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Related documents
- Is amended by Judicial Matters Amendment Act, 2001
- Is amended by Jurisdiction of Regional Courts Amendment Act, 2008
- Is amended by Recognition of Customary Marriages Amendment Act, 2021
South Africa
Recognition of Customary Marriages Act, 1998
Act 120 of 1998
- Published in Government Gazette 19539 on 2 December 1998
- Assented to on 20 November 1998
- Commenced on 15 November 2000 by Recognition of Customary Marriages Act, 1998: Commencement
- [This is the version of this document as it was from 2 December 1998 to 6 December 2001.]
1. Definitions
In this Act, unless the context otherwise indicates—"court" means a High Court of South Africa, or a family court established under any law, and for purposes of section 8, a Divorce Court established in terms of section 10 or the Administration Amendment Act, 1929 (Act No. 9 of 1929);"customary law" means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples;"customary marriage" means a marriage concluded in accordance with customary law;"lobolo" means the property in cash or in kind, whether known as lobolo, bogadi, bohali, xuma, lumalo, thaka, ikhazi, magadi, emabheka or by any other name, which a prospective husband or the head of his family undertakes to give to the head of the prospective wife's family in consideration of a customary marriage;"Minister" means the Minister of Home Affairs;"prescribed" means prescribed by regulation made under section 11;"registering officer" means any person appointed as registering officer for purposes of this Act by the Minister or an officer acting under the Minister's written authorization;"this Act " includes the regulations; and"traditional leader" means any person who in terms of customary law or any other law holds a position in a traditional ruling hierarchy.2. Recognition of customary marriages
3. Requirements for validity of customary marriages
4. Registration of customary marriages
5. Determination of age of minor
6. Equal status and capacity of spouses
A wife in a customary marriage has, on the basis of equality with her husband and subject to the matrimonial property system governing the marriage, full status and capacity, including the capacity to acquire assets and to dispose of them, to enter into contracts and to litigate, in addition to any rights and powers that she might have at customary law.7. Proprietary consequences of customary marriages and contractual capacity of spouses
8. Dissolution of customary marriages
9. Age of majority
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).10. Change of marriage system
11. Regulations
12. Amendment of laws
13. Repeal of laws
The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.14. Short title and commencement
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.History of this document
01 June 2021 amendment not yet applied
09 August 2010 amendment not yet applied
07 December 2001 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2001
15 November 2000
02 December 1998 this version
20 November 1998
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Period for the registration of customary marriages referred to in section 4(3)(a) of the Act, 2014 | Government Notice 1000 of 2014 |
Period for the registration of customary marriages referred to in section 4(3)(a) of the Act, 2017 | Government Notice 483 of 2017 |
Period for the registration of customary marriages referred to in section 4(3)(b) of the Act, 2014 | Government Notice 1001 of 2014 |
Period for the registration of customary marriages referred to in section 4(3)(b) of the Act, 2017 | Government Notice 484 of 2017 |
Period for the registration of customary marriages referred to in sections 4(3)(b) and (b) of the Act, 2019 | Government Notice 1045 of 2019 |
Recognition of Customary Marriages Act, 1998 Regulations, 2000: Amendment | Government Notice R359 of 2003 |
Cited documents 6
Legislation 6
Documents citing this one 115
Gazette 61
- Free State Provincial Gazette dated 2022-11-11 number 70
- Gauteng Provincial Gazette dated 2015-02-27 number 51
- KwaZulu-Natal Provincial Gazette dated 2018-05-17 number 1953
