A new policy is in the works at the Department of Home Affairs (DHA) that will bring changes to marriage laws in South Africa.

The DHA, during a presentation to parliament, argued that the existing policies which deal with marriages are not rooted in consitutional values such as nondiscrimination and equality.

According to Business Tech, the DHA said that while there have been many changes since 1994, there are still many flaws in the existing legislation. “For instance, the current legislation does not regulate some religious marriages such as the Hindu, Muslim and other customary marriages that are practised in some African or royal families,” they said.

They acknowlegded that due to the diversity in this country, it would be very difficult to draw up laws which regulate every existing cultural marriage. However, they have begun a process of creating a marriage policy which they hope will “lay a policy foundation for drafting a new single or omnibus legislation.”

Business Tech reported some of the key changes which will be instituted by the policy:

• The new Marriage Act will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages;

• The introduction of strict rules around the age of marriage (including the alignment of age of majority in the marriage legislation to the Children’s Act);

• It will align the marriage, matrimonial property and divorce legislation to address matrimonial property and intestate succession matters in the event of the marriage dissolution;

• It will allow for equitable treatment and respect for religious and customary beliefs in line with Section 15 of the Constitution.

• It will deal with the solemnisation and registration of marriages that involve foreign nationals;

• It will deal with the solemnisation and registration of customary marriages that involve non-citizens especially cross-border communities or citizens of our neighbouring countries.

The DHA said that the new policy is to be gazetted in the 2020/21 financial year, for the purpose of consultation from the public. Thereafter, it will be submitted to cabinet by the end of March 2021, in order to be approved.

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