The institution of family in South Africa is a social unit founded on marriage. It plays a central role in Southern African society as it shapes the way its members interact with each other and also their daily experiences as individuals. There are many different family formations in South Africa. Some nuclear families consisting of a husband, a wife, and children. There are also extended families consisting of the parents, grandparents, uncles, aunts, and the children.
An African marriage can be polygynous, meaning that a man may have more than one wife. The mother and her children are at the center of this family unit. Polyandry is another form of polygamy which refers to women having more than one husband.
DOES SOUTH AFRICA RECOGNIZE POLYGAMY?
Even though South Africa has one of the world’s most liberal constitutions, embracing same-sex marriages and polygamy for men, it does not allow women to marry more than one husband. However, polygamous men can have many wives. The debate that arises though is should women have multiple husbands?
According to The Recognition of Customary Marriages Act 120 of 1998, arranged marriages and polygamous marriages are legal in South Africa. A Green Paper has recently been put forward to suggest that women should also have the right to become legally married to more than one husband. A Green Paper is a government policy discussion paper that points out the course of action that the government should take. The Green Paper is a precursor for a White Paper. The White Paper signifies a policy that has been approved.
WHAT ARE THE POTENTIAL ADVANTAGES OF POLYANDRY?
Potential benefits of polyandry are the fact that there would be no single male authority in each household and therefore power would be dispersed to every spouse, women would gain more agency, as they would have greater control over their body and also polyandry would be more prosperous for women because they would not be economically dependent on one man.
WHAT ABOUT THE DISSOLUTION OF MARRIAGE?
A rise in divorces in South Africa has been noted since the beginning of 2022. According to the Department of Social Development in 2021, there has been a decline in nuclear families in South Africa.
CONCLUSION
There are many different types of households in South Africa. The proposition of changing the customary marriage legislation to allow women to marry more than one man is an indication of a changing and adapting society. Women need to attain equal rights to men and legislation plays a significant role in ensuring this.
