Marriage Bill [B43-2023]: Public Consultation and Legislative Update

Posted 31 January 2026 Written by Acts Online
Category Family Law

Brought to you by SA Legal Academy: The National Assembly’s Portfolio Committee on Home Affairs is currently processing the Marriage Bill [B43-2023], with public hearings expected to conclude in Limpopo during the first week of February 2026.

The Marriage Bill, originally tabled in December 2023 and revived in July 2024, is a section 76 piece of legislation designed to harmonise existing marriage laws into a single statute. The Bill aims to provide a unified legal framework for civil, customary, and religious marriages, irrespective of sexual orientation, religious belief, or cultural practice. As a section 76 Bill, it will require concurrence from the National Council of Provinces (NCOP) and may be subject to further hearings by provincial legislatures.

Key Regulatory Issues and Public Input

During the public participation process and oral representations made in December 2025, several substantive legal and compliance concerns were raised regarding the current draft of the Marriage Bill [B43-2023]:

  • Recognition of Religious Marriages: Stakeholders have highlighted the Bill’s perceived failure to adequately address the specificities of Muslim marriages under Sharia law.
  • Customary Marriage Provisions: Submissions have called for the Bill to explicitly ensure equal status for wives in customary unions and to simplify registration requirements.
  • Sub-clause 6(2)(a): Concerns exist regarding the workability and constitutionality of this sub-clause, particularly regarding the ability of women in certain cultural contexts to negotiate marriage terms.
  • Child Marriage Prohibitions: The Bill proposes a minimum marriageable age of 18. However, participants noted a potential legal anomaly between this requirement and the legal age for sexual consent (16) under existing law.
  • Polyandry: Submissions included requests for the Bill to provide for polyandry in addition to polygamy to ensure gender equality.

Following the conclusion of the provincial hearings in February 2026, the committee support staff will prepare a summary of input for presentation to the Portfolio Committee. The Department of Home Affairs will then be invited to respond to the public’s concerns and suggestions before the committee proceeds with formal deliberations on the final text of the Bill.

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

  • For yourself: No immediate personal compliance obligation; however, legal professionals should monitor the potential shift toward a single marriage statute for future personal estate planning and marital regime considerations.
  • For your business: Firms specializing in family law, estate planning, or fiduciary services must prepare for the eventual repeal or substantial amendment of the Marriage Act, No. 25 of 1961 and the Recognition of Customary Marriages Act, No. 120 of 1998.
  • For your clients: Clients in customary or religious marriages may face new registration requirements and changes to the legal recognition of their unions, potentially impacting their proprietary rights and inheritance claims once the harmonised framework is enacted.

Originally published at https://legalacademy.co.za/news/read/in-the-spotlight

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