Form over function? The practical application of the Recognition of Customary Marriages Act 1998 in South Africa

Authors Lea Mwambene, Helen Kruuse

ISSN: 1996-2088
Affiliations: Senior Lecturer, University of the Western Cape; Research Associate, Community Law Centre, University of the Western Cape
Source: Acta Juridica, 2013, p. 292 – 317


We must begin to think of family policy in terms of the functions we want the family to perform and to leave behind our obsession with form’ (Martha Fineman ‘Masking dependency: the political role of family rhetoric'(1995) 81 Virginia Law Review 2181 at 2203).