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This culture and law known as customary law had very little recognition in South African Law until the Constitution was created to represent people from all the different spheres of life in South Africa. In recent times and in the most recent case of Hassan v Jacobs No and Others , polygamy was the central issue at hand, and the court went on to interpret polygamous marriages with regards to the Constitution, Customary marriages Act and then went further to International human rights instruments to see whether or not to accept polygamous marriages would be unconstitutional and against international human rights...
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