New Marriage Bill: What it means for South Africans
The new Marriage Bill promises equality, inclusivity, and a unified system of marriage law, simplifying South Africa’s complex regulations.
South Africa’s marriage laws are on the brink of significant change with the introduction of the new Marriage Bill, currently awaiting approval from the National Assembly.
This bill seeks to create a single, unified Marriage Act to replace the three existing laws governing monogamous opposite-sex couples, customary marriages, and civil unions.
Annelize Nagtegaal, a family law lecturer at the University of Pretoria, told BusinessTech that South African matrimonial law has evolved dramatically in the past 25 years, shifting from a system that only recognised heterosexual marriages to one that now includes civil unions and customary marriages.
The proposed bill aims to simplify the complex framework currently regulating these different forms of marriage.
One of the most notable changes is the bill’s alignment with international standards by raising the legal marriage age to 18, making it a criminal offence to marry minors. This step has been widely praised as a move towards better protecting vulnerable individuals.
With the current laws, girls 12 and older and boys 14 and older are allowed to get married with the consent of legal guardians, parents or specific officials of the court.
The bill also seeks to modernise outdated provisions, such as those dictating specific times and venues for marriages, ensuring the law aligns with contemporary social norms.
However, it faces criticism, particularly from cultural and religious communities who fear the loss of traditions and the “Westernisation” of customary marriages.
While the bill represents a step towards equality and inclusivity, it raises challenges, especially with polygamous and Muslim marriages.
“Given our diversity, it is virtually impossible to pass legislation to govern every single religious and/or cultural practice,” said Nagtegaal.
With significant changes underway, including revisions to matrimonial property regimes, the new Marriage Bill is just the beginning of a broader reform of South Africa’s marriage laws.
How the country navigates these challenges remains to be seen, but the goal is clear: a fairer, more inclusive system for all.
Follow us on social media:
HOW TO LISTEN TO EAST COAST RADIO
- Listen to East Coast Radio on the FM (frequency modulation) spectrum between 94 and 95 FM on your radio.
- Listen live to ECR by clicking here or download the ECR App (iOS/Android).
- Listen to East Coast Radio on the DStv audio bouquet, channel 836.
- Switch to the audio bouquet on your Openview decoder and browse to channel 606
- Listen to us on Amazon Alexa.
Image Courtesy of iStock