By REGINALD KANYANE
7 April 2025 – The Portfolio Committee on Home Affairs has successfully held three public hearings on the Marriage Bill in Mpumalanga. The final hearing was held in Witbank, where the main point of contention was the legal age for an individual to get married.
The Chairperson of Portfolio Committee, Mosa Chabane said the Bill received mixed reviews from participants, with the majority in support of the Bill, while others shared various reservations about certain clauses. Chabane said a number of participants argued that while they agreed with the intentions of the Bill to increase the legal age of marriage, they were concerned about the proposed 18 years as too young as they believe an 18-year-old does not have the maturity required to marry and must still finish school and establish themselves in the world.
“Some proposed that the age limit should rather be increased to 21 or 25. There was also a concern that by setting the legal age at 18, it will expose young people to exploitation by foreign nationals intending to get married just to regularise their stay in South Africa.
“Some participants disagreed and argued that the Bill contradicts other laws. They based this argument on the fact that legislation sets the age of sexual consent at 16 years of age. They argued that this incongruency between the two pieces of legislation is problematic and difficult to understand,” he said.
Chabane further said, meanwhile, there were opposing views on the proposal that a man intending to enter into a polygamous marriage must receive written consent from the first wife. He added that those against this provision argued that it is oppressive and said it will destroy a well-established cultural practice.
“Some also contended that the Bill represents the imposition of Western practices and laws on African and traditional practices, which will lead to the dilution and destruction of African culture.
“Some of the participants also argued that the clause is problematic because they believe that many wives will not consent to polygamy,” said Chabane.
He said those in support of the clause argued that it will end the suppression of the rights of women in polygamous marriages. Chabane said, furthermore, it will also ensure that the property rights of women in polygamous marriages are protected for the benefit of both the wife and children.
“Also, some argued that this provision will prevent delays in the winding up of the deceased estate, in the case of the husband passing away. Some participants from the Muslim community argued that the Bill is not responsive to the Women’s Centre Trust vs the President of the Republic of South Africa Constitutional Court ruling, as the Bill does not recognise Muslim marriages in accordance with Islamic law.
“There was also an argument that the Bill does not regulate the consequences of marriages according to Islamic law. Participants emphasised that while they welcomed legal recognition of Muslim marriages, they did not support the Marriage Bill because Muslims have a unique Personal Law system, and they believe that the Bill converts Muslim marriages into civil marriages,” said Chabane.
He said the committee has now concluded public hearings in Gauteng, KwaZulu-Natal, Eastern Cape and Mpumalanga. Chabane said the committee will in due course communicate dates for the next batch of public hearings in the five remaining provinces.
“The committee reiterated its appreciation for all South Africans who have come out in their numbers to make a meaningful contribution to the Bill,” he said.
The Guardian 