South Africa: Lenyenye Residents Call for Tighter Regulation of Marriages Between South African Citizens and Foreign Nationals

press release

Residents of the Mopani District Municipality have called for the proposed Marriage Bill to introduce tighter measures to regulate marriages between the South African citizens and foreign nationals, and they cited concerns over the prevalence of fraudulent marriages.

This view was expressed during public hearings held at the Lenyenye Community Hall. The residents argued that the Bill should include stricter provisions such as clearly defined timelines for marriage verification. They noted that such timelines would allow the Department of Home Affairs sufficient opportunity to verify apostilled letters confirming that foreign nationals are not married in their countries of origin.

Participants told the committee that many South African women succumb to the pressure of poverty and other negative socio-economic realities under which they live and end up in fraudulent marriages, often unaware about legal implications. They believed that tighter legislative measures would help deal with this trend.

Participants also welcomed the Bill's intention to designate traditional leaders as marriage officers, particularly given their significant role in rural communities. Furthermore, they called for stronger collaboration between traditional leadership institutions and the Department of Home Affairs to ensure that marriages conducted by traditional leaders are not duplicated under other marriage regimes and they argued that, that would help prevent dual marriages that could result in legal disputes.

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Meanwhile, residents supported the proposal to raise the minimum age of consent for marriage but argued that 18 years remains too young. Participants contended that children should be protected, allowed to complete their schooling, and only then be permitted to enter into marriage.

Strong views were expressed regarding same-sex marriages, with the majority of participants stating that such unions contradict their religious beliefs and cultural norms. However, some participants opposed this view, arguing that same-sex marriages are protected under the Constitution and that all South Africans have the right to choose whom they love and marry.

Some participants also voiced support for the Bill on the grounds that it seeks to place customary marriages on an equal footing with civil marriages. In addition, there was support for polygamous marriages, provided that men can demonstrate their ability to financially support multiple spouses.

Despite this, many participants objected to polyandry, even though it does not form part of the Bill. Committee Chairperson, Mr Mosa Chabane, clarified that the clause on polyandry, which was included during the white paper process, is not in the final Bill.

The committee will continue its public participation process today at the George Phadagi Town Hall in Thohoyandou. Residents in remaining areas of Limpopo are encouraged to attend the hearings and actively participate in shaping the legislation.

"Public hearings are not a tick-box exercise. They are a vital platform to ensure that the voices of ordinary South Africans are heard and reflected in the laws passed by Parliament," Mr Chabane said.

DATE

DISTRICT MUNICIPALITY

LOCAL MUNICIPALITY

Proposed venue

TIME

3 February

Vhembe District Municipality

Languages:

Tshivenda, Xitsonga, English, and Afrikaans

Thulamela Local Municipality

(Thohoyandou)

George Phadagi Town Hall

10:00 - 15:00

5 February

Sekhukhune District Municipality

Languages: Sepedi, English, IsiNdebele, and Afrikaans.

Elias Motsoaledi Local Municipality

(Groblersdal)

Apostolic Faith Mission of South Africa. Tafelkop.

10:00 - 15:00

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