Section 1 (b) of the Customary Marriage (Registration) Act, defines a customary marriage as a marriage celebrated according to the rites of an African community and one of the parties to which is a member of that community, or any marriage celebrated under part III of this Act.
This is a marriage, which is celebrated in accordance to the customs of the parties to a marriage, as recognized by the African community where the parties originate.
Capacity to marry or who can marry
· According to the Constitution, under Article 31 (1), any person above the age of 18 years can marry.
· Under customary marriage, a person (female party) aged 16 years can get married but with the consent of both parents (S. 11 (a) and 32). And in all other marriages consent of parents is very necessary, but no one has the right to force another into marriage without that person’s consent. This however is in conflict with the constitution which sets the age of marriage in all instances at 18 years. Because of this the constitution takes precedence over any other law.
Any person who enters into any marriage arrangement with a person under the age of 18 years commits an offence of defilement and that person including those facilitating the process are heavily punished with imprisonment, which may include sentence to suffer death or life imprisonment.
Requirements under customary marriage
· This involves agreement and celebration of the marriage and in most cases a man is free/allowed to marry more than one wife.
· The man has to pay full bride price to the woman’s family.
When customary marriage is considered valid under the law
Section 11
If the man is introduced to the woman’s family and the marriage ceremony is celebrated complete
If the parties intending are not within the prohibited degrees of consanguinity/relationship
If the parties have attained the age of 18 years
Upon payment of full bride price
Upon consummation of the marriage
If the parties to the marriage are of sound mind
Both parties must not have previously contracted a monogamous marriage, which is still subsisting
The marriage must be registered with the marriage registrar upon completion of the ceremonies however non-registration of it does not invalidate the marriage. (S. 6)
What happens during a customary marriage ceremony?
The marriage can be celebrated in any part of the country according to the rites/customs of the African community and one of the parties to which is a member of that community. However, these formalities in most cases depend on the cultural practice of the woman being married off.
The marriage then can be registered at the Sub County Headquarters were the Sub County Chief acts as Registrar of marriages within a period of 6 months from the date such ceremony was held (S. 20). However non-registration does not invalidate the marriage provided all the necessary customary requirements were met.
Registration of customary marriages
Sections 4 – 10
Every sub county has the authority to register customary marriages and every sub county chief shall be the registrar
Two people who were present at the celebration of the marriage must witness the registration of the customary marriage
A certificate of a customary marriage issued shall be conclusive evidence of the marriage (S. 7)
It’s a requirement to have a marriage by custom registered. (S. 6)
Customary Marriage Still Most Common Marriage in Uganda
Customary marriage is still the most popular and common form of marriage in Uganda. Anthony Oyuku Ojok, a former Assistant Registrar at the Uganda Registration Services Bureau, says many Ugandans opt for customary marriage over civil or religious ceremonies. He reasons that this is because customary marriage is recognized across different cultures, it is cheap and its dissolution is negotiable. However customary marriages are only recognized by law if they are registered. Ojok says the Customary Marriage (Registration) Act requires that customary marriages are registered within six months of their occurrence before they are recognized. A couple seeking a certificate must produce witnesses to the customary marriage, letters of parental consent and passport photographs. Anthony Ojok says the Uganda Registration Services Bureau is currently empowered to register all marriages, religious or civil, monogamous or polygamous. This process is updated in the Marriage and Divorce Bill that is currently before Parliament. The Bill intends to centralize the numerous marriage laws like the Mohammedan Act and the Marriage Act, to provide a unified legislative guideline for marriage and its dissolution. The wide range of marriages and laws handled by the Uganda Registration Services Bureau means that it does not have a centralized list of all the marriages that have taken place in Uganda. Ojok says all districts are expected to file monthly reports to the Uganda Registration Services Bureau of the number of people issued with certificates (S.15). He says this list has not been compiled because there is no money for the process.
CUSTOMARY MARRIAGE IN UGANDA: DO I HAVE TO FOLLOW IT UP WITH A RELIGIOUS MARRIAGE?
Recently, Dennis got “kwanjulad” to Diana. After the Kwanjula, Diana’s relatives asked that the marriage be carried out in church in order for it to be a full full marriage.
Dennis is now wondering that, iiiyiii. He was told a kwanjula is equivalent to a customary marriage. Now he’s wondering, “Is my marriage lawful unless I follow it up with a church marriage?”
