Is Polygamy Legal In South Africa?
Just what is polygamy?
Being married to multiple spouses is known as polygamy. The definition of polygamy given by Merriam-Webster is “marriage in which a spouse of either sex may have more than one mate at the same time.” Under specific conditions, it is acceptable in South Africa. Since it is common for men to have multiple wives in African cultures, polygamy is permitted in many of them.
What Is The South African Law Saying Regarding Polygamy?
According to South African law, for a polygamous union to be recognized as legal, both parties must be older than 18 years old, have given their consent under customary law, and the union must be observed, negotiated, and celebrated. Act No. 120 of 1998 established this.
How many wives can one man legally marry in South Africa?
The specific customs and traditions of the community where the marriage is taking place are among the many variables that affect the answer to this question, so there isn’t one that can be given with certainty. However, in South Africa, it is generally acknowledged that a man may have up to four wives at any given time.
What Are The Requisitions For A Polygamous Marriage
- A traditional union must be recorded. This is crucial, particularly with polygamous unions. You can consider yourself married if you wed a man in a religious ceremony. The parties to a marriage that is registered at Home Affairs and in which your husband marries again are entitled to everything because it is public record.
- A person who has been married under the Civil Union Act, which permits same-sex unions, is not eligible to get married again until the first union has been legally ended. As a result, only men are permitted to have multiple relationships with partners of the opposite sex.
- If the marriage is not legally recognized and the husband passes away, she might not have anything. The wife’s relatives can argue their right to everything and state that their spouse(s) won’t receive anything because there is no legal requirement for them to do so.
Is Polygamy Popular In South Africa?
In comparison to nations like Uganda, Kenya, and Mali, where polygamous marriages account for a much higher percentage of marriages, only a small portion of the population (13.8%) engages in such relationships.
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In South Africa how prevalent is polygamy?
Contrary to popular belief, polygamy is not a problem in South Africa. Some contend that it is not a significant issue because it occurs infrequently, while others assert that it is significant because it frequently occurs against one’s will and without consent.
Polygamy has advantages and disadvantages, but the reality is that it is not a common practice in South Africa and is generally not a serious issue.
Polygamy is legal under certain circumstances in South Africa. Ex-President Jacob Zuma currently has four legally-recognized wives. Polygamous marriages are not allowed under the Marriage Act and Civil Unions Act. The husband in a customary marriage wishing to marry a second wife must apply to a court for such a marriage to be legal.
