Customary Marriage (Registration) Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ certificate ” means a customary marriage certificate; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ customary marriage ” means 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; “ date of marriage ” means the date of the registration of the marriage; “guardian” includes a parent or any person in loco parentis ; “ Minister ” means the Minister to whom functions under this Act are assigned; “ monogamous marriage ” means a marriage between a man and a woman by which neither of them during the subsistence of the marriage shall be at liberty to contract any other form of marriage with any other person; “ monthly returns ” means the returns made by registrars to the Registrar General under section 15 ; “ prescribed ” means prescribed by the Minister by statutory order; “ register ” means any register kept under this Act; “ registrar ” has the meaning assigned to it by section 3 and includes a deputy registrar; “ Registrar General ” means a...

Section Marriage districts Section The Minister may, by statutory order— Every subcounty, the cities of Kampala, Jinja, Masaka and Mbale and every area specified in Schedule 2 to this Act shall be a marriage district for the purpose of the registration of customary marriages under this Act. alter, amalgamate or subdivide the marriage districts as he or she may think fit; amend Schedule 2 to this Act.

Section Appointment of registrars Section All subcounty chiefs and the town clerks of the city of Kampala, the municipalities of Jinja, Masaka and Mbale and of the townships specified in Schedule 1 to this Act shall be registrars for their respective marriage districts.

Section Notice of marriage Section Whenever, after the commencement of this Act, any persons who do not belong to any indigenous tribe of Uganda desire to contract a customary marriage , one of the parties to the intended customary marriage shall sign and give to the registrar of the district in which the customary marriage is intended to take place a notice in the prescribed form.

Section Signature of notice by person unable to write or to understand English Section If the person giving such notice is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he or she places his or her mark or cross to the notice in the presence of some literate person who shall attest to it, which attestation shall be in the prescribed form.

Section Registrars to supply forms of notice Section Every registrar shall supply forms of notice on payment of the prescribed fee to any persons applying for them.

Section Notice to be entered in customary marriage notice book and published Section Upon receipt of such notice the registrar shall cause it to be entered in a book to be called the “ customary marriage notice book” which may be inspected during office hours without fee. The registrar shall also publish the notice by causing a copy of it to be affixed on the outer door of his or her office and to be kept exposed there until he or she grants his or her certificate as provided in section 25 , or until three months have elapsed.

Section Registrar to issue certificate on proof of conditions by affidavit Section The registrar , at any time after the expiration of twenty-one days and before the expiration of three months from the date of the notice, upon payment of the prescribed fee, shall issue his or her certificate in the prescribed form; except that he or she shall not issue the certificate until he or she has been satisfied by affidavit— that one of the parties has been resident within the district in which the marriage is intended to be celebrated at least fifteen days preceding the granting of the certificate ; that each of the parties to the intended marriage, not being a widower or widow, has attained the age of twenty-one or that, if he or she is under that age, the consent made requisite has been obtained in writing and is annexed to the affidavit; and that the parties to the intended marriage are not within the prohibited degrees of kinship specified in Schedule 2 to this Act. Such affidavit may be sworn before the registrar or before a magistrate. The registrar or magistrate taking the affidavit shall explain to the person making it what are the prohibited degrees of kindred and affinity and the...

Section Minister’s power to grant licence to marry Section The Minister , upon proof being given to him or her by affidavit that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to the marriage has been obtained, may, if he or she shall think fit, dispense with the giving of notice, and with the issue of the certificate of the registrar , and may grant his or her licence, which shall be in the prescribed form authorising the celebration of a marriage between the parties named in the licence by a registrar .

Section Caveat may be entered against issue of certificate Section A person whose consent to a marriage is required, or who may know of any just cause why the customary marriage should not take place, may enter a caveat against the issue of the registrar ’s certificate , by writing at any time before the issue of the certificate the word “Forbidden” opposite to the entry of the notice in the customary marriage notice book, and appending to it his or her name and place of abode, and the grounds upon or by reason of which he or she claims to forbid the issue of the certificate , and the registrar shall not issue his or her certificate until the caveat shall be removed as provided in this Act.

Section Objections by persons outside Uganda Section Where a person, such as referred to in section 27 resides outside Uganda, an objection signed in accordance with the laws of his or her country of residence relating to the attestation of documents and duly authenticated by a notary public consul or other person authorised by the laws of that country in that behalf shall be sufficient evidence of objection to the celebration of that marriage.

Section When caveat entered, question to be referred to court Section Wherever an objection is made to or a caveat is entered against the issue of a certificate , the registrar shall refer the matter to the chief magistrate, and that court shall summon the parties to the intended marriage and the person by whom the caveat is entered, and shall require the person by whom the caveat is entered to show cause why the registrar should not issue his or her certificate , and shall hear and determine the case in a summary way; and the decision of the High Court shall be final. Where a person who made the objection under section 28 resides outside Uganda, the procedure set out in the Civil Procedure Rules of issuing commissions in respect of persons resident beyond the local jurisdiction of the court shall apply.

Section Removal of caveat Section If the chief magistrate decides that the certificate ought to be issued, the judge shall remove the caveat by cancelling the word “Forbidden” in the customary marriage notice book in ink, and writing in the customary marriage notice book, immediately below the entry and cancellation, the words “Cancelled by order of the High Court” and signing his or her name to that writing. The registrar shall then issue his or her certificate , and the marriage may proceed as if the caveat had not been entered; but the time that has elapsed between the entering and the removal of the caveat shall not be computed in the period of three months specified in section 25 .

Section Compensation and costs Section The chief magistrate may award compensation and costs to the party injured, if it appears that a caveat was entered on insufficient grounds.

Section Regulations Section The Minister may make regulations for all or any of the following— prescribing the forms to be used and the particulars to be given under this Act; the fees to be paid under this Act; details of the marriage to be given to the registrar and the Registrar General ; providing for the manner in which any documents shall be signed; prescribing registers, records and indexes to be kept under this Act and providing for inspection of them and the making of returns under this Act; providing for the provision of certified copies of records or extracts of records kept under this Act; prescribing the hours during which customary marriages may be registered and all names and particulars given; and generally prescribing anything required to be prescribed under this Act.

Section Registration of customary marriages celebrated before the commencement of this Act Section The parties to a customary marriage which was celebrated before the 1st day of October, 1973 that did not register the marriage by the 30th day of September, 1978 shall, in such a manner as the Minister may by statutory order provide, register the marriage and pay a registration fee not exceeding two hundred fifty currency points.

Section Power to amend Schedule 1 Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.