Lobola itself is not marriage, but rather a part of the process of getting married under customary law. … (In South Africa, couples of the same gender are allowed to marry under the Civil Union Act of 2006.) “It is very important to celebrate the customary marriage after lobola negotiations have been concluded.
Does paying lobola mean you are married?
Firstly, the Act defines lobolo as “property in cash or in-kind which a prospective husband or the head of his family undertakes to give to the head of the prospective wife’s family in consideration of a customary marriage.” There is no doubt that lobolo is one of the essential requirements in terms of section 3(1)(b) …
How do I prove my marriage is customary in South Africa?
What makes a Customary Marriage Valid?
- Copies of IDs and a lobola agreement letter, if available;
- One witness from the bride’s family;
- One witness from the groom’s family; or.
- A representative of each of the families.
What qualifies as a customary marriage?
According to the definition in the Act, a marriage in terms of customary law requires the use of customs and traditions usually observed among the indigenous African people of South Africa, which forms part of the culture of those people. … The definition excludes Hindu and Islamic marriages.
What constitutes marriage South Africa?
It is a marriage entered into between a man and a woman, negotiated and celebrated according to the prevailing customary law in their community. A customary marriage is recognised as a valid marriage and will receive full legal protection irrespective of whether it is monogamous or polygamous.
What happens after paying lobola?
What happens after lobola negotiations? The moment the final lobola price is agreed upon, the uncles of the groom would meet with the family of the bride and arrange for the payment. After that is done, the groom becomes a part of the bride’s family, and a party would be thrown.
What comes first between lobola and engagement?
Back in the day, lobola *WAS* the engagement. … This means that for them; the proposal/engagement comes before the “vula mlomo” (the proposer’s introduction and request for blessings from the families to marry the “proposee“).
Is Home Affairs open during lockdown?
At the beginning of the pandemic and the subsequent lockdown, certain Home Affairs services were suspended in order to reduce the number of people who visited our offices. … As the lockdown levels were relaxed, we incrementally reinstated services until 01 October 2020 when we went into lockdown Alert Level 1.
How do I prove my marriage is customary?
The requirements are as follow:
- The marriage must be negotiated, entered into or celebrated in accordance with customary law. …
- The parties who are getting married must be 18 years or older. …
- The parties must also be competent to marry each other, meaning that they must not be blood relatives.
Is an unregistered marriage valid?
The absence of registration of marriage does not render the marriage illegal. A marriage without registration is perfectly legal. 2. Since you are married for all legal and practical purposes you can dissolve the marriage only through a decree of divorce passed by the competent court.
What is the difference between civil marriage and customary marriage?
What is a Customary Marriage? … There exist certain requirements that must be complied with in order to conclude a valid customary marriage; while a civil marriage is seen as a marriage concluded between 2 parties, and must be monogamous in order to be valid, customary marriages differ as polygamy is permissible.
What is the difference between customary marriage and statutory marriage?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. … However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
Can customary marriage be out of community?
Customary Marriages and Community of Property
If the parties would like their marriage to be out of community of property they will have to enter into an ante-nuptial contract prior to getting married. If they want to change after they are already married they will have to apply to the High Court.
What is needed to get married in South Africa?
Documents required to enter into a marriage
Identity documents(for each person getting married) If a foreign national is marrying a South African citizen, they should both present their valid passports as well as well as a completed BI-31 Form (Declaration for the Purpose of Marriage, Letter of no impediment)
Can a woman marry 2 husbands?
Polyandry, marriage of a woman to two or more men at the same time; the term derives from the Greek polys, “many,” and anēr, andros, “man.” When the husbands in a polyandrous marriage are brothers or are said to be brothers, the institution is called adelphic, or fraternal, polyandry.
How many wives can a man have in South Africa?
Therefore only men are allowed to marry more than one spouse of the opposite sex at the same time. South African traditionalists have been well known to practice polygamy and the topic has been a serious political issue in the past several years, especially in the 2009 elections.