Justice Minister, Ziyambi Ziyambi says the 2022 Marriage Act does not in any way outlaw lobola. He said that the only major change was the setting of a minimum age of 18.
“The new Act did not and does not alter the erstwhile
requirements for a valid civil or registered customary law marriage, save to
the limited extent of placing a complete prohibition on child marriages — thus
bringing our marriage laws into conformity with Section 78(1)(a) of the
Constitution, which prescribes the minimum age of marriage as 18 years.
“To this end it is important to point out that the payment
of roora/lobola or marriage consideration remains a requirement for customary
law marriages.”
The new Act provided for three types of legally recognised marriages: the civil marriage which was monogamous between one man and one wife; the registered customary law marriage which was polygamous or potentially polygamous contracted between adult Africans; and the qualified civil marriage which was polygamous or potentially polygamous, in the main catering for adherents of the Islamic faith. The latter type of marriage is a new inclusion to the country’s marriage laws,” said Ziyambi.
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