key to the study guide - Name

. A civil marriage by a spouse who is a party to a customary marriage
(19) What does section 10(2) of the Recognition of Customary
Marriages Act provide, and what is the result of this provision?
. The Constitution and customary marriages
(20) Which constitutional values are relevant with regard to the issue
of the recognition of customary marriages?
(21) Briefly discuss the constitutional arguments for the recognition of
customary marriages.
(22) Briefly discuss the constitutional arguments against the recognition
of customary marriages.
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER
PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS
STUDY UNIT.
Below follows an example of a problem-type question:
Temba has two customary wives, Thembi and Lindi. He married Thembi in
1990 and Lindi in 1996. He now wants to divorce Thembi and marry
Thandi. Advise Temba on
(1) the grounds for divorcing Thembi
(2) the patrimonial consequences of the divorce (Temba and Thembi have
no children.)
(3) the requirements which must be met for his marriage to Thandi to be
valid
(4) the patrimonial consequences of his marriage to Thandi
(5) Thandi's status as a customary wife
(6) Lindi's status as a customary wife
SUMMARY
In this study unit you learned
. that customary marriages were invalid in terms of common law
. that customary marriages became valid for all purposes when the
Recognition of Customary Marriages Act came into operation
. what the legal requirements for a valid customary marriage are
. that customary marriages must be registered
. what the proprietary consequences are of customary marriages entered
into before the coming into operation of the Recognition of Customary
Marriages Act, and what the proprietary consequences are of
customary marriages entered into after the coming into operation of
the Act
. how the Recognition of Customary Marriages Act changed the status
of a wife in a customary marriage
233