Recognition of Customary Marriages Act 120 of 1998

The Recognition of Customary Marriages Act recognizes and regulates customary marriages in South Africa. Enacted in 1998, it gives legal force to customary marriages concluded in accordance with the customs and usages of indigenous African communities. The Act addresses the registration, consequences, and dissolution of customary marriages.

Legal area: Law relating to marriage, divorce, child custody, and domestic relationships.

Year enacted: 1998

Full text: https://www.gov.za/documents/south-africa-recognition-of-customary-marriages-act-120-of-1998

Key Provisions

• Section 3: Recognition of customary marriages concluded before the Act
• Section 5: Requirements for valid customary marriages including lobolo
• Section 7: Property regime of customary marriages (in community of property)
• Section 8: Personal and proprietary consequences of customary marriages
• Section 21: Dissolution of customary marriages
• Section 22: Civil marriages and customary marriages cannot coexist

Significance

The Act was a significant step in recognizing the cultural and legal diversity of South African family law. It overturned the historical non-recognition of customary marriages and placed customary marriages on an equal legal footing with civil marriages. The Act has been interpreted in cases addressing the property rights of women in customary marriages.