The Recognition of Customary Marriages Act provides for the legalization of polygamy under certain circumstances in South Africa. Any polygamous marriage arranged under this Act is legal. If a husband wishes to marry a second wife in an existing customary marriage, he must file an application with a competent court for the marriage to be legalized.
There are two types of matrimonial regimes in South Africa: civil marriage and customary marriage. Civil marriages are different for each ethnicity and make up around 3% of all marriages. While civil marriages are always between two people, customary marriages in some communities allow polygamy, where one man is married to more than one woman.
While a man can marry several wives (polygamy) in South Africa, a woman cannot have multiple husbands (polyandry). Politicians have declined to amend legislation to legalize polyandry in South Africa in 2021, despite discussions of giving women the same rights as men.
The Reasons for Rejecting the Legalization of Polyandry in South Africa
According to the government, the following reasons led to its rejection:
- There is no place for polyandry in the dominant patriarchal culture, where men with multiple partners are accepted or tolerated.
- The practice of polyandry is contrary to traditional and religious beliefs.
- Polyandry can negatively affect family dynamics.
- Polyandrous relationships present difficulties when proving paternity for children.
In countries like Malaysia, India, Singapore and the Philippines, the governments permit polyandrous marriages, but only for Muslims. Thus, women can have more than one husband like their male counterparts. We suspect that South Africa won’t join these countries in the near future, however.
It is imperative to check your marital status if you are planning to get married soon. If you are planning to get married, you should make sure you have not already been married legally. It is common for people to become victims of this type of scam without being aware of it.
Our team at DocAssist can help you verify your marital status or obtain an unabridged marriage certificate if you need it. Contact us today.