WHAT MAKES A CUSTOMARY MARRIAGE VALID?

A customary marriage is a marriage concluded in accordance with customary law. A customary marriage will follow the customs and usages traditionally observed among indigenous African people of South Africa and which form part of the culture of those people. A customary marriage is valid.

If it is entered into by prospective spouses who are both 18 years and above, who both consent to be married to each other under customary law and/or in the case of a prospective spouse who is a minor, the necessary consent is obtained before the conclusion of the customary marriage, and such a marriage is entered into or celebrated in accordance with customary law.
The spouses of a customary marriage have the duty to ensure that their marriage is registered within three months after the conclusion of their customary marriage. Registration can be done at any office of the Department of Home Affairs or through a designated traditional leader in areas where there are no Home Affairs Offices. Spouses must note that failure to register a customary marriage does not affect the validity of that marriage.