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South Africa Marriage Law Reforms Overview

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0% found this document useful (0 votes)
22 views2 pages

South Africa Marriage Law Reforms Overview

Uploaded by

reivdberg
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Green Paper on Marriages in South Africa published in the Government Gazette 44529 of 4 th

May 2021
The green paper on Marriages in South Africa, published in the government Gazette 44529 on 4 th May
2021, is a document that outlines potential changes and reforms to marriage laws in the country. It's
like a roadmap for discussing and improving the way marriages are regulated and recognized in South
Africa. It covers various aspects such as the legal requirements for marriage, the recognition of
different types of marriages, and the rights and responsibilities of spouses. It's an important document
that aims to shape the future of marriages in South Africa.

Recognition of Customary Marriages Act 120 of 1998


The Recognition of Customary Marriages Act 120 of 1997 is a law in South Africa that acknowledges
and protects marriages conducted according to customary practices. It recognizes the validity of these
marriages and ensures that spouses have legal rights and responsibilities. It's an important act that
respects and upholds the cultural diversity and traditions of different communities in South Africa.

Civil Union Act 17 of 2006


The Civil Union Act 17 of 2006 is a law in South Africa that recognizes and validates same-sex
relationships. It ensures that same-sex couples have the same legal rights and responsibilities as
heterosexual couples, allowing them to enter into a legally recognized civil union. This act promotes
equality and inclusivity for all couples, regardless of their sexual orientation.

Mayelane v Ngwenyama and another ( Women’s Legal Centre Trust and others as amici
curiae) 2013 (8) BCLR 918 (CC)
"Maylane v Ngwenyama and another (women's legal centre trust and others as amici curiae) 2013
(8) BCLR 918 (CC)" is a legal case that took place in South Africa. It dealt with the rights of women
in customary marriages. The case was heard by the Constitutional Court in 2013 and aimed to
promote gender equality and ensure that women in such marriages have equal rights and protections.
It was an important step towards creating a more inclusive and fair legal system.

Moola v Others v Aulsebrook NO and Others 1983 (1) SA 687 (N)


"Moola and others v Aulsebrook NO and Others 1983 (1) SA 687 (N)" is a legal case in South Africa
that dealt with land ownership and the rights of indigenous people. It was heard by the Natal
Provincial Division of the Supreme Court in 1983. The case played an important role in recognizing
and protecting the rights of indigenous communities in South Africa.

Women's legal centre trust v President of the Republic of South and Others 2023 (1) BCLR 80
(CC)
"Women's legal centre trust v President of the Republic of South and Others 2023 (1) BCLR 80
(CC)" is a recent legal case in South Africa. It was heard by the Constitutional Court in 2023. The
case focused on women's rights and challenged certain laws and policies that were seen as
discriminatory. The court's decision aimed to promote gender equality and protect the rights of
women in South Africa.

Singh v Ramparsad 2007 (3) SA 445 (D)


The High Court in Singh v Ramparsad 2007 3 SA 445 (D) rejected the notion that the Marriages Act
and Divorce Act violated the constitutional rights of women in Hindu marriages and failed to
recognize Hindu marriages as valid in South Africa.
P Bakker 'Chaos in the family law: A model for the recognition of intimate relationships in
South Africa' 2013 PELJ 116"
P Bakker 'Chaos in the family law: A model for the recognition of intimate relationships in South
Africa' 2013 PELJ 116" is an article written by P. Bakker. It was published in the Potchefstroom
9Electronic Law Journal in 2013. The article discusses the challenges and proposes a model for
recognizing different types of intimate relationships in South African family law. It aims to bring
clarity and structure to the legal framework surrounding intimate partnerships. The article might
provide valuable insights into how South Africa can better address legal issues related to intimate
relationships.

L Mwambene 'Recent legal responses to child marriage in Southern Africa: The case of
Zimbabwe, South Africa and Malawi' 2018 AHRLJ 527
"L Mwambene 'Recent legal responses to child marriage in Southern Africa: The case of Zimbabwe,
South Africa and Malawi' 2018 AHRLJ 527" is an article written by L. Mwambene. It was published
in the African Human Rights Law Journal in 2018. The article examines how Zimbabwe, South
Africa, and Malawi have responded legally to the issue of child marriage. It discusses the measures
these countries have taken to address the problem and protect the rights of children. It might provide
valuable insights into the legal frameworks and approaches used to combat child marriage in Southern
Africa.

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