The Republic of South Africa has three pieces of legislation of regulating solemnisation and registration of marriages (a) Marriage Act, 1961 (Act No. 25 of 1961), (b) Recognition of Customary Marriages Act, 998 (Act No. 120 of 1998) and (c) Civil Union Act, 2006 (Act No. 17 of 2006). The Department would not have powers to indicate that a person is married in the death certificate, whereas such is not the case in terms of the law. A marriage entered into in terms of Muslim rites is thus far not recognised in the South Africa. In this regard, the Department has embarked on discussions throughout the Republic regarding the development of a policy on marriages in order to find possible means to deal with all types of marriages and enact legislation that addresses some of the types of marriages or practices that may not be recognised as marriages. This process will culminate in a legislative process to address certain issues relating to different types of marriages.
The issue of rights to benefits may best be dealt with by the courts in the circumstances as it is beyond the Home Affairs portfolio.
END