By REGINALD KANYANE
9 June 2025- The Portfolio Committee on Home Affairs said following the successful hosting of public hearings in Mpumalanga, it will now hold public hearings on the Marriage Bill [B43—2023] in the North West province this coming weekend. The Committee said the hearings in North West, is the fifth provincial public participation process following similar sessions in Gauteng, KwaZulu-Natal, Eastern Cape and Mpumalanga.
The Chairperson of the Committee, Mosa Chabane said the public participation process is the cornerstone of South Africa’s constitutional democracy as enshrined in Section 59 of the Constitution of the Republic of South Africa, which compels the National Assembly to facilitate public involvement in the legislative and other processes of the Assembly and its committees. Chabane said the committee intends to ensure that the process is inclusive and far-reaching and that a conducive platform is created for people to make meaningful submissions on the Bill.
“To ensure meaningful public engagement, Parliament, through its public education unit, undertook an extensive public education process to ensure that participants make informed and qualitative submissions that will add value to the Bill.
“The Bill seeks to rationalise the marriage laws of various types of marriages and introduces a single marriage statute to replace the three existing marriage laws governing civil marriages, customary marriages and civil unions,” he said.
Chabane further said the Bill seeks to recognise all marriages irrespective of religion, custom, sexual orientation or other beliefs. He added that all marriages, concluded either following the tenets of any custom, religion or belief, will, therefore, be recognised.
“The Bill will further ensure that all marriages concluded before the commencement of the Bill continue to be recognised as marriages under South African law.
“Also, the Bill seeks to prohibit marriages involving children in line with South Africa’s obligations as it relates to international human rights instruments, as well as the protection of children,” said Chabane.
He said in this regard, the Bill introduces a requirement that both prospective spouses must be 18 years or older. Chabane said the Bill introduces offences and penalties for entering or concluding marriages with minors, as well as solemnising such marriages.
“The Bill will further ensure that the Minister of Home Affairs can designate marriage officers from all sectors of society, including traditional leadership, and sets out the requirements for designation as a marriage officer.
“In Mpumalanga, participants expressed their hope for the Bill and that the Bill will bring an end to the practice of Ukuthwala. The majority of participants suggested that a maximum of five years imprisonment for anyone who is forced to enter into a marriage that they do not freely consent to, will serve as a necessary deterrent against anyone inclined to the practice Ukuthwala,” he said.
Chabane said there was also a call that the Bill must include specific requirements and waiting time for any foreign national wishing to marry a South African. He said this argument was based on concerns that there is currently an increased abuse of the marriage provision for foreign nationals to regularise their stay in the country.
“The call for a defined timeline, according to participants, was necessary for the department to ascertain the bona fides of the marriage. There was also unanimous support for the proposal that the legal age to enter into marriage be increased.
“Despite this support, many proposed that the Bill increase the age limit to at least 21, which many viewed it as an adequate and mature age to enter into marriage and withstand the rigours of marriage,” said Chabane.
He said the engagements in North West allow the residents of the province to make their views heard on the Bill. Chabane said the committee would like to urge residents of the North West to come in their numbers to contribute to the Bill.
“The drafters of the Constitution envisioned laws that are reflective of the general views of all South Africans, and this is an incredible opportunity for the people to contribute to the Bill,” he said.
Details of the NW hearings are as follows:
| DATE:2025 | DISTRICT MUNICIPALITY | LOCAL MUNICIPALITY | Proposed venue | TIME |
| Friday 13 June | Bojanala Platinum District Municipality | Rustenburg Local Municipality Rustenburg | Civic Centre – City Hall | 10:00 – 15:00 |
| Saturday 14 June | Ngaka Modiri Molema District | Mahikeng Local Municipality (Mahikeng) | Auditorium at the NW Legislature | 10:00 – 15:00 |
| Sunday 15 June | Dr Ruth Segomotsi Mompati District | Naledi Local Municipality (Vryburg) | Banquet Hall (will require 16 tables and VIP toilet) | 10:00 – 15:00 |
The Guardian 