The registrar may, after twenty-one days and up to three months from the date of the notice, on the payment of the prescribed fee, issue his certificate to the applicant. But before doing so the registrar must be satisfied by affidavit of the applicant that:
a. one of the parties has been resident within the district in which the marriage is intended to be celebrated for at least fifteen days preceding the granting of the certificate;
b. each of the parties to the intended marriage, if not a widow or widower, is twenty-one years old or, where he or she is under that age, the requisite consent has been obtained in writing and attached to the affidavit;
c. there is no impediment of kindred or affinity or any other lawful hindrance to the marriage; and
d. neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is proposed to be contracted.
Such affidavit may be sworn before a registrar, or an administrative officer, or a recognized minister of religion The person taking such affidavit is required by law to explain to the maker what are the prohibited degrees of consanguinity, and affinity. He must also explain the penalty imposed by law for contracting marriage under the Marriage Act with a third party while still married to another person under customary law, or for contracting marriage by customary law when already married by the Act. Failure to make these explanations is punishable with imprisonment for two years. The person making the explanations must also sign a declaration thereon that he has given the required explanation and that the person making the affidavit appeared to fully understand it.
The marriage must take place within three months of the date of the notice Failure to comply with this requirement makes the notice and all proceedings consequent thereupon void. The parties have to give a fresh notice if they desire to contract a valid marriage.46 It should be observed that the Registrar's certificate is not evidence of the celebration of marriage