Customary Marriages
A customary marriage is a marriage concluded in accordance with customary law, meaning the customs and usages of the indigenous African people. This entails payment of lobolo (bogadi, bohali, xuma, lumalo, thaka, ikhazi, magadi, emabheka) which is a payment either in cash or cattle or any other agreed payment method by the prospective husband to the head of the prospective wife’s family.
When is a customary marriage valid? This is regulated by Section 3 of the Recognition of Customary Marriages Act, 120 of 1998.
This act states that both parties must be 18 years old and agree to marry each other under customary law. The marriage must be negotiated and entered or celebrated in accordance with customary law.
This marriage furthermore must be registered within a period of 12 months of the ceremony by a registering officer.