The Department of Home Affairs put out a concept paper in September 2019 for the development and introduction of a new marriage policy to address and engage with stakeholders with respect to outstanding concerns with respect to marriage laws in a valiant attempt to create “a new single or omnibus legislation” regulating all marriages in accordance with the modern and constitutional values of South Africa.
The original September 2019 concept paper can be found here:
It is reported that the COVID-19 pandemic had unfortunately delayed the progress with the introduction of this new marriage policy, as per a parliamentary presentation on 06 October 2020 where it was said the policy was meant to be gazetted for public consultation in 2020/2021 and submitted to Cabinet by 31 March 2021.
Nevertheless, South Africa’s marriage laws are still in the process of being developed by two previous Bills which are currently in Parliament: the Civil Union Amendment Bill (B11-2018) and the Recognition of Customary Marriages Amendment Bill (B12-2019).
The Civil Union Amendment Bill aims to prevent situations where there is no available marriage officer to solemnise a civil union and to remove prior exemptions granted by the Minister of Home Affairs to marriage officers who objected to solemnise civil unions of same-sex partnerships, which is not in accordance with the Constitution in that it allows for discrimination based on sexual orientation.
You can read the latest available version (accessed October 2020) here:
The Recognition of Customary Marriages Amendment Bill aims to develop the law in accordance with, and give effect to, two Constitutional Court judgments relating to the proprietary consequences of polygamous customary marriages in particular.
You can read the latest available version (accessed October 2020) here:
What developments in South African marriage law do you believe are necessary, whether it has to do with same-sex marriage, customary marriage, religious marriage, marriage to foreign citizens or any other issue you believe to be pertinent in our modern constitutional era?
Author – Murray Taylor
