Page:Recognition of Customary Marriages Act 1998 from Government Gazette.djvu/2



(English text signed by the President.) (Assented to 20 November 1998.)

To make provision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Definitions

1. 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 of the Administration Amendment Act, 1929 (Act No. 9 of 1929); (iv)

“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; (ii)

“customary marriage” means a marriage concluded in accordance with customary law; (i)

“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; (v)

“Minister” means the Minister of Home Affairs; (vi)

“prescribed” means prescribed by regulation made under section 11; (ix)

“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; (vii)

“this Act” includes the regulations; (iii) and

“traditional leader” means any person who in terms of customary law or any other law holds a position in a traditional ruling hierarchy. (viii)