Parliament, Sunday, 27 July 2025 – Residents of Greater Lejweleputswa District Municipality called for stricter measures to ascertain the authenticity of marriages between foreign nationals and South Africans.
The residents made the call when the committee held the second of three public hearings on the Marriage Bill in the Free State at the Toronto Recreation Centre in Welkom yesterday. The apprehension raised by participants was that there is a worrying increase in marriages of convenience that expose the national register to fraudulent entry, as a result, participants argued that the Bill must prescribe a clear process to ensure that the intended matrimony is driven by true intentions and not by nefarious reasons.
The committee heard about various cases of marriages of convenience during the two public hearings it held in other provinces. It never hesitated to call on the Department of Home Affairs to urgently intervene to ensure that the claims of marriages of convenience are thoroughly investigated.
Meanwhile, some participants raised a concern that the Marriage Bill was not in line with the Constitution. This concern arose from an observation that by harmonizing different types of marriage laws into a single marriage statute might infringe on the right of choice as it is enshrined in the Constitution.
Participants expressed contrasting views on the issue of polygamy. Some supported it highlighting, among other things, its long and deep history in the African communities. They said legislating it will ensure legal framework and certainty. Other participants on the other side called for the equality and protection of all wives in polygamous marriages, especially when a husband enters into a traditional marriage in the rural areas and civil marriages in urban areas where they work.
They argued that polygamous marriages are not sustainable and at times they are easily riddled with conflicts especially relating to property rights. They called for the prohibition of this type of marriage.
On the same sex marriages, there were also differences on the recognition of these marriages. Representatives of a number of faith-based organisations highlighted contradictions with their religious beliefs and teachings. Those in support of same sex marriages highlighted that every South African has a constitutional right of choice and the Bill’s intentions to recognise their marriages is constitutional.
The committee was concerned, though, with some sections of society showing a lack of decorum and exhibiting actions that bordered on “discrimination” as it relates to same sex marriages. The committee emphasised and asserted the right of every individual as it is enshrined in the Constitution, and that any view should be respected, protected, and above all, the constitutional rights of every South African should be respected.
Participants differed on the intention to increase the legal age of consent, with some participants arguing that 18 years marriage threshold was appropriate for consent to enter into a marriage. Some argued against the 18 years, citing the lack of maturity and arguing that children must complete their educational pathways before marriage.
Marriage officers also highlighted their fear of retribution if they refused to solemnise marriages that go against their beliefs. These participants called for clear and unambiguous measures in place to protect marriage officers if they refuse to solemnise marriages that are against their belief systems. There were participants who called for the Department of Home Affairs to present a roll-out plan for the training of the new marriage officers on the implementation of the Bill.
The committee will today host the last hearings on the Bill in the Thabo Mofutsanyane District Municipality. The committee encourages the residents to come out in their numbers to share their views.
Details of the Free State hearings are as follows:
DATE: | DISTRICT MUNICIPALITY | LOCAL MUNICIPALITY | Proposed venue | TIME |
Sunday, 27 July | Thabo Mofutsanyane District Municipality | Dihlabeng Local Municipality | New 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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