Marriage Officers Preparatory Course SAF

Questions and Answer Marriage Officers:

Lesson One:

MARRIAGE ACT No. 25 Of 1961

Note that Only Duly Authorised Marriage Officers may Solemnize a marriage.

Section 2 Of The Marriage Act No 25 Of 1961 (Who Can Marry People)

# A Magistrate

# Assistant Magistrate

# Additional Magistrate

# A Special Justice of the Peace

#A Representative of The Department Of Home Affairs [DHA]

* These are appointed by The Minister Of DHA

* These are Office Bound (Meaning Part of their Duties)

Section 3 Of The Marriage Act No 25 Of 1961 (Who Can Marry People)

# A Duly Authorised Marriage Officer

# Nominated by Your Church Governing Body

# Responsibility of The Church Governing Body

# Accountable as well Answerable to The Church Governing Body

# It is The Church Governing Body That Interact and Liase with DHA on behalf of the

Marriage Officer.

When do you your Marriage Officer Nomination/ Licence lapse ?

* Resignation from the Church

* Retirement

* When M/O are being fined by the church and status as a minister are Revoked

* Death

* Suspension

Are There Any Restriction For A Marriage Officer ?

* There are NO Restrictions...A Marriage Officer can Solemnize a marriage anywhere in the republic of South Africa.

* A Marriage Officer CAN Solemnize A Marriage Abroad [Any Country] ONLY If

Both the couple, are RSA Citizens

* A Marriage are conducted in terms of the Marriage Act No 25 of 1961

Section 12: Of The Marriage Act No 25 Of 1961

These Are the Legal Prerequisites For Marriages

[What is needed if someone wants to get married]

# Please Remember NO Marriage can be Solemnized if The Requirements of this 

SECTION 12

are not being met.

# Both Parties must Produce their ID Documents to The Marriage Officer.

# If, for any valid reason, there are NO ID, a [DHA– 31] Form must be completed [Affidavit]

# Both Parties can complete [DHA – 31] Form

# Only RSA ID Documents must be Accepted

# According to The Population Registration Act No 30 of 1950 [Barcoded ID]

# Foreigners must complete [DHA – 31] Affidvit

# Three (3) Passport Colour Photos of Bride and Groom are required, as well as Two (2)

Competent Witnesses.

Photo Copies of (Where Applicable)

* Death Certificate

* Final Decree of Divorce

* ID Copies of The Couple as well as the witnesses

Foreigners:

* Residential Status in RSA

* Passport.

Marriage by PROXY (Standing In For A Person) are not Allowed in RSA.

Lesson Two 

Section 25: Of Marriage Act 25 Of 1961.....[MINORS]

# No marriage between parties, where one or both are minors, can be legitimately Solemnized.

# A Minor is a person younger than 18 Years.

# Written Consent of both parents are needed.

# A Consent must be in writing [DHA – 32] Form

# In the event of one parent deceased, the surviving parent shall give consent.

# In the case of parents divorced:

* Parent with Sole custody must give consent

* If custody are not stipulated in final decree of divorce, both parents must give consent.

# A Guardian can give consent only if Guardianship was awarded or Step parents.

* Testamentarily – in a Will.

* Or through a Competent Court.

* Stepdad can give consent only by Court Order.

# In the case if no parents/guardians or parents can't be traced...

* The Commissioner of Child Welfare can give consent [DHA- 34] Form

# If one or both parents refuse to give consent, The Judge of the supreme Court can give consent.

# Where the Boy is 16 & younger, The Girl is 15 & Younger Cannot go into a Marriage Contract

without the written approval of the Minister Of Home Affairs.

The Marriage Officer should collect and send the following Docs to the Minister.

a) Application Letter for consent to the marriage (By one parent)

b) Written consent by both parents [DHA – 32] Form of both parties if both are minors.

c) A Medical Certificate in case of Pregnancy

# If A Minor who has been married before, and want to remarry, does not need any consent.

Lesson Three

Section 29: Of Marriage Act 25 Of 1961... Places & Presence At Marriage

# Marriages can Only be Solemnized at a place as prescribed by Section 29 of the marriage Act.

# These are as Follows:

– Church

– Place Used for Religious Gatherings

– Private Dwelling eg. House

– Public Office – where Public have access to eg. Court

– Nursing Institution, where one or both parties suffer from

* Long protracted Illness (Are they mentally stable to be married)

* Bedridden.

