An investigation of property and inheritance rights of the spouses in polygnous customary marriages among Vatsonga people in Vhembe District

Abstract

This study sought to explore the proprietary consequences of the Vatsonga customary marriages. The study seeks to investigate the constitutional rights of the spouses in polygynous customary marriages, as well as to explore the property and inheritance rights of spouses in polygynous customary marriages and to investigate how spouses of polygynous customary marriages can be informed about their rights and be protected from losing their property and inheritance. A qualitative exploratory design was adopted in this study. Non-probability purposive and snowball sampling methods were used to select second women married in polygynous marriages. All participants live in the Vhembe District. It was envisaged that a sample size of five women and five husbands married in polygyny would be interviewed. A voice recorder was used to record data from the participants. An interview guide was used to explore property and inheritance rights from spouses of polygynous customary marriages. The data was transcribed verbatim and analysed using Tech’s ten steps of open coding. The study adopted two theories, for example, the resilience theory and the social exchange theory in integration with the study.. The researcher, through probing, realised that there is a need for the HMA to educate people about these marriages and help them through registering them so that their marriages can be recognised. Also, the community can empower women so that they can stand up for themselves and avoid the issue of them being under someone. Also, the issue of counselling and guidance, if there might be issues like disputes, so that they can be resolved in harmony.