15 November 2000
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.
References
Burger, D. (ed)(2002). South Africa Yearbook 2001/02, Pretoria: GCIS, p. 373.| Justice RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998 [online] Available at: www.justice.gov.za [Accessed on 14 December 2013]