Publications
Partners
After reading an article on News24 last week, forgive me for getting more and more confused about our legal system and custom laws. The article I refer to is about the High Court settling a dispute between two women (widows), both claiming to be married to the same dead husband. Without quoting the content verbatim, you can find it here: http://www.news24.com/SouthAfrica/News/Court-settles-wives-legal-battle-20150321
The article is quite clear that the court found that while the man was married to one woman, he can't marry another. For the rest of us, this is an acceptable fact. However, the persons in question was Ndebele and the marriage according to Ndebele custom.
Now this is where my confusion comes in: Pres Zuma and certain tribes are permitted to marry more than one woman, that is according to customary law. Where can the rest of us, who are eager to understand the customs of the different communities and tribes, read what is allowed and what not. For whom does customary law applies and for whom not? Why can't a Ndebele man marry more than one woman and Zulus can? This sounds to discrimination to me.
My second question about legal bigamy and polygamy questions discrimination and gender equality. I want to know whether a Zulu woman can marry more than one man. If not, this will then be discriminatory against (Zulu) women and, contrary to our constitution, elevate men above women in social standing.
My questions might sound stupid to some of you, but don't you think it is time that the same law applies to us all?
I would love to be enlightened...
The article is quite clear that the court found that while the man was married to one woman, he can't marry another. For the rest of us, this is an acceptable fact. However, the persons in question was Ndebele and the marriage according to Ndebele custom.
Now this is where my confusion comes in: Pres Zuma and certain tribes are permitted to marry more than one woman, that is according to customary law. Where can the rest of us, who are eager to understand the customs of the different communities and tribes, read what is allowed and what not. For whom does customary law applies and for whom not? Why can't a Ndebele man marry more than one woman and Zulus can? This sounds to discrimination to me.
My second question about legal bigamy and polygamy questions discrimination and gender equality. I want to know whether a Zulu woman can marry more than one man. If not, this will then be discriminatory against (Zulu) women and, contrary to our constitution, elevate men above women in social standing.
My questions might sound stupid to some of you, but don't you think it is time that the same law applies to us all?
I would love to be enlightened...
