RLLB81 ASSIGNMENT 2 -2024 S2
TOPIC- THE PROTECTION OF THE RIGHTS OF WOMEN IN CUSTOMARY
MARRIAGES IN SOUTH AFRICA THROUGH THE RECOGNITION OF
CUSTOMARY MARRIAGES ACT 120 OF 1998.
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ABSTRACT
This research critically examines how the Recognition of Customary Marriages Act
120 of 1998 (RCMA) in South Africa protects women’s rights within customary
marriages. It assesses whether the Act effectively safeguards these rights by
exploring key areas such as the criteria for a valid customary marriage, issues with
proving validity, the consequences of nonregistration, and the implications of divorce.
Although the RCMA aims to grant equal status and rights to spouses, the study
identifies significant shortcomings in protecting women, particularly regarding the
challenges of nonregistration and the complexities of proving marriage validity, which
often disadvantage women. The findings indicate a need for legislative reforms and
stronger enforcement measures to ensure the RCMA adequately protects women’s
rights in customary marriages. This research contributes to ongoing debates on
gender equality in South African customary law.
KEY WORDS
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Customary Marriages,
Women's Rights,
South Africa,
Legal Pluralism,
RCMA