Académique Documents
Professionnel Documents
Culture Documents
CUSTOMARY MARRIAGES IN SA
CUSTOMARY MARRIAGES
In this unit we are going to learn the following:
o
o
o
o
o
o
o
o
Essentials of CUM
Registration of CUM
Status and competencies of spouses in CUM
Consequences of CUM
Dissolution of CUM
CUM is private in its nature, it is not officiated by external parties but the family groups involved
It starts with betrothal where the families negotiate the marriage, usually initiated by grooms family and to be considered
by the brides family
Betrothal may include exchange of gifts as determined by the particular custom, including lobolo
Once, the families reach an agreement in the negotiations, then a marriage may be entered into
CUM is polygamous in its nature it allows a man to marry more than one wife
LOBOLO/MAGADI/BOH
ALI,XUMA/LUMALO/TH
AKA
Lobolo is property in cash or kind
which the prospective husband or
the head of his family undertakes
to give to the head of the
prospective wifes family in
consideration of a customary
marriage (s1 RCMA)
CONCEPT OF LOBOLO
In most traditions, giving of lobolo is an integral part in the conclusion of a CUM
There are different sentiments and values attached to the giving of lobolo, such as:
To show appreciation to the brides family for raising her and giving her to the
groom and his family in marriage
CONTINUE
Limited recognition for CUM was introduced through statutory enactment
such as the Natal Code of Zulu Law Proc of 1987 which applied only in
KZN
that a CIVM with another party would no longer extinguish an existing CUM
(see Netshituka v Netshituka)
All CUMs entered into after the commencement of the RCMA, and which
complied to all requirements of the Act are recognized (including
polygamous marriages)
REGISTRATION OF CUM
s4
Parties in a CUM have the duty to register their marriage within prescribed time period
Either spouse may register the marriage, provided they produce required information to the
existence of the marriage, identities of the spouses, date of marriage and lobolo agreed together
with witnesses
Any other person with sufficient interest may also register the CUM e.g. children
CUM may only be registered by a competent official qualified to do so, who must be satisfied that
indeed there is an existing and valid CUM
Registering officer will issue certificate of registration, which will serve as prima facie proof of the
existence of the CUM
However, failure to register a CUM does not invalidate the marriage. Registration of CUM only
serves as proof of existence of the marriage.