Family Law Dynamics in South Africa

The change in South African Family-Law dynamics
“The relationship between law and society that breathes life into it and into which it breathes life in a mutually sustaining and inextricable one”.

Ilan Brest - 475227, [e-mail]
The change in South African Family-Law dynamics
“The relationship between law and society that breathes life into it and into which it breathes life in a mutually sustaining and inextricable one”.

Ilan Brest - 475227, [e-mail]

Introduction
Family law concerns itself with relationships between private individuals such as husbands and wives and parents and children and the dynamics of a family in modern day South Africa extend well beyond the conventional nuclear family consisting of a father, a mother and their children sharing living quarters.

Social and political influences such as the Apartheid, poverty and HIV/AIDS have transformed South Africa resulting in major altercations of the law such as recognition of customary marriages and the rectification of discrimination and exploitation of women, homosexuals and children. Moreover there are significant consequences on families such as child-headed households and foster care. Additionally the constitutional era’s bringing of the Bill of Rights guaranteeing sex equality has additionally changed the dynamics of South African marriages. This paper will investigate and discuss the dynamics of families and family law in South Africa and determine the extent to which they have transformed over time due to socio-legal and socio-political influences.

Social, political and legal influences on South African family-law and their initial consequences
From a socio-political point of view South Africa has transformed dramatically due to many influences but none more so than the Apartheid regime. The discriminatory nature of the Apartheid left many consequences on South African families. Firstly the original Black Administration Act did not hold customary

Bibliography: Constitution of the Republic of South Africa, 1996 Customary Marriages Act 120 of 1998 Du Toit and Another v Minister of Welfare and Population Development and Others (CCT40/01) [2002] ZACC 20; 2002 (10) BCLR 1006 ; 2003 (2) SA 198 (CC) HG v CG (1408/2009) [2009] ZAECPEHC 48; 2010 (3) SA 352 (ECP) June D Sinclair The Law Of Marriage (1996) H R Hahlo The South African Law Of Husband And Wife (1985) JC Bekker, C Rautenbach & NMI Goolam Introduction To Legal Pluralism In South Africa (2006) 33 Journal Articles Elsje Bonthuys ‘The South African Bill Of Rights And The Development Of Family Law’ (2002) SALJ 748 Penelope E TSAR 340 W Domingo ‘“For The Sake Of The Children": South African Family Relocation Disputes’ (2011) PER / PELJ (14)2 [ 2 ]. Penelope E. Andrews ‘Who’s Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa’ (2009) 2 JLFS 11 at 304 [ 3 ] [ 4 ]. Carmel R. Matthias & F. Noel Zaal ‘Supporting Familial And Community Care For Children: Legislative Reform And Implementation Challenges In South Africa’ (2009) Int J Soc Welfare 18 291–298 [ 5 ] [ 6 ]. June D Sinclair The Law Of Marriage (1996) 5 [ 7 ] [ 8 ]. Penelope E. Andrews ‘Who’s Afraid Of Polygamy? Exploring The Boundaries Of Family, Equality And Custom In South Africa’ (2009) 2 JLFS 11 at 311 [ 9 ] [ 10 ]. Carmel R. Matthias & F. Noel Zaal ‘Supporting Familial And Community Care For Children: Legislative Reform And Implementation Challenges In South Africa’ (2009) Int J Soc Welfare 18 291–298 [ 11 ] [ 12 ]. Carmel R. Matthias & F. Noel Zaal ‘Supporting Familial And Community Care For Children: Legislative Reform And Implementation Challenges In South Africa’ (2009) Int J Soc Welfare 18 291–298 [ 13 ] [ 16 ]. Elsje Bonthuys ‘The South African Bill Of Rights And The Development Of Family Law’ (2002) SALJ 748 [ 17 ] [ 18 ]. JC Bekker, C Rautenbach & NMI Goolam Introduction To Legal Pluralism In South Africa (2006) 33 [ 19 ] [ 22 ]. Carmel R. Matthias & F. Noel Zaal ‘Supporting Familial And Community Care For Children: Legislative Reform And Implementation Challenges In South Africa’ (2009) Int J Soc Welfare 18 291–298 [ 23 ] [ 24 ]. H R Hahlo The South African Law Of Husband And Wife (1985) 153 [ 25 ]