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Prohibited Marriages

Prohibited Marriages
Certain categories of persons may not marry, namely:

It is forbidden for a man may to marry any person mentioned in column (1)
It is forbidden for a woman may to marry any person mentioned in column (2);

1	2

Mother	Father
Daughter	Son
Father’s mother	Father’s father
Mother’s mother	Mother’s father
Son’s daughter	Son’s son
Daughter’s daughter	Daughter’s son
Sister	Brother
Wife’s mother	Husband’s father
Wife’s daughter	Husband’s son
Father’s wife	Mother’s husband
Son’s wife	Daughter’s husband
Father’s father’s wife	Father’s mother’s husband
Mother’s father’s wife	Mother’s mother’s husband
Wife’s father’s mother	Husband’s father’s father
Wife’s mother’s mother	Husband’s mother’s father
Wife’s son’s daughter	Husband’s son’s son
Wife’s daughter’s daughter	Husband’s daughter’s son
Son’s son’s wife	Son’s daughter’s husband
Daughter’s son’s wife	Daughter’s daughter’s husband
Father’s sister	Father’s brother
Mother’s sister	Mother’s brother
Brother’s daughter	Brother’s son
Brother’s daughter’s daughter	Brother’s son’s son
Sister’s daughter	Sister’s son
Sister’s daughter’s daughter	Sister’s son’s son
Sister’s son’s daughter	Sister’s daughter’s son

Because bigamy is a punishable offence in South Africa, persons who are already in a marriage are forbidden to marry. If this were to happen, such a marriage is considered null and void in our law.
Unless the approved consent has been given, Minors are forbidden to be married. Consent to marriage of a minor for purposes of the Marriage Act, 1961 (Act No. 25 of 1961) a minor is a person under 18 years who has not been married before. The following requirements apply:
If both parents of the minor are still living, and if neither of the parents has sole guardianship of the minor, then both parents must consent to the marriage in writing on form BI-32;
If the minor was born out of wedlock, then only the mother’s written consent is required on form BI-32;
If only one parent has been granted sole guardianship of the minor, then only that parent’s written consent is required on form BI-32;
If the minor is in the care of a legal guardian, then only the guardian’s written consent is required on form BI-32;
If the legally consenting parent cannot be located, or, if that parent can be found but is considered legally incompetent to grant consent, then consent to the marriage can be sought through an application to a commissioner of child welfare (Section 25 of Act 25 of 1961);
In the situation where the parents of the minor, and/or a commissioner of child welfare, refuse to grant consent to the marriage, then the minor may make application to a Judge of the High Court for such consent. (Section 25(4) of Act 25 of 1961). However, the Judge will not grant consent unless there is sufficient evidence that the marriage is in the interest of the child and that consent has been unreasonably refused;
In the matters of boys under 18 years of age and girls under 15 years of age, in addition to the required consent of the parents or guardian – whichever is the case - also required is the consent of the Minister of Home Affairs (Section 26 of Act 25 of 1961). In terms of section 26(2) the Minister may, upon application, also condone a marriage which required his or her consent and was contracted without such consent;
If a marriage has been contracted without the legally required consent of the parents or guardian it is voidable; in other words, it is considered valid until declared null and void by the High Court. Section 24A of Act 25 of 1961 stipulates that the parents or guardian may, before the minor turns 21 years old, and within six weeks of the date on which the marriage first came to their knowledge, apply to the High Court for dissolution of that marriage. The minor may apply before he or she turns 18 years of age, or within three months after reaching the age of 18 years.

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