12 No. 19539
Government Gazette, 2 December 1998
| Act No. 120, 1998
|
Recognition of Customary Marriages Act, 1998
|
disposal of any document relating to the registration of customary marriages or of any document prescribed in terms of the regulations;
(vi)
any matter that is required or permitted to be prescribed in terms of this Act; and
(vii)
any other matter which is necessary or expedient to provide for the effective registration of customary marriages or the efficient administration of this Act; and
(b)
prescribing the fees payable in respect of the registration of a customary marriage and the issuing of any certificate in respect thereof.
(2) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.
(3) Any regulation made under subsection (1) which may result in financial expenditure for the State or regulations made under subsection (1)(b) must be made in consultation with the Minister of Finance.
(4) Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.
Amendment of laws
12. (1) Section 17 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:
“(b)
where the marriage concerned is governed by the law in force in the Republic or any part thereof, state whether the marriage was contracted in or out of community of property
or whether the matrimonial property system is governed by customary law in terms of the Recognition of Customary Marriages Act, 1998;”.
(2) Section 45bis of the Deeds Registries Act, 1937, is hereby amended—
(a)
by the substitution for paragraph
(b) of subsection (1) of the following paragraph:
“(b)
forms or formed an asset in a joint estate, and a court has made an order, or has made an order and given an authorization, under section 20 or 21(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984),
or under section 7 of the Recognition of Customary Marriage Act, 1998, as the case may be, in terms of which the property, lease or bond is awarded to one of the spouses,”; and
(b)
by the substitution for paragraph
(b) of subsection (1A) of the following paragraph:
“(b)
forms or formed an asset in a joint estate and a court has made an order, or has made an order and given an authorisation under section 20 or 21(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984),
or under section 7 of the Recognition of Customary Marriages Act, 1998, as the case may be, in terms of which the property, lease or bond is awarded to both spouses in undivided shares,”.
Repeal of laws
13. The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
Short title and commencement
14. This Act is called the Recognition of Customary Marriages Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.
