Deadline looms for registering unregistered customary marriages August 31

Couples in unregistered customary marriages have until August 31 to register their unions with the Department of Home Affairs, the department has reminded the public.

Why registration matters

Home Affairs said registration is crucial to provide legal recognition and documentation, including a marriage certificate, for marriages conducted under African Customary Law. The department described the current extension as a final opportunity for couples who have not yet registered their customary marriages.

Which marriages are affected

The deadline applies to marriages concluded under African Customary Law both before and after the Recognition of Customary Marriages Act (1998). The Act was introduced to legally recognise marriages based on African Customary Law and to address historical gender inequalities.

Home Affairs noted that marriages entered into after the Act are legally valid if they meet specific criteria, such as both parties being over 18 and consenting, while many customary marriages remain unregistered.

How to register

The department set out the requirements for registration. Both spouses must attend in person, accompanied by at least one witness from each family. Applicants must produce identity documents for both spouses, the lobola agreement if applicable, and complete the registration form (BI-1699). The application must also include a valid reason for not registering earlier.

Couples may register at Home Affairs offices or through a traditional leader where no Home Affairs office is available. Once registered, the marriage will be officially recognised and the couple will receive a marriage certificate.

Legal limits and court rulings

Home Affairs reminded the public that a customary marriage cannot be entered into during the subsistence of a civil marriage if either spouse is already married in terms of civil law.

The courts have wrestled with the relationship between customary and civil marriages. In a judgment last year, the Limpopo High Court said it is not legally possible for both a customary marriage and a civil marriage to co-exist alongside each other. Acting Judge M Mangena described the claim that both marriages could be valid as legally untenable and said the issue of whether parties are married under customary or civil law is a significant legal matter.

“It is a big legal issue that has pre-occupied judicial and non-judicial minds for centuries,” the acting judge said, adding that marriage in African culture is a cultural process with legal consequences.