Lawmakers seek to change marriage laws
Publish date: 31 March 2025
Issue Number: 1119
Diary: IBA Legalbrief Africa
Category: South Africa
The Portfolio Committee on Home Affairs has indicated a strong case for changing the legal age of marriage from 18 to 21 as it continues its public engagement over the new Marriage Bill. BusinessTech reports that this was highlighted by Portfolio Committee on Home Affairs chairperson Mosa Chabane following the latest round of public consultations on Tuesday. He noted that marriages in SA are currently regulated by three distinct laws, each tailored to different types of unions. The Marriage Act governs monogamous marriages between opposite-sex couples, while the Recognition of Customary Marriages Act applies to African customary marriages, including polygamous unions, but excludes same-sex couples. The Civil Union Act accommodates monogamous partnerships for both same-sex and opposite-sex couples. In 2021, the Department of Home Affairs initiated efforts to combine these laws under a single, comprehensive policy. ‘The proposed Marriage Bill aims to unify all marriage legislation, creating a system that accommodates South Africa's diverse cultural, religious, and social practices,’ said Chabane. He said that public participation is central to this process, and Chabane stressed the importance of hearing diverse voices from urban and rural areas. ‘It will take time because we need sufficient consultation with community members, stakeholders, political parties, and all South Africans that are interested in this question,’ he said.