws based on religion, especially in family law, have also been receiving protection from the judiciary despite not being officially recognised by the state. There are four types of marriages: common law marriages, civil unions, customary marriages and unrecognised religious marriages. They are regulated in terms of different legislation, common law rules, and judge-made rules which have led to differences and inequalities in many respects. Managing family justice in such a diverse setting has been a struggle, and the time has come for the South African government to reconsider its approach to the plurality of marriage laws, which does not always make a wonderful blend of potpourri.
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
