Memebers of Parliament from the Department of Home Affairs hosted a public hearing on the proposed Marriage Bill, a legislative initiative aimed at unifying and modernising the country’s marriage laws by consolidating existing marriage statuses into a single, comprehensive framework.
The hearing took place last week at Mthatha Town Hall in Mthatha.
The purpose of the Marriage Bill is to:
• Provide for the recognition of marriages;
• Rationalise the marriage laws governing various types of marriages;
• Establish requirements for both monogamous and polygamous marriages;
• Designate marriage officers;
• Regulate the solemnisation and registration of marriages;
• Address proprietary consequences and the dissolution of marriages;
• Define offences and penalties;
• Provide for related matters.
According to Thembinkosi Mnunu, the Acting Provincial Manager for Home Affairs in the Eastern Cape, the Bill will address the current challenges posed by having three separate laws: one for Civil Marriages, another for the recognition of the Customary Marriage Act, and a third for Civil Unions (including same-sex unions).
“There were also some programmes that were not recognised under these types of marriages. For instance, Muslim marriages were not acknowledged. Couples in such marriages found it difficult to benefit from programmes designed for married people,” said Mnunu.
He added that the Bill seeks to close these gaps by creating a unified marriage framework that combines religious marriages, customary marriages, and Civil Marriages.
This framework will also facilitate the management and appointment of Marriage Officers, who will be designated by the Director-General.
These officers will include individuals from affected areas, such as Traditional Leaders and Ministries. Mnunu emphasised that the requirements for marriage under the new framework are straightforward.
He confirmed that individuals intending to marry will need to present an Identity Document, Passport, Birth Certificate, or a permit confirming their legal status in the country.
“We believe these measures are clear and will assist us moving forward. Previously, we faced challenges where one person in a marriage had an Identity Document, while the other only had a date of birth. Now, if one partner has an ID, the other will have the opportunity to obtain one, making it easier to link all married individuals,” he explained.
Community members were given the opportunity to voice their opinions during the hearing.
Chief Bhovulengwe Mtikrakra expressed his support, stating, “At least something is being done. There are challenges raised here, especially by Christians, and we hope Parliament will listen to the voices of the people. There is freedom of speech, freedom of association, and freedom to do what one wishes. If Christians and Traditional Leaders do not believe in Civil Unions, they should not be part of it. Those who do believe in them should be free to participate, as long as they do not affect others in society.”
