Some residents of the greater Ehlanzeni District Municipality believe the Marriage Bill [B43--2023] will end the worrying tradition of "Ukuthwala", where young girls are often forced into marrying older males.
The Portfolio Committee has successfully conducted the first of three public hearings on the Bill at the Mbombela Local Municipality civic centre yesterday marking the first of the public hearings legs on the Bill in the Mpumalanga Province.
According to participants clauses contained in Chapter 7 of the Bill will provide the required deterrent against males inclined to continue the practice of ukuthwala. Also, some participants welcomed the extension of imprisonment to five years to anyone who marries someone without their consent.
There were some concerns raised by marriage officers and prospective marriage officers that the Bill is not practical and does not address lived realities. They argued that it will be impossible for marriage officers to ascertain mental impairment in prospective spouses.
They pointed out that they are not trained and capable to make determinations of that kind and that will cause them to make mistakes and be subjected to penalties that are spelt out in Chapter 7.
A call was made that the Bill must include specific requirements and that there must be a probationary period in which a foreign national waits before marrying a South African. This argument was based on concerns that there is currently an increased abuse of the marriage provision for foreign nationals to regularise their stay in the country. The call for a probationary timeline, according to participants, was necessary for the department to ascertain the suitability of the marriage.
Marriage officers also highlighted that the Bill is silent on how marriage officers, for example, traditional and Khoi-San Councils, will verify the authenticity of requirements as contained in clause (5) (4) of the Bill which require any foreign national to provide an apostilled letter of non-impediment from the relevant authority of his or her country of origin.
There was unanimous support for the proposal that the legal age for marriage be increased. In spite of the support from some participants, there were participants who proposed that the Bill increase the age limit to at least 21 years, an age they believed as an appropriate age to enter into marriage and cope with its inadvertent realities.
The recognition of same sex marriages came under intensive scrutiny during the hearings with some objecting while others supported the provision on it. Those against, highlighted religious and cultural grounds for their objections. Those in support, highlighted that South Africans have rights to choose the lifestyle and marriage that make them happy and that no one has a right to choose for them.
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The Chairperson of the committee, Mr Chabane appreciated all the inputs made in Mbombela and assured participants that all their submissions will be considered. The committee will today move to Ermelo to conduct the second public participation process in Mpumalanga. The committee encourages residents to attend and make submissions on the Bill.
Details of the Mpumalanga hearings are as follows: -
DATE
DISTRICT MUNICIPALITY
LOCAL MUNICIPALITY
Proposed venue
TIME
Saturday, 5 April
Gert Sibande District Municipality
Msukaligwa Local Municipality
(Ermelo)
Gert Sibande Chamber
10:00 - 15:00
Sunday, 6 April
Nkangala District Municipality
Emalahleni Municipality
(Witbank)
Klarinet
Community
Hall. Ext 6
10:00 - 15:00
