Polygamous Marriages

This essay will be looking at the problem of polygamous marriages according to the Constitution and with regards to the latest precedent. Several cases will probably be looked at to provide insight into the constitutionality of polygamous marriages in South Africa. The leading circumstance and the most recent case which will be looked at may be the case of Hassan sixth is v Jacobs Not any and Others. Foreign human rights instruments including the Convention for the Elimination coming from all Forms of Discrimination Against Women and the Protocol to the Africa Charter upon Human and People's Privileges on the Legal rights of Women in Africa will then be looked at to determine whether new precedent in polygamous partnerships are in line with international Human being Rights Tools. Polygamy supplies that a guy marry ladies of your choice, two, three or four, however many this individual feels suitable. The position of polygamous marriage in S. africa has during the past not recently been part of Southern African rules, even though it is actually a well known practice in the tradition of the native people of South Africa. This culture and law referred to as customary law had hardly any recognition in South Photography equipment Law until the Constitution is made to represent persons from many different spheres of life in South Africa. Recently and in the most recent case of Hassan sixth is v Jacobs Not any and Others, polygamy was the central issue in front of you, and the court went on to interpret polygamous marriages with regards to the Constitution, Normal marriages Act and then went further to International man rights musical instruments to see if to accept polygamous marriages would be unconstitutional and against worldwide human rights. In the case of Serious Economic Accidents and Others v Hyundai Motor unit Distributors (Pty) Ltd and more the court looked specifically at section 39(2) with the Constitution a court, once interpreting laws and expanding the common or customary regulation, is obliged to promote the spirit, purport and things of the...

Bibliography: JC Bekker, C Rautenbach and NMI Goolam Introduction to legal pluralism in South Africa 2nd education

(2006) LexisNexis: Butterworths: Durban.

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