The new Marriage Bill aims to bring all marriages, irrespective of sexual orientation, religious beliefs, or cultural practices, under a single law. Picture: Itumeleng English
Image: Itumeleng English
CHILD rights advocates have welcomed the new Marriage Bill that aims to ban marriages of under 18s.
Childline KZN Director Adeshini Naicker said the Bill will help ensure that children are not subjected to forced marriages.
“This is a critical step in protecting children from the harmful effects of early marriage,” Naicker said.
Members of the Home Affairs Portfolio Committee visited KwaZulu-Natal in the past few weeks to engage in public hearings about the Bill. The hearings were held in eThekwini and Zululand, among other areas.
“We believe the Bill could be strengthened by including comprehensive education programmes on children’s rights and the dangers of child marriage, along with expanded child protection services for at-risk children,” Naicker said.
“To ensure the Bill’s effectiveness, Childline KZN calls for robust enforcement mechanisms, such as strict penalties for violators and the establishment of anonymous reporting systems.”
The new Bill aims to bring all marriages, irrespective of sexual orientation, religious beliefs, or cultural practices, under a single law, ensuring all couples receive equal recognition and protection.
One of the significant provisions of the new Marriage Bill is the complete prohibition of child marriages. Currently, parents are allowed to consent to marriages of people under the age of 18.
“By outlawing child marriages, South Africa takes a vital step towards safeguarding the rights and futures of its young population,” states the document.
Other proposals in the Bill include one that compels a husband to obtain written consent from his wife/wives before entering into a polygamous marriage. It also addresses same-sex marriages.
The portfolio committee said during its meeting that the proposal to ban marriages of children under 18 had received support from communities.
“Many participants called for the age limit to be increased to 21 to ensure that individuals entering a marriage are emotionally mature and financially stable enough to withstand the rigours of marriage,” it said.
On the issue of consent for polygamy, it was noted that women raised concerns that this requirement could potentially increase gender-based violence (GBV) if the wife/wives are unwilling to consent.
“Residents of the eThekwini Municipality, a majority of whom are women, cautioned that the Marriage Bill discriminates against women. Participants argued that by codifying only polygamy, the Bill protects only the interests of men. They questioned why the Bill does not include provisions for polyandry, which would allow women to marry multiple partners,” said the committee.
The committee said most faith-based organisations were opposed to the Bill, arguing that it seeks to redefine marriage, moving away from its biblical definition.
Professor Gugu Mazibuko of the University of Johannesburg’s African Language Department said the Bill has serious shortcomings that are likely to create conflict in homes and society.
“I feel they did not do thorough research, especially in the Zulu culture, particularly regarding the issue of polygamy. Polygamy is not culture; not everyone does it. It happens when the family wants to grow bigger and have male heirs, or it happens for spiritual reasons. Now, the clause that a man must obtain consent and if the wife refuses, the man can appeal that refusal, creates conflict.”
On the issue of same-sex marriages, she remarked that the language should have been clear-cut. “It says that a pastor may decline to marry people of the same sex if it goes against his conviction; that just opens the door for the pastor to be accused of dividing communities.”
The Commission for Gender Equality expressed its support for the unification of marriage laws into one law, saying this is essential for removing discrimination regarding marriage recognition.
The Nazareth Baptist Church, also known as the Shembe church, said its rules align with the Marriage Bill. Thokozani Mncwabe from the church’s Ebuhleni branch said that within the church, people are not permitted to marry anyone under the age of 18. If a man wishes to take a second wife, he must first consult his first wife.