Big change to marriage laws on the cards for South Africa

The Portfolio Committee on Home Affairs has indicated a strong case for changing the legal age of marriage to 21 as it continues its public engagement over the new Marriage Bill.

This was highlighted by Portfolio Committee on Home Affairs chairperson Mosa Chabane following the latest round of public consultations on Tuesday (25 March).

He explained that, at present, marriages in South Africa are regulated by three distinct laws, each tailored to different types of unions.

The Marriage Act governs monogamous marriages between opposite-sex couples, while the Recognition of Customary Marriages Act applies to African customary marriages, including polygynous unions, but excludes same-sex couples.

The Civil Union Act accommodates monogamous partnerships for both same-sex and opposite-sex couples.

This fragmented approach has long been criticised for failing to provide a unified legal framework, which leads to inequality and confusion.

In 2021, the Department of Home Affairs initiated efforts to combine these laws under a single, comprehensive policy.

“The proposed Marriage Bill aims to unify all marriage legislation, creating a system that accommodates South Africa’s diverse cultural, religious, and social practices,” said Chabane.

The proposed changes to South Africa’s Marriage Bill have sparked widespread public interest, particularly regarding the legal age of marriage.

Under current laws, South Africa allows minors under the age of 18 to get married under certain conditions.

The minimum age at which a minor may marry under civil and customary law is 12 to 17 for girls and 14 to 17 for boys.

Section 5(1) of the Bill proposes that South Africa set the age of marriage at 18 for both sexes without exceptions. However, many stakeholders believe this threshold is still too low.

Reasons for the call to increase the legal age of marriage

During recent public hearings, many South Africans raised concerns about the current minimum age of 18 and called for it to be increased to 21.

According to Chabane, this issue has been a recurring theme throughout public consultations.

Chabane explained that those advocating for raising the marriage age argue that 18-year-olds are often still in school and lack the maturity and financial stability required for marriage.

“Some of the issues are that these children are still at school, and they may not have responsibilities to conduct marriage or to get into marriage at that particular time,” he said.

This viewpoint has gained traction among community stakeholders who believe increasing the minimum age will better protect young people.

“It would be important that the committee, when it engages, increase the age limit to 21,” Chabane added.

The Portfolio Committee is currently facilitating public input to ensure the legislation reflects the broader concerns of South African society.

Another significant and growing point of contention involves the Civil Union Act, which allows for same-sex marriages.

Chabane acknowledged that there has been substantial pushback, particularly from older men and members of religious communities, who oppose the legal recognition of same-sex unions.

“It is true that members of the community have raised this matter,” he said, highlighting the strong cultural and religious opposition.

However, Chabane noted a shift in perspective from some religious leaders.

“I think today we got a different expression from the clergy that accept same-sex marriages,” he said, suggesting that views on the issue are evolving in certain quarters.

Chabane said that public participation is central to this process, and Chabane stressed the importance of hearing diverse voices from urban and rural areas.

“It will take time because we need sufficient consultation with community members, stakeholders, political parties, and all South Africans that are interested in this question,” he said.

Public hearings continue to be held across the country, with recent sessions taking place in the Eastern Cape.

“Here in Eastern Cape, we started yesterday at Umata. We are here at Queenstown, and on Thursday, we will be at Hall,” Chabane added.

The Portfolio Committee plans to extend these hearings to other provinces, including the Free State, Northern Cape, and North West, to ensure comprehensive national input before finalising the bill for parliamentary deliberation.