Maithufi, Ignatius PhilipBekker, Jan C.2009-11-112009-11-112009Maithufi, IP & Bekker, JC 2009, 'The existence and proof of customary marriages for purposes of Road Accident Fund claims', Obiter, vol. 30, no. 1, pp. 164-174. [http://www.journals.co.za/ej/ejour_obiter.html]1682-5853http://hdl.handle.net/2263/11809The enactment of section 31 of the Black Laws Amendment Act 76 of 1963 has been hailed as an important milestone in law reform (see Dlamini "Claim by Widow of a Customary Union for Loss of Support" 1984 SALJ 346). The main aim behind the enactment was to grant the widow of a customary marriage the right to "claim damages for loss of support from any person who unlawfully causes the death of her husband or is legally liable in respect thereof; provided that, at the time of his death, neither of them was a party to a subsisting civil marriage and that the customary marriage was also subsisting at that time" (Bekker Seymour's Customary Law in Southern Africa 1989 379; and see also Pasela v Rondalia Versekeringskorporasie van SA Bpk 1967 1 SA 339 (W)).enFaculty of Law, University of Port ElizabethBlack Laws Amendment Act 76 of 1963Customary marriagesRoad Accident FundMarriage law -- South AfricaInsurance, Automobile -- Law and legislation -- South AfricaThe existence and proof of customary marriages for purposes of Road Accident Fund claimsArticle