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Customary marriages

21 May 2003

The first article deals with registrations involving customary marriages entered into before the implementation of the Recognition of Customary Marriages Act (the Act) after 15 November 2000. The second article concerns registrations involving customary marriages entered into after the implementation of the Act. Both articles look at and analyse the requirements for the various marital regimes with reference to case law.

The role of the registering officer, and potential problems and issues which conveyancers and legal practitioners who prepare deeds and documents for registration or execution in the deeds registry might have, are also examined.

Parties married in terms of customary law must be cited in deeds and documents lodged for execution or registration in a deeds registry as follows:
"Izekiel Sohalo
Identity number 670918 5333 08 9
Married, which matrimonial property system is governed by customary law in terms of the Recognition of Customary Marriages Act 120 of 1998."

Spouses in a polygamous customary marriage must be cited in deeds and documents lodged for execution or registration in a deeds registry as follows:
"Phil Mandla
Identity number 400909 5656 08 8
Married
the proprietary consequences of which
marriage(s) are governed
by an order of court issued in
terms of the Recognition of Customary
Marriages Act No 120 of 1998
(I............/2002 I)"

The final article looks at the proprietary consequences of marriages in customary law and the contractual capacity of the spouses. It is useful since conveyancers and legal practitioners need to know how the provisions of the Act affect the contractual capacity of the spouses, and what requirements a registrar of deeds will insist on where deeds and/or other documents are executed by a spouse in a customary marriage.

Links to:
Registrations involving customary marriages entered into before the implementation of the Recognition of Customary Marriages Act

Registrations involving customary marriages entered into after the implementation of the Recognition of Customary Marriages Act

Proprietary consequences of marriages in customary law and the contractual capacity of spouses so married

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