Tag: customary law

Martin van Staden | Head | Policy | Free Market Foundation | mail me | No matter what legal tradition you grew up with or which you...

Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important.

South African Customary Law consists of various customs, traditions and practices that are carried out, including during the process of getting married. It forms part of the observations of culture and traditions that date back decade upon decade.

Any society that restricts the economic participation of half of its members is doomed to failure, and women make up roughly half of the population in any society. Regression studies reveal that equality before the law is second only to inflation in terms of its contribution to GDP per capita growth.

It is traditional wedding season and the controversial customary marriage topic is relevant as it affects many families in South Africa. With the inequality report released last week showing that women earned about 30% less on average than men, what are the repercussions of this to the dynamic of these relationships?

The practice of lobola is an intrinsic part of getting married for many South Africans. But is it a tradition or a legal process? A legal marriage protects your rights, particularly your property rights, if the marriage fails. That’s why it is important for South Africans to know the relationship between lobola and a legal marriage.