Page 19 - SAReform Book

Summary Research Report 17
issues concerning proof of a valid marriage. Furthermore, if the courts took account of the public nature of the marriage, they could call upon a wider range of witnesses to validate the existence of the marriage.
3.1.8 A mixed bag of normative repertoires
Finally, the study found that, in a society characterised by cultural and legal pluralism such as South Africa, there is always the possibility of the inter- action of the various cultures and different norms whereby people mix the various cultures and legal norms in their intercourses. In this respect, some people combined elements of traditional culture and religion, Christianity and western culture, and state rules and procedures in the conclusion of their marriages. Thus, the normative repertoires regulating marriages at ground- level may be something other than what state legal policy envisages or anticipates. Therefore research into, and monitoring of, how people conduct their marriages is imperative if the state is to realise the objectives of its customary marriage laws. The state should promote rather than hinder such research in any way.
3.2 Registration of a customary marriage
The study found a number of issues concerning the registration of marriages that require attention to improve the system of registration of marriages. A discussion of these issues and recommendations for improvement follow.
3.2.1 Confusion over different types of marriage
There is considerable confusion among married couples and some DHA officials about the differences between customary marriages and civil mar- riages and about the registration process and the legal regulation of both marriages. Most importantly, registering a marriage with the DHA is strongly associated with civil marriages, and civil marriages are thought to provide better legal protection. The findings make a case for questioning whether DHA officials are prioritising the registration of civil marriages at the expense of customary marriage registrations.
The findings also show that officers registering marriages do not distinguish between registering a customary marriage and registering a civil marriage. If the same officer is registering both types of marriage, the possibility of confusion is likely to remain. We suggest that there needs to be a greater distinction made between the two registration processes. There should be separate systems of registration, and separate registers for customary mar- riages and civil marriages. This would avoid confusion for users and staff.
The study also found, albeit only from the perspective of the public, that officers registering customary marriages are unaware of the requirements for registering a customary marriage. We did not get access to the DHA, so we were unable to verify this finding from the perspective of the officers who are registering marriages. However, it is clear that customary marriages are not being registered properly. The registration of customary marriages (and civil marriages) requires staff who are skilled in registering customary marriages,