MARRIAGE ACT as amended 2006

DISTRIBUTED BY VERITAS
VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION,
BUT CANNOT TAKE LEGAL RESPONSIBILITY FOR INFORMATION SUPPLIED.

CHAPTER 5:11

MARRIAGE ACT
Acts 81/1964, 6/1967 (s. 15), 35/1967.(s. 32), 20/1968, 42/1971 (s. 5), 37/1972, 21/1973 (s. 66),
41/1978 (s. 4), 17/1979 (s. 7), 29/1981 (s. 59), 15/l982 (s. 3), 18/1989.(s. 37), 22/2001 (s. 4),
23/2004 (s. 282); S.I’s 213/1982, 666/1983.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
MARRIAGE OFFICERS
3. Magistrate to be marriage officer for district.
4. Designation of ministers of religion and other persons as marriage officers.
5. Certain persons may in certain circumstances be deemed to have been marriage officers.
6. Change of name of religious denomination or organization and amalgamation of religious denominations or organi -
zations.
7. Revocation of designation as marriage officer.
PART III
SOLEMNIZATION OF MARRIAGE
8. Unauthorized solemnization of marriage ceremonies forbidden.
9. Publication of banns or notice of intention to marry or issue of marriage licence before marriage.
10. Application for publication and acceptance of banns.
11. How publication of banns of marriage to be made.
12. Certificate of publication of banns.
13. Publication outside Zimbabwe of banns or notice of intention to marry.
14. Notice of intention to marry.
15. Certificate of publication of notice of intention to marry.
16. Marriage licence.
17. Period of validity of banns, notice of intention to marry and marriage licence.
18. Informalities in publication of banns or notice of intention to marry or in issue of marriage licence.
19. Objections to marriage.
20. Marriage of minors.
21. Marriage of minors without consent voidable but not void.
22. Prohibition of marriage of persons under certain ages.
23. Proof of age of parties to proposed marriage.
24. Legality of marriages between persons within certain degrees of affinity or consanguinity.
25. Time and place for, and presence of parties and witnesses at, solemnization of marriage.
26. Marriage formula.
27. Certain marriage officers may refuse to solemnize certain marriages.
28. Payments to marriage officers.
29. Blessing of a marriage.
PART IV
REGISTRATION OF MARRIAGES
30. Registrar of Marriages.
31. Register of marriages.
32. Registration of marriages by Registrar.
33. Correction of errors.
PART V
OFFENCES AND PENALTIES
34. Penalty for failure to comply with section 31.
35. Penalties for solemnizing marriage contrary to this Act and for false representation or statement.

269 [Chapter 5:11]

ss 1–8 MARRIAGE ACT

PART VI
MISCELLANEOUS
36. Regulations.
37. Savings.

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 MARRIAGE ACT as amended 2006

AN ACT to consolidate and amend the laws relating to the solemnization of marriages and matters incidental
thereto.

[Date of commencement: 1st March, 1965.]

