Marriage registration and women’s inheritance rights under the Recognition of Customary Marriages Act: Challenges in VaTsonga Polygynous marriages

This study explored the proprietary consequences of VaTsonga customary marriages, focusing on the constitutional, property, and inheritance rights of spouses in polygynous unions. It further examined how these spouses can be informed of their rights and protected from losing property or inheritance. This study used a qualitative exploratory design, using purposive and snowball sampling to select five husbands and five second wives from the Vhembe District. Data were collected through semi-structured interviews, recorded, and analysed thematically. The study was guided by resilience theory and social exchange theory. The findings revealed that most of the participants understood the concepts of marriage, polygyny, and lobola practices. Cultural expectations, fertility, and reproduction emerged as key drivers of polygynous unions. However, many participants experienced property loss and unregistered marriages, often due to a lack of consent from the first wife and unpaid lobola, rendering such unions invalid under customary law. The study recommends that the Home Affairs Department educate communities about marriage registration and that women be empowered through awareness and counselling to protect their rights and promote harmony in polygynous households.