Parliament, Tuesday, 28 October 2025 – The Portfolio Committee on Home Affairs was informed by the Muslim community of Garden Route District Municipality that the Marriage Bill will have an unintended consequence of relegating Islamic marriages to man-made laws. Participants highlighted that Islamic law is divinely ordained by God, and man-made laws such as the Marriage Bill will violate rights to religious freedom.
The committee concluded the first of three public hearings on the bill at the Hornlee Civic Hall in Knysna. Participants raised alarm that some provisions, including the provision that in a polygamous marriage the first wife must give written consent will undermine other subsequent marriages especially because Islamic law gives equal status and validity to all individual marriages in a polygamous setting. Also, there were views that women’s rights are protected by Islamic law and that the Marriage Bill will undermine protections offered under Islamic law.
Meanwhile, there were concerns that the Marriage Bill is sexist in its wording by only recognising polygamous marriages and not recognising polyamorous marriages. Participants argued that this is in direct contradiction to the spirit of the Constitution and must be amended to ensure inclusivity and protect women’s rights.
Furthermore, there were strong views on the leniency of the bill for any marriage officer that solemnises a marriage involving a child. The view was premised on the belief that forced marriages are illegal. There was a call for the bill to be clear and categorical on the punishment for any marriage officer that solemnises a marriage to a young person.
Similarly, there were concerns about marriages to foreign nationals and the lived experiences of South Africans who entered into these marriages. The committee was urged to ensure that there are strong regulations to prevent abuse of the institution of marriage for selfish reasons, often to regularise residence in South Africa.
There was also a strong view presented that the bill must be amended to also recognise cohabitation, as it is a largely accepted arrangement in South Africa. Participants argued that the amendment is necessary to protect the property rights of partners and children currently in this arrangement.
Despite this, there was consensus that to reduce the current rate of divorce, the bill must regulate the age of consent to enter into a marriage. Participants argued that 18 years remains too young for anyone to enter into a marriage as they still are not mature enough to withstand the rigours of marriage.
Meanwhile, the committee apologised for the initial challenges in language interpretation experienced during the hearing. The committee assured participants that the necessary arrangements will be made to ensure the hearings are inclusive and meaningful, as demanded by the Constitution.
The committee will tomorrow hold the second hearings in Worcester.
The Marriage Bill seeks to replace the existing three separate marriage laws with a single, inclusive marriage statute that recognises all forms of marriages – civil, customary and religious – regardless of sexual orientation, belief or cultural practice.
“Public hearings are not a tick-box exercise. They are a vital platform to ensure the voices of ordinary South Africans are heard and reflected in the laws passed by Parliament,” added Mr Mosa Chabane the Chairperson of the committee.
The committee encourages all residents in the Cape Winelands District Municipality to attend the upcoming hearings and make their voices heard on this transformative legislation.
Details of the Western Cape hearings are as follows:
DATE: | DISTRICT MUNICIPALITY | LOCAL MUNICIPALITY | Proposed venue | TIME |
28 October | Cape Winelands District Municipality | Breede Valley Local Municipality | Worcester Town Hall | 10:00 – 15:00 |
29 October | City of Cape Town | Cape Town | OR Tambo 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
Tel: 021 403 8438
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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