Big change to legal age of marriage on the cards for South Africa:
[an extract from an Article by: Malcolm Libera in: BUSINESSTECH – 22 November 2024]
South Africa is on the brink of significant changes to its marriage laws, with public consultations on the proposed Marriage Bill kicking off in Gauteng.
The process has already ignited spirited debate, particularly around the legal age for marriage and how best to address the inequalities in the current system.
The headline proposal here is to set the legal age of marriage at 18 years without exception …
This would be a significant move away from the current conditional allowance of marriage under the age of 18 for children as young as 12 for girls and 14 for boys.
At present, marriages in South Africa are regulated by three distinct laws, each tailored to different types of unions.
… The Marriage Act governs monogamous marriages between opposite-sex couples,
… The Recognition of Customary Marriages Act applies to African customary marriages, including polygynous unions, but excludes same-sex couples.
… The Civil Union Act accommodates monogamous partnerships for both same-sex and opposite-sex couples.
This fragmented approach has long been criticised for its failure to provide a unified legal framework, leading to inequality and confusion.
Contractual Capacity –
The Original, Full Article can be Viewed here → https://businesstech.co.za/news/government/800916/big-change-to-legal-age-of-marriage-on-the-cards-for-south-africa/