South Africa’s New Marriage Bill Faces Backlash Over Religion, Gender, and Child Protection

The government’s attempt to modernise South Africa’s marriage laws has hit a storm of criticism from the public, as the proposed Marriage Bill faces backlash over religion, gender inclusivity, and the protection of minors.

A Push For One Unified Law

The Department of Home Affairs’ new Marriage Bill aims to replace the country’s three existing marriage laws with a single, inclusive system that recognises all unions civil, customary, and religious regardless of gender, culture, or belief.

It’s being hailed as a milestone in South Africa’s evolving democracy, designed to treat all marriages equally before the law. But as the Bill enters its public consultation phase, it’s clear that not everyone agrees on what “equality” should look like.

The first hearings, held in Knysna in the Western Cape, drew emotional responses from community members who fear that the Bill may trample on religious traditions and fail to close loopholes around child protection and immigration abuse.

Religious Concerns Take Centre Stage

Among the most vocal critics were members of the Muslim community from the Garden Route District, who argued that the Bill could undermine their faith.

They said Islamic marriages, which are guided by divine law, risk being relegated to the level of “human-made” legislation if governed under the new system. For many, this would be a violation of their constitutional right to religious freedom.

Some participants also raised concerns about clauses that require the first wife’s written consent in polygamous marriages, arguing that this conflicts with Islamic principles, where each marriage holds equal validity and status.

Others countered that the Bill’s failure to recognise polyamorous marriages while allowing polygamy is inconsistent with South Africa’s Constitution, calling for true gender and relationship inclusivity.

Protecting Children And Preventing Abuse

Beyond religious tensions, many South Africans felt the proposed Bill doesn’t go far enough to protect children and punish those who abuse the marriage system.

There were strong calls for stricter penalties for marriage officers who officiate underage or forced marriages. While the Bill aims to protect minors, critics say it lacks teeth when it comes to enforcement.

Participants also highlighted concerns about marriages of convenience particularly those involving foreign nationals urging lawmakers to strengthen regulations against marriages entered into solely to obtain South African residency.

Calls To Recognise Cohabitation

Another hot topic was cohabitation. With many couples in South Africa choosing to live together without marrying, participants argued that the Bill must adapt to modern realities.

They said failing to recognise cohabitation leaves many partners especially women and children vulnerable when it comes to inheritance and property rights. Recognising cohabitation, they argued, would provide much-needed legal protection for families outside of traditional marriage.

Is 18 Too Young To Marry?

Interestingly, there was also consensus among participants that the legal age of marriage should be revisited. Many felt that 18 is too young to make such a serious lifelong commitment, given the emotional and financial maturity required for marriage.

Lowering the age of consent was ruled out but some suggested raising it might help reduce South Africa’s rising divorce rates and protect young people from rushing into unions they’re not ready for.

What Comes Next

Public hearings on the Bill are set to continue across the country in the coming weeks. The Department of Home Affairs insists that these consultations are not just symbolic but form part of an effort to ensure every South African voice is heard.

“The public hearings are not a tick-box exercise,” said Mr Mosa Chabane, Chairperson of the Home Affairs Committee. “They are vital in shaping laws that reflect the lived experiences and beliefs of our people.”

Still, as the debate unfolds, it’s clear the Marriage Bill has exposed South Africa’s complex intersection of culture, religion, and modern identity and the challenge of finding one law that fits all.

{Source:Business Tech}

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