The new Marriage Bill is open for public comment. Image by Pexels/Darya Sannikova
The new Marriage Bill aims to bring the separate marriage laws together under one law.
The new Marriage Bill is open for public comment. Image by Pexels/Darya Sannikova
The Department of Home Affairs (DHA) presented the new Marriage Bill (2023) to parliament at the end of last year. The main aim of the proposed Bill is to bring all marriage legislation into a single framework.
The government of South Africa currently regulates marriages in the country through three different laws:
Minister in the Presidency Khumbudzo Ntshavheni previously said that the Bill empowers the DHA to develop a single Marriage Act for the country, according to Business Tech.
“The Bill seeks to ensure that all marriages are concluded in accordance with the principles of equality, non-discrimination and human dignity as provided for in the Constitution of the Republic of South Africa of 1996,” said Ntshavheni.
The DHA started a process in 2021 to create a marriage policy that will encompass all the different legislations, so an “umbrella” law to replace the existing separate laws that function independently. Their goal is that South Africa has a single legislation pertaining to marriage.
The proposed Bill includes:
The Portfolio Committee on Home Affairs has opened the new Marriage Bill for public comment. Public comments can be emailed to MarriageBill@parliament.gov.za. Emails must reach the office by no later than Friday, 17 May 2024 at 16:00.
Before the Bill comes into effect, it must still go through several steps. The National Assembly, the National Council of Provinces, and the President must still approve the Bill. Parliament and president Cyril Ramaphosa are currently pushing through multiple laws ahead of the 29 May elections. However, it is not very likely that the new Marriage Bill will be prioritised.
To see the full Bill, click here.
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