Parliament,Wednesday, 20 November 2024 – The residents of the West Rand District Municipality in Gauteng yesterday rejected the draft Marriage Bill during public hearings conducted by a delegation of the Portfolio Committee on Home Affairs.
The Bill aims to consolidate the different marriage laws, which include the Marriage Act, the 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 Muslim marriages, which were previously excluded from legislation.
However,some members of the Muslim community felt the Bill is not adequately responding to the Constitutional Court order and accused the Department of Home Affairs (which drafted the Bill) of sacrificing the dignity of Muslims for convenience. They also argued that it is strange that the government wants to continue with the idea of a single Marriage Bill when it was rejected during consultations in the past.
They told the parliamentary delegation that there are so many nuances relating to marriage in South Africa’s various cultures and religions that a single Bill cannot accommodate them all.
Other participants in the public hearings said that although the Marriage Bill in trying to fix what is wrong with the system, it is bringing in a whole set of additional wrongs that have the potential to violate the Bill of Rights and the Constitution.
The delegation also heard that the Civil Union Act already provides for marriages for the LGBTQI+ communities. They said there is no need for a single marriage law.
While most of the participants in the public hearings rejected the Bill, there were those who declared their partial support for it on condition that clauses about polyandry and same-sex marriages were removed.
Some new proposals that came up during the hearings included a call to include marriages conducted in the Rastafarian faith.
One member of the community suggested that the law should allow some African communities,such as Batswana where marriage between cousins is normal, to enter such marriages without any risk of being accused of incest.
The leader of the delegation, Ms Moleboheng Modise-Mpya, reminded the residents that the Bill is still a draft, and the public participation process is an opportunity to influence what could be added to the legislation.
Gauteng was the first province to host public hearings on the Bill. The committee will continue visiting the rest of the provinces in the new year.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE LEADER F THE DELEGATION OF THE PORTFOLIO COMMITTEE ON HOME AFFAIRS, MS MOLEBOHENG MODISE-MPYA.
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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