South Africa Case Law

Mayelane v Ngwenyama and Another (CCT 57/12)

Mayelane v Ngwenyama and Another (CCT 57/12) [2013] ZACC 14; 2013 (4) SA 415 (CC); 2013 (8) BCLR 918 (CC) (30 May 2013)

Court

Constitutional Court

Case number

CCT 57/12

Judges

Froneman, Khampepe, Skweyiya, Moseneke, Cameron, Yacoob, Zondo, Jafta, Mogoeng, Nkabinde

The Constitutional Court held that, under Xitsonga customary law and the Recognition of Customary Marriages Act, the consent of the first wife is necessary for the validity of a subsequent customary marriage. The Court found that neither the Recognition Act nor Xitsonga custom, as previously interpreted, expressly required such consent, but constitutional principles of equality and dignity demand its inclusion. The Court developed Xitsonga customary law to require the first wife's consent for the validity of further customary marriages, aligning customary law with constitutional values. The o…

Source excerpt

• Recognition Of Customary Marriages Act
• Customary Law Development
• Equality And Dignity
• Validity Of Polygynous Marriages
• Consent Requirement
• Gender Discrimination