- KwaZulu-Natal Provincial Gazette dated 2018-11-29 number 2024
- KwaZulu-Natal Provincial Gazette dated 2019-02-21 number 2048
- South Africa Government Gazette Legal Notices A dated 2012-07-27 number 35537 part 1
- South Africa Government Gazette Legal Notices A dated 2012-08-03 number 35554 part 1
- South Africa Government Gazette Legal Notices A dated 2014-04-17 number 37555
- South Africa Government Gazette Legal Notices A dated 2016-07-22 number 40150 part 1
- South Africa Government Gazette Legal Notices A dated 2018-10-26 number 41998 part 1
- South Africa Government Gazette Legal Notices A dated 2018-11-02 number 42014 part 1
- South Africa Government Gazette Legal Notices A dated 2020-09-04 number 43692
- South Africa Government Gazette Legal Notices A dated 2022-01-21 number 45782 part 1
- South Africa Government Gazette Legal Notices A dated 2022-01-28 number 45812 part 1
- South Africa Government Gazette Regulation Gazette dated 2001-02-26 number 22088
- South Africa Government Gazette Regulation Gazette dated 2002-11-25 number 24100
- South Africa Government Gazette Regulation Gazette dated 2003-03-14 number 25023
- South Africa Government Gazette Regulation Gazette dated 2004-05-31 number 26365
- South Africa Government Gazette Regulation Gazette dated 2005-06-27 number 27725
- South Africa Government Gazette Regulation Gazette dated 2005-09-16 number 28012
- South Africa Government Gazette Regulation Gazette dated 2008-08-22 number 31356
- South Africa Government Gazette Regulation Gazette dated 2008-12-24 number 31735
- South Africa Government Gazette Regulation Gazette dated 2014-02-19 number 37355
- South Africa Government Gazette Regulation Gazette dated 2014-05-22 number 37679
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2018-09-21 number 41915 part 1
- South Africa Government Gazette Regulation Gazette dated 2019-03-29 number 42338
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette dated 2001-12-07 number 22912
- South Africa Government Gazette dated 2003-02-21 number 24952
- South Africa Government Gazette dated 2003-04-22 number 24776
- South Africa Government Gazette dated 2003-04-30 number 24818
- South Africa Government Gazette dated 2005-01-31 number 27228
- South Africa Government Gazette dated 2006-11-30 number 29441
- South Africa Government Gazette dated 2008-03-14 number 30871
- South Africa Government Gazette dated 2008-11-05 number 31579
- South Africa Government Gazette dated 2008-11-26 number 31643
- South Africa Government Gazette dated 2010-12-07 number 33850
- South Africa Government Gazette dated 2010-12-07 number 33851
- South Africa Government Gazette dated 2011-01-21 number 33946
- South Africa Government Gazette dated 2011-08-26 number 34561
- South Africa Government Gazette dated 2011-10-19 number 34692
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2014-12-12 number 38290
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2015-11-06 number 39379
- South Africa Government Gazette dated 2016-03-09 number 39793
- South Africa Government Gazette dated 2017-06-02 number 40883 part 1
- South Africa Government Gazette dated 2017-12-18 number 41343
- South Africa Government Gazette dated 2018-04-20 number 41581
- South Africa Government Gazette dated 2018-10-29 number 42005
- South Africa Government Gazette dated 2019-05-23 number 42482
- South Africa Government Gazette dated 2019-08-08 number 42622
- South Africa Government Gazette dated 2020-04-03 number 43192 part 1
- South Africa Government Gazette dated 2020-12-11 number 43981 part 1
- South Africa Government Gazette dated 2021-05-04 number 44529
- South Africa Government Gazette dated 2021-05-11 number 44557
- South Africa Government Gazette dated 2021-06-01 number 44646
- South Africa Government Gazette dated 2021-06-18 number 44724 part 1
- South Africa Government Gazette dated 2021-07-02 number 44799 part 1
Judgment 43
- B G v S M (3818/2022) [2024] ZAFSHC 79 (22 March 2024)
- Banda v General Public Service Sectoral Bargaining Council N.O. and Others (JR 3273/2009) [2014] ZALCJHB 154 (26 February 2014)
