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Recognition of Customary Marriages Act 1998 (Act No. 120 of 1998)

11. Regulations

 

(1) The Minister of Justice, in consultation with the Minister, may make regulations—
(a) relating to—
(i) the requirements to be complied with and the information to be furnished to a registering officer in respect of the registration of a customary marriage;
(ii) the manner in which a registering officer must satisfy himself or herself as to the existence or the validity of a customary marriage;
(iii) the manner in which any person including any traditional leader may participate in the proof of the existence or in the registration of any customary marriage;
(iv) the form and content of certificates, notices, affidavits and declarations required for the purposes of this Act;
(v) the custody, certification, implementation, rectification, reproduction and disposal of any document relating to the registration of customary marriages or of any document prescribed in terms of the regulations;
(vi) any matter that is required or permitted to be prescribed in terms of this Act; and
(vii) any other matter which is necessary or expedient to provide for the effective registration of customary marriages or the efficient administration of this Act; and
(b) prescribing the fees payable in respect of the registration of a customary marriage and the issuing of any certificate in respect thereof.

 

(2) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

 

(3) Any regulation made under subsection (1) which may result in financial expenditure for the State or regulations made under subsection (1)(b) must be made in consultation with the Minister of Finance.

 

(4) Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.