Polygyny is allowed in South Africa, but polyandry is not. The terms are not as familiar to most people, but they refer to practices that are not allowed in many countries – marriages with more than one partner. Polygyny means that a man marries several women, and polyandry refers to a woman with several husbands. A man with several women is much more common, and in some cultures in Africa and elsewhere, men are legally allowed to marry several women. This is also the case in South Africa. But at the moment, there is a political debate in the country about whether women should be granted the same rights as men in principle. If South Africa decided to change the laws, it would be legal for women to marry multiple husbands. South Africa does not recognize polyandry, which is the practice of having a wife more than one husband. This is because polygamy is legal in South Africa under certain circumstances. The circumstances are practices of different cultures and religions in South Africa. Unfortunately, there are no religions or cultures that recognize that a woman has multiple husbands. So if there is no recognition, it does not fall under „certain circumstances”, so in South Africa, only men are allowed to be polygamous. If you or your partner are a minor (under the age of 18) in the custody of your respective parents or legal guardian, only the written consent of the parent/guardian (Form DHA-32) is required for you to obtain a marriage certificate.
A marriage concluded without the legally required consent of the parents or guardian may be annulled, in other words, it is annulled by the High Court at the request of the parents or guardian: the Recognition of Customary Marriages Act 120 of 1998 (RCMA) legalized such unions, including polygamous marriages. This law was introduced to improve the position of a woman in an ordinary marriage. It was here that, for the first time, it was established that a woman should be equal to her husband. If you are unsure of any of these issues, a lawyer should be sought before the wedding. The parents of a future minor spouse must accept the marriage. If he has no parents, his legal guardian must give his consent. If the parent or guardian cannot agree, a child care officer may be asked to give consent. If consent is withheld by one of the parents, the legal guardian or the Commissioner for Child Protection, only a High Court judge may consider granting consentIf one of the intended spouses is already a spouse in a civil marriage, no ordinary marriage can be entered into during the existence of the civil marriage. A similar provision also applies to ordinary marriages contracted on or after 1 December 1988.
If the marriage is not registered and the husband dies, there is a chance that he will have nothing left. The husband`s family can claim anything and declare that the woman or women will not get anything because there is no legal obligation. Professor Machoko has researched polyandry in his native country – neighbouring Zimbabwe. He spoke to 20 women and 45 men who practiced it, even though such marriages are socially taboo and not legally recognized. Commenting bitterly on the Saturday Star, Kevin Ritchie commented: „What the media got wrong was the almost complete failure to ask women what they think about having multiple husbands. It`s pretty obvious what most South African men want, although those who are married say so is quite difficult to follow a woman. Given our rate of fathers beaten to death, absent fathers, and abusive husbands, there may be some benefit to legalizing polyandry. Maybe women want more than one man; one to make the garden, one to cook and one to make the bed, literally and figuratively. We won`t know because no one dared to ask them.
Instead, it was the polygamists who seemed to make the most noise. Polygamy is the practice of being married to more than one spouse. According to Merriam-Webster, polygamy is defined as „a marriage in which a spouse of both sexes may have more than one partner at a time.” It is legal in South Africa under certain circumstances. Many African traditions allow polygamy, as it is normal for a man to have more than one wife. There have been attempts to solve this problem. Article 11A has been implemented. It removed the problem of ownership and credit, but did not change their legal status. As a result, changes have been made to consider women over the age of 21 as legal majorities. However, this did not work because Article 27(3) of the Natal Code (1985) always stipulated that a husband controlled his wife(s).
If a parent whose consent is required by law but whose consent cannot be found or who is legally unable to do so, an application for consent to marriage may be made to a Child Welfare Commissioner. Nevertheless, centuries of colonialism and racist policies have left a heavy legacy when it comes to the recognition of marriage equality: for example, the law still does not recognize religious marriages celebrated by Muslim, Hindu and Jewish communities. The rules on marriage clearly need to be revised (not least because it is not clearly forbidden to marry a minor), which is why the Ministry of the Interior collected comments and suggestions from civil society, which were then summarised in the 76-page Green Paper. It deals with a variety of issues, including legal gender recognition for people who are already married. Human rights activists have demanded that equality require that polyandry be legally recognized as a form of marriage.a proposal by the South African government to legalise polyandry – if a wife has more than one husband at the same time – has led to howls of protest from the conservative side. Although this was widely welcomed by the affected communities, the proposal to legalize polyandry was condemned by clerics who sit in parliament. Polygamy, in which men marry several women, is legal in the country. The document also proposes to legally recognize Muslim, Hindu, Jewish and Rastafarian marriages. Polygamy is legal in South Africa under certain circumstances. All polygamous marriages concluded in accordance with the provisions of the Law on the Recognition of Marriages Between The Common Is Legal. A husband in an existing ordinary marriage who wishes to marry a second wife must apply to a competent court that such a marriage is legal.
For example, former President Jacob Zuma currently has four legally recognized wives. The court shall take into account the interests of all parties to the marriage and may add any conditions which it considers customary only for polygamous marriage. Polygamous marriages are not permitted under the Marriage Act and the Civil Partnerships Act. Under the Recognition of Customary Marriages Act 120 of 1998, arranged marriages and polygamous marriages are legal in South Africa. A Green Paper was recently presented proposing that women should also have the right to be legally married to more than one husband. A green paper is a discussion paper on government policy that outlines the course of action the government should take. The Green Paper is a precursor to a White Paper. The White Paper identifies a policy that has been approved. South African law states that for polygamous marriage to be legal, both partners must be over 18 years of age, they must accept association under customary law, this law must be followed, negotiated and celebrated. This was provided for by Law No.
120 of 1998. Professor Machoko said he was not aware of polyandrian marriages in South Africa. Nevertheless, equality activists have called on the government to legalize these unions in the interest of equality and freedom of choice, as the law currently allows a man to take more than one woman. „Which family will this child belong to?” asks Mseleku. Ordinary marriages must be registered within three months of admission. This can be done in any office of the Ministry of the Interior or through a designated traditional chief in areas where there are no offices from the interior. 1.2 Monogamous marriages of heterosexual blacks were governed by the Partially Repealed Black Administration Act 38 of 1927 The following persons had to report to a Ministry of the Interior or a traditional chief in order to register a joint marriage: Another reason was infertility – some men agreed that the woman would take another husband so that she could have children. In this way, men „saved face” in public and avoided being stigmatized as „emasculated.” The first issue of a shortened marriage certificate is free, and a new exhibit is R75.00 Almost all the comments have been imbued with misogyny. To give just one example, Evangelist Rev. Kenneth Meshoe, who founded the right-wing African Christian Democratic Party (ACDP) movement, said: „If a woman is divided by three men and they all want her the same night, what will happen? This can lead to a fight. Men are jealous! ». But Meshoe has no problem with polygyny, which he defends as part of the tradition.
For this politician and religious man, a woman is clearly an object that a husband is allowed to use as and when he wants, and male jealousy justifies violence. Businessman and TV personality Musa Mseleku – who has four wives – is among those who oppose polyandry. Professor Machoko said the concern about children born to a polyandrian association is rooted in patriarchy. Mills and Gouws` conclusions may be a bit simplistic, but they show us reality from a point of view that is almost never taken into account. On the other hand, as local newspaper The Star notes, „reactions to the Green Paper have also been enlightening because it has once again shown that South Africa remains culturally conservative overall.” There is perhaps one more important element highlighted in the editorial, „but while South Africans can be considered conservative, we are also tolerant of those who do not share our cultural practices, as our country is a melting pot.” .