By AGISANANG SCUFF

3 August 2025 – The Portfolio Committee on Home Affairs will, from 4 until August 2025, will hold public hearings on the Marriage Bill [B43-2023] in the Northern Cape. The committee urges the residents of the Northern Cape to take the opportunity to make contributions aimed at shaping the legislation rationalising marriage laws in South Africa. The Chairperson of the Committee, Mosa Chabane said the hearing in the Northern Cape follows similar consultations held in Gauteng, KwaZulu-Natal, Eastern Cape, Mpumalanga and North West and most recently in the Free State.
 
“South Africa’s democratic society is anchored on consultation, hence the need for public participation in the work of Parliament and in law-making was enshrined in section 59 of the Constitution. The hearings represent a genuine platform to guarantee that the laws that Parliament passes incorporate the will and aspirations of the people.

“The committee has endeavoured 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. In this context, the committee resolved to hold nationwide hearings to garner views on the Bill, especially considering South Africa’s diverse cultural and religious background,” he said. 
 
Chabane further said to ensure meaningful public engagement, Parliament, through its public education unit, has in each province undertaken an extensive public education process to ensure that participants make informed and qualitative submissions that will add value to the Bill. He added that the public education sessions have proved invaluable, with participants in different provinces raising province-specific views on the Bill.   
 
“The Marriage 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. The Bill further seeks to recognise all marriages irrespective of religion, custom, sexual orientation or other beliefs. 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. In this regard, the Bill introduces a requirement that both prospective spouses must be 18 years and older. The Bill further introduces offences and penalties for entering or concluding marriages with minors, as well as solemnising such marriages,” said Chabane.
 
He said 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.
 
Chabane said in the hearings held in the Free State, a majority of participants welcomed the intentions of the Bill but raised concerns with various aspects that the committee must consider when deliberating on the Bill.

“A major point raised was the need for stricter measures to regulate marriages between foreign nationals and South Africans to halt the increasing trend of marriages of convenience. Additionally, participants agreed to the increase in the legal age of marriage to align it with international human rights instruments.

“Participants suggested that the Bill increase the legal age of marriage to 21 years, as they were of the view that an 18-year-old is still not mature enough to make such a decision,” he said. 
 

Details of the Northern Cape hearings are as follows:
 

taungdailynews@gmail.com