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The residents of eThekwini Metropolitan Municipality, a majority of them women, have cautioned that the Marriage Bill discriminates against women. The residents made their observations during the last public hearings sessions of the Bill in KwaZulu-Natal held at the Umkhombaan Community Hall in Durban yesterday.

A number of participants argued that by codifying only polygamy, the Bill protects only the interests of men. Participants questioned why the Bill does not include provisions for polyandry, which would allow women to marry multiple partners. Furthermore, there was concern from women that the requirements for a husband to enter into a polygamous marriage could potentially expose them to abuse, if they are unwilling to give written consent as required by the clause 6(2).

While some participants welcomed provisions setting out the requirement for a foreign national to enter into a marriage with a South African, they questioned how the Department of Home Affairs will verify the authenticity of the required letter of non-impediment, which the provisions say must come from a relevant authority of the immigrant’s country of origin.

There was also a view in the public hearings that the Bill is silent on the protection of property rights of cohabiting partners, something participants called to be included. They argued that partners intending to marry might delay doing so for various reasons, such as difficult economic conditions, and if one of the couple then dies, the remaining partner often faces challenges with family members of the deceased taking property without due consideration of the contributions by the remaining partner.

Meanwhile, there was general appreciation of the Bill’s intention to protect children from early marriage, but a number of participants called for the age limit to be increased to 21 to ensure that individuals entering a marriage are emotionally mature and financially established to withstand the rigours of marriage.

In addition, some participants underlined the concern that the Bill does not specify the amount for fines for contravention of any provision of the Bill. There was a view that merely mentioning the fine is not a deterrent and that amendments should be made to include specific amounts for fines that will be imposed.

The majority of faith-based organisations highlighted their rejection of the Bill based on the view that the Bill seeks to redefine marriage, taking it away from its biblical definition. Participants argued that the state has the moral duty to uphold the wishes of the majority and that the Bill, in its current form, intends to appease a minority.

Some of the clauses faith-based organisations are against include provisions on same-sex marriage and polygamy. They argued that these forms of marriage go against religious beliefs and could lead to the disintegration of the family unit.

Despite these objections, there was a view that in a democratic country every individual has the right to choose and that people should not criticise individual choices that do not affect them directly.

The committee thanked all the participants in the public hearings in the three districts visited. “The quality of inputs received has empowered us to reflect substantively on the Bill and when we make decisions, we will be guided by what we have heard over the three days. We must reiterate that this was not a tick-box exercise but a genuine attempt to get views of the people about the Bill. We will consider every submission irrespective of its stance for or against the Bill,” said Mr Mosa Chabane, the Chairperson of the committee.

Following the conclusion of the KZN public hearings, the committee will hold similar sessions in the Eastern Cape on a date to be communicated soon.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Home Affairs, Mosa Chabene