Customary marriages are regulated by the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) which provides for requirements for a valid customary marriage and registration thereof. In this regard, there is no power vested on Government to extend the provision of the Act to other types of marriages, as doing so will be acting ultra vires. A marriage entered into in terms of Muslim rites is thus far not recognised in the South Africa. In this regard, the Department has embarked on discussions throughout the Republic regarding the development of a policy on marriages in order to find possible means to deal with all types of marriages and enact legislation that addresses some of the types of marriages or practices that may not be recognised as marriages. This process will culminate in a legislative process to address certain issues relating to different types of marriages.
END
Remarks: Reply: Approved / Not Approved
Mr J W McKay Dr PA Motsoaledi, MP
A/Director-General Minister of Home Affairs
Date: Date: