Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. Unlike surveys, registered marriages and divorces data are based on continuous recording of these events as they take place. The nonrecognition of islamic and hindu marriages in. South africa ratified the convention on the rights of the child in 1995, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1995, which. Wikiproject south africa rated startclass, midimportance this article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on. According to the marriage act of 1961, there are three different types of legal. Cohabitation, marriage and remarriage patterns in africa. The act imposes a duty on spouses in a customary marriage to register the marriage with 3 months after the marriage as proof of the marriage at home affairs. Rental housing act prevention of illegal eviction from and u. With over 58 million people, it is the worlds 24thmost populous nation and covers an area of 1,221,037 kilometres 758,717 mi. Grounds on which marriages are void division 2marriages solemnised after the commencement of section of the marriage amendment act 1985 23a.
Positioning homosexual transsexual marriages under the south african marriage act 25 of 1961 is my own work, that it has not been submitted for any degree or examination in any other university. The marriage act only provides for monogamous oppositesex marriages. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Marriage in south africa exists in a number of different forms, as a result of the diversity of religions and cultures in the country.
Islamic and hindu marriages which are not accompanied by a civil ceremony, either in terms of the marriage act act 25 of 1961 or the civil union act act 17 of 2006, are not recognised in south africa and the parties are consequently considered as unmarried in the eyes of the law. The position outlined above applied to the whole of south africa, including the former kwazulu and natal where the two codes operated kwazulu act. The specific types of marriage and divorce that can be registered in south africa are stipulated and governed by legal frameworks. Short title this act may be cited as the marriage act. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. Customary marriage and divorce, how does it work and what. As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. The 3 types of marriage in south africa find an attorney.
This act shall not be taken to exclude the operation of a law of a state or of a territory, in so far as that law relates to the registration of marriages. Be it enacted by the parliament of the republic of south africa, as follows. An in community of property or out of community of property, which is further characterized either with or without the accrual system in. Presently civil marriages are solemnised at offices of the department of home affairs and at churches with authorised marriage officers. South africa, officially the republic of south africa rsa, is the southernmost country in africa. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. African customary marriages in south africa and the intricacies of a mixed legal system. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Termination of a customary marriage after 20 november 2000.
A reflection on the african traditional values of marriage and sexuality dr. The marriage act defines marriage as the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. It is important to note that non registration does not make the marriage invalid, and there is no penalty for nonregistration. Marriage act, 1961 wikisource, the free online library. The solemnisation and registration of civil marriages are governed by the marriage act, 1961 act no. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Welcome to the official south african government online site. Authority of marriage officers in south west africa. From the above definitions it is also clear that customary marriages concluded in terms of hindu and muslim rites are not affected by the act, and remain invalid unless they were solemnised in terms of the marriage act, 25 of 1961 or the civil unions act, 17 of 2006.
Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. As from the date of commencement of this act a marriage between a. Minister mthembu to meet with stats council amid funding concerns. Totalitarianism, same sex marriage and democratic politics in postapartheid south africa jaco barnard abstract this article interrogates what it considers to be several totalitarian moments in the process that led to the legislation that authorised samesex. Pdf african customary marriages in south africa and the. This bibliography was generated on cite this for me on tuesday, february 23, 2016. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. The legal consequences of a marriage contemplated in the marriage act apply. I the marriage must be negotiated and entered into or celebrated in accordance with customary law.
This act shall be called the republic of south africa constitution act, 1961, and shall, save in so far as may be otherwise required for the purpose of giving effect to any provision thereof, come into operation on the thirtyfirst day of may, 1961. Hindu and muslims must still be married according to the civil union act to have their marriages recognised as legal in south africa. Marriage act 1961 sect 73 validity of marriages a marriage solemnised under this part, being a marriage which, if it had been solemnised in australia in accordance with division 2 of part iv would have been a valid marriage, is valid throughout australia and the external territories. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Welcome to the official south african government online. Marriage act an act to make provisions for the celebration of marriages. Marriage act 1961 other bibliographies cite this for me. Historically the legal definition of marriage, derived from the romandutch law, was limited to monogamous marriages between oppositesex couples. A man in south africa may have more than one spouse but a south african woman may only have one spouse. Notwithstanding anything to the contrary contained in this act or a prior law or in any written instrument issued in terms of section 4 or a prior law, any person who is a marriage. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. A religious viewpoint introduction africa is one continent with several worlds. South africa signed a j oint statementat the 2014 human rights council calling for a resolution on child marriage.
Solemnization and registration of civil marriages south africa. Marriage act, 1961 south africa jump to navigation jump to search. Fawzia khan in south africa we have 3 different types of marriage regimes. Marriage act 25 of 1961 insights into the law in south. Marriage act 1961 sect 94 bigamy 1 a person who is married shall not go through a form or ceremony of marriage with any person. To amend the marriage act, 1961 so as to insert certain definitions. The high court will this week begin deliberating on whether or not the acts samesex marriage bill is consistent with the constitution. Marriage to take place within three months after notice if the marriage does not take place within three months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and. South africa is located at the southern point of the continent of africa and.
A man and a woman between whom a customary marriage exists may enter in a civil union marriage marriage act of 1961, if neither of them is a spouse in another subsisting customary marriage with any other person. There are several different types of marriage in existence today. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. The existence and proof of customary marriages for purposes of road accident fund claims 1 the death of a breadwinner. So despite anyones personal views on samesex marriage, the law today states it is between a man and a woman. A civil marriage is a marriage contracted between two parties under the marriage act. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. These are the sources and citations used to research marriage act 1961. A customary marriage is legally defined as a marriage in accordance with customary law, that is, the customs and usages traditionally observed among the indigenous african peoples of south africa and which form part of the culture of those peoples.
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