Polygyny and the Constitution

Polygynous marriages concluded before the commencement of the Act are now completely invalid due to the ruling in Gumede.

During the period of suspension, wives and husbands have joint and equal ownership and other rights to marital property in polygynous customary marriages.

Spouses to a monogamous or polygynous customary marriage entered into before the commencement of the Act cannot apply to a court for leave to change the matrimonial property system which applies to their marriage or marriages.