9. The non-registration of an ordinary marriage shall not affect the validity of that marriage. While the recognition of marriages is provided for by law, the implementation of certain events such as death, alimony and property rights is impossible because the existing legislation has not been amended. (iii) the manner in which a person, including a traditional leader, may participate in proving the existence or registration of an ordinary marriage; (6) The husband of an ordinary marriage who wishes to enter into another ordinary marriage with another woman after the entry into force of this Law shall apply to the court for a written contract governing the future matrimonial regime of his marriages. 2. Where a marriage within the meaning of paragraph 1 is contracted, the marriage shall be a community of property and profits, unless such consequences are expressly excluded in a marriage contract governing the matrimonial property regime of their marriage. This means that section 7 § 1 of the Act was declared invalid only in so far as it concerned monogamous marriage and customary law applied to all polygamous marriages even before the Act came into force. “lobololo” means property in cash or in kind, whether known as Lobolo, Bogadi, Bohali, Xuma, Lumalo, Thaka, Ikhazi, Magadi, Emabheka or any other name; that a future husband or his head of household undertakes to give to the head of the family of the future wife in exchange for a customary marriage; “Traditional leader” is any person who holds a position in a traditional ruling hierarchy as defined by common law or other legislation. Registration of more than one ordinary marriage If a male person is already living in an ordinary marriage and wishes to enter into another ordinary marriage, he must obtain, at his own expense, a court decision from a competent court governing his future matrimonial property regime.

(vii) Any other matter necessary or useful for the effective registration of customary marriages or the effective enforcement of this Law; and (5) Nothing in this section shall be construed as limiting the common law role of any person, including a traditional chief, in mediating disputes or matters arising before the dissolution of an ordinary marriage by a court in accordance with the common law. make provision for the recognition of ordinary marriages; specify the conditions for a valid customary marriage; regulating the registration of habitual marriages; ensure the equality and effectiveness of spouses in ordinary marriages; regulating the property consequences of marriages and the ability of spouses to pay for such marriages; regulating the dissolution of habitual marriages; ensure the adoption of regulations; repealing certain provisions of certain Acts; and related issues. Note: The non-registration of an ordinary marriage in which there is a husband and wife does not invalidate the marriage, but the non-registration of a subsequent marriage invalidates the usual marriage. (3) Chapters III and IV Sections 18, 19, 20 and 24 of the Matrimonial Property Act 1984 shall apply to any ordinary marriage entered into community with property within the meaning of subsection (2). Requirements for a valid customary marriage The general conditions for a valid customary marriage entered into after the entry into force of the Act are as follows: The amending Act, in its proposed form, is expected to have a significant impact on the previously disenfranchised sector of the South African community, and it is therefore essential to fully understand its impact on the rights associated with ordinary marriages. The Customary Marriages Recognition Act entered into force on 15 November 2000. If you existed in a common law marriage before that date, your marriage will be recognized under this new law. If a husband already has more than one wife under customary law, all such marriages will be recognized under this new law. The Act regulates marriages entered into after the entry into force of the Act and establishes the rules to be followed by persons who marry under customary law in order for their marriage to be recognized.