What is marriage?

Section 3 of the Marriage Act provides that marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union.
Article 45(2) of the Constitution provides that a person may only marry a person of the opposite sex. Section 162 and 165 of the Penal Code prohibit same sex relations.
Section 4 provides that a person may only marry once they are 18 years.

Types of marriages

Section 6 of the Marriage Act provides that a marriage may be registered as a Christian marriage, Civil marriage, customary marriage, Hindu marriage or Islamic marriage.

1. Civil marriages

Section 24 of the Marriage Act provides that this is a marriage celebrated by the Registrar of Marriages.

The process is as follows:

i. Log into e-citizen and select the portal for the Office of the Attorney General
ii. Fill in the application form
iii. Attach the following:
• Copy of National Identity Card/valid Passport
• One coloured passport-size photo for each Applicant
• Copy of Death Certificate (if widow or widower)
• Copy of Divorce Decree Absolute (If a partner had been married before and is divorced)
• A sworn affidavit to confirm marital status in the event the Divorce Decree or the Death Certificate is more than 2 years old
• Copies of Identity Card or Valid Passport for the 2 witnesses
iv. Pay the notice fee
v. After lapse of the 21 days’ notice period, book an appointment to appear for an interview and verification of original documents
vi. Upon successful completion of the interview, pay and book for solemnization of the marriage.

2. Hindu and Christian Marriages

Section 17 of the Marriage Act provides that a Christian marriage is one that is celebrated according to Christian religion.
Section 46 and 47 of the Marriage Act provides that a Hindu Marriage is one that is celebrated according to Hindu rituals.

The process is as follows:

i. Log into e-citizen and select the portal for the Office of the Attorney General
ii. Fill in the application form
iii. Attach the following:
• Copy of National Identity Card, valid Passport or valid Alien Card for Refugees
• One coloured passport-size photo for each Applicant
• Copy of Death Certificate (if widow or widower)
• Copy of Divorce Decree Absolute (If the partner had been married before and divorced)
• A sworn affidavit to confirm marital status in the event the Divorce Decree or the Death Certificate is more than 2 years’ old
• Copy of license for the Minister of Faith
• Provide serial number of the marriage book to be used (to be obtained from the Minister of Faith)
• Wedding invitation card
iv. Pay the notice fee
v. After lapse of 21 days’ notice period, book an appointment to appear for an interview and verification of original documents
vi. Upon successful completion of the interview, pay and book for solemnization of the marriage.

3. Customary marriages

Section 43 of the Marriage Act provides that this is a marriage celebrated according to the customs of the parties. The parties should not be in a civil or Christian marriage.
The parties should notify the registrar within 3 months of completion of the ceremony.

The process is as follows:

i. Log into e-citizen and select the portal for the Office of the Attorney General
ii. Fill in the application form
iii. Attach the following:
• Copy of National Identity card or Passport
• Copies of National Identity Cards of witnesses who were present at the time of the ceremony
• Coloured Passport-size photo -one each
• Letter from the Chief confirming that the customary marriage took place
iv. After submission of the application, the notice is displayed for 14 days
v. After the lapse of 14 days, book an appointment to appear for an interview and verification of original documents
vi. Upon approval, pay fee