Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998)RegulationsRecognition of Customary Marriages Act Regulations2. Registration of customary marriages |
| (1) | An application for the registration of a customary marriage must substantially correspond with Form A of the Annexure, be duly confirmed and signed before a— |
| (a) | registering officer; or |
| (b) | designated person, who has been designated as such by the Director-General to perform functions in terms of these regulations. |
| (2) | An application referred to in subregulation (1) must be lodged with a registering officer or designated person who must issue the applicant with an acknowledgment of receipt which substantially corresponds with Form B of the Annexure. |
| (3) | The designated person with whom an application is lodged must without delay forward the application referred to in subregulation (1) to the nearest regional or district office of the Department. |
| (4) | The registering officer— |
| (a) | who is not an official of the Department must, after registration of the customary marriage, without delay forward the application referred to in subregulation (1) to the nearest regional or district office of the Department for inclusion of the particulars of the customary marriage in the population register; and |
| (b) | who is an official of the Department must, without delay, include or cause to be included the particulars of the customary marriage in the population register. |
| (5) |
| (a) | The certificate of registration contemplated in section 4(4)(b) of the Act must substantially correspond with Form C of the Annexure. |
| (b) | The Director-General may on application— |
| (i) | issue a duplicate of the customary marriage certificate; |
| (ii) | issue an extract from the customary marriage register; or |
| (iii) | furnish a reproduction of the customary marriage register or of any supporting documentation in relation to the register. |
| (6) | The registering officer must, when he or she refuses to register a customary marriage as contemplated in section 4(6) of the Act— |
| (a) | inform the applicant of— |
| (i) | the refusal; and |
| (ii) | the reasons for the refusal; and |
| (b) | where the registering officer is not an official of the Department, without delay forward the application form to the nearest regional or district office of the Department. |
