Marriage Act disclosure rule divides church leaders

Religious and traditional leaders have expressed differing views on the new Marriage Act’s requirement to disclose existing customary marriages before civil marriages.

The act, signed into law in 2024, says anyone already married under customary law will not be allowed to marry in community of property and must choose another matrimonial property system.

Anglican bishop Lukas Katenda says a wife, whether married under customary or civil law, is already a spouse and should not simply be treated as a declaration.

“For me, a wife is someone you live with. If you have a wife, whether customarily or legally, it is a wife. It is not a declaration because it is already a wife,” he says.

He says the requirement raises questions about whether the law is dealing with recognised marriages or other relationships.

“What does that mean? Unless you are saying declare if you have affairs or something like that?” he says.