Pretoria: Customarily married couples have been given until 31 August 2026 to regularise their unregistered unions, as urged by the Department of Home Affairs (DHA). The department emphasized the importance of this registration to prevent legal complications that arise when customary marriages remain unregistered.
According to South African Government News Agency, Thulani Mavuso, Deputy Director-General of Operations at the DHA, expressed concerns about the challenges faced when couples do not comply with the Recognition of Customary Marriages Act of 1998. This Act, which took effect on 15 November 2000, requires that marriages concluded before its commencement be recognized and those afterward be registered within three months.
Mavuso pointed out that many couples have not registered their marriages, leading to issues, especially when one spouse passes away. The department often deals with contested posthumous marriage registrations, which complicates matters related to matrimonial property and estate settlements.
Home Affairs Minister Leon Schrieber established the deadline in September 2024, leveraging a provision in the Act that allows the Minister to extend the registration period beyond the standard three months. This extension covers older, unregistered marriages and newer unions that missed the statutory registration window.
Mavuso highlighted that failure to register exposes surviving spouses to asset disputes, often leaving women vulnerable. He recounted an incident where a husband attempted to register his marriage posthumously, but the wife's family contested its validity due to their separation.
Registration is also crucial for establishing legal parental relationships in matters requiring official consent, such as passport applications for minor children. Couples must present evidence of customary negotiations or practices, like lobola negotiations or a marriage ceremony, along with witnesses to confirm the union.
Mavuso warned that delayed registration could force the DHA into adjudicating family disputes, potentially leading to litigation. He urged couples to take the registration process seriously to avoid future complications.
Marriage officers at DHA offices are available to advise couples on their specific situations. While the 31 August deadline is a prompt for those with longstanding unregistered marriages, Mavuso assured that applications submitted afterward would still be considered, though timely registration is encouraged to ensure legal recognition.