South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

Is a man allowed to marry unbder the civil law and customary…

Customer Question
Hi. Is a man...

Hi. Is a man allowed to marry unbder the civil law and customary law. The man is married to his wife under civi law and wants to take a second wife under customary law with the permission of his first wife, is this allowed? will the customary law be recognised

Lawyer's Assistant: What steps has he taken? Has he filed any papers in family court?

No, not as yet. Negotiations for lobol for the second wife are currenly underway

Lawyer's Assistant: Family law varies by state. What state are they in?

I am in South Africa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thats my only question

Submitted: 13 days ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 1 day by:
4/13/2018
Lawyer: Josie-Mod,
 replied 12 days ago
Josie-Mod
Category: South Africa Law
Satisfied Customers: 8
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Ask Your Own South Africa Law Question
Customer reply replied 12 days ago
Hi. I still need a reponse, I have paid the consultation fee
Lawyer: Christiaan K,
 replied 9 days ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 206
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

I have noticed that your question remains unanswered for a very long time. I will try to assist you in answering your question.

Even though the The Recognition of Customary Marriages Act recognizes customary marriages in SA, neither party to a civil marriage will be able to enter into customary marriages with anyone else while they are married under civil law.

According to the website of the Department of Justice, the following requirements must be met for a customary marriage:

Requirements for a valid customary marriage
The general requirements for a valid customary marriage entered into after the commencement of the Act are as follows:

  1. The prospective spouses must both be above the age of 18 years;
  2. They must both consent to be married to each other under customary law; and
  3. The marriage must be negotiated and entered into or celebrated in accordance with customary law.
  4. If either of the prospective spouses is a minor, either his or her parents, or if he or she has no parents, his or her legal guardian, must consent to the marriage. If there is no legal guardian, the Act provides for substitute consent.
  5. The parties must not be prohibited from marriage because of relationship by blood or affinity as determined by customary law.
  6. In addition to the above requirements, a husband in a customary marriage who wishes to enter into a further customary marriage with another woman after the commencement of the Act, must comply with a further requirement set out in section 7(6) of the Act, namely an application to the Court to approve a written contract which will regulate the future matrimonial property system of his marriages. Non-compliance does not render the subsequent marriage null and void, but will render it to be a marriage out of community of property. In the case of Mayelane v Ngwenyama and another (Womens’ Legal Centre Trust and others as amici curiae) 2013 (8) BCLR 918 (CC) it was confirmed that the husband must obtain the consent of the first wife before he may enter into a further customary marriage. Failure to do so will render the further marriages automatically as out of community of property.
  7. A party to a civil marriage cannot validly enter into a customary marriage with another person while the civil marriage exists.

I hope that I have answered your question.

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?
Ask Christiaan K Your Own Question
Christiaan K
Christiaan K
Christiaan K
Category: South Africa Law
Satisfied Customers: 206
206 Satisfied Customers
Experience: Attorney & Director at Lombard Kotze Incorporated

Christiaan K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,705 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,248 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

206 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
My fiance is in a relationship with someone else and this
My fiance is in a relationship with someone else and this person has in the past followed me around, stayed outside my house overnight, sent me, my mother and my elder brother threatening messages and once tried to drive me off the road by closely following me at high speed. … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I would like to know whether marriage couples could file for
I would like to know whether marriage couples could file for separation while living together? I however, understand that separation doesn't exist in our common law but is such a contract to protect c… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I need to get court appointed guardianship of child so that
I need to get court appointed guardianship of child so that I can complete the application for his study permit. What is the process? … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Can you please give me some advice. We bought a mini
Can you please give me some advice. We bought a mini supermarket a few months back. The previous owners daughter decided to stay on and work for us. But then 3 months later she literally just said one day she does not enjoy her work anymore. And left. 2 weeks later she opened a shop selling what we sell around the corner. … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
A friend of mine went through a divorce but due to no
A friend of mine went through a divorce but due to no settlement agreement the subsequently went through a liquidation process. as part of the process she was given the house that had a bond of R1.4m … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I have issue which happened with Scoin Shop. Gauteng.
Hello, i have issue which happened with Scoin Shop … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I am wondering if get arrested in a foreign country and am
I am wondering if get arrested in a foreign country and am either fined , deported or incarcerated . How would this affect me on my return home ? I am from South Africa… read more
Christiaan K
Christiaan K
206 satisfied customers
I was caught ahoplifting last week due to a dare my friend
Hi i was caught ahoplifting last week due to a dare my friend made i took one item bioplus but got caught and they contacted the police ho then gave me my rights and i went to the police station for a… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Me and my wife we had issues since our marriage in 2013 and
Me and my wife we had issues since our marriage in 2013 and trust between us is at all time low. There seems no realistic prospect of resolving however we don't want to give up yet. Now the biggest pr… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
About a week ago I was stuck in a parking lot. Their payment
Hi. About a week ago I was stuck in a parking lot. Their payment system did not work since it was on a new credit card system. I tried paying at two different booths with no success. I got irritated a… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I would like to know what would happen if I was arrested in
I would like to know what would happen if I was arrested in another country and either fined , deported or incarcerated . What would happen on my return to South Africa… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
Our company imports and distributes CCTV equipment through
Our company imports and distributes CCTV equipment through resellers and installers. Should we be registered with PSIRA? … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I built a Granny flat on my daughter's property what are my
I built a Granny flat on my daughter's property what are my rights when she sells? … read more
Christiaan K
Christiaan K
206 satisfied customers
Sorry, I did not notice that the site is in USA, I am in
Sorry, I did not notice that the site is in USA, I am in South Africa … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I I am in South Africa. I own a small company (registered as
Good day. I I am in South Africa. I own a small company (registered as PTY Ltd) which I want to relocate to new premises. The new lease agreement requires that I sign surety in my personal capacity. I… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
I just sent you my legal question. Kind Regards. I am in
hi, i just sent you my legal question. Kind Regards Ryan … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,705 satisfied customers
The bus is register to my mom name then my mother pass away
The bus is register to my mom name then my mother pass away the is no agreement writen down must Igive the back to THE company or keep it … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I need some advice please! I have had a bond with ABSA since
Hi, I need some advice please! I have had a bond with ABSA since 2008 and in 2010 I defaulted but paid all the monies owed plus the interest and have not missed a payment since. I am now informed that… read more
Christiaan K
Christiaan K
206 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x