- Bhe and Others v Khayelitsha Magistrate and Others ; Shibi v Sithole and Others ; South African Human Rights Commission and Another v President of Republic of South Africa and Another [2004] ZACC 17 (15 October 2004)
- Bwanya v Master of the High Court, Cape Town and Others [2021] ZACC 51 (31 December 2021)
- Daniels v Campbell and Others [2004] ZACC 14 (11 March 2004)
- Dlamini N.O and Others v Dlamini and Others; In Re: Nchupetsang N.O and Others v Dlamini and Others (22496/20) [2021] ZAGPJHC 417 (5 November 2021)
- Du Toit and Another v Minister of Welfare and Population Development and Others [2002] ZACC 20 (10 September 2002)
- Fourie and Another v Minister of Home Affairs and Another [2003] ZACC 11 (31 July 2003)
- Gama-Mpantsha and Others v Mpantsha (CA 16 of 2011) [2011] ZAECMHC 15 (18 August 2011)
- K M v G K (56563/21) [2022] ZAGPPHC 901 (27 June 2022)
- M N v J S (40230/2020) [2023] ZAGPPHC 893 (11 August 2023)
- Maboa and Another v Mukhari and Others (5446/17) [2018] ZAGPPHC 286 (12 April 2018)
- Malo and Another v Siswana and Another (A 137/2008) [2010] ZAWCHC 128 (11 June 2010)
- Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131 of 2017) [2018] ZASCA 2 (19 January 2018)
- Masoleng and Others v Moloto NO and Others (5111/2023) [2024] ZAFSHC 76 (27 March 2024)
- Mayelane v Ngwenyama and Another [2013] ZACC 14 (30 May 2013)
- Mbungela and Another v Mkabi and Others (820/2018) [2019] ZASCA 134 (30 September 2019)
- Minister of Justice and Correctional Services v Ramuhovhi and Others [2019] ZACC 44 (26 November 2019)
- Mlate NO v Sithole and Another (2023/115917) [2024] ZAGPPHC 324 (27 March 2024)
- Mnisi and Another v Mnisi and Another (40157/2017) [2018] ZAGPPHC 688 (20 September 2018)
- Modise v Master of the High Court of SA and Others (42772/19) [2021] ZAGPJHC 42 (4 November 2021)
- Molokane v Williams and Others (2015/12381) [2023] ZAGPJHC 1225 (24 October 2023)
- Monareng v Dada and Others (43100/15) [2024] ZAGPPHC 130 (13 February 2024)
- Monyepao v Ledwaba and Others (1368/2018) [2020] ZASCA 54 (27 May 2020)
- Mthembu v Sako and Others (2024-021190) [2024] ZAGPPHC 291 (25 March 2024)
- Mzalisi N.O. and Others v Ochogwu and Another (630/2018) [2019] ZASCA 138 (1 October 2019)
- Nafale v Nkosi and Others (2021/41524) [2022] ZAGPJHC 1215 (7 December 2022)
- National Director of Public Prosecution ; In Re: National Director of Public Prosecution v Ndlovu (64289/21) [2024] ZAGPPHC 185 (19 February 2024)
- Netshituka v Netshituka and Others (426/2010) [2011] ZASCA 120 (20 July 2011)
- Njilo v Minister of Home Affairs and Others (4051/2023) [2024] ZAFSHC 30 (16 February 2024)
- Phele and Another v Sibanyoni and Others (28059/21) [2022] ZAGPPHC 806 (19 July 2022)
- President of the RSA and Another v Women’s Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/2019) [2020] ZASCA 177 (18 December 2020)
- Queen Sibongile Winnifred Zulu v Queen Buhle Mathe and Others (1062/2022) [2024] ZASCA 22 (8 March 2024)
- Ramuhovhi and Others v President of the Republic of South Africa and Others [2017] ZACC 41 (30 November 2017)
- Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)
- S v Jezile and Others (A 127/2014) [2015] ZAWCHC 202 (23 March 2015)
- Selemela v Ngxeketo; In Re: Ngxeketo v Selemela (40230/2020) [2023] ZAGPPHC 755 (21 June 2023)
- Tiro v Tiro; In Re: Tiro v Tiro (37681/2022) [2023] ZAGPPHC 698 (9 June 2023)
- Tongoane and Others v National Minister for Agriculture and Land Affairs and Others [2010] ZACC 10 (11 May 2010)
- Tsambo v Sengadi (244/2019) [2020] ZASCA 46 (30 April 2020)
- Volks NO v Robinson and Others [2005] ZACC 2 (21 February 2005)
- Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (28 June 2022)
- X and Another v Minister of Social Development and Another (27706/21) [2022] ZAGPPHC 726 (24 February 2022)
Legislation 11
- Births and Deaths Registration Act, 1992
- Children's Act, 2005
- Civil Union Act, 2006
- Immigration Act, 2002
- Legal Aid of South Africa Regulations, 2017
- Magistrates' Courts Act, 1944
- Refugees Act, 1998
- Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Retirement), 2019
- Regulations Relating to the Kwazulu-Natal Joint Municipal Pension Fund (Superannuation), 2019
- Rules of the National Assembly
- South African Citizenship Act, 1995