Professional statute overview
Enactment structure, operative effect and source provenance
01
Purpose and legislative effect
“This section amends the definition of “traditional leader” in the principal Act.”
This section amends the definition of “traditional leader” in the principal Act. This section amends the law on proprietary consequences for certain customary marriages, giving spouses joint and equal rights over marital property and requiring those rights to be exercised jointly in the specified family context. This provision replaces the definition of “traditional leader” in the Act. This amendment says certain spouses in a pre-commencement customary marriage have joint and equal rights in marital property, and those rights must be exercised jointly in the interests of the family. Each spouse keeps exclusive rights to personal property, and a customary marriage is in community of property and profit and loss unless the spouses exclude that result in an antenuptial contract.
02
How the instrument operates
- 01
Start with the recorded version
updated 26 May 2021. The date shown identifies this source expression and should not be treated as proof that no later change exists.
- 02
Locate the controlling provision
Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
- 03
Read conditions and exceptions together
Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
- 04
Verify currency and official wording
Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.
03
Research entry points
Selected provisions across the instrument. Open any row to continue with the exact stored text.
This section amends the definition of “traditional leader” in the principal Act.
Section 1
This provision replaces the definition of “traditional leader” in the Act.
Section 1
Each spouse keeps exclusive rights to personal property, and a customary marriage is in community of property and profit and loss unless the spouses exclude that result in an antenuptial contract.
Section 4
This section gives the Act its short title: the Wysigingswet op Erkenning van Gebruiklike Huwelike, 2021.
Section 4
This text is a Gazette publication header and does not state a substantive legal rule.
Section 8
04
Source and current-law status
Source record view
Source record from www.parliament.gov.za · updated 26 May 2021
The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.