Is iLobolo a Marriage or Just Negotiation? | The Perspective | The Uprising | Gagasi FM

Описание: In a deeply traditional yet modern society, what truly defines a customary marriage? In this insightful segment of "The Perspective," legal expert Sizwe Cele joins Felix Hlophe and Minnie Ntuli to clarify the complex relationship between the cultural practice of iLobolo and the legal requirements of a customary marriage.

Sizwe Cele explains that while culture (isiko) is dynamic and ever-changing, the law provides a clear framework. He breaks down the three simple but necessary requirements for a valid customary marriage according to the Act of 1998: both parties must be over 18, both must consent, and there must be a celebration.

The conversation tackles the most common and painful disputes that arise, such as when one partner dies and the remaining family refuses to recognize the marriage, or when a partner in a long-term relationship claims iLobolo was not a marriage but just a negotiation. He also clarifies the legal steps required to dissolve a customary marriage and the strict rules a man must follow before taking a second wife.

TIMESTAMPS:
00:00 - Introduction
00:51 - The difference between isiko (culture) and isiko mpilo (lived culture).
02:12 - The Three Legal Requirements for a Customary Marriage.
02:46 - Is the negotiation of iLobolo part of the marriage process?
04:03 - The problem of unregistered customary marriages and inheritance.
06:17 - When one partner says "we're married" and the other says "we're not."
08:00 - Can you dissolve a customary marriage just by separating?
09:16 - The law vs. culture: A difficult balance.
10:16 - The legal process for taking a second wife.
11:15 - How culture is defined by specific family practices (umsamo).

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