Parliament, Tuesday, 5 August 2025 – The Portfolio Committee on Home Affairs successfully hosted the first of three public hearings on the Marriage Bill in the Northern Cape, where residents of the greater Frances Baard District Municipality expressed hope that the bill will ensure all marriages are equal before the law. The hearings were held at the Galeshewe Recreational Hall in Kimberley.
Representatives of traditional leadership associations highlighted that the current acts foster the perception that customary marriages are inferior and subordinate to civil marriages. Their support for the bill rested on the belief that the bill will make all marriages equal, including cultural and religious ones. They also applauded the bill for allowing traditional leaders to serve as marriage officers, especially in the context of large communities that reside under traditional leadership authorities.
Despite a majority supporting the bill, some emphasised that certain provisions in the bill should be reconsidered. For example, while an overwhelming number of participants agreed with the provision increasing the legal age of marriage, many believed that the proposed 18 years is problematic. They argued that the bill should set the age at 21, as 18-year-olds are still too immature to enter into marriage.
An objection was raised that the bill perpetuates gender-based discrimination due to the omission of recognition for polyandry, while it is explicit on polygamy. Participants argued that this omission in the bill contradicts section 9 of the Constitution, which guarantees the right to equality. This discriminatory omission undermines the bill’s objectives to ensure equality, dignity and constitutional coherence, they said.
Similar to other public hearings held across the country, representatives from religious bodies underscored their objection to same-sex marriages, which they said contradict their religious beliefs and teachings. They also objected to what they saw as the bill’s failure to offer explicit protection in cases where pastors refuse to solemnise marriages that are contrary to their beliefs. They were of the view that the protection provided by clause 11(4) is inadequate and might expose marriage officers to litigation and revocation of their licence.
Pastors also rejected the bill on the grounds that the requirement for existing wives to give written consent to polygamous marriages will perpetuate gender-based discrimination, as lived experience has proved that women are, in most cases, in a weak position to negotiate.
Some participants also called on the committee to enhance provisions regulating marriages between South Africans and foreign nationals, which they said would curb the growing trend of marriages of convenience in South Africa.
The committee will today hold the second public hearings in the province at the Gasegonyana Municipal Hall in Kuruman. The committee urges residents of greater John Taolo Gaetsewe District to come in their numbers to share their views on the Bill.
Details of the Northern Cape hearings are as follows:
DATE:2025 | DISTRICT MUNICIPALITY | LOCAL MUNICIPALITY | Proposed venue | TIME |
Tuesday | John Taolo Gaetsewe District Municipality | Ga-Segonyana Municipality | Ga-Segonyana Municipal Hall | 10:00 – 15:00 |
Thursday | ZF Mgcawu District Municipality | Dawid Kruiper Municipality | Piet Thole Hall in Rosedale | 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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