Abstract
LL.M.
This research is a comparative study of the provisions for guardianship and custody, including maintenance of the South African common law and customary law. In customary law the emphasis is on the law of the Bafokeng people which is a tribe chosen as group of the research.
The purpose of this research is to analyze the provisions of guardianship, custody and maintenance applicable to these legal systems. The analysis is divided as follows:
• Guardianship and custody: (i) during the marriage; after divorce; after death of parent(s); of an extra-marital child.
• Maintenance of children: (i) during the marriage; after divorce; after death of parent(s); born outside marriage (extra-marital children).
The objective is to highlight the similarities and differences between the provisions of these legal systems and to come up with the conclusion whether the one is more favourable than the other in catering for the needs and interests of its subjects.
The conclusion will be governed by the following issues:
• Which legal system caters for the interests of its subjects?
• Which legal system accords with the provisions of the Constitution Act?
• Which legal system protects the interests of the child best?
Having come to that conclusion, the researcher aims at indicating laws which should be considered for reform.