'Big Love?' The Recognition of Customary Marriages in South Africa

13 Pages Posted: 19 May 2008  

Penelope Andrews

University of Cape Town (UCT) - Faculty of Law

Abstract

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.

Keywords: Women's Rights, Human Rights, Constitutional Law

JEL Classification: K10, K19, K40, K33, K39

Suggested Citation

Andrews, Penelope, 'Big Love?' The Recognition of Customary Marriages in South Africa. Washington and Lee Law Review, Vol. 64, No. 4, 2007. Available at SSRN: https://ssrn.com/abstract=1134001

Penelope Andrews (Contact Author)

University of Cape Town (UCT) - Faculty of Law ( email )

Private Bag
Rondebosch 7701
South Africa
021-650-2706 (Phone)

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