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In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa.
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Towards the end of November last year, someone randomly posted on the popular social media platform Facebook the following, “Guys please advise me, if a car hits me later today when I walk to the football game, will Road Accident Fund pay me before Christmas?”
The Property Practitioners Act 22 of 2019 (PPA) came into effect on 1 February 2022, bringing some significant changes in the regulation of the property sector.
This article is part 2 of a series where our attorneys debunk some myths on customary marriages. There are many myths and opinions in public discourse with regards to the principles surrounding customary marriages.
From our experience, we have discovered that there is quite a number of couples whom the law recognizes as married under customary law, whereas the couples consider themselves not. It comes as a shock when they are eventually advised that in fact the law recognizes them as married. Most often this happens where families conduct indigenous customary marriage rites in anticipation of a “white” wedding at a later stage. In this discussion we will debunk some myths and share insights with regard to customary marriages.
A difference in opinion is sometimes inevitable whenever a decision has to be made jointly amongst a group of people, and often at times this results in confrontations and disputes. In some instances, these disagreements often have to be resolved before the Courts or by any other dispute resolution process available. In most contracts even, parties usually provide for a dispute resolution process should a dispute arise during the currency of the agreement. What happens when, during the administration of a deceased estate, the co-executors do not agree with each other?
The Recognition of Customary Marriages Act 120 of 1998 sought to formalize and attach legal effect to customary marriages in South Africa, as well as to bring certainty on how such marriages can achieve formal status. Indigenous customs in South Africa are so vast that it would have been difficult to harmonize all of them into one single accepted code. This is evident from the wording of section 3(1)(b) of the Act. The question then becomes, does this pull against legal certainty?
The regulation of customary marriages in South Africa has come a long way, and continues to be on a path of continuous development. Indeed, societal norms and aspirations evolve with time, rendering the necessity for certain rules and principles to adapt to the changing needs of that particular society. In fact, in the landmark case of Gumede v President of the Republic of South Africa [2008] ZACC 23 the Court stated that,
The responsibilities and obligations of a Trustee are fiduciary in nature, much in the same way as those of a company director. Trustees ought to conduct themselves in a manner that serves the best interests of the trust and the beneficiaries. Where the conduct of a trustee negates this notion therefore, he/she may be removed from such position.
Claiming from the Road Accident Fund (RAF) is a process fraught with several legal and technical considerations. Aspects related to prescription, the accurate completion of claim forms, the provision of medical and expert records as well as claiming the right amount, become important as they directly affect the prospects of a claim.
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