Home affairs urged qualifying couples to register without delay 'to avoid unnecessary queues as the deadline approaches'.
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With only six days left before the deadline, the department of home affairs has urged couples with unregistered customary marriages to come forward and regularise their marital status before the special registration period closes on 31 August.
The department launched a special registration period on 1 September 2024 to allow people whose customary marriages were not registered within the prescribed period to register them.
“This includes marriages concluded before the Recognition of Customary Marriages Act came into effect in November 2000, as well as those concluded thereafter but not registered within the required timeframe”.
Home affairs urged qualifying couples to register without delay “to avoid unnecessary queues as the deadline approaches”.
Traditional leaders urged to spread the word
Home affairs also called on traditional leaders, community leaders and civil society organisations to help ensure affected couples know about the deadline.
“Members of the public who require further information on the application process or supporting documents should visit their nearest home affairs office,” the department said.
What are the requirements?
The Recognition of Customary Marriages Act 120 of 1998 came into effect on 15 November 2000.
For a customary marriage entered into after that date:
- The marriage must be negotiated and entered into or celebrated by customary law;
- The prospective persons intending to marry must be above the age of 18 years;
- Both prospective persons intending to marry must consent to the marriage; and
- No further customary marriages may be entered into unless the prospective husband obtains a court order to approve a written contract regulating the future matrimonial property system of these marriages.
“Customary marriages must be registered within three months from the date of marriage. This can be done at any office of the department of home affairs,” it notes.
Documents needed to register
The following people and documents are required during the registration process:
- Both spouses must present themselves at a home affairs office, with copies of their valid IDs and a lobola agreement.
- If one spouse has died, the surviving spouse can register the marriage.
- At least one witness from the bride’s family must be present.
- At least one witness from the groom’s family and/or a representative from each family must be present.
- Minors (below 18 years old) must obtain consent from their parent(s)/guardian(s). When consent of a parent(s)/guardian(s) cannot be obtained, the commissioner of welfare (Children’s Act 38 of 2005) or the minister of home affairs or a judge of the high court can be approached before they get married.
- Both spouses must submit valid IDs and copies for verification against the National Population Register.
- Two family representatives, one from each family, must provide certified copies of their IDs.
- The family representatives must also provide a sworn Saps affidavit confirming details of the marriage celebration and their attendance.
- The DHA-1699 application for customary marriage form must be completed at a Home Affairs office.
Multiple customary marriages
Home affairs also outlined requirements for a husband who is already in a customary marriage and wants to enter into another one.
“In order to enter into a further customary marriage, the husband must, at his own cost, obtain a court order from a competent court that will regulate his future matrimonial property system,” the department said.
The department also warned that a customary marriage is prohibited between people who are related by blood or affinity within the prohibited degree of relationship.
