To be or not to be : does this question still arise?

Abstract

Some years back, two articles with the titles "Civil marriage and customary union - 'To be (valid) or not to be (valid) that is the question'" (Mafubelu 1981 De Rebus 573) and "Protection of a customary union wife" (Mqeke 1980 De Rebus 597) which commented on the validity of an existing customary marriage when a husband to such marriage had contracted or entered into a civil marriage were published. Other articles appeared during this period which pleaded for the recognition of the then so-called customary union as a valid marriage in South African law (Dlamini "Recognition of a customary marriage" 1982 De Rebus 593; Maithufi "Causing the death of a breadwinner - the customary marriage widow's problem" 1986 De Rebus 555; Labuschagne "Erkenning van die inheemse huwelik" 1991 THRHR 843). This debate was sparked by the failure of South African law to recognize certain types of marital relationships, in particular customary marriages, as valid marriages.