Form over function? The practical application of the Recognition of Customary Marriages Act 1998 in South Africa
- Authors: Kruuse, Helen
- Date: 2013
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54094 , vital:26389 , http://journals.co.za/content/ju_jur/2013/1/EJC148455
- Description: The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article explores the interactions between this ideal in the Act with empirical observations and the latest judicial decisions concerning its application. It considers various examples of the lack of protection of women in relationships of a customary nature, and it concludes that both the state and courts favour a formal or definitional approach to customary marriage. In considering alternative approaches that could adequately protect vulnerable parties, two conclusions emerge: First, the article recommends a wholesale revision of the South African family law approach from a focus on form to dependency. Second (and as a short-term measure), the article advocates for the putative marriage doctrine to be applied in the customary marriage context to protect many women who are denied access to 'customary marriage' as a form, and as a result, all of the benefits that flow from such marriage.
- Full Text:
- Date Issued: 2013
- Authors: Kruuse, Helen
- Date: 2013
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54094 , vital:26389 , http://journals.co.za/content/ju_jur/2013/1/EJC148455
- Description: The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article explores the interactions between this ideal in the Act with empirical observations and the latest judicial decisions concerning its application. It considers various examples of the lack of protection of women in relationships of a customary nature, and it concludes that both the state and courts favour a formal or definitional approach to customary marriage. In considering alternative approaches that could adequately protect vulnerable parties, two conclusions emerge: First, the article recommends a wholesale revision of the South African family law approach from a focus on form to dependency. Second (and as a short-term measure), the article advocates for the putative marriage doctrine to be applied in the customary marriage context to protect many women who are denied access to 'customary marriage' as a form, and as a result, all of the benefits that flow from such marriage.
- Full Text:
- Date Issued: 2013
South African quality of life trends over three decades, 1980–2010
- Authors: Moller, Valerie
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67145 , vital:29040 , https://doi.org/10.1007/s11205-012-0120-y
- Description: publisher version , The South African Quality of Life Trends study has tracked the subjective well-being of South Africans in ten waves from 1983 to 2010. The paper presents the SAQoL trendline of life satisfaction, happiness and perceptions of life getting better or worse against the backdrop of the transition from apartheid to democracy. Subjective well-being peaked in the month following the first open elections in April 1994 when black and white South Africans were equally satisfied and happy at levels found in other democratic societies. But post-election euphoria was short-lived and levels of well-being dropped the following year and racial inequalities in evaluations of life re-emerged. The tenth and latest wave in the study was conducted a few months after South Africa’s successful hosting of the Soccer World Cup. In 2010, the proportions of all South Africans expressing satisfaction, happiness and optimism was among the highest since the coming of democracy—just over half stated they were satisfied, close on two-thirds were happy, and half felt life was getting better. Nonetheless, while the standard of living has increased for a minority of formerly disadvantaged South Africans and a small black middle class has emerged, there are still huge disparities in both material and subjective well-being. In 1997 and 2010, South Africans were asked what would make them happier in future. In 2010, the majority of citizens still hoped for basic necessities, income and employment, to enhance their quality of life.
- Full Text: false
- Date Issued: 2013
- Authors: Moller, Valerie
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67145 , vital:29040 , https://doi.org/10.1007/s11205-012-0120-y
- Description: publisher version , The South African Quality of Life Trends study has tracked the subjective well-being of South Africans in ten waves from 1983 to 2010. The paper presents the SAQoL trendline of life satisfaction, happiness and perceptions of life getting better or worse against the backdrop of the transition from apartheid to democracy. Subjective well-being peaked in the month following the first open elections in April 1994 when black and white South Africans were equally satisfied and happy at levels found in other democratic societies. But post-election euphoria was short-lived and levels of well-being dropped the following year and racial inequalities in evaluations of life re-emerged. The tenth and latest wave in the study was conducted a few months after South Africa’s successful hosting of the Soccer World Cup. In 2010, the proportions of all South Africans expressing satisfaction, happiness and optimism was among the highest since the coming of democracy—just over half stated they were satisfied, close on two-thirds were happy, and half felt life was getting better. Nonetheless, while the standard of living has increased for a minority of formerly disadvantaged South Africans and a small black middle class has emerged, there are still huge disparities in both material and subjective well-being. In 1997 and 2010, South Africans were asked what would make them happier in future. In 2010, the majority of citizens still hoped for basic necessities, income and employment, to enhance their quality of life.
- Full Text: false
- Date Issued: 2013
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