South African Customary Law is complex and diverse legal system that governs various aspects of life, including marriage and divorce. When it comes to spousal support for couples married and divorced under Customary Law, it is essential to understand the legal framework, relevant case law and legality of such claims. In legal context, we will explore the applicable legal framework, relevant case law and legality of the situation to assess whether the R10 000.00 payment by Minnie Dlamini to her ex-husband as spousal support can be deemed equitable .
THE LEGAL FRAMEWORK
Spousal support under South African Customary Law falls under the broader scope of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998). This Act formally recognizes Customary Marriages and provides a legal framework for issues like spousal support.
CASELAW
Magaji v Nkosi (2009) ZASCA 54 reaffirmed the principle that the duty to provide spousal support arises from Customary Law Marriage and is recognized by South African law. It highlighted the importance of equitable support for the spouse, taking into account the circumstances of the parties.
LEGALITY OF SPOUSAL SUPPORT CLAIM
Spousal support claims under South African Customary Law are legal and recognized by the Recognition of Customary Marriages Act. The Act explicitly states that spouse in a Customary Marriage has a right to claim support from other spouse, In line with the principles of Customary law. Courts have consistently upheld this legal right , ensuring that spouses in Customary Marriages are entitled to fair and equitable support.
IN CONCLUSION
South African Customary Law provides a legal framework for spousal support in Customary Marriages with numerous cases establishing the duty and legality of such claims. It is essential for individuals in Customary Marriages to be aware of their rights and obligations under this legal system to ensure that spousal support is fair and just”
-Extract from Ngada Attorneys.
By Bongani Dinga ka Luvatsha
