Recently on the Justice in Heels podcast, host Danielle Hayward sat down with Barnard’s own family law expert, Isabel van den Ende, to explore the nuances of customary marriages in South Africa. Van den Ende explained that the cornerstone legislation governing these unions is the Recognition of Customary Marriages Act (RCMA).
A key takeaway is that, much like civil marriages, both spouses must be over 18 and consent to the union. However, what sets customary marriages apart is that they must be negotiated or celebrated in accordance with the specific customs of the couple’s cultural community. For example, lobola (often incorrectly referred to as “bride price”) involves transferring wealth from the groom’s family to the bride’s family. It symbolises the joining of two families rather than a mere transaction. Importantly, full payment of lobola is not always required for the marriage to be considered valid.
Van den Ende highlighted that registration of a customary marriage is recommended but not mandatory – an unregistered marriage can still be valid if it meets the legal requirements. She also emphasised that customary law permits a man to take more than one wife, provided the first wife consents.
Through real-life case examples, Van den Ende illustrated the courts’ approach to customary marriage, including late or posthumous registrations. Ultimately, her message underscores the importance of consulting an attorney or a trusted traditional leader to ensure one’s customary marriage meets all legal criteria.
