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MARRIAGE BILL SUBMITTED TO PARLIAMENT
- 13 December 2023
- Parliament
- SA Legal Academy
Please note: On 13 December 2023, the Bill’s explanatory summary was gazetted in anticipation of its formal introduction in Parliament.
Parliament’s long festive season recess notwithstanding, Bill-related administrative processes do occasionally move forward behind the scenes – the latest being the submission of a draft Marriage Bill for information and planning purposes. Yet to be certified by the Office of the Chief State Law Adviser and formally introduced, the draft Bill was approved by Cabinet on 29 November 2023 for tabling in Parliament.
According to recently circulated parliamentary papers, the proposed new piece of legislation has been sent to the National Assembly and NCOP committees to be charged with processing it once formally introduced – presumably with the intention of ensuring that the Bill is passed by both Houses before Parliament rises for the 2024 elections.
Released in July 2023 for public comment, once passed, enacted and operationalised the Marriage Bill is expected to go some way towards ensuring that:
- the principal statute ‘respects’ all religious and traditional belief systems
- ‘all marriages are concluded in accordance with the principles of equality, non-discrimination and human dignity, as provided for in the Constitution’, and that
- measures are in place ‘to prevent unions such as child marriages and those done without the consent of the other party’.
This is according to a media statement on the Cabinet meeting at which the draft Bill was approved.
At the time of writing, the version submitted to Parliament was not available. This is noting that:
- in all likelihood, the draft released in July 2023 for comment has since been revised, and that
- a Registration of Muslim Marriages Bill tabled in November 2022 by Al-Jama-ah leader Ganief Hendricks has been withdrawn to make way for the draft Marriage Amendment Bill.
Please click the links below for more information:
- parliamentary papers
- Cabinet media statement
- July 2023 draft Bill released for comment and probably since revised
Published by SA Legal Academy Policy Watch