A new bill to change South Africa’s marriage laws is waiting for approval from the National Assembly. This bill aims to create a single set of rules for all marriages, no matter the cultural or religious background, ensuring that all spouses are treated fairly.
The proposed law combines three existing laws: the Marriage Act for monogamous marriages between opposite-sex couples, the Recognition of Customary Marriages Act for marriages under African customary law (including polygamous unions), and the Civil Union Act for partnerships for both same-sex and opposite-sex couples.
One major change in the bill is raising the legal marriage age to 18. This would align South Africa’s laws with international standards and protect children’s rights. Currently, girls can marry at 12 and boys at 14 with consent from parents or court officials. Under the new law, it would be illegal to marry a child.
While many people see these changes as positive steps toward equality, experts have raised concerns, especially about customary marriages. One issue is that cohabiting couples and unmarried partnerships would not receive legal protection. Another point of contention is that the bill does not allow polyandrous marriages, where a woman can have multiple husbands, while still allowing polygamous marriages for men.
This proposed marriage bill is an important move toward recognizing different types of relationships in South Africa. However, experts believe it will be hard to create laws that work for all cultural and religious practices given the country’s diversity.
As South Africa works on these reforms, it aims to create a fairer and more inclusive marriage system. These changes, along with updates to laws about property in marriages, are just the start of a broader change in the country’s marriage laws.
