THEY HAVE been given a deadline of the end of next month to register their marriages at the Ndabazabantu, the country’s customary marriages.
This was revealed by the Department of Home Affairs, which says that all customary marriages under the African Customary Marriage Act of 1998 must be officially registered by
31 August this year. The department says that the registration of these marriages is important.
“Its registration is very important because it makes it easier to follow all legal procedures, (the couple) and obtain the necessary documents such as a marriage certificate and so on. It is true that customary marriages are legal if all the necessary procedures are followed, but even if they are legal, they are not registered,” the department said.
It says that those who wish to register their marriages must go to the offices of the Department of Home Affairs, accompanied by witnesses from both families. They must bring their marriage certificates, dowry agreements (if any), fill out Form BI-1699, and provide reasons why they did not register their marriages in the past.
The issue of customary marriages was in the news earlier this year, when the Constitutional Court ruled that customary marriage is a matrimonial property. In that ruling, it stated that a person who has already married, even if they have not consummated it, is considered to have married in a customary marriage.
The ruling also stated that in the eyes of the law, a customary marriage is equivalent to a civil marriage. The ruling was widely applauded by citizens, including legal and cultural experts.
Cultural expert Professor Jabulani Maphalala told this newspaper that the ruling had been long awaited. He said the ruling would be of great help, as it would help ensure the preservation of customary traditions.masiko esintu.
