The legal framework
A statutory marriage is celebrated before a Registrar or in a licensed place of worship by a licensed minister, after notice. Customary marriage follows the customs of the community, including the payment of lobola, and is valid without registration though registration is possible. A statutory marriage is monogamous, and contracting a customary marriage during it is bigamy.
Key points
| Statutory marriage | Registrar or licensed place of worship, after 21 days' notice |
|---|---|
| Customary marriage | Valid on completion of customary requirements; registration available |
| Monogamy | Statutory marriage is strictly monogamous |
| Minimum age | 21 for statutory marriage without consent; 16 with consent of parents and a judge |
| Succession | The Intestate Succession Act applies to both, with different practical effects |
| Proof | An affidavit of customary marriage is often required for pensions and estates |
| Licensed churches | Must be licensed to celebrate statutory marriages |
| Conversion | A customary marriage can be converted to statutory |
| Local courts | Handle customary marriage disputes |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Confirm the church's licence before fixing the date.
Where to go
- Registrar of Marriages, Department of National Registration.
- Local court for customary marriage matters.
- Legal Aid Board and Women in Law and Development in Africa.
Worth knowing
Customary marriage is the most common form and the least documented. An affidavit of marriage prepared while both spouses are alive prevents most inheritance disputes later. Contracting a customary marriage during a subsisting statutory marriage is bigamy, even where the community treats it as ordinary.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database