The answer is Yes.
In terms of the Recognition of Customary Marriages Act, customary marriages can be registered posthumously in South Africa. A surviving spouse can register a customary marriage even after the death of their partner, provided the marriage was valid under customary law.
The surviving spouse must, among other things, provide evidence that a valid customary marriage existed, such as proof of lobola or lobola agreement, traditional wedding ceremonies, witness statements or affidavits from elders, and photographs.
The surviving spouse often approaches the High Court to register the customary marriage when she or he want to secure legal rights, including inheritance, pension benefits, insurance policies, and other spousal rights as may be necessary. It is the High Court that has the power to grant such an order.
Besides the interested parties, such as the deceased spouse’s family, the party bringing this application must cite the Minister and the Director-General of Home Affairs as respondents.
It is advisable that a person wanting to register the customary marriage posthumously by order of the High Court obtain the services or assistance of an attorney who knows how such a court application is drafted and moved before a Judge to save time and inconvenience.
Zungu Incorporated, as a specialist in matrimonial matters, is ready to guide you through the legal process.
Contact us today for expert legal assistance.
Disclaimer: This article is for informational purposes only and in no way should it be construed as legal advice. Please consult our offices for full and proper guidance regarding your case. We are available at nqobil@zunguincorporated.co.za or support@zunguincorporated.co.za.co.za or call 079 039 7476 /060 9161929
