Recognition of customary marriages act 120 of 1998?
Question: Recognition of customary marriages act 120 of 1998?
The Recognition of Customary Marriages Act 120 of 1998 (RCMA) was enacted to provide for the recognition and regulation of customary marriages in South Africa. The Act also provides for the equal status and capacity of spouses in customary marriages, and the proprietary consequences of customary marriages and the capacity of spouses of such marriages.
Prior to the enactment of the RCMA, customary marriages were not recognized by South African law. This meant that spouses in customary marriages did not have the same legal rights as spouses in civil marriages. The RCMA was therefore a significant step forward in the recognition and protection of customary marriages in South Africa.
The RCMA defines a customary marriage as a marriage concluded in accordance with customary law. Customary law is the body of law that is practiced by a particular community or group of people. It is often based on tradition and custom, and it may vary from community to community.
The RCMA provides for the registration of customary marriages. Registration is not mandatory, but it is recommended as it provides evidence of the existence of the marriage. To register a customary marriage, the spouses must provide the registering officer with certain information, including their identities, the date of the marriage, and any lobolo (bride price) that was paid.
The RCMA also provides for the dissolution of customary marriages. A customary marriage can be dissolved by agreement of the spouses, by a court order, or by the death of one of the spouses. If a customary marriage is dissolved, the spouses may be entitled to a division of their marital assets.
The RCMA has been praised for its role in promoting equality and protecting the rights of spouses in customary marriages. However, the Act has also been criticized for its complexity and for its failure to address some of the challenges faced by spouses in customary marriages. For example, the Act does not address the issue of polygamy, which is still practiced by some communities in South Africa.
0 Komentar
Post a Comment