Proposed Marriage Bill remains a bone of contention

Legal Resources Centre’s advocate, Sheldon Magardie, says while the proposed Marriage Bill [B43-2023] aims to make marriage laws fairer and more equal for all South Africans, it remains to be seen whether it will achieve its goals in practice.

Magardie’s comments come amid growing public debate, with some social media users questioning the Bill’s blanket approach and whether it will eventually include provisions for cohabiting couples.

Combining all types of marriages under one Act was as an administrative exercise good but the reality is that each religion/tradition defines marriage, authority and source differently and as such, it will be a nightmare to reconcile the differences!

— Rev. Derrick Shezi (@DerrickShezi) August 6, 2025

The concerns come as the Home Affairs Portfolio Committee is currently conducting public hearings on the Bill across the country. This week, the committee visited the Northern Cape, following earlier consultations in Gauteng, KwaZulu-Natal, Eastern Cape, Mpumalanga, North West, and the Free State.

Currently, South African law recognizes civil, customary, polygamous, and same-sex marriages separately. The proposed Marriage Bill will recognize all marriages—regardless of culture, religion, personal beliefs, or sexual orientation—and stipulates that the legal age for marriage is 18 years.

However, Magardie highlights that the Bill’s exclusion of cohabiting couples remains a significant bone of contention.

A recent Statistics South Africa report revealed a notable decline in legal marriages, dropping from 35.6% in 1996 to 23.8% in 2022, especially among Black South Africans. The report shows that the community known historically known for a staunch belief in the nuclear family is now opting for cohabitation or remaining single.

“This is a controversial issue because although there has been legislation in the pipeline for this under the Domestic Partnerships Act, it hasn’t been given effect. So the exclusion of domestic partnerships is still a very difficult issue. Legally, domestic partnerships are recognized under the principle of universal partnerships and where, for example, the domestic partners conclude a cohabitation agreement,” said Magardie.

Magardie also notes that the Bill has not fully addressed customary and Muslim marriages, raising further concerns about equality.

Despite these gaps, he remains optimistic that public consultations will prompt Parliament to take steps toward recognizing all forms of intimate partnerships, including Muslim marriages and cohabiting couples, which remain excluded.

“So overall, much will depend on the administrative measures that are put in place to give effect to the law and whether Parliament will comply with its obligations to recognize all forms of intimate partnerships, which include Muslim marriages and domestic cohabitation arrangements.”