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Essay

Polygamous Marriages

Essay specific features

 

Issue:

Social Issues

 

Written by:

Sara B

 

Date added:

January 22, 2017

 

Level:

University

 

Grade:

B

 

No of pages / words:

6 / 1418

 

Was viewed:

6486 times

 

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Essay content:

This culture and law known as customary law had very little recognition in South African Law until the Constitution was created to represent people from all the different spheres of life in South Africa. In recent times and in the most recent case of Hassan v Jacobs No and Others , polygamy was the central issue at hand, and the court went on to interpret polygamous marriages with regards to the Constitution, Customary marriages Act and then went further to International human rights instruments to see whether or not to accept polygamous marriages would be unconstitutional and against international human rights...
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In the case of Serious Economic Offences and Others v Hyundai Motor Distributors (Pty) Ltd and Others the court looked specifically at section 39(2) of the Constitution a court, when interpreting legislation and developing the common or customary law, is obliged to promote the spirit, purport and objects of the Bill of Rights as constituting the corner-stone of our constitutional democracy and, where possible, in a manner that gives effect to the fundamental values therein contained...
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General issues of this essay:
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