Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998)4. Registration of customary marriages |
| (1) | The spouses of a customary marriage have a duty to ensure that their marriage is registered. |
| (2) | Either spouse may apply to the registering officer in the prescribed form for the registration of his or her customary marriage and must furnish the registering officer with the prescribed information and any additional information which the registering officer may require in order to satisfy himself or herself as to the existence of the marriage. |
| (3) | A customary marriage— |
| (a) | entered into before the commencement of this Act, and which is not registered in terms of any other law, must be registered within a period of 12 months after that commencement or within such longer period as the Minister may from time to time prescribe by notice in the Gazette; or |
| (b) | entered into after the commencement of this Act, must be registered within a period of three months after the conclusion of the marriage or within such longer period as the Minister may from time to time prescribe by notice in the Gazette. |
| (4) |
| (a) | A registering officer must, if satisfied that the spouses concluded a valid customary marriage, register the marriage by recording the identity of the spouses, the date of the marriage, any lobolo agreed to and any other particulars prescribed. |
| (b) | The registering officer must issue to the spouses a certificate of registration, bearing the prescribed particulars. |
| (5) |
| (a) | If for any reason a customary marriage is not registered, any person who satisfies a registering officer that he or she has a sufficient interest in the matter may apply to the registering officer in the prescribed manner to enquire into the existence of the marriage. |
| (b) | If the registering officer is satisfied that a valid customary marriage exists or existed between the spouses, he or she must register the marriage and issue a certificate of registration as contemplated in subsection (4). |
| (6) | If a registering officer is not satisfied that a valid customary marriage was entered into by the spouses, he or she must refuse to register the marriage. |
| (7) | A court may, upon application made to that court and upon investigation instituted by that court, order— |
| (a) | the registration of any customary marriage; or |
| (b) | the cancellation or rectification of any registration of a customary marriage effected by a registering officer. |
| (8) | A certificate of registration of a customary marriage issued under this section or any other law providing for the registration of customary marriages constitutes prima facie proof of the existence of the customary marriage and of the particulars contained in the certificate. |
| (9) | Failure to register a customary marriage does not affect the validity of that marriage. |