Lerato Sengadi endured many sleepless nights over a two-year period until the Supreme Court of Appeals (SCA) ruled that she be recognised as the late Jabulani 'HHP' Tsambo's customary wife. EmmanuelTjiya
University of KZN's Professor Sihawu Ngubane said he hoped once the law is passed and signed, experts could be invited to deliberate on the interpretation and implementation thereof.
"The Act will help to form guidelines to protect women's rights, but without regulations which deals with how to implement the Act, it will not be easy to implement it." The amended law also states that the amendments will affect all customary marriages whether they were entered into before or after the commencement of the Act as they will all be considered in community of profit and loss,"unless the spouses specifically determine otherwise by means of an antenuptial contract".
This bill will not, however, invalidate the winding up of a deceased estate that had already been finalised when it comes into effect sometime this year. On November 30 2017, the ConCourt gave parliament 24 months to amend the Act.
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