Parliament, Tuesday, 1 April 2025 – Following the hosting of successful public hearings in the Eastern Cape, the Portfolio Committee on Home Affairs will this weekend hold public hearings on the Marriage Bill [B43—2023] in Mpumalanga. The hearings this weekend are the fourth provincial public participation process following similar session in Gauteng, KwaZulu-Natal and Eastern Cape.
The public participation process is a constitutional mandate, as determined by Section 59 of the Constitution, which compels Parliament to ensure public participation in its processes, including law making. 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 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. 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,” Mr Chabane said.
The Bill seeks to rationalise the marriage laws pertaining to various types of marriages and introduce 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 following the tenants 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 in terms of international human rights instruments and the protection of children. In this regard, the Bill introduces a requirement that both prospective spouses must be 18 years or older. The Bill further 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 is able to designate marriage officers from all of South Africa’s society and sets out the requirements to become a marriage officer.
In the Eastern Cape, there were mixed views on the Bill, with a majority of the citizens welcoming the Bill’s objectives to consolidate all the existing marriage laws into one legislation and recognise Muslim marriages, which were previously excluded. However, there were reservations about some sections of the draft Marriage Bill. Similar to previous hearings, there was agreement with the intention to review the legal age for marriage, but some said 18 year was adequate while others called for the legal age to be set at 21. Traditional and Khoi and San leaders proposed that they be granted full marriage officer status to conduct and solemnise marriages.
The committee would like to urge residents of Mpumalanga 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 make a contribution on the Bill,” Mr Chabane said.
Details of the hearings are as follows: -
DATE | DISTRICT MUNICIPALITY | LOCAL MUNICIPALITY | Proposed venue | TIME | ||||||
Friday, 4 April | Ehlanzeni District Municipality | Mbombela Local Municipality | Civic Centre | 10:00 – 15:00 | ||||||
Saturday, 5 April | Gert Sibande District Municipality | Msukaligwa Local Municipality | Gert Sibande Chamber | 10:00 – 15:00 | ||||||
Sunday, 6 April | Nkangala District Municipality | Emalahleni Municipality | Klarinet | 10:00 – 15:00 | ||||||
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HOME AFFAIRS, MR MOSA CHABANE.
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Malatswa Molepo (Mr)
Parliamentary Communication Services
Tel: 021 403 8438
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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