Women in the republic of South Africa could soon be allowed to conduct a very rare practice in which they will be allowed to marry more than one husband in what has been put forward as a push to promote equality. The Home Affairs Division lately released what some people find problematic in the interest of promoting equality, whilst others find a policy document that requires the legal acceptance of polyandry as a form of matrimony.
The Green Paper on Marriages from the Department notes that existing marriage law is patriarchal and fails to foster equality. The Green Paper also proposes recognizing marriages between Hindus, Jews, Muslims and Rastafarians. According to reports in the nation, this proposal is already being discussed by the Government of President Cyril Ramaphosa.
Men in South Africa can marry more than one wife legally even though women are limited to a one man marriage. The initiative was welcomed as a step in the right direction by Elizabeth Retief, a member of PolyamorySA, who claimed that the Department proposals are closer to accepting non-monogamy in South Africa. But the legislation continues to concentrate on polyandry and polygyny, two polygamous types of matrimony. She claims that polygamous marriages are founded mostly on conventional systems of values, cultural traditions, heteronormativity and static gender roles.
In polyamorous partnerships, which are more flexible, progressive, accessible and embrace various sexualities and identities, she reiterates that more activism is still required. "It will take time for this... and maybe ultimately polyamorous marriages will happen because polygamy and polyamory are both very contradictory life patterns, though it may really be the same on the surface," " In 2013, two Kenyan men agreed to marry a woman who had been in an affair with both of them and seemed to have declined to choose one partner from both men on whom to get married to.
The agreement sets out a rotational routine in the household of the lady to both Mr. Sylvester Mwendwa and Elijah Kimani and states, they will both contribute to the upbringing of any baby arising from the household.
He said to the BBC (Mwendwa) that he liked the woman, and he said the contract "sets limits" and "maintains peace."Lawyers also did say that this "marriage" type is only recognized if it is proven to be their family tradition i.e a woman being with more than one husband.In defense of the "marriage," Mr Mwendwa informed the Africa BBC Focus program that he had agreed to enter into an agreement with Mr Kimani so as to put an end to their rivalry even though he was behaving in contravention to the law.
"Supposing guy the other came to her house and caught me... it would have been very serious. Therefore we accept that this agreement sets limits and helps us maintain peace." Police Officer Adhala Abdulrahman convinced the two men to marry the lady after he saw them in Mombasa County fighting for her.
"We decided that from today on, because of our woman,who says she's not willing to let any of us go, that we'll not injure each other or have any insecure sentiments because of her," the agreement says."The day set aside for each of us must and will be respected by all.
We consent to love each other and to live in peace. This agreement has not been coerced by anybody," the agreement says. Mwendwa said her parents had blessed them, as he plans to pay the dowry. The wife, a former wife with two children, was unwilling to be named. Mr Mwendwa told the BBC that he married the woman, not only to fulfill his sexual pleasure but also because he loved her and, above all, her children.
"I had never been called a father before but her two kids called me father," he told BBC. He said that he hoped that the woman would have her own children with him, but she had to decide this first. "She's like the central mediator for she can say whether she wants me or my colleague. ," he added.
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