June

June 3, 2025

The legal implications of unregistered customary marriages on the acquisition of immovable property: A conveyancing perspective

Customary marriages in South Africa are governed by the Recognition of Customary Marriages Act 120 of 1998 (RCMA). Registration of customary marriages is provided for in s 4 of the RCMA. This section provides that the spouses in a customary marriage have a duty to ensure that their marriage is registered with the Department of Home Affairs.