PART I deemed to have been a marriage officer during such pe -

PRELIMINARY riod under this Act or a prior law, as the case may be.
1 Short title (2) Any marriage solemnized during such period by any
person who is in terms of a direction under subsection (1)
This Act may be cited as the Marriage Act [Chapter deemed to have been a marriage officer in respect thereof,
5:11]. shall, if such marriage was in every other respect solem-
2 Interpretation nized in accordance with this Act or a prior law, as the case
In this Act— may be, and there was no lawful impediment thereto, be as
“magistrate” means any magistrate appointed in terms valid and binding as it would have been if such person had
of the Magistrates Court Act [Chapter 7:10]; been a marriage officer in respect of such period.
“marriage” means a marriage under this Act; (3) Nothing in subsection (1) contained shall be con-
“marriage licence” means a licence to marry issued in strued as relieving any person, in respect of whom a direc-
terms of section sixteen; tion has been issued thereunder, from the liability to prose-
“marriage officer” means any person who is a marriage cution for any offence committed by him.
officer by virtue of this Act; 6 Change of name of religious denomination or
“Minister” means the Minister of Justice, Legal and Par- organization and amalgamation of religious
liamentary Affairs or any other Minister to whom the Presi- denominations or organizations
dent may, from time to time, assign the administration of (1) A change in the name of a religious denomination or
this Act; organization or the amalgamation of a religious denomina-
“minister of religion” means a person designated and tion or organization with any other religious denomination
registered as a marriage officer in terms of section four; or organization shall not affect the designation as a mar-
“prior law” means the Marriage Act [Chapter 177 of riage officer of any person who was so designated by virtue
1963] or the Validation of Marriages Act [Chapter 180 of of his occupying any post or holding any position in any
1963]; such religious denomination or organization.
“Registrar” means the Registrar of Marriages referred (2) If a religious denomination or organization in such
to in section thirty. circumstances as are contemplated in subsection (1)
changes the name whereby it was known or amalgamates
PART II with any other religious denomination or organization, it
MARRIAGE OFFICERS shall immediately inform the Minister thereof.
3 Magistrate to be marriage officer for district 7 Revocation of designation as marriage officer
Every magistrate shall, by virtue of his office and so long (1) The Minister may, on the ground of misconduct or
as he holds such office, be a marriage officer for the district for any other good cause, and where possible after consul-
in which he holds office. tation with the authority governing the religious denomina-
4 Designation of ministers of religion and other tion or organization concerned, revoke in writing the desig-
persons as marriage officers nation of any person as a marriage officer.
(1) The Minister may, at the request of the authority (2) Where a minister of religion severs his connection
governing any religious denomination or organization, des- with any religious denomination or organization in respect
ignate any person holding a responsible position in any of which he was appointed a marriage officer, he shall
such religious denomination or organization to be a mar- forthwith cease to be a marriage officer.
riage officer for the purpose of solemnizing marriages ac-
cording to Christian, Jewish, Islamic or Hindoo rites or the PART III
rites of any religion, and such person shall, for the purposes
of this Act, be known as a minister of religion. SOLEMNIZATION OF MARRIAGE
(2) The Registrar shall keep a register in the prescribed 8 Unauthorized solemnization of marriage
manner of all persons designated by the Minister in terms ceremonies forbidden
of subsection (1) as marriage officers. (1) A marriage may be solemnized by a marriage officer
5 Certain persons may in certain circumstances only.
be deemed to have been marriage officers (2) Any person, not being a marriage officer, who pur-
(1) Whenever any person has acted as a marriage officer ports to solemnize a marriage shall be guilty of an offence
during any period in respect of which he was not a marriage and liable to a fine not exceeding level seven or to impris-
officer under this Act or a prior law, and the Minister is sat - onment for a period not exceeding two years or to both
isfied that such person did so in the bona fide belief that he such fine and such imprisonment.
was a marriage officer during that period, he may direct in
writing that such person shall for all purposes be

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9 Publication of banns or notice of intention to solemnization of the marriage, in a conspicuous place in or

