Recognition of the Customary Marriages Act comes into effect

Date: 15 Nov 2000
Updated: 30 Sep 2019

Recognition of the Customary Marriages Act comes into effect

The Recognition of the Customary Marriages Act 120 of 1998 came into effect after an investigation by the South African Law Reform Commission of the legal position of customary marriages, which were up to the anactment not recognised as valid marriages before the law, because of the system's polygamous nature. The Act gave recognition to the customary marriage practicised in Black communities. It provided for the equal status and capacity of the spouses and enabled a wife in a traditional marriage to register assets in her own name. A customary marriage refers to a marriage concluded in accordance with customary law based on section 15(3) of the Constitution, stating that legislation must not be prevented that recognises marriages concluded under any tradition, or system of religious, personal or family law.

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01Burger, D. (ed)(2002). South Africa Yearbook 2001/02, Pretoria: GCIS, p. 373.
02Justice RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998 [online] Available at: www.justice.gov.za [Accessed on 14 December 2013]

Last updated · 30 Sep 2019

Cite this entry

South African History Online. (2011, March 16). Recognition of the Customary Marriages Act comes into effect. South African History Online. https://sahistory.org.za/ref/E-0013492

South African History Online (2011) 'Recognition of the Customary Marriages Act comes into effect', South African History Online, 16 March. Available at: https://sahistory.org.za/ref/E-0013492 (Accessed: 26 July 2026).

South African History Online, Recognition of the Customary Marriages Act comes into effect [website], https://sahistory.org.za/ref/E-0013492, (accessed 26 July 2026).

"Recognition of the Customary Marriages Act comes into effect." South African History Online, 16 Mar. 2011, https://sahistory.org.za/ref/E-0013492. Accessed 26 July 2026.

South African History Online. "Recognition of the Customary Marriages Act comes into effect." South African History Online. March 16, 2011. https://sahistory.org.za/ref/E-0013492.