Recognition Of Customary Marriages Act, 1998
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Recognition Of Customary Marriages Act, 1998
The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognised as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions. The act was signed by President Nelson Mandela on 20 November 1998 but only came into force on 15 November 2000. Provisions All customary marriages which were valid under customary law when the act came into force, whether monogamous or polygamous, are recognised as marriages for all legal purposes. Marriages contracted after the act came into force are only recognised if they comply with the requirements imposed by the act. These requirements are that the spouses are 18 or older, that they both consent to the marriag ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Minor (law)
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon Jurisdiction (area), jurisdiction and application, but it is commonly 18. ''Minor'' may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking age, smoking and legal drinking age, drinking age in the United States is 21, and younger people below this age are sometimes called ''minors'' in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or ''minor'' often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, etc. Such age limits are often different from the age of majority. The concept of ''minor'' is not sharply defined in most jurisdictions. The age of criminal responsibility and consent, the age at whi ...
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South African Family Law
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity." Subdivisions There are various branches of family law, among them * the law of engagement; * matrimonial law and the law of civil unions; * matrimonial property law; * the law of divorce; and * the law of parenting. Marriage Marriage is the act by which a marriage relationship is formed, and which defines the relationship created by that act. The act and the relationship are interrelated: The former requires an intention to create the latter, and the consequences o ...
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South African Legislation
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ...
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Irretrievable Breakdown
''Irreconcilable Differences'' is a 1984 American comedy-drama film starring Ryan O'Neal, Shelley Long, and Drew Barrymore. The film was a minor box-office success, making over $12 million. For their performances, both Long and Barrymore were nominated for Golden Globe Awards. Plot Casey Brodsky has decided to divorce her parents and have her nanny, Maria Hernandez, appointed as Casey's legal guardian. It results in media attention, and her parents, Albert and Lucy Brodsky, are both brought out of their respective self-absorbed lives and made to testify in court about their personal lives. At a truck stop in Indiana on the night of January 20th, 1973, film professor Albert Brodsky is hitchhiking across the country, where he gets picked up by Lucy van Patten, a woman who has ambitions of writing books, particularly for children, but her fiancé "Bink", a gruff Navy man, represses her, and she is depressed about being relegated to the life of a military wife. Through getting to ...
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High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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Gumede (born Shange) V President Of The Republic Of South Africa And Others
Gumede is a surname. Notable people with the name include: * Gumede kaZulu (18th century), Zulu king * Archie Gumede (1914–1998), South African anti-apartheid activist, lawyer and politician * Josiah Tshangana Gumede (1867–1946), South African politician * Josiah Zion Gumede (1919–1989), Zimbabwean politician * Natalie Gumede (born 1984), British actress * Nkosingiphile Gumede (born 1993), South African football goalkeeper * Siboniso Gumede (born 1985), South African football defender * Tshepo Gumede (born 1991), South African footballer * Zandile Gumede Zandile Ruth Thelma Gumede (born 12 May 1961) is a South African who has been serving as a Member of the KwaZulu-Natal Provincial Legislature since 2020. She served as the Executive Mayor of the eThekwini Metropolitan Municipality from 2016 unti ... (born 1961), South African politician {{surname Bantu-language surnames ...
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Antenuptial Contract
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse. In some countries, including the United States, Belgium and the Netherlands, the prenuptial agreement not only provides for what happ ...
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Marital Power
In civil law jurisdictions, marital power ( la, potestas maritalis, nl, maritale macht, af, maritale mag) was a doctrine in terms of which a wife was legally an '' incapax'' under the usufructory tutorship (''tutela usufructuaria'') of her husband. The marital power included the power of the husband to administer both his wife's separate property and their community property. A wife was not able to leave a will, enter into a contract, or sue or be sued, in her own name or without the permission of her husband. It is very similar to the doctrine of coverture in the English common law, as well as to the Head and Master law property laws. Historical origins The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the ''manus'' (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or ...
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