marry or issue of marriage licence before in the immediate vicinity of the ordinary place of
marriage worship of the congregation concerned.
(1) Subject to subsection (2), no marriage officer shall (3) If the principal public divine service of a denomina-
solemnize any marriage unless in respect thereof and in tion or organization is held weekly on a day other than a
terms of this Act or a prior law— Sunday, publication of banns in terms of paragraph (a) of
(a) each of the parties has caused banns of marriage to subsection (2) may be made during such a service on such
be published; or day instead of on a Sunday.
(b) each of the parties has caused a notice of intention to 12 Certificate of publication of banns
marry to be published; or
(c) one of the parties has caused banns of marriage to be (1) Subject to section nineteen, a minister of religion
published and other has caused a notice of intention shall, on the application of either of the persons desiring to
to marry to be published; or marry and after banns of marriage have been published in
(d) a marriage licence has been issued. terms of section eleven, issue to such person or persons a
certificate to the effect that the banns have been so pub-
(2) A party to a proposed marriage within Zimbabwe lished.
may, if the law of the country in which he is ordinarily resi -
dent does not require the publication of banns of marriage (2) A certificate in terms of subsection (1) shall state the
or of notice of intention to marry, lodge with the marriage full names, age, condition and residential address of each of
officer concerned a certificate issued by an appropriate au - the parties concerned and the dates on which or period dur-
thority in that country to the effect that there is no impedi - ing which publication of the banns was made, and may con-
ment to the proposed marriage, and such certificate shall be tain such further particulars as such minister of religion
accepted by the marriage officer in lieu of a certificate or may think fit.
notice of intention to marry if the marriage officer is satis - 13 Publication outside Zimbabwe of banns or
fied that publication of such banns or notice of intention is notice of intention to marry
not required by the laws of that country. (1) Banns of marriage or a notice of intention to marry,
10 Application for publication and acceptance of as the case may be, published in a country outside Zim-
banns babwe shall, for the purposes of this Act, be regarded as
(1) Any party who desires to cause banns of marriage to having been published in Zimbabwe, but a marriage officer
be published shall deliver or cause to be delivered to any shall not solemnize any marriage in pursuance thereof un-
minister of religion at least two days prior to the intended less there is produced to him proof that publication of such
publication or at any time prior to such publication, which banns or such notice, as the case may be, was duly made
such minister of religion may in his discretion allow, a writ- according to the law of such country.
ten application to publish such banns: (2) Section seventeen shall apply, mutatis mutandis, with
Provided that no such application to publish such banns reference to any banns or notice referred to in subsection
shall be accepted by a minister of religion unless the party (1).
concerned has resided in the area in which such minister of 14 Notice of intention to marry
religion holds office for a period of at least fourteen days (1) Any party who desires the publication of a notice of
immediately preceding the date of the receipt of such appli- intention to marry shall apply in the manner prescribed to a
cation. magistrate to publish such notice.
(2) An application referred to in subsection (1) shall— (2) An application in terms of subsection (1) shall—
(a) state the full names, age, condition and residential (a) state the full names, age, condition and residential
address of each of the parties; and address of each of the parties; and
(b) bear the signature of each of the parties and be dated (b) bear the signature of each of the parties and be dated
by either of them. by either of them.
(3) Nothing in this Act contained shall be construed as (3) If the magistrate to whom such application is made is
compelling any minister of religion to accept and publish satisfied that the applicant has resided in the district in re -
any banns of marriage. spect of which the magistrate holds office, for a period of at
11 How publication of banns of marriage to be least fourteen days immediately preceding the date of the
made receipt of the application, he shall publish such notice by
(1) Any minister of religion or any person authorized by posting it in a conspicuous place in or in the immediate
the authority governing the religious denomination or orga- vicinity of his office for a continuous period of fifteen
nization concerned may publish banns of marriage. days.
(2) Such banns of marriage shall specify the full names (4) If only one of the parties concerned has so resided in
and residential address of each of the persons to be married such district it shall, for the purposes of section nine, be
and publication thereof shall, subject to subsection (3), be deemed that only such party caused such notice to be pub-
made either— lished.
(a) in an audible manner, some time during public di- (5) Every notice referred to in subsection (3) shall state
vine service, on three Sundays preceding the solem- the full names, condition and residential address of each of
nization of the marriage, in the face of the congrega- the parties desiring to marry.
tion before whom such minister of religion or other 15 Certificate of publication of notice of intention
authorized person officiates; or to marry
(b) by posting the banns, for an unbroken period cover-
ing three successive Sundays preceding the (1) Subject to section nineteen, any magistrate who has
in terms of section fourteen published a notice of intention
to marry shall, on the application of either of the persons
desiring to marry and on payment to him of the prescribed
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fee, if any, issue to such person a certificate to the effect 19 Objections to marriage
