Chapter 14 - Customary Marriages

Question 1

Requirements for customary marriages entered before 15 November 2000

Answer 1

1. The bride must publicly declare to the official witness that the marriage is taking place of her own free will and with her consent.
2. Certain family members are not within the prohibited degrees of relationship for the purposes of entering into a customary marriage.
3. lobolo must be customarily delivered.
4. Regardless of the spouse’s ages, both of them and the bride’s father or legal guardian must consent to the marriage.
5. The spouses must be over the age of puberty and must not be within the prohibited degrees of relationship
6. The wif must be handed over to her husband’s family and live with the husband
7. A ceremony takes place in celebration of the marriage.

Question 2

Requirements for customary marriages entered after 15 November 2000

Answer 2

1. The bride and groom must be over the age of 18 years.
2. Both of them must consent to the marriage
3. The marriage is negotiated and entered into or celebrated in accordance with customer law.
4. If either party to a customary marriage is a minor, the minor’s parent(s) or legal guardian must consent to the marriage, if such consent cannot be obtained, section 25 of the Marriage Act applies

Question 3

Registration of a customary marriage

Answer 3

The spouses must register their customary marriage, but non-registration does not affect the validity of the marriage.

Question 4

The wife’s status

Answer 4

She acquires full legal status and capacity and can no longer be regarded as a perpetual minor.

Question 5

Termination by divorce

Answer 5

The Act permits dissolution only on the grounds of the irretrievable break down

Question 6

Termination by Death

Answer 6

Death does not necessarily terminate a customary marriage outside KZN

Question 7

Co-existence of a customary marriage and civil marriage

Answer 7

A person in a civil marriage is not allowed to enter into a customary marriage as well. Similarly, a person in a customary marriage cannot enter into a civil marriage or civil union with another person