Parliament,Monday, 24 March 2025 – The Portfolio Committee on Home Affairs today held public hearings on the Marriage Bill in the Eastern Cape’s OR Tambo District Municipality.
The Eastern Cape is the third province to host these public hearings after Gauteng and KwaZulu-Natal as part of the committee’s comprehensive national public consultation exercise on the Marriage Bill.
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.
Today hundreds of residents filled up the King Sabata Dalindyebo Town Hall in Mthatha to make inputs on the draft legislation. While there was general support for the Bill, many citizens had reservations about the clauses on same sex marriages and the proposed 18-years as the age of consent to enter marriage.
The opposition for same marriages was motivated by cultural and traditional beliefs while those who supported it argued that society must embrace inclusivity and respect individuals’ freedom of choice. Other residents told the committee that bringing together all the marriage laws under one legislation was not a good idea as people believe in different religions and cultures.
They suggested that Parliament must remedy the exclusion of Muslim marriages and amend the existing laws to give people in customary marriages the same rights as those in civil unions.
On the proposed age of consent some of the community members questioned the maturity of 18-year-olds to get married and suggested that it be changed to 21years.
The Eastern Cape residents were also hopeful that the legislation would address the prevalence of fake marriages where women find themselves married without their consent, mostly to individuals they have never met and foreign nationals. They want the law to make it impossible for the Department of Home Affairs to register a marriage without both parties present.
Committee Chairperson, Mr Mosa Chabane, thanked members of the community for their inputs and said it would enrich the legislation. He also emphasised that the committee has not made any decision on the Bill and will listen to all South Africans to consider every submission before a decision is made.
Before the public hearings, the committee conducted an unannounced oversight visit to the Mthatha Home Affairs Offices and interacted with officials and members of the public.
Mr Chabane referred the issues raised, during the unannounced oversight, to the provincial manager of Home Affairs to follow up and submit a report to the committee next week Tuesday. These include frustrations about fraudulent marriages and challenges in getting IDs.
Tomorrow the committee will continue with public hearings in the Chris Hani District Municipality, at the Thobi Kula Indoor Sports Centre in Komani at 10h00.
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 committee Chairperson, please contact:
Name:Sakhile Mokoena
Cell:081 705 2130
E-mail:smokoena@parliament.gov.za
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