CHAPTER 5:07
CUSTOMARY MARRIAGES ACT
Ord. 5/1917; Acts 23/1950, 29/1951 (s. 2), 11/1962, 14/1962 (s. 2), 24/1962 (s. 2), 11/1971, 37/1975 (s. 45),
33/1985 (s. 16), 11/1987 (s. 7), 2/1990, 22/1992 (s. 10) 6/1997 (s. 7), 22/2001 (s. 4, 23/2004 (s. 282);
R.G.N. 153/1963, S.I. 666/1983.
ARRANGEMENT OF SECTIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
15A.
16.
17.
18.
19.
Short title.
Interpretation.
Marriages not to be valid unless solemnized.
Who must be present at solemnization of marriage.
Authorization of marriage by magistrate.
Customary marriage officer may put relevant questions.
Solemnization of marriage.
Marriage register.
Search of marriage register.
Offences in relation to marriage register.
Pledging of girls or women in marriage prohibited.
Certificates as to consent and marriage consideration in marriages under Marriage Act.
[Repealed]
Evidence for prosecution by husband or wife of accused.
[Repealed]
Legality of marriages between persons within certain degrees of affinity or consanguinity.
Dissolution of marriage.
Validation of certain marriages.
Appointment of customary marriage officers.
Existing marriage registers.
SCHEDULE
Form.
AN ACT to provide for the solemnization of customary marriages; to regulate certain other
incidents in connection with such marriages and to prevent the pledging of children.
[Date of commencement: 1st January, 1951.]
1
Short title
This Act may be cited as the Customary Marriages Act [Chapter 5:07].
2 Interpretation
In this Act—
“customary marriage officer” means—
(a) a magistrate; or
(b) an official or chief appointed to be a customary officer in terms of section eighteen;
“customary marriage” means a marriage between Africans;
“Marriage Act” means the Marriage Act [Chapter 5:11] and includes, where appropriate, the Marriage Act
[Chapter 177 of 1963];
“marriage consideration” means the consideration given or to be given by any person in respect of the
marriage of an African woman, whether such marriage is contracted according to customary law or
solemnized in terms of the Marriage Act or this Act;
“marriage register” means the marriage register referred to in section eight;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“solemnization”, in relation to marriage, means solemnization in terms of this Act.
3 Marriages not to be valid unless solemnized
(1) Subject to this section, no marriage contracted according to customary law, including the case where a
man takes to wife the widow or widows of a deceased relative, shall be regarded as a valid marriage unless —
(a) such marriage is solemnized in terms of this Act; or