New age limits for marriage coming to South Africa
South Africa’s Department of Home Affairs is in the process of amending the country’s marriage laws, setting the minimum age to 18.
This was revealed by Women, Youth and Persons with Disabilities Minister, Sindiswe Chikunga, in response to questions in parliament.
She said she had been informed by the Home Affairs Department that the change to marriage age limits was currently underway.
“The Department of Home Affairs is in the process of amending marriage legislation to align the minimum legal age for marriage with the Constitution by setting it at 18 years,” she said.
“This will ensure consistency between customary and civil marriages and remove any legislative inconsistencies.”
Chikunga’s statement came in response to questions about forced marriages in KwaZulu-Natal, where it was alleged that young women are forced into marriages.
National Assembly member Makoti Khawula said that women as young as 13 were forced into marriage in some parts of KwaZulu-Natal.
She also raised concerns about “ukuthwala”, a traditional practice which is illegal under South Africa’s current laws when it involves kidnapping or forced marriages.
Currently, South Africa’s laws only allow for people over 18 to marry without permission from any other parties.
However, the law does allow people under 18 to marry if their parents give written permission.
The Department of Home Affairs has been working to amend the age requirements for marriage through the Marriage Bill.
This proposed legislation would consolidate South Africa’s marriage laws and ensure they align with the constitution.
The bill was first introduced to parliament in 2023, and subsequently lapsed due to the 2024 national elections, before being revived.
While the bill would change the minimum age for marriage to 18, some people believed this was still too low.
In a press statement issued in June 2025, South Africa’s parliament said that some members of the public had asked that the age be raised to 21.
They told the committee that “18 years was too young for people to get married. They suggested that the age of consent must be increased to 21 years.”
“They argued that 18-year-olds are still at school and not mature enough for marriage and would not have the means to marry and start a family,” South Africa’s parliament said.
“Furthermore, they argued that children of that age should still be at school and should focus on their studies, not marriage.”
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