that such notice was so published. (1) Any person desiring to raise any objection to any
(2) A certificate in terms of subsection (1) shall state the proposed marriage shall lodge such objection in writing
full names, age, condition and residential address of each of with—
the parties as well as the period during which such notice (a) the person who makes publication of the relevant
was published. banns of marriage or notice of intention to marry:
16 Marriage licence Provided that, in the case of banns published in
terms of paragraph (a) of subsection (2) of section
(1) Parties desiring to marry without the publication of eleven, any person desiring to raise any objection
banns or notice of intention to marry may personally apply may do so orally, and such objector shall, if so re-
to a magistrate for a licence to marry without the publica - quired by the person making the publication, confirm
tion of banns or notice to marry. such objection in writing; or
(2) The magistrate to whom an application in terms of (b) the magistrate who issues a marriage licence in re-
subsection (1) is made shall require each of the parties to spect of such proposed marriage; or
furnish him with their full names, age, condition and resi- (c) the marriage officer who is to solemnize such mar-
dential address and may put to each of them such questions riage.
as he may deem necessary to determine whether any lawful (2) If any such objection is brought to the notice of—
impediment exists to the proposed marriage. (a) the marriage officer who—
(3) If the magistrate to whom an application in terms of (i) is required to issue a certificate in terms of sec-
subsection (1) is made is not satisfied that the proposed tion twelve or fifteen; or
marriage may be legally solemnized, he shall, in order to (ii) is to solemnize the marriage; or
determine whether there is any lawful impediment to the (b) the magistrate who has issued a marriage licence in
marriage, interrogate each of the parties, demand the pro- terms of section sixteen;
duction of relevant documents and institute such other in - such marriage officer or magistrate, as the case may be,
quiries as he may think necessary. shall inquire into the ground of objection and, if satisfied
(4) For the purpose of any interrogation in terms of sub- that there is no lawful impediment to the proposed
section (3), the magistrate may administer an oath to each marriage, such marriage officer may issue the relevant
such party. certificate or solemnize the marriage, as the case may be,
(5) If the magistrate is satisfied, whether or not after any and such magistrate need take no further action.
interrogation and inquiries in terms of this section, that (3) If such marriage officer or magistrate is not satisfied
there is no lawful impediment to the proposed marriage, he in terms of subsection (2), he shall refuse to issue the rele-
shall, upon completion by each of the parties of a solemn vant certificate or solemnize the marriage, as the case may
declaration to the effect that there is no lawful impediment be, and such magistrate shall take steps to cancel the mar-
to the proposed marriage and upon payment of the pre- riage licence.
scribed fee, if any, issue to them a marriage licence in the
prescribed form. 20 Marriage of minors
(6) If the magistrate is not satisfied in terms of subsec- (1) For the purposes of this section and section twenty-
tion (5), he shall refuse to issue a marriage licence. one—
“legal guardian” includes the mother of a minor where
17 Period of validity of banns, notice of intention to she and the father of such minor—
marry and marriage licence (a) are living together lawfully as husband and wife; or
(1) Unless a marriage is solemnized in pursuance of (b) are divorced or are living apart and the sole
banns of marriage or notice of intention to marry published, guardianship of such minor has not been granted to
or a marriage licence issued, under this Act within three either of them by order of the High Court or a judge
months of the first date of publication of such banns or no- thereof.
tice or the date of issue of such licence, such banns or no - (2) The marriage of a minor shall not be solemnized
tice or licence, as the case may be, shall lapse and no mar - without the consent in writing of the persons who are, at the
riage shall be solemnized in pursuance thereof. time of the proposed marriage, the legal guardians of such
(2) No person shall be entitled to a refund of any fee minor or, where a minor has only one legal guardian, with -
paid in respect of a certificate. or licence which has lapsed out the consent in writing of such legal guardian:
by virtue of subsection (1). Provided that—
18 Informalities in publication of banns or notice of (i) if the consent of any legal guardian cannot be ob-
intention to marry or in issue of marriage tained by reason of absence or inaccessibility or by
licence reason of his being under any disability, a judge of
Where in the case of any marriage solemnized after the the High Court may grant consent to the marriage,
1st March, 1965, the provisions of this Act relating to the and the consent of the judge so given shall have the
publication of banns or notice of intention to marry or to same effect as if it had been given by the legal
the issue of a marriage licence, or the applicable provisions guardian whose consent cannot be obtained;
of any law of a country outside Zimbabwe relating to the (ii) if any legal guardian refuses his consent, a judge of
publication of banns or notice of intention to marry, have the High Court may grant consent to the marriage,
not been strictly complied with by reason of an error, omis - and the consent of the judge so given shall have the
sion or oversight on the part of any person respons-ible for same effect as if it had been given by the legal
such publication or such issue, that marriage shall, if there guardian whose consent is refused.
was no other lawful impediment thereto, be as valid as it (3) Where the marriage of a minor is intended to be sol-
would have been if those provisions had been strictly com- emnized after the publication of banns or after the publica -
plied with. tion of a notice of intention to marry, then, if any

