Legislation: Customary Marriages Bill sent to NHTL

The Recognition of Customary Marriages Amendment Bill has been referred to the National House of Traditional Leaders, which has until 11 December to comment on its contents. Announced on Friday, this decision was made in keeping with the requirements of sub-sections 18(1)(a) and (b) of the 2003 Traditional Leadership and Governance Framework Act, as quoted in a memorandum on the Bill’s objects. Once in force, the proposed new piece of legislation will align the Act with the requirements of a November 2017 Constitutional Court judgment in respect of sub-sections 7(1) and (2) (proprietary consequences of customary marriages and contractual capacity of spouses), reports Pam Saxby for Legalbrief Policy Watch. 

The Department of Justice & Constitutional Development has apparently already approached the Constitutional Court for an extension to the 30 November deadline. This was confirmed last week during a meeting of the National Assembly Committee on Justice & Correctional Services, when members were briefed on the Bill (Parliamentary Monitoring Group). Given its implications for the provinces, the proposed new piece of legislation will be processed as a section 76 Bill and subjected to public participation in the National Assembly, NCOP and provincial legislatures. It is not clear at this stage if this will entail consultations with representatives of the provincial houses of traditional leaders.