Constitutional Validity Maintained: The Constitutional Court Declines to Strike Down Section 10(2) of the Recognition Act
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...