South Africa's proposed new marriage law seeks to combine the country's existing marriage laws into one legal framework and recognise marriages entered into according to different religious and cultural customs. The Marriage Bill (B43-2023) is not yet law and is still being discussed in the parliamentary process. The bill proposes, among other things, that people who marry must be at least 18 years old.
The bill deals with, among other things, the recognition and registration of marriages, marriage officers, the legal consequences of marriages and their termination. Mosa Chabane, chairperson of parliament's portfolio committee on domestic affairs, confirmed on 6 February that nationwide public hearings on the bill have been completed. The committee received submissions from, among others, religious organisations, traditional leaders, women, young people and the LGBTQI+ community.
Some participants expressed concern that a single legal framework would not sufficiently account for cultural and religious differences. There was also support for a minimum marriage age of 18 years, although some participants suggested it be raised to 21 years. The committee indicated that the submissions would be consolidated and the bill would receive further consideration. The bill also contains provisions on monogamous and polygamous marriages. The precise provisions and the eventual content of the law may, however, change as the parliamentary process continues.
Parliament's weekly programme for 30 September 2026 indicated that the committee on domestic affairs would discuss a legal opinion on clause six of the bill. This means the bill's provisions and legal implications were still under consideration. South Africans should therefore not regard the proposed provisions as already law.
Sources: Parliament, Parliament, Parliament, Marriage Bill B43-2023, Domestic Affairs
This article is an automatic English translation of a Nuusflits article originally published in Afrikaans. Read the Afrikaans original.
