The NEW Marriage Bill: All you need to know

The NEW Marriage Bill: All you need to know

The Department of Home Affairs (DHA) presented the new Marriage Bill (2023) to parliament at the end of last year. The main aim of the proposed Bill is to bring all marriage legislation into a single framework.

Current law

The government of South Africa currently regulates marriages in the country through three different laws:

The DHA’s vision

Minister in the Presidency Khumbudzo Ntshavheni previously said that the Bill empowers the DHA to develop a single Marriage Act for the country, according to Business Tech.

“The Bill seeks to ensure that all marriages are concluded in accordance with the principles of equality, non-discrimination and human dignity as provided for in the Constitution of the Republic of South Africa of 1996,” said Ntshavheni.

The DHA started a process in 2021 to create a marriage policy that will encompass all the different legislations, so an “umbrella” law to replace the existing separate laws that function independently. Their goal is that South Africa has a single legislation pertaining to marriage.

New Bill – What is the bottom line?

The proposed Bill includes:

• Stipulations regarding the requirements for both monogamous marriages and polygamous marriages.
• Rules about appointing marriage officials/officers.
• Procedures for conducting and recording marriages.
• Legal aspects of marriage and divorce.
• Rules for offenses and punishments related to marriage, and any related matters.

Next steps

The Portfolio Committee on Home Affairs has opened the new Marriage Bill for public comment. Public comments can be emailed to [email protected]. Emails must reach the office by no later than Friday, 17 May 2024 at 16:00.

Before the Bill comes into effect, it must still go through several steps. The National Assembly, the National Council of Provinces, and the President must still approve the Bill. Parliament and president Cyril Ramaphosa are currently pushing through multiple laws ahead of the 29 May elections. However, it is not very likely that the new Marriage Bill will be prioritised.

To see the full Bill, click here.

Let us know what you think of the suggested changes by commenting on this article below.