The Marriage Bill: South Africans call for change in age of consent and recognition of Muslim marriages
Image: Sigciniwe
The Portfolio Committee on Home Affairs has wrapped up its North West leg of public hearings regarding the Marriage Bill.
This marks the fifth province in a national consultation initiative, following sessions in Gauteng, KwaZulu-Natal, Eastern Cape, and Mpumalanga, aimed at gathering widespread input on the pivotal draft legislation.
The committee convened at the Vryburg Banquet Hall in the Dr Ruth Segomotsi Mompati District Municipality. The atmosphere was charged with enthusiasm, as members of the public, political parties, religious representatives, non-governmental organisations, and members of the LGBTQI+ community came together to express their views.
The overall sentiment among attendees leaned towards support for the Bill, particularly its intention to consolidate existing marriage laws into a unified framework, as well as its aim to recognise Muslim marriages that had previously been overlooked in legislation.
Many citizens voiced their concerns, particularly regarding the proposed age of consent set at 18 for marriage.
A common thread in today's discussions suggested this age be raised to 21, with attendees arguing that young adults at 18 are often still completing their education and should not be burdened with the responsibilities of marriage.
Additionally, there were passionate calls from the audience for stricter penalties, including severe prison sentences for those facilitating underage marriages and for parents who agree to marry off their children below the legal age.
Concerns were raised that poverty was a significant factor pushing families into early marriages.
Religious sentiments also featured prominently during the hearings, with many leaders opposing clauses related to same-sex marriage. These objections were often based on biblical scripture and a belief that same-sex marriages threaten procreation and traditional family structures.
However, members of the community urged caution against allowing religious beliefs to limit others' rights to love and marry freely.
Proposals for amendments to the Bill were abundant, with some suggesting provisions to protect cohabiting couples, commonly known as 'vat en sit'.
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Others recalled discussions around polygamous marriages, advocating that husbands must seek the consent of their first wives prior to marrying again—a point noted as already addressed in the draft Bill.
Chairperson, Mosa Chabane thanked all participants for their contributions, noting the immense value of public input in shaping the future of marriage legislation in South Africa. 'We thank the public, religious community, political parties, NGOs, and everyone who has contributed to this discussion. We welcome all your valuable inputs,' she stated.
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