Big changes for marriage in South Africa – proposed laws now open for comment

The Department of Home Affairs (DHA) has invited South Africans to have a say on the new Marriage Bill.

Written submissions are expected to be provided to the DHA on or before 31 August 2023.

The DHA said that submissions should be addressed to the chief director of legal services at the DHA through:

• Hand delivery to the DHA office located at 230 Johannes Ramokhoase Street, Pretoria
• Mailed to the DHA at Private Bag X114, Pretoria, 0001
• Faxed to 0865 769 025
• Emailed to [email protected] and [email protected]

The new bill aims to bring existing marriage laws under one legislative umbrella following existing family law developing in a fragmented manner dispersed between three different pieces of legislation:

• The Marriage Act – for monogamous marriages of opposite-sex couples
• The Recognition of Customary Marriages Act – for polygamous marriages of opposite-sex couples
• The Civil Union Act – for monogamous partnerships for same-sex and opposite-sex couples

As a result of this fragmented approach, some legislative benefits have been left unattainable to some.

The move by the government also seeks to extend legislative benefits to all marriages and ‘ensure a fair outcome to the spouses to a marriage whenever a dispute arises’ – regardless of religious, cultural, sexual, gender or belief factors.

In late June, the minister in the presidency Khumbudzo Ntshavheni, briefed the media on the bill, adding that the bill outlines measures to prevent unions such as child marriages and those done in the absence of the other party.

Discussions regarding the new bill have been ongoing for years, starting with the DHA conducting public consultations on the Green Paper on Marriages.

Some significant proposed changes from the green paper outlining the plans for the bill include:

• Enabling legal marriages for South Africans of different sexual orientations, religions, and cultures.
  
• Implementing strict age rules for marriage, aligning them with the Children’s Act.
  
• Aligning marriage, marital property, and divorce legislation to address matters of marital property and intestate succession upon marriage dissolution.
  
• Ensuring equitable treatment and respect for religious and customary beliefs as per Section 15 of the Constitution.
  
• Addressing the solemnization and registration of marriages involving foreign nationals.
  
• Addressing the solemnization and registration of customary marriages involving non-citizens, particularly cross-border communities or citizens of neighbouring countries.

See the full gazette and the act below:

Read: 7 new laws coming to South Africa – what to watch out for