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Re Bethell was a judgement of the Chancery Division in London, decided in February 1888. The case considered the validity of the marriage between an English aristocrat and a Rolong woman concluded in terms of Rolong customary law. The judgement was enormously infl uential as the catalyst case that secured the “legal defi nition of marriage” as “the voluntary union for life of one man and one woman, to the exclusion of all others”. The article looks in detail at the historical context of the Bethell case and argues that the ruling was infl uenced by a desire to protect * Associate Professor, Faculty of Law, University of Cape Town.

"I also am a Barolong": Re Bethell and shaping of marriage law and conflict of laws doctrine