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CUSTOMARY MARRIAGES, PROPERTY RIGHTS AND CONSTITUTIONAL EQUALITY: WHY VVC V JRM MATTERS TO SOUTH AFRICANS

VVC v JRM clarifies how South African law treats couples who first marry under customary law and later conclude a civil marriage. The Court held this is one continuous marriage, not a new one. Rights and obligations from the customary marriage continue and property accumulated remains protected. Spouses cannot informally change proprietary rights; any change to the matrimonial property system requires court approval under section 21 of the Matrimonial Property Act. Interpreting section 10(2) of the Recognition of Customary Marriages Act with the MPA, the judgment advances equality, dignity, the protection of property rights and legal certainty, protecting vulnerable spouses and creditors.

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CASE NOTE: MKP v JSC

Daniela Ellerbeck reviews the latest saga surrounding Dr Hlophe and the JSC, looks at the facts and issues at hand to explain why the Court reached the conclusion it did.

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