Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts
| dc.contributor.author | Moore, Elena | |
| dc.contributor.author | Himonga, Chuma | |
| dc.date.accessioned | 2016-04-25T09:45:15Z | |
| dc.date.available | 2016-04-25T09:45:15Z | |
| dc.date.issued | 2015 | |
| dc.date.updated | 2016-04-25T08:02:09Z | |
| dc.description.abstract | Based on an empirical study of marital dissolution, this paper examines the effectiveness of the Recognition of Customary Marriages Act 1998 and its enforcing institutions to provide the necessary protection of women's marital property rights when customary marriages end. Drawing on data from court (divorce) files and semi-structured interviews, the paper will examine the effectiveness of the new laws for individuals who seek to regulate marital dissolution through both judicial and extra judicial systems. In doing so, it examines how judicial and extrajudicial systems interact and co-exist. The findings show that both systems of regulation are failing to recognise women's right to an equitable distribution of the marital estate upon divorce. The paper demonstrates the weaknesses inherent in the judicial regulation of divorce combined with the consequences of the continued private regulation of marital dissolution. Resistance to an equal division of marital assets continues and a more dedicated and systematic effort is required to curb financial exploitation upon the dissolution of a customary marriage if the State wants women living under customary law to enjoy their human rights under the Constitution. | en_ZA |
| dc.identifier.apacitation | Moore, E., & Himonga, C. (2015). <i>Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts</i> University of Cape Town ,Faculty of Humanities ,Centre for Social Science Research(CSSR). Retrieved from http://hdl.handle.net/11427/19174 | en_ZA |
| dc.identifier.chicagocitation | Moore, Elena, and Chuma Himonga <i>Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts.</i> University of Cape Town ,Faculty of Humanities ,Centre for Social Science Research(CSSR), 2015. http://hdl.handle.net/11427/19174 | en_ZA |
| dc.identifier.citation | Moore, E., & Himonga, C. (2015). Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from inside and Outside the Courts. | en_ZA |
| dc.identifier.ris | TY - Working Paper AU - Moore, Elena AU - Himonga, Chuma AB - Based on an empirical study of marital dissolution, this paper examines the effectiveness of the Recognition of Customary Marriages Act 1998 and its enforcing institutions to provide the necessary protection of women's marital property rights when customary marriages end. Drawing on data from court (divorce) files and semi-structured interviews, the paper will examine the effectiveness of the new laws for individuals who seek to regulate marital dissolution through both judicial and extra judicial systems. In doing so, it examines how judicial and extrajudicial systems interact and co-exist. The findings show that both systems of regulation are failing to recognise women's right to an equitable distribution of the marital estate upon divorce. The paper demonstrates the weaknesses inherent in the judicial regulation of divorce combined with the consequences of the continued private regulation of marital dissolution. Resistance to an equal division of marital assets continues and a more dedicated and systematic effort is required to curb financial exploitation upon the dissolution of a customary marriage if the State wants women living under customary law to enjoy their human rights under the Constitution. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts TI - Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts UR - http://hdl.handle.net/11427/19174 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/19174 | |
| dc.identifier.vancouvercitation | Moore E, Himonga C. Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts. 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/19174 | en_ZA |
| dc.language | eng | en_ZA |
| dc.publisher.department | Centre for Social Science Research(CSSR) | en_ZA |
| dc.publisher.faculty | Faculty of Humanities | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| dc.title | Protection of Women's Marital Property Rights upon the Dissolution of a Customary Marriage in South Africa: A View from Inside and Outside the Courts | en_ZA |
| dc.type | Working Paper | en_ZA |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Research paper | en_ZA |