South Africa's marriage laws are changing: What you need to know

South Africa’s marriage laws are changing: What you need to know

SA’s Marriage Bill is under review, with debates around age limits, same-sex unions and fraudulent marriages being held in public hearings.

South African marriage laws are changing. Image: Pexels

Parliament’s Portfolio Committee on Home Affairs is leading a major shift in South Africa’s marriage laws as it moves to unify all existing marriage legislation under a single Act.

Legal Age of Marriage Under Review

In a press statement, it was revealed that South Africans are debating the proposed Marriage Bill, calling for the raising of the legal age of marriage from 18 to 21.

Currently, minors under 18 can marry under certain conditions, while customary and civil law allows girls as young as 12 and boys as young as 14 to wed.

The Bill proposes raising the age to 18 for both sexes.

However, public consultations show many think 18 is still too young.

Community members argue that 18-year-olds often remain in school, lack financial independence and may not be mature enough for marriage.

Portfolio committee chairperson, Mosa Chabane, acknowledged these concerns, saying: “The issue has been raised repeatedly across different provinces.”

Same-Sex Marriage Recognition Sparks Debate

The Bill also seeks to fully integrate same-sex marriages into the legal framework, merging the Civil Union Act with other marriage laws.

Same-sex unions are already legal but consolidating them under one Act has sparked resistance.

Religious and traditional communities have strongly opposed this move.

BusinessTech reported that many older men and religious groups have voiced opposition to same-sex marriages, citing cultural and religious beliefs.

Chabane noted a shift among some religious leaders, with a few now supporting the legislation’s inclusivity.

What Happens Next?

The portfolio committee is continuing its nationwide public consultations and has already held hearings in Gauteng, KwaZulu-Natal and the Eastern Cape.

The committee is planning to hold hearings for the Free State, Northern Cape and North West, allowing South Africans from all backgrounds to voice their opinions.

Chabane has emphasised that the committee has not made a final decision and will carefully consider all public submissions before finalising the Bill for debate.