# Any marriage being solemnized in any other place than the above will be Invalid.

# The Place of marriage is where the Marriage Register are being signed.

Who Must Be Present At The Marriage?

* Bride & Groom (Parties Getting Married)

* Two Competent witnesses (Older than 18 Years) Both can be men or women.

* Marriage Officer.

% No Representative can Solemnize a marriage.

% Marriage by Proxy are not Allowed.

Section 30: Of Marriage Act 25 Of 1961...MARRIAGE FORMULA

# A Marriage Officer may use the Marriage formula of his church, if approved by DHA

# If no Formula, ask questions as per Section 30 of The Marriage Act.

# “Do you AB declare that as far as you know there are no legal impediments to

your proposed marriage to CD here present and do you call all present to witness

that you take CD as your lawful wedded wife” ?

# The question must be asked separately to both parties.

# Both parties must answer affirmatively.

# Parties can only be declared married after an affirmative reply..

Lesson Four

DIVORCEES

# Final Decree Of Divorce

# Name of court, Date Of Divorce

# At Remarks on the [DHA – 30] Form [Marriage Register]

# Affidavit

* Name of Court

* Date of Divorce

# Judical Separation.

* Seperation from Bed & Board – (This is not a divorce)

# Copies of Final Decree/s of Divorce.

WIDOWS & WIDOWERS

# Death Certificate.

# Name of Deceased, Date of Death.

# Remarks on [DHA – 30] Marriage Register.

# Affidavit

* Name of Deceased.

* Date of Death.

# Copies of Death Certificates.

Lesson Five

PROHIBITED DEGREES OF RELATIONSHIP

# A man may marry the sister or any female relative of his deceased or

divorced wife, except an ancestor (Grandma) or descendant (Ma) of his wife.

# A woman may marry the brother or any male relative of her deceased or

divorced husband, except an ancestor (Grandpa) or descendant (Pa) of

her husband.

OBJECTIONS TO MARRIAGES

# Must be lodge in writing prior to or before the marriage.

# Handed to Marriage Officer prior to the wedding.

# Marriage Officer must Investigate for any grounds.

# Should any grounds be found - do not solemnize the marriage – make notes

# If no grounds found – you continue with solemnizing of the marriage.

# The Marriage officer must make notes of Investigations.

# Keep notes in a safe place for 7 Years – Archive Law.

Lesson Six

BLESSING OF MARRIAGES.

# Any person with or without a responsible position in church can bless a marriage.

# The Blessing of Marriages can take place anytime during the ceremony.

# No documents are being issued for blessing marriages.

ADMINISTERING OF OATHS & AFFIRMATIONS

OATH:

• Right hand must be lifted and open

• I, Blackie Swart, solemnly SWEAR that....

* I am familiar with the contents of this document

* I have no objections in taking the prescribed Oath.

* I see the Oath as binding on my conscience.

So Help Me GOD.

AFFIRMATION:

• Right hand must be lifted and open

• I, Blackie Swart, solemnly AFFIRM that....

* I am familiar with the contents of this document

* I have no objections in taking the prescribed Oath.

* I see the Oath as binding on my conscience.

So Help Me GOD.

CUSTOMARY UNIONS

# DHA – 168

# Partner in a Customary Union with another woman than the

one he wants to marry (lobola).

# Break with that union.

# Notary to do an Inventory.

# False Affidavit = Perjury.

# Non compliance by Marriage Officer.

* 25 Pounds

* 6 months in prison

RESPONSIBILITY TOWARDS DOCUMENTATION.

# Keep all documents in a Safe Place.

# Keep all documents Neat & Tidy.

# Not Transferable.

# Avail in Exceptional Circumstances.

# Order from Dept of Home Affairs.

# Hand in within 3 Days after wedding.

FINES /PUNISHMENT FOR MARRIAGE OFFICERS.

If not complying with the Marriage Act.

1] Between R100 & R400 fine.

2] 12 Months imprisonment.

3] Both prison sentence and fine.

4] Marriage be declared invalid