New Act : Roora Still Required

ZIM Fact, an online fact-checking platform, says lobola payment is still a requirement for the registration of a customary marriage under the new Marriages Act.

The Act combines the Civil Marriages Act and the Customary Marriages Act.

While payment of lobola is not a legal necessity for civil marriages, it is still required for customary law marriages and must be ascertained by marriage officers in the registration process.

“Lobola payment is still a requirement under Customary Law Marriage and the recent Gazetting of the Marriages Act of 2022 did not nullify that provision,” said Zim Fact.

“Section 16 of the Marriages Act, which deals with the official registration of a marriage, states that a marriage officer in a customary law marriage shall put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity or marital status of the parties to the proposed marriage.

“This means that marriage officers will have to ascertain whether lobola has been paid before a customary marriage has been registered.

“A civil marriage is monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law.

“Whereas a customary law marriage may, subject to the customary law of the people concerned, be polygamous or potentially polygamous.” H Metro