Men must declare customary wives under new Marriage Act

Renthia Kaimbi

Men will be required to declare all their customary wives before entering into a civil marriage with someone else, according to the new Marriage Act of 2024.

While still not in force yet, the Act somewhat introduces the recognition and regulation of customary marriages at the ministry of home affairs, immigration, safety and security.

The legislation (Act No. 14 of 2024), signed into law on 2 October 2024, repealed the colonial-era Marriage Act of 1961 and mandated a uniform system for all marriages in Namibia.

For the first time, customary marriages will be recognised through a formal process, as a measure designed to ensure marital clarity.

The Act defines a “customary marriage” as one concluded or recognised under Namibian customary law, or even under the customary law of another country.