Woman with 2 husbands? Why not!

Despite South Africa’s legal recognition of polygyny, the idea of polyandry remains a non-starter.

A 2021 proposal to legalise it sparked a fierce backlash from traditional leaders, religious groups, and politicians, leaving the concept in legal limbo.

Polygyny is a polygamous marriage system where a man has more than one wife, and it is legally recognised under the Recognition of Customary Marriages Act (1998). This form of marriage has cultural and religious roots, particularly in African communities, where it is seen as a traditional practice.

On the other hand, polyandry is a polygamous system in which a woman has multiple husbands, however, this practice lacks any legal framework in South Africa.

Speaking to The Citizen, Kgopotjo Lebepe, attorney and head of communications at Black Forum SA, explained that in 2021, the government proposed legalising polyandry as part of a broader Marriage Bill to modernise the country’s marriage laws. However, the widespread opposition from stakeholders ultimately stalled any progress.

“Many argued that polyandry goes against traditional African values and religious norms. Additionally, legal concerns surrounding paternity, inheritance, and family structures would need to be addressed before such a marriage system could be recognised,” Lebepe said.

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Polygyny’s legal roots vs polyandry’s cultural struggle

Lebepe said the legal acceptance of polygyny but not polyandry is rooted in historical, cultural, and legal factors, such as the legal recognition of customary marriages.

“The 1998 Recognition of Customary Marriages Act formalised polygynous marriages, which were already widely practised. Since polyandry was never a common practice in South Africa, no legal framework was developed for it,” she said.

Lebepe added that other factors, such as traditional gender roles and cultural and religious influences, have also contributed.

“Polygyny has deep roots in African customary law and is accepted in various religious traditions, including Islam and certain Christian and indigenous practices. Polyandry, on the other hand, has no historical precedent in these traditions.

“South Africa, like many societies, has historically been patriarchal. The idea of a woman having multiple husbands challenges these long-standing gender norms and has met resistance from cultural and religious groups.”

She added that when the government proposed recognising polyandry in the 2021 Green Paper on Marriages, it faced backlash from opponents who argued it was ‘un-African’.

“Polyandry challenges traditional gender norms and lacks historical or religious support in South Africa,” Lebepe said.

Lebepe added that, as of now, there have been no significant legal cases in South Africa related to polyandry.

Polyandry: Cultural expert says SA’s not ready

Cultural expert Professor Musa Xulu said that polyandry is rare in African cultures and remains a topic of academic discussion rather than a legal reality.

“Generally speaking, in modern times, Africans frown upon the idea of one woman marrying more than one husband.

“In many cultures, the father’s role is central to the family and future generations,” he explained.

From a cultural perspective, Xulu believes polyandrous marriages are unlikely to survive in South Africa.

“However, if you look at the issues of the Constitution, gender equality and so on, it will have to be included in customary marriages, and we have not yet reached that stage,” he added.

Public perspectives on polyandry

There’s also a public division regarding polyandry. Johannesburg-based publicist Abulele Nkosazana Ndamase strongly opposes the idea.

“I don’t think polyandry should be legally recognised in South Africa. Women are not naturally inclined towards polygyny, and many men may not be comfortable sharing their partner.”

Abulele cited religious beliefs as a reason she would not consider such a marriage.

Pulane Mothibi, a private chef from Bloemfontein, however, supports legal recognition.

“If men can have multiple wives, women should have the same rights. South Africa is a democracy that promotes gender equality.

There is a rise in polyamorous relationships, and legal recognition of polyandry would be a step forward.”

Both acknowledge that while polyandry could provide financial stability through multiple incomes, it could also introduce challenges such as jealousy, social stigma, and difficulties in managing multiple relationships.

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