Parliament, Friday, 15 November 2024 – The Portfolio Committee on Home Affairs is scheduled to start with the public participation on the Marriage Bill [B43—2023] in Gauteng. The committee has resolved that to ensure an effective and meaningful public participation process and the required public education process, it will this year only hold public hearings in Gauteng and the rest of the provinces will be consulted in 2025.
“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, 1996, 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 proposed Bill seeks to
- rationalise the marriage laws pertaining to various types of marriages;
- provide for the recognition of marriages;
- provide for the requirements for monogamous and polygamous marriages;
- provide for designation of marriage officers;
- provide for solemnisation of marriages; and
- provide for matters incidental thereto.
The Bill further seeks to recognise all marriages irrespective of religion, custom, sexual orientation or other beliefs. All marriages, concluded either 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 further seeks to prohibit marriages involving children in line with South Africa’s obligations in terms of 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 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 spectrums of society and sets out the requirements to be designated as a marriage officer. In this regard, the Minister will be able to designate any person who holds a responsible position in any:
(a) religious institution;
(b) secular organisation;
(c) traditional council, as defined in section 1 of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019); or
(d) Khoi-San council as defined in section 1 of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019),
as marriage officers to solemnise marriages.
The Bill will also empower the Director-General of the Department of Home Affairs, on account of misconduct or for any other good cause, to revoke or suspend the designation of any person as a marriage officer. Currently, the Director-General has no such powers in any of the marriage laws in the Republic.
“Various court cases have identified various shortcomings with public participation, especially as it relates to making legislation, and we intend to have meaningful public participation anchored on public education. We hope to receive quality inputs that will seek to enhance the Bill,” Mr Chabane said.
In line with the decision to ensure that the committee reaches many communities, the committee will be divided into two, which translates into four public hearings in Gauteng.
Details of the Gauteng hearings are as follows: -
|
DATE |
DISTRICT/ LOCAL MUNICIPALITY |
Area/District Municipality |
Venue |
TIME |
|
Monday, 18 November 2024 |
City of Ekurhuleni |
Vosloorus |
Civic Centre Community Hall |
10:00 – 15:00 |
|
Monday, 18 November 2024 |
City of Tshwane |
Pretoria CBD |
Tshwane House Council Chamber |
10:00 – 15:00 |
|
Tuesday, 19 November 2024 |
Sedibeng District Municipality |
Midvaal Local Municipality / Meyerton |
Lakeside Multipurpose Hall
|
10:00 – 15:00 |
|
Tuesday, 19 November 2024 |
West Rand District Municipality |
Mogale City |
Mogale City Centenary Hall |
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
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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