The Minister of Home Affairs has announced that all unregistered customary marriages must be officially registered by 31 August 2026. This deadline applies to marriages conducted under African Customary Law, both before and after the Recognition of Customary Marriages Act was enacted in 1998. Registration is crucial for providing legal recognition and documentation, such as a marriage certificate, for these unions.
Background
The Recognition of Customary Marriages Act was introduced to legally recognize marriages based on African Customary Law and address historical gender inequalities. While marriages entered into after the Act are legally valid if they meet specific criteria, such as both parties being over 18 and consenting, many customary marriages remain unregistered.
New Registration Deadline
The deadline extension provides couples who have not yet registered their customary marriages a final opportunity to do so. Registration must be completed by 31 August 2026. Couples can register at Department of Home Affairs offices or through a traditional leader where no Home Affairs office is available.
Registration Process
To register a customary marriage, both spouses must attend in person, along with at least one witness from each family. The following documents must be presented:
- Identity documents of both spouses
- The lobola agreement (if applicable)
- The registration form (BI-1699)
- A valid reason for not registering earlier
- Payment of the prescribed fee Identity documents of both spouses
Once registered, the marriage will be officially recognized, and the couple will receive a marriage certificate.