1: The law in SA allows black men to enter into a polygamy marriage.
2: Polygamy marriage can only be entered into if you are in a customary marriage. Husbands who are in a civil law marriage must first divorce their wives and then marry both wives under customary law.
3: We have a no fault divorce system in SA and also because the law does not regulate morality, a husband cannot loose his matrimonial benefits, eg pension, just because he had an affair.
4: The law cannot force a husband to be faithful or to love his wife and accordingly, a wife cannot (legally) stop a husband from wanting to marry another wife. As a wife, you have a choice of either agreeing to the polygamy or releasing yourself from the marriage, claim your 50% share of the matrimonial assets and move on with your life.
5: if a husband traditionally marries another woman while in a civil law marriage, the second marriage will be null and void. But please bear in mind that the husband may write a Will and give the second woman 50% share of his assets and also nominate her in his policies etc. You as the wife, you will be sitting with your marriage certificate, while the second woman, though not legally recognised as a wife, can still benefit after the death of your husband.
6: A husband who is in a traditional marriage, unless he belongs to the Xitsonga custom, does not need your permission to marry another wife. Unfortunately the Constitutional Court only gave an order that husbands belonging to the Xitsonga culture must first obtain the permission of the wife. The rest of the cultures must still get the CC to give such an order as per their culture.
