Home Affairs Urges Regularisation of Customary Marriages by August 2026

The Department of Home Affairs (DHA) has urged couples in unregistered customary marriages to regularise their unions before a looming deadline of 31 August 2026, as announced by Deputy Director-General of Operations Thulani Mavuso. This call comes as the DHA expresses concern over the significant legal difficulties arising from unregistered customary marriages, particularly concerning matrimonial property and the administration of deceased estates. The deadline, gazetted by Home Affairs Minister Leon Schrieber in September 2024, provides an extended window for the registration of customary marriages, encompassing those concluded both before and after the commencement of the Recognition of Customary Marriages Act of 1998, as well as later unions whose statutory three-month registration period has elapsed.

This extended deadline is profoundly significant for thousands of South African couples and their families, offering a critical opportunity to secure the legal recognition and protection of their customary marriages. Failure to register can lead to severe legal complications, particularly in matters of inheritance, property rights, and spousal support, often leaving surviving spouses, especially women, vulnerable to disputes and financial hardship upon the death of a partner. For legal practitioners, this presents a crucial window to assist clients in formalising their unions, thereby preventing future litigation, ensuring equitable outcomes in family law and deceased estate matters, and upholding the dignity and legal standing of customary marriages within the broader South African legal framework.

The core legal framework for this initiative is the Recognition of Customary Marriages Act 120 of 1998, which came into effect on 15 November 2000. This Act legally recognises customary marriages, whether concluded before or after its commencement, and mandates their registration. While the Act typically requires registration within three months for marriages concluded post-commencement, it also grants the Minister of Home Affairs the power to prescribe a longer registration period, which Minister Schrieber has exercised. This provision is vital for addressing historical non-compliance and ensuring that the legal protections afforded by the Act, particularly regarding matrimonial property and inheritance, are accessible to all customary spouses. The Department of Home Affairs is the primary administrative body responsible for facilitating these registrations.

Key parties involved include the Department of Home Affairs (DHA), Deputy Director-General of Operations Thulani Mavuso, Home Affairs Minister Leon Schrieber, and the numerous couples in South Africa whose customary marriages remain unregistered.

Attorneys specialising in family law, deceased estates, and property law must proactively inform their clients about this critical 31 August 2026 deadline. They should advise couples in unregistered customary marriages on the process of regularisation, the necessary documentation, and the profound legal benefits of registration, particularly concerning inheritance rights, matrimonial property regimes, and spousal protection. Practitioners should also be prepared to assist with complex cases where one spouse may be deceased or where family disputes over the existence of a customary marriage have already arisen, leveraging this extended period to resolve outstanding issues and secure legal certainty for their clients.