9. Despite the rules of customary law, the age of majority of any person is determined in accordance with the Age of Majority Act, 1972 (Act No. 57 of 1972). Change of marriage system 10. (1) A man and a woman between whom a customary marriage subsists are competent to contract a marriage with each other under the Marriage Act, 196 1 (Act No. 25 of 1961). if neither of them is a spouse in a subsisting customary marriage with any other person. (2) When a marriage of property in community specifically excluded property system of their marriage. is concluded as contemplated and of profit and in subsection (1) the marriage loss unless such consequences is are in an antenuptial contract which regulates the matrimonial (3) Chapter III and sections 18, 19, 20 and 24 of Chapter IV of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), apply in respect of any marriage which is in community of property as contemplated in subsection (2). (4) Despite subsection (1), no spouse of a marriage entered Act, 1961, is, during the subsistence of such marriage, competent marriage. into under the Marriage to enter into any other Regulations 11. (1) The Minister of Justice, in consultation with the Minister, may make regulations- (a) relating (i) (ii) (iii) (iv) (v) in respect of the registration to be furnished of a customary in which a registering officer must satisfy himself or herself to be complied with and the information officer to- the requirements to a registering marriage; the manner as to the existence or the validity of a customary marriage; the manner any traditional participate customary marriage; the form and content of certificates, notices, affidavits and declarations required the custody, certification, in which any person in the proof of the existence or in the registration for the purposes of this Act; leader may of any reproduction and implementation, rectification, including 5 10 15 20 25 30 35 40 45 50 I? No. 19539 GOVERNMENT GAZETTE, -J DECEMBER 1998 Act No. 120, 1998 RECOGNITION OFCUSTOMARY MARRIAGES ACT. 1998 (vi) (vii) relating to the registration disposal of any document marriages or of any document prescribed any matter that is required or permitted Act; and any other matter which effective registration of customary marriages or the efficient administra- tion of this Act; and in terms of the regulations; is necessary or expedient to be prescribed to provide of customary in terms of this for the 5 (‘1,) prescribing the fees payable marriage and the issuing of any certificate (2) Any regulation made under subsection in respect of the registration of a customary in respect thereof. (1) must, before publication thereof in the 10 Gazette, be submitted to Parliament. regulation made under for the State or regulations made under subsection (3) Any expenditure consultation with the Minister of Finance. subsection (1) which may result in financial (l)(6) must be made in (4) Any regulation made under subsection a provision contravenes and on conviction be liable to a fine or to imprisonment year. thereof or fails to comply (1) may provide that any person who therewith shall be guilty of an offence for a period not exceeding one Amendment of laws 12. (I) Section 17 of the Deeds Registries Act. 1937 (Act No. 47 of 1937), is hereby (2) of the following (h) of subsection for paragraph amended by the substitution paragraph: “(/I) where the marriage concerned or any part thereof, state whether community governed by customary Marriages Act, 1998;“. of property or whether law in the marriage was contracted is governed by the law in force in the Republic in or out of is system of Customq the matrimonial terms of the Recognition property (2) Section 45&s of the Deeds Registries Act, 1937, is hereby amended- ((1) by the substitution for paragraph (h) of subsection (I) of the following paragraph: “(6) forms or formed an asset in a joint estate, and a court has made an order, or has made an order and given an authorization, under section 20 or 2 l(1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or under section 7 of rhe Recognition Marriages Act, 1998, as the case may be, in terms of which and property, Cb) by the substitution lease or bond is awarded for paragraph to one of the spouses,“; (IA) of the following (b) of subsection of Customary the paragraph: “(b) forms or formed an asset in a joint estate and a court has made an order, or has made an order and given an authorization under section 20 or 21( 1) of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or under Marriages Act, 1998, as the case may be, in terms of which the property, shares.“. to both spouses the Recognition lease or bond of Customary in undivided is awarded section 7 of 15 20 25 30 35 40 45 Repeal of laws