Before European colonialism, divorce did not need the intervention of a court. Marriage could be nullified only on the grounds of witchcraft, adultery or insanity.
So, as unions between families rather than couples alone, marriage was considered a bond between families. The implication is that a divorced wife in good standing with her husband’s family could continue to live in his family homestead. However, this situation is changing.
### **What is the impact of western culture?**
Western culture reflects socioeconomic changes of colonialism and globalisation. These include technology, urbanisation, personal income, formal education, social media and statutory laws. It’s important to contextualise how these changes are influencing divorce.
Indigenous laws emerged in close-knit social settings and were aimed at promoting clan welfare. In contrast, modern conditions promote individualism, urbanisation, personal income, and binary ideas of gender equality. In the past, the groom’s family communally transferred bridewealth. After divorce, bridewealth was returned — fully or partially — to signify divorce. Communal cohesion ensured that the clan promoted marriage stability.
Today, bridewealth is no longer required to validate a customary law marriage. Its role in divorce has diminished, and only state courts can dissolve marriages. In any case, a wide range of customary laws regulate all aspects of marriage.
My research shows that western culture contributes to divorce when Africans adapt their indigenous behaviour to modern conditions. In essence, modernity is altering Zulu indigenous behaviour to conform to western-inspired statutory laws.
### **Can a balance be found?**
Though the Zulu people still cherish the institution of marriage, western culture is changing their attitudes towards divorce. Its influence highlights the struggle between indigenous laws and the legal system imposed by Dutch and British colonisers.
Roman-Dutch law is a fusion of English customary laws, Germanic tribal laws and Roman law forms. It forms the basis of South African common law. Balancing indigenous laws and Roman-Dutch law is difficult precisely because indigenous laws are increasingly subject to western culture.