Some thoughts on bridewealth in South Africa and dowry in Roman law

Abstract

Bridewealth still forms part of the indigenous South African marriage culture. Legislative recognition of African customary marriages stripped them of many of their characteristic indigenous African features that offered protection to African women and children. This article focuses on the role of bridewealth in the formation of a valid customary marriage, and in the maintenance of the wife and her children should the need arise. The hypothesis is considered that the Roman law of dowry can provide new perspectives on the problem areas of bridewealth in African customary law. Even though principally opposites, there are numerous similarities in the role and function of bridewealth in African marriage culture and of dowry in Roman society.