Marriage ruling sparks fears of potential ‘disaster’

According to a statement from the Women’s Legal Centre, the judgment affirms that customary marriage is treated and afforded the same status and dignity as other marriages, and protects spouses, particularly women, from being denied access to housing, land and property accumulated during the marriage as a result of the matrimonial property regime owned by both parties.

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“The Court emphasised that judicial oversight is essential to prevent exploitation and ensure fairness,” said the Women’s Legal Centre.

Durban attorney, Natalie Luck, believes the Constitutional Court got the judgment right.

“This truly is a landmark judgment on a largely litigated area of law. The very purpose of the Recognition of Customary Marriages Act is reinforced by this judgment. Customary mar-tiages are not ambiguous or second class, the marital property regime is firmly protected and established in this Act and case law.

“A customary marriage, whether formally registered or not, is valid and binding and any subsequent civil marriage thereafter (by the same spouses) is seen as a continuation of the marriage.