[Home] [Databases] [WorldLII] [Search] [Feedback] South African Law Commission

You are here:  SAFLII >> Databases >> South African Law Commission >> Issue Paper >> 3 >> CHAPTER 1

[Database Search] [Name Search] [Previous] [Next] [Download] [Help]

CHAPTER 1

ORIGIN OF THE INVESTIGATION AND INTRODUCTION

1. The Commission undertook an investigation into the marriages and customary unions of Black Persons (Project 51), on which it reported in 1986. Two Bills were recommended. The first resulted in the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. The second Bill dealt with the customary unions of Black persons. In this regard the Commission recommended that further consultations should take place with leaders of the TBVC states and the self-governing territories. After a series of high level meetings the proposal that the customary union be recognised as a valid marriage was endorsed: however, on 10 April 1992 the Minister indicated that the implementation of the Bill should be kept in abeyance until there was greater clarity concerning the constitutional position of the TBVC states and the self - governing territories.

The matter was subsequently referred to the newly-formed Project Committee on the Harmonisation of the Common Law and the Indigenous Law.

2. At its meeting of 23 and 24 February 1996 the new Commission approved the reconstitution of the Project Committee and the ranking proposed by the outgoing committee which had identified the law of marriage and divorce as a priority area.