IND 2601 ASSIGNMENT 2

a) The requirements of a customary Union in KwaZulu –Natal vs the requirements of a customary Marriage in terms of section 3 of the Recognition of Customary marriages Act 120 of 1998. The Recognition of Customary Marriages Act 120 of 1998, came into operation in November 2000, and had retrospective effect as all customary marriages became fully validated, irrespective of the date of their conclusion. Before then customary marriages received limited recognition. There is a distinction between customary marriages entered into before and after the introduction of this Act. Historically, a distinction was made between marriages concluded in KwaZulu-Natal and those concluded in the rest of South Africa. Such a distinction is still applicable, as the Act recognises – and declares valid – marriages that were concluded before the commencement of the Act. For the purpose of this essay we will discuss the and compare the requirements of a customary Un