Customary Law and Children
In 2018, the Child Gauge focussed on children in relation to families and the state, both of which are central to providing for children and supporting their development. For the first time, a chapter and specific focus on customary law was included in the Gauge. I, together with Prof. Himonga, contributed a chapter which examined aspects of customary law affecting children and families in South Africa in the area of birth, fostering and adoption, marriage, custody, divorce and inheritance. It considers the ways in which customary law intersect with other legal systems when regulating the lives of children. It also highlights how family rights and responsibilities towards children are determined. To see the chapter click here.
Fathers and the State of South African Fathers Report
The State of South African Fathers report provides a description of the state of fathers in South Africa in the overview, and then examines fatherhood in the first 1,000 days of a child’s life. The 2018 report explicitly uses an appreciative approach to document the importance of fatherhood for children, families and society by focusing on positive examples, and gives an opportunity for new voices to join the community of researchers, activists and others working on fatherhood. In 2018, I contributed a small write up on the fathers and the dissolution of customary marriage.
For more click here.
The report is published by Sonke Gender Justice and UNICEF SA as part of their Engaging South African fathers: The MenCare Child Care and Protection programme, produced by Sonke Gender Justice and supported by UNICEF SA. I am currently authoring and leading a chapter for the 2021 State of South African Frathers Rpeort, working together with scholars and Sonke Gender Justice. The chapter examines
Customary Marriage and Law
The booklet acts as an accessible and free report for disseminating the findings of the Reform of Customary Marriage, Divorce and Succession in South Africa study. The report gives a summary of the findings of the research on the operation of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) and the rules of succession developed by the Constitutional Court in Bhe v Magistrate, Khayelitsha[1] (the Bhe rules). The report also make recommendations on how to improve the implementation of these laws. The report was distributed to a range of stakeholders including the Department of Justice, Home Affairs and the National House of Traditional Leaders. It was also distributed in all the provices and communities where the research took place.
It is available to download here.
Expert Opinions: The validity of a customary marriage
In 2019 I was involved in three High Court divorce cases which all questioned the validity of a customary marriage at a time when the applicants were seeking a divorce. In each case, I was asked to write an expert opinion regarding the validity of a customary marriage. One of the main issues in each of these cases discussed the importance of the handing over of the wife by her family to the husband and family of the husband (or what is also referred to as the integration of the wife into her husband’s family) as central to the conclusion of a valid customary marriage.This issue was also featured in the Tsambo v Sengadi case (HHP). For more on this issue see the recent SCA appeal judgement.
Divorce in the Courts
The report outlines the findings of an investigation into post-separation and divorce agreements made in the Family Law Circuit Courts of Ireland and their implications for parent–child contact and family lives. The study was commissioned and funded by the Office of the Minister for Children and Youth Affairs. For more see:
Post Separation Parenting: A study of separation and divorce agreements made in the Family Law Circuit Courts of Ireland and their implications for parent–child contact and family lives.
Report to the Office of Minister for Children, Dublin.
Mahon, E., & Moore, E., (2011)