The Act combines the Civil Marriages Act and the Customary
Marriages Act.
While payment of lobola is not a legal necessity for civil
marriages, it is still required for customary law marriages and must be
ascertained by marriage officers in the registration process.
“Lobola payment is still a requirement under Customary Law
Marriage and the recent Gazetting of the Marriages Act of 2022 did not nullify
that provision,” said Zim Fact.
“Section 16 of the Marriages Act, which deals with the
official registration of a marriage, states that a marriage officer in a
customary law marriage shall put to either of the parties to a proposed
marriage or to the witnesses any questions relevant to the identity or marital
status of the parties to the proposed marriage.
“This means that marriage officers will have to ascertain
whether lobola has been paid before a customary marriage has been registered.
“A civil marriage is monogamous, that is to say, it is the
lawful union of two persons to the exclusion of all others and no person may
contract any other marriage during the subsistence of a marriage under the
general law.
“Whereas a customary law marriage may, subject to the
customary law of the people concerned, be polygamous or potentially
polygamous.” H Metro
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