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legal guardian whose consent to the marriage is required which debars him or her from contracting a valid mar-
under this section forbids the marriage and gives notice riage, he shall refuse to solemnize a marriage between them
thereof to the marriage officer before he solemnizes the unless he is furnished, to his satisfaction, with proof of age
same, the publication of banns or of any notice of intention of the party concerned and with such other requirement as
to marry shall be void unless the consent of a judge of the may be necessary under section twenty or twenty-two.
High Court to the marriage is granted.
24 Legality of marriages between persons within
(4) This section shall not apply to a person who is under certain degrees of affinity or consanguinity
the age of eighteen years and who previously contracted a
valid marriage which has been dissolved by death or di- (1) For the avoidance of doubt it is declared that, on and
vorce. after the date of commencement of the Criminal Law Code
—
21 Marriage of minors without consent voidable (a) no persons who are related to each other in any de-
but not void gree of relationship specified in subsection (2) of
(1) Where a marriage of a minor which requires the con- section 75 of the Criminal Law Code shall be capa-
sent of his legal guardian or legal guardians or the consent ble of contracting a valid marriage, unless, in the
of a judge under section twenty is contracted without such case of persons who are related to each other as first
consent, the marriage shall not by reason of that fact be or second cousins, they satisfy the marriage officer
void, but may be set aside and declared to be void by the that they belong to a community referred to in sub-
High Court in its discretion if his legal guardian or legal section (3) of section 75 of the Criminal Law Code;
guardians, whose consent was required but not obtained, (b) persons who are related to each other by affinity
makes application therefor within a period of six weeks, shall be capable of contracting a valid marriage if the
calculated from the date on which he or they first had no- affinity relationship between them is not one de-
tice of such marriage, or within such further period as the scribed in paragraph (b) or (j) of subsection (2) of
court may allow: section 75 of the Criminal Law Code.
Provided that no such application shall be made against (2) If, on or after the date of commencement of the
the wishes of the minor if, since the date of the marriage, he Criminal Law Code, a marriage is contracted or purports to
has attained the age of eighteen years. be contracted between parties who are related to each other
(2) Where the marriage of a minor which requires the as first or second cousins without belonging to a commu-
consent of his legal guardian or legal guardians or the con - nity referred to in subsection (3) of section 75 of the Crimi-
sent of a judge under section twenty is contracted without nal Law Code, and at the time of the solemnisation of the
such consent and is not set aside in terms of subsection (1), marriage—
the marriage shall have effect in all respects as if it were a (a) the parties knew or realised that there was a real risk
marriage contracted between persons both of whom were of or possibility that they were related to each other as
full age. first or second cousins, such marriage shall be void;
(b) one of the parties knew or realised that there was a
22 Prohibition of marriage of persons under certain real risk or possibility that they were related to each
ages other as first or second cousins, such marriage shall
(1) No boy under the age of eighteen years and no girl be voidable at the instance of the party who was not
under the age of sixteen years shall be capable of contract - so aware within twelve months from the time when
ing a valid marriage except with the written permission of he or she became so aware;
the Minister, which he may grant in any particular case in (c) the parties did not know or realise that there was a
which he considers such marriage desirable: real risk or possibility that they were related to each
Provided that— other as first or second cousins, such marriage shall
(i) such permission shall not relieve the parties to the not be void or voidable.
proposed marriage from the obligation to comply (3) For the avoidance of doubt it is declared that a mar-
with all other requirements of this Act; riage between persons who are related to each other as first
(ii) such permission shall not be necessary if by reason or second cousins shall not be void or voidable if such mar -
of any such other requirement the consent of a judge riage was contracted before the date of commencement of
is necessary and has been granted. the Criminal Law Code.
(2) If any person referred to in subsection (1) who was 25 Time and place for, and presence of parties and
not capable of contracting a valid marriage without the witnesses at, solemnization of marriage
written permission of the Minister in terms of this Act, con-
tracted a marriage without such permission and the Minister (1) A marriage may be solemnized at any time.
considers such marriage to be desirable and in the interests (2) A marriage officer shall solemnize any marriage in a
of the parties concerned, he may, if such marriage was in church or other building used for religious service, or in a
every other respect solemnized in accordance with this Act public office or private dwelling-house or other place ap-
and there was no other lawful impediment thereto, direct in proved by such marriage officer, in the presence of the par-
writing that it shall for all purposes be a valid marriage. ties themselves and at least two witnesses of or above the
(3) If the Minister so directs, it shall be deemed that he age of eighteen years.
granted written permission to such marriage prior to the (3) No person shall, under this Act, be capable of con-
solemnization thereof. tracting a valid marriage through any other person acting as
his representative.
23 Proof of age of parties to proposed marriage
If parties appear before a marriage officer for the pur- 26 Marriage formula
pose of contracting a marriage with each other and such In solemnizing any marriage the marriage officer, if he is
marriage officer suspects that either of them is of an age a minister of religion, may follow the rites usually observed
by his religious denomination or organization, but if he is
any other marriage officer he shall cause each of the parties
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 MARRIAGE ACT as amended 2006

