Gumede v President of the Republic of South Africa : harmonisation, or the creation of new marriage laws in South Africa?

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Authors

Bekker, Jan C.
Van Niekerk, Gardiol J.

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Journal ISSN

Volume Title

Publisher

The Verloren van Themaat Centre for Public Law Studies, UNISA

Abstract

The Recognition of the Customary Marriages Act and the judgment in Gumede have replaced the African customary marriage with an official statutory marriage. This does not come as a surprise. The decision followed effortlessly in the footsteps of Bhe (supra) which abolished the customary law of succession. Joining the ranks of other cases and legislation, Gumede has made a significant contribution to the development of an official customary law which is in harmony with constitutional principles.

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Keywords

Customary Marriages Act, New marriage laws, Gumede v President

Sustainable Development Goals

Citation

Bekker, J & Van Niekerk, G 2009, 'Gumede v President of the Republic of South Africa : harmonisation, or the creation of new marriage laws in South Africa?', SA Publiekreg/SA Public Law, vol. 24, no. 1, pp. 206-222.