Is it a must to follow up a customary marriage with a church marriage for it to be lawful?
Customary marriage is the most popular and common form of marriage in Uganda. Quite a number of people reason that a customary marriage is recognized across Uganda’s diverse cultures.
Where the couple are from different religions (which may result into squabbles regarding what type of marriage to go ahead with), customary marriage is often the most sought solution.
The religious marriages recognized in Uganda are; Church Marriage amongst the Christians, Mohammedan marriage amongst the Muslims and the Hindu Marriages predominantly amongst the Hindu.
WHAT IS A CUSTOMARY MARRIAGE?
According to the laws of Uganda, a “customary marriage” is a marriage celebrated according to the rites of an African community and one of the parties to which is a member of that community. It should be noted that customary marriages are potentially polygamous.
Parties to a customary marriage have to register it with the Registrar of Marriages at the Uganda Registration Service Bureau (URSB) while at District level the registration is done by the office of the CAO (Chief Administrative Officer). The registration should be done as soon as is possible, but in any event not less than 6 months after completion of the marriage ceremonies. Non registration of the marriage within the 6 months does not invalidate it but may attract a penalty for fee for out of time (late) registration. Couples seeking a certificate must produce witnesses, letters of parental consent and passport photographs before they can be issued one.
WHAT DOES THE LAW SAY ABOUT CUSTOMARY MARRIAGES AND RELIGIOUS MARRIAGES?
Almost every weekend, there’s a traditional marriage ceremony to attend (we even watch them on t.v) and after that you get an invitation to the religious marriage of the same couple.
Does this mean that one has to always follow up a cultural marriage with a religious marriage?
The answer is NO.
In Uganda, cultural marriages are on their own considered to be valid and are therefore recognized alongside the other marriages. One does not have to have a religious marriage if they do not want to or if they cannot afford to have two different marriage ceremonies.
However, this does not stop anyone from enjoying two wedding ceremonies.
Ugandans not registering their customary marriages; By Carol Kasujja, 15th September 2016, Saturday Vision
Marriage registration is continuous, permanent, compulsory and universal
70% of couples under the age of 40 have not registered their customary marriages with the Uganda Registration service Bureau (URSB). This means that their marriages are not known by the state.
“A certificate issued by cultural offices has no evidential value until the respective marriage is properly filed with the registrar of marriages,” said Charles Nsimbi, a civil registration manager at URSB.
Nsimbi noted that registration of customary marriages is effected by the Sub County chief or Town Clerk of the area where it took place and a customary carriage certificate duly signed and issued by the Sub County chief or Town Clerk. This certificate, however, must then be registered with URSB.
The Customary Marriage (registration) Act, which was introduced in 1973, requires that parties to a customary marriage register their marriage with the Uganda Registration Services Bureau (or its agents, i.e., the Chief Administrative Officers at the district level). Such registration must take place within six months of the marriage ceremony and failure to register is an offence under the Act.
The Bureau is calling upon the public to register their marriages and do not just stop at splashing money on Kwanjulas.
Asked why people do not register their marriages, Elizabeth Masaba, a marriage counselor said that it is ignorance that stops many from registering their marriages.
“The bureau should do more work in sensitizing people about the benefits of legalizing their marriages. Most women think after Kwanjula, that is the end,” says Masaba.
Edith Mukisa, a counselor says that some people are aware that they are supposed to register but they don’t treat customary marriage as marriage. They value church marriages more. She also said that some cultures like in the north, they do not issue certificates after a traditional marriage that is why many do not see the reason to register.
Marriage registration has various purposes
1. Every certificate of marriage that has been filed with URSB is admissible as evidence of the marriage to which it relates; in any court of law or before any person having by law or consent of the parties, authority to receive evidence on it.
2. A registered marriage is a safeguard for spousal benefits like insurance, pension, citizenship, immigration, emigration, family resettlements as well as inheritance of estates upon the demise of a spouse.
3. Marriage records provided to URSB by marriage celebrants are used to compile a marriage data bank. A credible marriage data base is a safe guard against bigamy, polygamy and polyandry in the case of church and civil marriages. Many people spend huge sums of money contracting marriages to parties that have subsisting marriages and have no legal capacity to remarry. For these reasons above, marriage registration is continuous, permanent, compulsory and universal.
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