Page:Recognition of Customary Marriages Act 1998 from Government Gazette.djvu/6

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Act No. 120, 1998

Recognition of Customary Marriages Act, 1998

(3) The Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987) and section 6 of the Divorce Act, 1979 (Act No. 70 of 1979), apply to the dissolution of a customary marriage.

(4) A court granting a decree for the dissolution of a customary marriage—

(a)

has the powers contemplated in sections 7, 8, 9 and 10 of the Divorce Act, 1979, and section 24(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984);

(b)

must, in the case of a husband who is a spouse in more than one customary marriage, take into consideration all relevant factors including any contract, agreement or order made in terms of section 7(4), (5), (6) or (7) and must make any equitable order that it deems just;

(c)

may order that any person who in the court’s opinion has a sufficient interest in the matter be joined in the proceedings;

(d)

may make an order with regard to the custody or guardianship of any minor child of the marriage; and

(e)

may, when making an order for the payment of maintenance, take into account any provision or arrangement made in accordance with customary law.

(5) Nothing in this section may be construed as limiting the role, recognised in customary law, of any person, including any traditional leader, in the mediation, in accordance with customary law, of any dispute or matter arising prior to the dissolution of a customary marriage by a court.

Age of majority

9. Despite the rules of customary law, the age of majority of any person is determined in accordance with the Age of Majority Act, 1972 (Act No. 57 of 1972).

Change of marriage system

10. (1) A man and a woman between whom a customary marriage subsists are competent to contract a marriage with each other under the Marriage Act, 1961 (Act No. 25 of 1961), if neither of them is a spouse in a subsisting customary marriage with any other person.

(2) When a marriage is concluded as contemplated in subsection (1) the marriage is in community of property and of profit and loss unless such consequences are specifically excluded in an antenuptial contract which regulates the matrimonial property system of their marriage.

(3) Chapter III and sections 18, 19, 20 and 24 of Chapter IV of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), apply in respect of any marriage which is in community of property as contemplated in subsection (2).

(4) Despite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage.

Regulations

11. (1) The Minister of Justice, in consultation with the Minister, may make regulations—

(a)

relating to—

(i)

the requirements to be complied with and the information to be furnished to a registering officer in respect of the registration of a customary marriage;

(ii)

the manner in which a registering officer must satisfy himself or herself as to the existence or the validity of a customary marriage;

(iii)

the manner in which any person including any traditional leader may participate in the proof of the existence or in the registration of any customary marriage;

(iv)

the form and content of certificates, notices, affidavits and declarations required for the purposes of this Act;

(v)

the custody, certification, implementation, rectification, reproduction and