Parliament, Wednesday, 17 September 2025 – The Portfolio Committee on Home Affairs has resolved that, because the public participation process on the Marriage Bill is at an advanced stage, it will continue to finalise this process and will include concerns highlighted by the Office of the Chief State Law Adviser on the constitutionality of clause 6 in its deliberations.
The committee received a legal opinion from the Office of the Chief State Law Adviser and Parliamentary Legal Services on Clause 6(2)(a) of the Marriage Bill. The briefing was made in the context that the Department of Home Affairs (DHA) did not receive certification on the constitutionality of the bill before it was tabled. The committee resolved that, because it is currently engaging with the public on the bill, with only two provinces remaining to canvas, it would be best to continue with the public hearing process, as allowed by Rule 297 (3) of the National Assembly rules.
The committee’s resolution is premised on the fact that the committee was not at a point to make decisions and realised that public participation is a critical pillar of the parliamentary mandate; it is important to continue with public hearings on the bill. The committee is cognisant of the need to ensure the constitutionality of any legislation it considers and will engage on the matter at the right time. The committee also committed to holding additional public consultation sessions with interested parties, including traditional leaders and faith-based organisations, to enable them to make substantive submissions on the bill, which might include concerns around clause 6.
Meanwhile, the committee also received a legal opinion on Clause 6 of the One Stop Border Post Bill, following various concerns raised about its practicability and legality. The committee resolved to give the DHA and other relevant parties time to review clause 6 of the bill and revert to the committee.
Concerning the issue of Mr Phillip Craig, the committee has resolved to write a letter to the Minister and Director-General of the Department of Home Affairs to give further clarity on the actions and the implications for his permanent residency in the country. The committee had commissioned legal advice to ascertain the legal framework and recourse the Minister has if the department were to consider revoking his permanent residence status. The committee noted the legal advice from the Parliamentary Legal Services but is of the view that the complaints by members of the public and of the portfolio committee require extensive analysis and consideration.
Some of the concerns raised to the committee include that Mr Craig actions cause divisions and threaten national security. In light of the legal opinion, the committee will write to the Director-General, who has vested power to revoke Mr Craig’s permanent residence status.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON HOME AFFAIRS, MR MOSA CHABANE.
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