DRAFT MARRIAGE BILL GAZETTED FOR PUBLIC COMMENT

DRAFT MARRIAGE BILL GAZETTED FOR PUBLIC COMMENT

• 07 July 2023
• Home Affairs
• SA Legal Academy

The Department of Home Affairs has called for input by 31 August 2023 on a draft Marriage Bill that, once operationalised, will provide for the recognition of all marriages – regardless of religious, cultural, gender-related and other persuasions underpinning a union, including sexual orientation. Such marriages would nevertheless be expected to meet certain requirements proposed in the draft Bill.

According to a media statement on the Cabinet meeting at which the draft Bill was approved for public comment, it also outlines measures intended to ‘prevent unions such as child marriages and those done in the absence of the other party’.

This is noting that the proposed new piece of legislation seeks to give effect to a White Paper on Marriages approved by Cabinet in March 2022. The White Paper has since been posted on the Department of Home Affairs website but has yet to be gazetted.

According to a media statement on the Cabinet meeting at which the White Paper was approved, it responds to ‘many court judgements’ on elements of South Africa’s prevailing marriage legislation found to be in breach of the constitutionally enshrined principles of equality, non-discrimination and human dignity.

• draft Bill
• White Paper
• media statement on 21 June 2023 Cabinet meeting
• media statement on 23 March 2022 Cabinet meeting

Published by SA Legal Academy Policy Watch

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