The legal consequences of ilobola in African customary marriages in South Africa

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dc.contributor.advisor Boterere, Shammah
dc.contributor.postgraduate Mohlala, Kholofelo Mahlatse Napogadi
dc.date.accessioned 2024-02-22T12:59:35Z
dc.date.available 2024-02-22T12:59:35Z
dc.date.created 2024-04
dc.date.issued 2023
dc.description Dissertation (LLM (Private Law))--University of Pretoria, 2023. en_US
dc.description.abstract South Africa has a hybrid legal system which comprises of among others, common law and customary law. Customary marriages are officially recognised under the Recognition of Customary Marriages Act 120 of 1998, however, unwritten living customary law plays a pivotal role in the validation of such marriages. The enactment of the Recognition of Customary Marriages Act ensured that customary marriages received equal status like other legally protected marriages in South Africa. However, section 3(1)(b) of this statute which outlines the validity requirements of a customary marriage has had the unintended consequences of creating an inconclusive locus in respect of what a valid customary marriage entails. This provision requires that a marriage be “negotiated” and “entered into” or “celebrated” in accordance with customary law. In terms of living customary law, ilobolo must be followed by the handing over of the bride in order to conclude a customary marriage. This comprises of various events and rituals depending on the ethnic groups involved. In essence these two practices are mandatory for the valid conclusion of a customary marriage. The position is however unclear within the prism of official customary law. This is elaborate in the dissensus within the judiciary in respect of the customary marriage practices that confirm the valid conclusion of a customary marriage. Due to the contestation centred around proving the existence of a valid customary, there are growing debates as a result of the judiciary’s inconsistent and at times misinterpretation on the provisions of section 3(1)(b). In light of this background, this research explores this debate and aims to provide clarity regarding the essential requirements for the valid conclusion of customary marriages in South Africa. In summary, this research investigates the legal consequences that the practice of ilobola paired with the custom of handing over the bride as an integral part of the marriage, have in the validation of a customary marriage. In doing so, the research considers official and living customary law by analysing various conflicting judgments on this debate. The study makes recommendations on how to resolve the inconsistencies, misinterpretations, and discord of what validates a customary marriage. en_US
dc.description.availability Unrestricted en_US
dc.description.degree LLM (Private Law) en_US
dc.description.department Private Law en_US
dc.description.faculty Faculty of Laws en_US
dc.description.sdg SDG-05:Gender equality en_US
dc.identifier.citation * en_US
dc.identifier.other A2024 en_US
dc.identifier.uri http://hdl.handle.net/2263/94846
dc.language.iso en en_US
dc.publisher University of Pretoria
dc.rights © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subject UCTD en_US
dc.subject Ilobola en_US
dc.subject Customary marriage en_US
dc.subject Validity en_US
dc.subject Requirements en_US
dc.subject Tradition en_US
dc.subject Culture en_US
dc.subject Kinships en_US
dc.subject Recognition of Customary Marriages Act en_US
dc.subject Living customary law en_US
dc.subject Official customary law en_US
dc.title The legal consequences of ilobola in African customary marriages in South Africa en_US
dc.type Mini Dissertation en_US


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