South Africa's new Marriage Bill raises many thorny issues - a balancing act is needed
The Department of Home Affairs has invited public comment on the Draft Marriage Bill 2022.
- The Department of Home Affairs has invited public comment on the Draft Marriage Bill 2022.
- The bill amends some marriage laws, and prescribes what’s required for marriages to be considered valid, forms of registration, and the property consequences of marriage.
- While it is innovative for bringing all forms of intimate partnerships under one piece of legislation, the bill raises thorny questions.
The thorny issues
- A couple could live together for reasons such as exorbitant rent, distance to workplaces, and prohibitively high bridewealth (ilobolo).
- The bill doesn’t recognise such intimate partnerships, which the Constitutional Court has accorded the same legal status as formal marriages.
- As the court has acknowledged, unmarried partnerships have serious implications for finances, human dignity, property ownership and child custody.
- This could affect inheritance, property and child custody because legal systems may govern these issues differently.
- If the thorny issues in the bill are not addressed, the eventual legislation could be challenged as discriminatory.
A balancing act
- The advisory committee that worked on the Single Marriage Statute (Project 144) proposed two options for regulating life partnerships in its discussion paper.
- These are a Protected Relationships Bill and a Recognition and Registration of Marriages and Life Partnerships Bill.
- Read more:
LGBTQ+ rights: African Union watchdog goes back on its own wordUltimately, new forms of relationships demand legislative recognition.