in some part of the proceedings to make the following dec- and each of the duplicate original registers of such entry
laration— shall be signed and attested by the same persons.
“I do solemnly declare that I know not of any lawful im- (4) One duplicate original register of the entry shall be
pediment why, I, A.B., may not be joined in matrimony delivered to the parties and the other shall, as soon as possi-
to C.D., here present.” ble but not later than thirty days after the date of the mar-
and each of the parties shall say to the other— riage, be transmitted to the Registrar, together with any
“I call upon these persons here present to witness that I, declaration, proof of consent, certificate or other document
A.B., do take C.D. to be my lawful wedded wife (or hus- required by this Act or any other law to be delivered to the
band).”. marriage officer in respect of the marriage.
27 Certain marriage officers may refuse to (5) Every marriage officer shall at all reasonable times,
solemnize certain marriages upon payment of the prescribed fee, if any, allow searches
Nothing contained in this Act shall be construed as com- to be made in the marriage register books in his custody.
pelling a marriage officer who is— 32 Registration of marriages by Registrar
(a) a minister of religion, to solemnize a marriage which (1) The Registrar shall file in his office all duplicate
would not conform to the rites or discipline of his re - original registers and other documents transmitted to him in
ligious denomination or organization; or terms of this Act and shall forthwith register, in a book to
(b) a magistrate, to solemnize a marriage outside the or- be kept in his office for that purpose and to be called the
dinary hours of attendance observed at offices of the Marriage Registration Book, such particulars as may be
State. prescribed of every duplicate original register filed by him.
28 Payments to marriage officers (2) Upon payment of the prescribed fee, the Registrar
(1) It shall not be lawful for any marriage officer, other shall—
than a minister of religion, to demand or receive any gift or (a) on application made in writing, cause a search to be
reward for or by reason of anything done or to be done by made in the Marriage Registration Book and of du-
him as a marriage officer in terms of this Act. plicate original registers filed by him;
(2) A marriage officer, other than a magistrate, may re- (b) subject to subsection (3), issue certified copies of a
ceive such remuneration ordinarily paid to a minister of re- duplicate original register filed by him.
ligion in terms of the rules and regulations of his religious (3) The Registrar may—
denomination or organization for or by reason of anything (a) refuse to issue a certified copy of any duplicate orig-
done or to be done by him in terms of this Act. inal register referred to in paragraph (b) of subsec-
tion (2) where he is not satisfied that such copy is
29 Blessing of a marriage being required for a purpose which, in his opinion, is
Nothing in this Part shall be construed as precluding a a lawful or proper one or for any other reason;
minister of religion or a person holding a responsible posi- (b) issue a limited number only of certified copies of any
tion in a religious denomination or organization from— duplicate original register referred to in paragraph
(a) blessing, according to the rites of his religious de- (b) of subsection (2) to any one applicant therefor.
nomination or organization, any marriage contracted
within Zimbabwe in accordance with this Act or out- 33 Correction of errors
side Zimbabwe; or (1) The Registrar may correct any clerical error or error
(b) making such entries and issuing such documents as of fact or substance in any duplicate original register filed
may be required by rules or regulations made by his in his office or in possession of the parties to the marriage
religious denomination or organization in connection if there is produced to him such evidence as he may re-
with the religious blessing of marriages, if such entry quire, stating the nature of the error and the true facts of the
or document does not purport to have been made or matter, and he is satisfied that an error has been made.
issued in terms of this Act. (2) If the Registrar makes any correction in terms of
subsection (1), he shall direct the marriage officer having
PART IV the custody of the marriage register book in which the mar-
REGISTRATION OF MARRIAGES riage in question is entered to make a like correction to the
30 Registrar of Marriages entry in that book.
For the purpose of performing the functions assigned to PART V
him by this Act, there shall be a Registrar of Marriages OFFENCES AND PENALTIES
whose office shall be a public office and shall form part of
the Public Service. 34 Penalty for failure to comply with section 31
31 Register of marriages Any marriage officer who knowingly fails to comply
with section thirty-one shall be guilty of an offence and li-
(1) Immediately after the solemnization of a marriage, able to a fine not exceeding level five or to imprisonment
the marriage officer shall make an entry thereof in the mar- for a period not exceeding six months or to both such fine
riage register book to be kept for that purpose and shall and such imprisonment.
complete two duplicate original registers of that entry, in -
serting therein the same particulars as appear in the entry. 35 Penalties for solemnizing marriage contrary to
(2) Every such marriage register book and the duplicate this Act and for false representation or
originals thereof shall be in the form prescribed and every statement
entry therein shall include all the particulars required by Any marriage officer who knowingly solemnizes a mar-
that form. riage in contravention of this Act or any person who makes,
(3) Every such entry shall be signed by the marriage of- for any of the purposes of this Act, any false representation
ficer and by the parties married and shall be attested by at or false statement knowing it to be false, shall be guilty of
least two witnesses of or above the age of eighteen years an offence and liable to a fine not exceeding level ten or to

