The South African law makers are working on a new law called the Marriage Bill which intends on updating and simplifying how marriages are managed in South Africa. The aim for the bill is to ensure that all marriages are treated with fairness regardless of culture, religion, sexuality or personal beliefs. Here is what it means:
Why do we need a new Marriage Bill?
South Africa currently has three main marriage laws:
- Marriage Act (1961) – for civil marriages.
- Recognition of Customary Marriages Act (1998) – for traditional marriages.
- Civil Union Act (2006) – for same-sex and other unions.
The three marriage laws are said to have caused confusion and inequality where some cultural practices are not recognised, and people in religious marriages don’t always have the same legal protection as others. The new bill now aims at combining these laws into one to ensure that all types of marriages are respected and catered for.
What are the key changes in the Proposed Bill?
The bill recognises different types of marriages, including:
- Civil marriages.
- Customary marriages (traditional practices like lobola).
- Religious marriages (e.g., Muslim, Hindu, or Jewish ceremonies).
- Same-sex unions.
What the bill promises?
- The new law will use “spouses” instead of “husband” and “wife” to include everyone equally.
- The legal age for marriage will be raised to 18 to protect children from marrying at a young immature age.
- The bill will ensure that women in customary or religious marriages have equal rights as men, including access to property and fair treatment during divorce.
- It will ensure that the divorce process is quick to make it easier to end a marriage fairly, regardless of the type of union.
What the bill means for you?
- If you are married or plan to get married, this law could change how your union is recognised and protected.
- Traditional or religious marriages will now carry the same legal weight as civil ones.
- Women and children will have stronger protections in all types of marriages.
What the government is currently doing?
The government is going around South Africa to do consultations through asking citizens to share their thoughts on the bill. This is a chance for all South Africans to voice any concerns or suggestions before the proposed Bill becomes law.
This government emphasises that the new Marriage Bill seeks to be fair, inclusive, and protect everyone, no matter how or whom they choose to marry.
For updates and more information, follow BAAGI News or visit South Africa’s Department of Home Affairs website.