customary marriage

Recognition of customary Marriages Amendment Bill, 2019

The South African government is amending the law concerning customary marriages to bring it in line with constitutional jurisprudence. On 24 July 2019, Cabinet approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament.  The Bill is currently under consideration by the National Assembly. Fasken candidate attorney Mr. Selby Mathebula writes about these changes.

On 24 July 2019, Cabinet approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament.  The Bill is currently under consideration by the National Assembly.

Essentials of Akamba customary marriage

Customary Law – Akamba customary law – Akamba customary marriages – existence of Akamba customary marriages – when was Akamba customary law marriages deemed to be in existence – ntheo ceremony - whether a woman whose ntheo had not been paid could receive ntheo for her daughter

Jurisdiction - jurisdiction of Magistrates Court - burial disputes - whether the magistrate Courts had the jurisdiction to hear and determine burial disputes - Magistrate’s Court Act No. 26 of 2015 Section 7(3)(b)

Munyao Ndolo & 3 others v Mary Nduku Mutisya [2018] eKLR
HCCA No 134 of 2017
High Court at Makueni
C Kariuki, J
July 31, 2018
Reported by Safiya Awil Ibrahim

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