Namibia has two types of marriage systems, namely the civil system, and
customary marriage.2
Civil marriage is solemnised by civil or religious rites,
while customary marriage – in this context, polygyny – is based on tradition. As
a customary marriage, polygyny is not mere cohabitation and informal union:
it is a process, and its specifi cations differ from community to community.
Before this marriage comes into existence, the prospective spouses and their
families negotiate the marriage, exchange marriage considerations, establish a
matrimonial residence, and perform traditional ceremonies.3
Polygyny is not on par with civil marriage in terms of legal recognition by
the state. Only civil marriages are recorded in the marriage register of the
Department of Civic Affairs and are accorded marriage certifi cates.4
Perhaps the
most signifi cant distinguishing factor between a civil and customary marriage is
that polygyny is not only a private arrangement between the couple, but also a
union of two families.