COMMITTEE CALLS NORTHERN CAPE RESIDENTS TO MAKE SUBMISSIONS ON MARRIAGE BILL


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:
 

 DATE:2025DISTRICT MUNICIPALITYLOCAL MUNICIPALITYProposed venueTIME
Monday
4 August
Frances Baard District MunicipalitySol Plaatje Municipality
(Kimberley)
Galeshewe Recreational Hall10:00 – 15:00
Tuesday
5 August
John Taolo Gaetsewe District MunicipalityGa-Segonyana Municipality
(Kuruman)
Ga-Segonyana Municipal Hall10:00 – 15:00
Thursday
7 August
ZF Mgcawu District MunicipalityDawid Kruiper Municipality
(Upington)
Piet Thole Hall in Rosedale10:00 – 15:00

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Committee concludes North West public hearings on Marriage Bill


By BAKANG MOKOTO

16 June 2025 – The Portfolio Committee on Home Affairs said it concluded the North West leg of the public hearings on the Marriage Bill. Committee said this was the 5th province to host the public hearings on the Bill after Gauteng, KwaZulu-Natal, Eastern Cape and Mpumalanga, as part of the committee’s nationwide public consultation exercise to gather citizens’ input on the draft legislation.

The Chairperson of the Committee, Mosa Chabane said they held public hearings in the Dr Ruth Segomotsi Mompati District Municipality, where the Bill continued to receive general support from members of the public. Chabane said political parties, representatives from the religious sector, Non-Governmental Organisations (NGO) and the LGBTQI+ community were among stakeholders who made submissions to the committee at Banquet Hall in Vryburg.

“Most of the citizens welcomed the Bill’s objectives to consolidate all the existing marriage laws into one legislation and recognise Muslim marriages which were previously excluded.

“The public had reservations about the proposed 18 years age of consent for marriage and suggested to the committee it must be increased to 21 years,” she said.

Chabane further said this view was motivated by the feeling among citizens that 18 years was too young and must be upped to 21 years. She added that they argued that most people at that age were still finishing high school and must focus on school and not marriage.

“There were also calls for the law to impose harsh prison sentences for anyone who marries an underage and parents who married off their children who were below the legal age of consent.

“The public believe that poverty was one of the main drivers for this. Religious leaders continued to voice their objections to the clauses on same sex marriage, using biblical scriptures to back their argument, while others told the committee that same sex marriages were a threat to procreation,” said Chabane.

She said other members of the community warned religious leaders against imposing their belief system on others and infringing on individuals’ right of choice. Chabane said other submissions included proposals for the Bill to have provisions that will protect individuals, who were cohabiting, also called “vat en sit” colloquially.

“Some of the submissions such as husband getting consent of the first wife before marrying another wife and the issue of marrying in community or out of community of property are already included in the draft Bill.

“We thank the public, religious community, political parties, NGOs and everyone who has contributed to this discussion. We welcome all your valuable inputs,” she said.

Chabane said the committee will continue with the public consultations until all nine provinces are covered before making its decision on the Marriage Bill. She said the Bill aims to consolidate the different marriage laws, which include the Marriage Act, Recognition of Customary Marriages Act and the Civil Union Act, into one inclusive legislation for all types of marriages.

“It will also implement a judgment of the Constitutional Court to recognise Muslims marriages which have been previously excluded from the current legislation,” said Chabane.

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Public Hearings on Marriage Bill hit North West


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:2025DISTRICT MUNICIPALITYLOCAL MUNICIPALITYProposed venueTIME
Friday 13 JuneBojanala Platinum District MunicipalityRustenburg Local Municipality
Rustenburg
Civic Centre – City Hall10:00 – 15:00
Saturday 14 JuneNgaka Modiri Molema DistrictMahikeng Local Municipality
(Mahikeng)
Auditorium at the NW Legislature10:00 – 15:00
Sunday 15 JuneDr Ruth Segomotsi Mompati DistrictNaledi Local Municipality
(Vryburg)
Banquet Hall
(will require 16 tables and VIP toilet)
10:00 – 15:00

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Forensic auditor’s killer nabbed


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Johannesburg – The killer of forensic auditor Lawrence Moepi has been arrested in KwaZulu-Natal after nearly a year on the run, police said on Monday.

“He was apprehended this past weekend after he was found alone, hiding in a rondavel in West Bank, KwaZulu-Natal,” Lieutenant General Solomon Makgale said.
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