ZIYAMBI : LOBOLA NOT OUTLAWED

Justice Minister, Ziyambi Ziyambi says the 2022 MarriageAct 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 erstwhilerequirements for a valid civil or registered customary law marriage, save tothe limited extent of placing a complete prohibition on child marriages — thus

“The new Act did not and does not alter the erstwhilerequirements for a valid civil or registered customary law marriage, save tothe limited extent of placing a complete prohibition on child marriages — thusbringing our marriage laws into conformity with Section 78(1)(a) of theConstitution, which prescribes the minimum age of marriage as 18 years. “To this end it is important to point out that the paymentof roora/lobola or marriage consideration remains a requirement for customarylaw marriages.” The new Act provided for three types of legally recognisedmarriages: the civil marriage which was monogamous between one man and onewife; the registered customary law marriage which was polygamous or potentiallypolygamous contracted between adult Africans; and the qualified civil marriagewhich was polygamous or potentially polygamous, in the main catering foradherents of the Islamic faith.

The latter type of marriage is a new inclusionto the country’s marriage laws,” said Ziyambi..