Public hearings on Marriage Bill to be held in Khayelitsha

The Portfolio Committee on Home Affairs will host public hearings on the Marriage Bill in Khayelitsha today. The bill aims to create a single, inclusive legal framework for all marriages in South Africa.

The Marriage Bill seeks to replace the existing three separate marriage laws with a single, inclusive marriage statute that recognises all forms of marriages, civil, customary, and religion, regardless of sexual orientation, belief, or cultural practice.

Among its key provisions, the Bill:

Prohibits child marriages by setting the minimum legal age for marriage at 18 years; Criminalises the facilitation or solemnisation of marriages involving minors; Enables the designation of marriage officers from all sectors, including traditional leaders, and Aims to curb fraudulent marriages, particularly those involving marriages of convenience between South Africans and foreign nationals.

PICTURE: Pixabay

At a public hearing held in Knysna, the Muslim community of Garden Route District Municipality believed that the Marriage Bill will have an unintended consequence of relegating Islamic marriages to man-made laws. Participants highlighted that Islamic law is divinely ordained by God, and man-made laws such as the Marriage Bill will violate rights to religious freedom.

Participants also raised concern that the Marriage Bill is sexist in its wording by only recognising polygamous marriages and not recognising polyamorous marriages. Participants argued that this is in direct contradiction to the spirit of the Constitution and must be amended to ensure inclusivity and protect women’s rights.

Similarly, there were concerns about marriages to foreign nationals and the lived experiences of South Africans who entered into these marriages. The committee was urged to ensure that there are strong regulations to prevent abuse of the institution of marriage for selfish reasons, often to regularise residence in South Africa.

The final round of public hearings on the Marriage Bill will be held at the OR Tambo Hall in Khayelitsha between 10a.m and 3p.m

 

Done by: Elona Sibunzi