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

Regulations

Recognition of Customary Marriages Act Regulations

5. Determination of age of minor

 

(1) When the age of a person who allegedly is a minor is uncertain or in dispute, the registering officer must—
(a) complete the relevant parts of the forms, which must substantially correspond with Forms E and F of the Annexure, and hand the completed forms to the person whose age must be determined;
(b) in order to assess his or her age, refer the said person for an examination to a medical doctor who is in the service of the State, who must complete the relevant part of the form which corresponds with Form F of the Annexure; and
(c) refer the said person, after he or she had been examined by the said medical doctor, to the magistrate’s court of the district in which the application for the registration of the customary marriage is lodged.

 

(2) The person whose age must be determined must—
(a) furnish to the magistrate’s court the completed forms, which correspond with Forms E and F of the Annexure; and
(b) appear before a magistrate who will determine his or her age.

 

(3)
(a) A magistrate may determine the age of the person by his or her appearance or from any written or oral information which is available and thereafter issue the certificate, contemplated in section 5(2) of the Act, on a form which substantially corresponds with Form G of the Annexure.
(b) The certificate referred to in paragraph (a) must be submitted to the registering officer concerned as soon as possible.