key to the study guide - Name

Jurisdiction In the paragraph under the heading ``(iv) Jurisdiction'' on page 198 you
will see that a divorce order in respect of a customary marriage must be
obtained from the high court, family court, or divorce court. The Act
however preserves the role of customary mediators.
Interim relief The last aspect regarding the dissolution of a customary marriage which
youhavetostudyisinterim relief. On page 198 you will see that, pending
their divorce, either spouse may invoke Rule 43 of the Uniform Rules of
Court.
Dissolution by a
spouse's death
On page 198, your textbook further explains that the Recognition of
Customary Marriages Act does not regulate the dissolution of customary
marriages by a spouse's death. You will see that the reason for this can
probably be found in the fact that, as a result of the sororate and levirate
customs, customary unions are not necessarily dissolved by a spouse's
death.
ACTIVITY
What does the Recognition of Customary Marriages Act provide about the
dissolution of a customary marriage by death? What would you say is the
reason for this?
FEEDBACK
The Act is silent on the dissolution of a customary marriage by death. The
reason for this may be the fact that as a result of sororate and levirate
customs, customary marriages are not necessarily dissolved by death.
7 A CIVIL MARRIAGE BY A SPOUSE WHO IS A PARTY TO A CUSTOMARY
MARRIAGE
On pages 206±207 of the textbook you will see that all civil marriages
remain monogamous as a result of the provisions of section 10(4) of the
Recognition of Customary Marriages Act. You also need to be able to
discuss the position where the parties to a customary marriage wish to
enter into another marriage. This matter and the provisions of section
10(2) of the Act are discussed on pages 207±208 of the textbook. You
must study the provisions of section 10(2) thoroughly. Also note the
shortcoming of this subsection, namely that it does not properly regulate
the consequences of the interface between the couple's customary and civil
marriage. Lastly also note the conclusion of the authors of your textbook
on page 208 that customary law should apply in respect of the proprietary
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