The Marriage Bill, 2023 is a South African bill which would establish a unified marriage policy for all citizens. The bill would supersede three other existing laws regulating the solemnisation of marriage in South Africa by retaining and expanding their protections and regulations.
| Marriage Bill, 2023 | |
|---|---|
| Parliament of South Africa | |
| |
| Territorial extent | South Africa |
| Considered by | National Assembly |
| Legislative history | |
| Bill citation | B43—2023 |
| Introduced by | Aaron Motsoaledi, Minister of Home Affairs |
| Introduced | 13 December 2023 |
| Committee responsible | Home Affairs |
| Repeals | |
| Status: Pending | |
Background
editThree laws currently provide for the status of marriage in South Africa. These are the Marriage Act (Act 25 of 1961), which provides for civil or religious opposite-sex marriages; the Recognition of Customary Marriages Act (Act 120 of 1998), which provides for the civil registration of marriages solemnised according to the traditions of indigenous groups; and the Civil Union Act (Act 17 of 2006), which provides for opposite-sex and same-sex civil marriages, religious marriages and civil partnerships. A person may only be married under one of these laws at any given time. In addition, the Divorce Act (Act 70 of 1979) governs the recognition of divorce.
In October 2020, the Department of Home Affairs confirmed plans to introduce a new draft marriage policy in South Africa, reconciling the diverse marriage laws into a single piece of legislation "that will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages", but indicated that the process had been delayed due to the COVID-19 pandemic.[1] In January 2021, the South African Law Reform Commission issued a 300-page discussion paper, offering a number of proposals and alternatives. The commission called for public comments on its discussion paper.[2] The proposed changes include reforms introducing a default property system, as spouses who have not entered into a formal marriage have no statutory rights to share in property which was amassed during the relationship,[3] as well as the legalisation of polyandry.[4]
In addition, on 28 June 2022 in the case Women's Legal Centre Trust v President (2022), the Constitutional Court handed down an order that declared the Marriage Act and the Divorce Act inconsistent with sections 9, 10, 28 and 34 of the Constitution due to their failure to recognize marriages solemnised under sharia. The declaration of constitutional invalidity was suspended for 24 months to allow Parliament to amend both laws. On 27 June 2024, the Court extended the stay of the declaration to 27 June 2026. Parliament filed a brief supporting the stay, asking for time for newly-elected members after the 2024 South African general election to familiarize themselves with the Marriage Bill, as well as seek more input on the bill from Muslim and other minority communities. The stay was affirmed on 18 September 2024.[5]
Legislative history
editA draft bill was approved by the Cabinet, and published in the Government Gazette on 7 July 2023. The period for written submission was open until 31 August 2023.[6] The bill was tabled in Parliament in December 2023, and was open for public comments until 17 May 2024.[7]
References
edit- ^ "How government wants to change marriage laws in South Africa". Business Tech. 23 February 2021. Archived from the original on 25 February 2021. Retrieved 24 February 2021.
- ^ "Discussion Paper 152 - Single Marriage Statute" (PDF). South African Law Reform Commission. January 2021. Archived (PDF) from the original on 28 April 2021. Retrieved 24 February 2021.
- ^ "Marriage, divorce and property changes being considered for South Africa". Business Tech. 24 November 2021. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
- ^ Rahim, Zamira (28 June 2021). "South Africa is considering letting women have multiple husbands. Conservatives aren't happy". CNN. Archived from the original on 9 December 2021. Retrieved 9 December 2021.
- ^ "ConCourt grants extension to GNU for Marriage Act amendment". Bizcommunity. Retrieved 2024-10-08.
- ^ "South Africa's new equal Marriage Bill has been published". Mamba Online. 12 July 2023.
- ^ Fraser, Luke (10 April 2024). "New marriage laws for South Africa take the next big step". BusinessTech.