On 27 May 2025, Unisa’s Department of Private Law presented a community outreach workshop on customary law at the Bakgatla Ba Mocha Ba Maloka Tribal Council in Pankop, Mpumalanga. The workshop aimed to empower community members with information on integral parts of customary law themed The women, the land.

Workshop presenters and attendees

Aspects discussed included an overview of customary law, and information on the registration of customary law, divorce in customary marriages, maintenance and succession in customary marriages. A further objective of the workshop was to make community members aware of customary marriage laws, rights and responsibilities, and the consequences of not registering customary marriages.

The workshop was hosted by the Bakgatla Ba Mocha Ba Maloka Council, representing the royal house. In his welcome address, council representative Makwe Maloka welcomed the attendees and esteemed guests from Unisa. The team from Unisa was introduced, and the purpose of the workshop was outlined.

Gontse Mashilo highlighted that this workshop was motivated by the profound awareness of the quiet struggles that many women, especially in rural communities, face every single day. Mashilo said that the workshop was not just a women's project, but a community project because when women are informed and empowered, families are stronger, communities are more stable, and our traditions are preserved with dignity and clarity.

Advocate Contilia Bayi reminded the attendees, particularly women, that the workshop is not only limited to sharing information, but also to encouraging them to find ways of empowering themselves and leading their communities.

Advocate Mkhululi Khumalo gave an insightful understanding of customary marriage, its requirements and the consequences of customary marriage. In concluding his presentation, Khumalo urged the community members to register their customary marriages to avoid dramatic situations when the civil marriage has challenges.

Prof Pieter Bakker advised that one may regulate a customary marriage through an antenuptial contract, out of community of property, in community of property, or an accrual system. Barker also highlighted the implication of a second marriage without the consent of the first wife, which will cause the marriage to be invalid.

Advocate Molebogeng Seerane focused on maintenance issues and highlighted that maintenance is a kind of support between spouses in marriages or relationships, and in this regard, each spouse must support the other. Where parents are unable to support the child, the responsibility falls on both the maternal and paternal grandparents of the child.

The workshop was honoured by the presence of the esteemed speakers who shed light on critical issues. Mashilo provided an insightful overview of the current situation faced by women, Khumalo dealt with customary marriages, and Bayi encouraged women to take the lead, and also shed some light on succession in customary marriage. Additionally, Dineo Tswai and Boas Mahlo delivered enlightening presentations on divorce in customary marriages, while Lekoba Kutu skillfully facilitated a question-and-answer session. Through open dialogue and interactive discussions, Unisa’s legal experts created a platform for community members to share their concerns, ask questions, and gain valuable insights.

The community outreach by Unisa’s Department of Private Law was a success, enlightening community members with valuable insights and knowledge about customary marriage, which empower them to make informed decisions in cases of customary-related issues. Ultimately, this workshop laid a strong foundation for fostering awareness and promoting legal literacy, essential steps toward strengthening family structures within the community. 

* By William Thubakgale and Tshidiso Madiseng, Department of Institutional Advancement