Quick Answer: Is Customary Marriage Legal In South Africa?

What comes first lobola or engagement?

For those who prefer that the lobola negotiations come first, it could be because it is believed that, that is how one asks for a person’s hand in marriage before proposing.

So, in essence, the cows come home before anyone gets down on one knee..

What is a customary marriage in South Africa?

What is a customary union? According to the definition in the Act, a marriage in terms of customary law requires the use of customs and traditions usually observed among the indigenous African people of South Africa, which forms part of the culture of those people.

Lobola itself is not marriage, but rather a part of the process of getting married under customary law. … (In South Africa, couples of the same gender are allowed to marry under the Civil Union Act of 2006.) “It is very important to celebrate the customary marriage after lobola negotiations have been concluded.

How do you nullify customary marriage?

Dissolution of marriage in terms of the Act Section 8(1) provides that a customary marriage ‘may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage’.

What documents are needed to get married in South Africa?

The Marriage Register with the following documents must be handed to the receiving officer (Certified copies of the Bride, Groom and both Witnesses ID documents, proof of residence, letter of No Impediment or equivalent, Proof of residence/entry, death certificate, divorce certificate) 5.

Is Home Affairs open during lockdown?

At the beginning of the pandemic and the subsequent lockdown, certain Home Affairs services were suspended in order to reduce the number of people who visited our offices. … As the lockdown levels were relaxed, we incrementally reinstated services until 01 October 2020 when we went into lockdown Alert Level 1.

How do I register a customary marriage in South Africa?

To register a customary marriage, a couple must go to an office of the Department of Home Affairs. At least one witness for each of the partners, or a representative from each of the families must also be present.

How do I prove my marriage is customary in South Africa?

What makes a Customary Marriage Valid?Copies of IDs and a lobola agreement letter, if available;One witness from the bride’s family;One witness from the groom’s family; or.A representative of each of the families.

How many wives can you have in South Africa?

The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal. Hence former President Jacob Zuma currently has four legally-recognised wives.

When must a customary marriage be registered?

within 3 monthsCustomary marriages must be registered within 3 months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.

What is the difference between customary and civil marriage?

There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.

Is lobola a requirement for a customary marriage?

The lobola was negotiated and the families agreed on a sum of R 12 000. Of this sum, R 9 000 was paid, which was accompanied by various gifts. … It is the last requirement, that ‘the marriage must be negotiated and entered into or celebrated in accordance with customary law’, which the courts have grappled with.

How much does lobola cost in South Africa?

A price of 11 cows, or about $7,000, is considered fair for someone who has finished school and is a virgin, according to the Lobola Calculator app, which was created as a joke but is used by some men to estimate an offer.

What makes a customary marriage valid?

The marriage must be negotiated, entered into or celebrated in accordance with customary law. This means that the marriage must be entered into in line with the traditions and customs of the parties. The parties who are getting married must be 18 years or older.

Is unregistered customary marriage valid?

In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.

How much is a marriage certificate at home affairs?

Should you require an additional or abridged marriage certificate, you can request one from Home Affairs (by filling in form BI-130). The first abridged certificate is free of charge, with additional copies costing R75.

Where can I register my customary marriage?

Registering customary marriages Customary marriages must be registered within three months of taking place. This can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs offices.