Question
The enactment of section 7(6) of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) was aimed at protecting the property rights of the
The enactment of section 7(6) of the Recognition of Customary Marriages Act 120 of 1998 (RCMA) was aimed at protecting the property rights of the first wife in the event that the husband intends to conclude a further customary marriage. However, in Mayelana v Ngwenyama 2013 (4) SA 415 (CC), the court overruled the decision of the Supreme Court of Appeal by upholding the decision of the High Court.
State how the Constitutional Court interpreted section 7(6) of the RCMA and what it said with regards to consent of the first wife. (20)
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