Marriage Bill: Constitutional Concerns Over Clause 6(2)(a)

Posted 17 September 2025 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: The Marriage Bill faces potential constitutional challenges following a report from the Office of the Chief State Law Adviser regarding the specific requirements for polygamous marriages within royal families.

In a presentation by the Department of Justice & Constitutional Development to the National Assembly’s Home Affairs Committee, the Office of the Chief State Law Adviser (OCSLA) indicated that sub-clause 6(2)(a) of the Marriage Bill may not pass constitutional muster. This specific provision requires a husband who is a member of a royal family and intends to enter into a ‘further marriage’ to obtain consent from existing wives, informed by the ‘customs and conditions’ of that specific family.

The Home Affairs Committee noted that the Department of Home Affairs failed to receive formal certification on the constitutionality of the Bill from the OCSLA before it was tabled in Parliament. This procedural oversight has resulted in the provision being flagged for further scrutiny during the legislative process.

The current status of the Marriage Bill involves the following regulatory steps:

  • A nationwide public participation process currently under way to gather stakeholder input on the proposed unified marriage framework.
  • Scheduled parliamentary hearings to address the flagged constitutional concerns regarding Clause 6.
  • A review of the Bill’s alignment with the Bill of Rights, specifically concerning equality and the rights of women within customary structures.

What this means for you, your business, or your clients

  • For yourself: Monitor the legislative track of the Marriage Bill to understand the shifting landscape of marital recognition and the eventual repeal of existing statutes like the Marriage Act, No. 25 of 1961.
  • For your business: Update internal compliance checklists for family law practices to reflect that polygamous marriage requirements for royal family members are currently contested and subject to amendment.
  • For your clients: Advise clients involved in customary or royal marriages that the proposed consent protocols in Clause 6(2)(a) are under constitutional scrutiny and may not be implemented in their current form.

Originally published at https://legalacademy.co.za/news/read/marriage-bill-clause-6-a-concern-chief-state-law-adviser

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