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imprisonment for a period not exceeding five years or to (b) the form and content of certificates, notices, affi-
both such fine and such imprisonment. davits, declarations, marriage register books and the
Marriage Registration Book for the purposes of this
Act;
PART VI (c) the custody and disposal of marriage register books;
MISCELLANEOUS (d) the fees payable for any certificate issued or any
36 Regulations other act performed in terms of this Act.
(1) The Minister may make such regulations as he may 37 Savings
think necessary for carrying into effect the purposes of this Any marriage which is validated by or is valid in terms
Act. of a prior law shall not be affected by the repeal of that law
(2) Regulations made in terms of subsection (1) may and anything done under any provision of that law shall be
provide for— deemed to have been done under the corresponding provi-
(a) prescribing anything which in terms of this Act is to sion of this Act, if any.
be prescribed;

NOTE ON AMENDMENTS SINCE

PUBLICATION OF 1996 REVISED EDITION

The Act has been amended twice since the publication of

the Revised Edition in mid-1996, by
 the Criminal Penalties Amendment Act, 2001 (No.
22 of 2001) (s. 4) with effect from 20th May,
2002 (penalties for criminal offences amended in
ss. 8, 34 and 35)
 the Criminal Law (Codification and Reform) Act
[Chapter 9:23] (No. 23 of 2004) with effect from
1st July, 2006. (s. 24 substituted)

All the amendments are reflected in this document.

Veritas, 1st December, 2006.

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