Broadening the divide between official and living customary law : Mayelane v Ngwenyama 2010 4 SA 286 (GNP); [2010] JOL 25422 (GNP)

Abstract

Legal and anthropological literature on polygyny in South Africa abounds and the issue whether this institution in African customary law should be recognised officially has been thoroughly considered by academics, interested parties and, not least, the South African Law Reform Commission. It was certainly then not a rash decision to give recognition to polygynous African marriages in the Recognition of Customary Marriages Act 120 of 1998