Constitutional Validity Maintained: The Constitutional Court Declines to Strike Down Section 10(2) of the Recognition Act By Ocean Postman On 21 January 2026, the Constitutional Court handed down their decision in a landmark case that will come to define how we understand the synchronous presence of both customary and civil marriages in South Africa. The Court’s ruling served to clarify and affirm that customary marriages and civil marriages remain on par with one another and caution South Africans entering into these marriage arrangements to understand the rule of law as it applies to both. The judgement was in the case VVC v JRM and Others, where the High Court previously upheld that certain impugned provisions of the Recognition of Customary Marriages Act , namely as it pertains to section 10(2), were unconstitutional. Upon application for its validity, the Constitutional Court did not confirm the High court’s position. photo source: unsplash.com Instead, the Constitutional co...
Declining Birth Rates Are No Cause for Celebration By Ocean Postman Stats SA has reported a decline in South Africa’s fertility rate from 2,78 children per woman to 2,21 in the Mid-Year Population Estimates report , 2025. They confirm that this decline is part of a trend that began in 2020 that has seen the average number of children a woman would have in her life declining over the past five years. One might view this as a positive outcome, credited to a concerted effort by the government to ensure greater access in the provision of contraceptives. Evidence of the government’s commitments on paper to expanding contraceptive access includes its adoption of the Family Planning 2020 Initiative, a multinational effort to expand access to reproductive related healthcare. The state’s “rights-based” approach to healthcare policy related to reproductive care is, on its face, promising. It would certainly be a great stride forward in the aim towards women’s rights if this we...