On 31 December 2021 the Constitutional Court handed down judgment in the case of Bwanya v The Master and Others. The case will have far reaching implications for family law in South Africa, generally. The decisions comes at a time when (civil) family law is in a state of flux, such as has not been experienced, arguably, since the 1980s. The aim of this contribution is to examine the reasoning and conclusions in Bwanya, juxtaposing this to the South African Law Reform Commission Discussion Paper on a single marriage statute that was released in 2021. Thereafter, an attempt will be made to delve into any possible implications for customary unions in South Africa.
|Publication status||Accepted/In press - 1 Nov 2022|