Is polygamy legal in south africa

[Grant]

I am told it is illegal !
Our president has numerous wives & had numerous weddings.
Is it legal here or not ?

 

[Paul Hjul]

under the Recognition of Customary Marriages Act yes.

But there are conditions and it is restricted to "indigenous African" men (polygyny) marrying multiple women in observance of customary law

 

[Haldex]

Yes it is under certain circumstance.

 

[KleinBoontjie]

I would think it's more of a religious matter than a legal matter. Some religions will definitely frown on this or even not allow it.

I heard some men complain about marriage and they're married to only one female, imagine having a kark day with 2 or 3 or even 4 females that's riled up and on the war path and all of their PMS's synced.........why not just organize an orgy every now and then. It's all the fun, minus the bad times.

 

[Picard]

I am told it is illegal !
Our president has numerous wives & had numerous weddings.
Is it legal here or not ?

I can't think of one instance in which Zoomster (yes, I mean Zuma) is a good example for the people of this country.

... And yes I mean objectively speaking.

 

[Sherbang]

under the Recognition of Customary Marriages Act yes.

But there are conditions and it is restricted to "indigenous African" men (polygyny) marrying multiple women in observance of customary law

Where does it say it is restricted to indigenous African men only?

 

[Paul Hjul]

read over the definition sections

 

[Fenix_SA]

I am told it is illegal !
Our president has numerous wives & had numerous weddings.
Is it legal here or not ?

Bigamy is illegal. But bigamy will only apply to a civil law marriage (ie a normal marriage under the Marriage Act).
So one may not have more than one civil law marriage, but one may have multiple marriages under the Recognition of Customary Marriages Act.

So Zuma's marriages are legal, but Mandla Mandela marriages are not as he was married under Civil law and took another wife.

So to answer your question polygamy is only illegal if you are married under Civil Law

 

[Fenix_SA]

Where does it say it is restricted to indigenous African men only?

There is debate over this. Some authors suggest that it is only applicable to black people, others think it is applicable to any race group that follows a certain lifestyle.

According to Stats SA (2001) the number of customary marriages according to gender and population group are as follows:
17,852 white females
18,923 white males
24,613 asiatic females
24,516 asiatic males
20,126 coloured females
21,573 coloured males
1,395,751 black females
1,603,670 black males

 

[Paul Hjul]

there is definitely no restriction on the basis of race per se

As far as I understand it the Stats SA number has the problem that a sizable portion of respondents were mistaken as to the meaning of customary marriage - and the number reflects recognized and unrecognized.

My biggest concern is the polygyny aspect of current options and the fact that the "indigenous African" clause is open to great chauvanistic sentiments - for example Islamic marriages are excluded as being not indigenous even if the rites used originated on this continent 1000 years ago.

 

[Fenix_SA]

I would argue that there is no race restriction , but I'm not aware of any case law on the matter, so that is just my opinion

 

[Paul Hjul]

no there definitely isn't a race restriction but there is an "indigenous African" restriction which means that you cannot immigrate into SA and proclaim yourself to be a traditionalist eligible for a customary marriage. Remember there have been white skinned chiefs - in addition of course to the Governors-General and Presidents who took the additional title of Paramount Chief

 

[Grant]

My biggest concern is the polygyny aspect of current options and the fact that the "indigenous African" clause is open to great chauvanistic sentiments - for example Islamic marriages are excluded as being not indigenous even if the rites used originated on this continent 1000 years ago.

Am I understanding you correctly in that polygamy is legal provided you are "indigenous african" but not for example, if you are muslim ?

 

[Paul Hjul]

currently yes. There is a push for an Islamic marriages recognition law as well.

I personally am in favour of a general laws amendment statute to deal with several matters pertaining to legal recognition of the binding effect of Islamic faith on adherents conscience - so Islamic marriage recognition, a specific option for the administration of oaths and so on.

However there is judicial recognition for Islamic marriages and case law for property inheritance issues and so on

- edited to add

 

[Wasabee!]

My father was black and my mother is Asian (Chinese) what does that make me? Am I allowed to have two wives?

 

[HavocXphere]

Yes polygamy is legal. I don't know the details but I do know that customary marriages are incompatible with the "standard" marriages - all of them need to be i.t.o. the customary marriages act.

I know of cases where polygamy works really well, but on the whole I reckon its a bad idea. People struggle to make one marriage work - having a triangle type thing going doesn't make it easier.

 

[Paul Hjul]

your father being black is irrelevant - as said its not a race thing as such.

If as a result of your fathers ethnicity (which is very different to race) you practice an indigenous African customary tradition you can get married within that tradition and it will be recognized provided the terms of the Act are met - the most important issue here being that "bigamy" is not permitted (bigamy here being having a civil marriage or actually any marriage - foreign - which does not fall within the customary parameters).

Similarly if your intended spouse is a person practicing an indigenous African customary tradition you can marry in and fall in the same prescripts.

This applies regardless of your gender - which isn't known to me - BUT only the "indigenous African" male in the relationship can be polygynous so a woman from an isiXhosa village can marry an urban whitey but only if he is accepted into the setup upon which he is essentially an "indigenous African" male for the purposes of this - and I'd argue some other - legislation

 

[Sherbang]

It doesn't say anywhere you have to be an indigenous African, all it says is that you have to be married according to indigenous African cultural laws.

 

[azbob]

My father was black and my mother is Asian (Chinese) what does that make me?

Someone who likes deep fried chicken chow-mein.

Am I allowed to have two wives?

Depends whether you're black or Chinese between your legs...

 

[Garson007]

Just move into a home with the entire harem. Who needs a piece of paper?