- Title
- Polygamy in the recognition of Customary Marriages Act:
- Creator
- Vincent, Louise
- Date Issued
- 2011
- Date
- 2011
- Type
- text
- Type
- article
- Identifier
- http://hdl.handle.net/10962/141809
- Identifier
- vital:38006
- Identifier
- DOI: 10.1080/10130950.2009.9676275
- Description
- The Recognition of Customary Marriages Act (RCMA) 1998, recognises customary marriages which are “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa” including polygamous marriages. The Act arises in the context of South Africa's Constitution which bans discrimination on grounds of culture and sexual orientation and allows for heterogeneity in its definitions of marriage and the family. A pluralist approach to family jurisprudence, however, is sometimes conceived of as setting up an irresolvable tension between the constitutional commitment to gender equality and protection for patriarchal prerogatives sanctioned by customary law. The fact that rights sometimes collide with one another is one of the reasons why it is impossible always to treat rights as absolute. When rights clash the question that arises is which of the rights that find themselves in tension with one another should give way and why?
- Format
- 8 pages
- Format
- Language
- English
- Relation
- Agenda
- Relation
- Vincent, L., 2009. Polygamy in the recognition of Customary Marriages Act. Agenda, 23(82), pp.58-65.
- Relation
- Agenda volume 23 number 82 58 65 May 2011 2158-978X
- Rights
- Publisher
- Rights
- Use of this resource is governed by the terms and conditions of the Taylor and Francis Online Terms and Conditions statement (https://www.tandfonline.com/terms-and-conditions)
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Vincent, Louise (Prof)
RU Department of Political and International Studies
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