Kayleigh May
Student number: 68021321
IND2601 – Assignment 1
Date: 07/06/2021
, Question 1
Section 30 of the Constitution1 provides the following:
“Everyone has the right to use the language and to participate in the cultural life of their
choice, but no one exercising these rights may do so in a manner inconsistent with any
provision of the Bill of Rights.”2
The right to participate in the culture of one person’s own choice, has made way for
customary law to be recognized in Section 30. Though the concept of “culture” does not
have one single meaning, it could be interpreted as being inclusive of systems of personal
law that associate with specific cultures. It may also be interpreted as only including the
non-legal aspects of social life. When sections 30 and 15 are read together, it can be said
that section 15 has led up to customary marriages being recognized as “marriages” for
all purposes.
Section 15(3)(a) reads as follows:
This section does not prevent legislation recognizing
(i) Marriages concluded under any tradition, or a system of religious, personal
or family law; or
(ii) Systems of personal and family law under any tradition or adhered to by
persons professing a particular religion.
This section provides that legislation be enacted that acknowledges marriages concluded
under any tradition or a system of religious, personal or family law – this section does not
have the effect of granting such recognition.
When reading section 39 together with section 30, it can be argued that the state is
mandated to apply and acknowledge customary law. Section 39(1) of the Constitution
reads as follows:
(1) When interpreting the Bill of Rights, a court, tribunal or forum –
1
Constitution of the Republic of South Africa 1996
2
Currie and De Waal, The Bill of Rights Handbook 250
Student number: 68021321
IND2601 – Assignment 1
Date: 07/06/2021
, Question 1
Section 30 of the Constitution1 provides the following:
“Everyone has the right to use the language and to participate in the cultural life of their
choice, but no one exercising these rights may do so in a manner inconsistent with any
provision of the Bill of Rights.”2
The right to participate in the culture of one person’s own choice, has made way for
customary law to be recognized in Section 30. Though the concept of “culture” does not
have one single meaning, it could be interpreted as being inclusive of systems of personal
law that associate with specific cultures. It may also be interpreted as only including the
non-legal aspects of social life. When sections 30 and 15 are read together, it can be said
that section 15 has led up to customary marriages being recognized as “marriages” for
all purposes.
Section 15(3)(a) reads as follows:
This section does not prevent legislation recognizing
(i) Marriages concluded under any tradition, or a system of religious, personal
or family law; or
(ii) Systems of personal and family law under any tradition or adhered to by
persons professing a particular religion.
This section provides that legislation be enacted that acknowledges marriages concluded
under any tradition or a system of religious, personal or family law – this section does not
have the effect of granting such recognition.
When reading section 39 together with section 30, it can be argued that the state is
mandated to apply and acknowledge customary law. Section 39(1) of the Constitution
reads as follows:
(1) When interpreting the Bill of Rights, a court, tribunal or forum –
1
Constitution of the Republic of South Africa 1996
2
Currie and De Waal, The Bill of Rights Handbook 250
