411
South Africa’s Marriage Laws Could Change Dramatically – Here’s What You Need to Know
South Africa’s marriage laws could soon undergo a major transformation. The Portfolio Committee on Home Affairs has been gathering public input on a proposed new Marriage Bill, which aims to create a unified legal framework for all marriages.
One of the most debated changes? Raising the legal age of marriage to 21.
Why is the Legal Age of Marriage Under Review?
Currently, South African law allows minors to marry under certain conditions. The minimum age for marriage is 12 to 17 for girls and 14 to 17 for boys in some cases, depending on parental consent and cultural practices.
The new Marriage Bill proposes setting the minimum marriage age at 18 for both sexes, without exceptions. However, some stakeholders argue that even 18 is too young, and many are pushing for the age limit to be raised to 21.
Arguments for Raising the Marriage Age to 21
During recent public hearings, citizens, advocacy groups, and lawmakers voiced concerns that 18-year-olds:
-
Are often still in school and may not be prepared for marriage.
-
Lack financial independence, making them vulnerable to early financial struggles.
-
May not have the emotional maturity to handle the responsibilities of marriage.
According to Portfolio Committee on Home Affairs chairperson Mosa Chabane, these concerns have been a recurring theme throughout the consultations.
“Some of the issues are that these children are still at school, and they may not have responsibilities to conduct marriage or to get into marriage at that particular time,” Chabane explained.
Advocates for raising the marriage age believe this change could help protect young people from early, forced, or financially unstable marriages.
A Unified Marriage Law for South Africa
Currently, South Africa’s marriages are governed by three different laws:
-
The Marriage Act – Covers monogamous marriages between opposite-sex couples.
-
The Recognition of Customary Marriages Act – Recognizes African customary marriages, including polygynous unions, but excludes same-sex couples.
-
The Civil Union Act – Allows monogamous marriages for both same-sex and opposite-sex couples.
This fragmented system has led to legal confusion and inequality. In 2021, the Department of Home Affairs launched efforts to unify these laws into a single, comprehensive policy that accommodates South Africa’s cultural, religious, and social diversity.
Public Pushback on Same-Sex Marriage Recognition
Another contentious issue in the Marriage Bill discussions is the legal recognition of same-sex marriages under the Civil Union Act.
According to Chabane, there has been strong resistance from religious communities and older men who oppose same-sex unions.
However, some religious leaders have started to shift their stance, acknowledging the need for legal protection for all couples.
“I think today we got a different expression from the clergy that accept same-sex marriages,” said Chabane, indicating that views are evolving.
What Happens Next?
The Portfolio Committee is conducting nationwide public hearings before finalizing the bill. Consultations have already taken place in the Eastern Cape, with more scheduled in the Free State, Northern Cape, and North West.
Chabane emphasized the importance of public input, stating:
“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.”
Final Thoughts
If passed, the Marriage Bill will mark one of the most significant overhauls of South Africa’s marriage laws. Whether it’s raising the legal marriage age to 21 or addressing the recognition of same-sex marriages, these changes could have a profound impact on couples across the country.
Public hearings remain open for participation, ensuring that the voices of South Africans from all backgrounds are heard before the bill moves forward in Parliament.
Would you support raising the marriage age to 21?
{Source BusinessTech}
Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram
For more News in Johannesburg, visit joburgetc.com
