The Portfolio Committee on Home Affairs has concluded its provincial public participation process on the Marriage Bill. The committee is satisfied that the quality, depth and breadth of the engagements have adequately equipped Members of Parliament with the lived experiences and perspectives necessary to strengthen and refine the Bill.
"The people of South Africa have spoken, and the committee has listened. The views expressed by a wide range of stakeholders, including young and older persons, women and men, the LGBTQI+ community, traditional leadership and faith-based organisations. The committee will carefully look at the submissions made by all stakeholders within the framework of the Constitution of the Republic," said Mr Mosa Chabane, the committee Chairperson.
The final public hearing was held at the Apostolic Faith Mission of South Africa in Tafelkop.
In the greater Sekhukhune District Municipality, participants generally expressed support for the Bill, while raising concerns regarding its practical implications for African customs and cultural practices. A key issue raised was the non-recognition of certain Bapedi marriage regimes within the Bill. Participants called for the inclusion of customary marriage practices such as Seantlo (where a man marries his deceased wife's sister) and Ngwetsi ya lapa (where a woman marries into a family without a male heir). Concerns were also raised regarding provisions that prohibit marriage between relatives, noting that Bapedi customary law permits marriage between cousins.
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Faith-based leaders expressed concern that the Bill does not sufficiently protect marriage officers. They called for clear and explicit provisions safeguarding marriage officers who decline to solemnise marriages that conflict with their religious beliefs. Participants further raised concerns about the practicality of implementation, particularly the requirement for marriage officers to determine whether prospective spouses are of sound mind or are free from the effects of alcohol or other debilitating substances.
Some participants cautioned against the rationalisation of all marriages under a single legislative framework, arguing that such an approach may inadequately recognise and protect marriages grounded in diverse cultural and religious traditions. They maintained that this could undermine South Africa's constitutional commitment to cultural and religious diversity.
There was broad support for increasing the age of consent to enter into marriage. However, divergent views were expressed regarding the proposal to set the age at 18 years of age, with some participants recommending that the age of consent be increased to at least 21 years. This position was premised on the view that young people require additional time to attain emotional and financial maturity before entering into marriage.
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The committee expressed its appreciation to all stakeholders who participated in the public hearings. "The contributions received have significantly enhanced the quality of the Bill. This reflects the intention of the drafters of the Constitution in entrenching public participation as a fundamental constitutional principle," said Mr Chabane.
The committee will now consolidate all submissions received during the public participation process into a comprehensive report. These submissions will inform the committee's deliberations on the Bill, and the committee will also solicit responses from relevant government departments on the matters raised.
