Civil weddings don’t erase customary marriages

Loading player...
South Africa’s highest court has just delivered a landmark ruling on how marriage law works when traditional customs meet modern civil law, and it could affect thousands of couples, especially here in KwaZulu-Natal, where customary marriages are common.
The Constitutional Court has clarified that a civil marriage does not erase or override an existing customary marriage. Instead, the two forms of marriage combine into one continuous legal union, and that has big implications, particularly for property rights, asset division and how matrimonial property is governed when spouses decide to enter into a civil marriage after being married under customary law.
To help us understand what this ruling actually means, especially for families and couples here in KZN, and how it might affect things like property, inheritance and asset protection, we turned to our Legal Expert on Family Law, Chulumanco Ncapai, from Shepstone and Wylie Attorneys for deeper insight.
22 Jan English South Africa Society & Culture · Personal Journals

Other recent episodes

Gone then back: A daughter's struggle with a deadbeat dad

A father who vanished for years has suddenly slid back into his child's DMs and no, it was not to apologise, not to reconnect, but to ask for money. This week's confessor had to take their own dad to court just to get help with varsity fees and even then…
12 Mar 10 min

Ziya Mohanlall : A cricket prodigy at just 14 years old

if you needed a reminder that the future of South African cricket is looking incredibly bright, this next story will do exactly that. At just 14 years old, a Durban Girls’ College learner is already making serious waves on the cricket field. Ziya Mohanlall, who’s only in Grade 9, has…
12 Mar 5 min

Girls outperform boys in education. What's the next step?

If you’re raising a daughter who’s thriving in the classroom, a son who might be quietly falling behind or you’re simply a parent trying to give your child the best possible start in life, this conversation is for you. As we reflect on International Women’s Day, which was on Sunday,…
11 Mar 11 min

Who’s your hero and why? - The kids weigh in!

Every Wednesday, Aunty Stacey and Uncle J Sbu open the phone lines of the kids of KZN to take over. This week, we spoke about the person you look up to. someone who makes them feel safe, inspired, or brave enough to dream a little bigger. It could be a…
12 Mar 4 min

Tourism in South Africa: Is it an economic lifeline or local disruption?

Is tourism South Africa’s economic lifeline, bringing jobs and billions into the country, or is it slowly eroding local lifestyles and pricing residents out of their own communities? J Sbu painted the following picture: A German couple lands at OR Tambo. They hire a car, sleep in a guesthouse, eat…
10 Mar 13 min