Ekurhuleni residents call for Marriage Bill to include provisions for ‘vat ‘n sit’ partners

Ekurhuleni residents have urged the Portfolio Committee on Home Affairs to ensure the Marriage Bill includes provisions to protect the cohabitation of partners, popularly known as vat ‘n sit.

The committee began public hearings on the Bill in Gauteng, with the Ekurhuleni session held at the Vosloorus Civic Centre Community Hall on Tuesday.

The Marriage Bill seeks to harmonise all the different marriage laws – the Marriage Act, Recognition of Customary Marriages Act and Civil Union Act – into one, accommodating all cultures and religious beliefs.

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While residents acknowledged the value of marriage, they highlighted the reality that many people live together without being legally married.

“They argued that due to a lack of legal protection of this living arrangement, many women and children are put at risk when the arrangement is dissolved, either by separation or death,” said the committee on Tuesday.

“They argued strongly that the committee considers including provisions that will protect property and other rights of partners in this living arrangement.”

Currently, there is no legal recognition or protection for opposite-sex couples in permanent domestic partnerships in South Africa.

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A draft of the Domestic Partnership Bill, which sought public input in 2008, aimed to address this issue but has not yet been passed.

Marriage Bill in Tshwane

In the City of Tshwane, religious leaders and cultural activists voiced opposition to certain provisions in the Bill, such as those allowing same-sex marriage and polyandry.

Religious leaders and cultural advocates argued that these provisions undermine traditional values, as neither polyandry nor same-sex marriages are recognised in their cultural or religious practices.

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“Other critics of the draft legislation told the committee that the Bill is too liberal, and they proposed that a law must have limits, instead of allowing and legalising every societal trend. There were also those who felt there was no need for a single legislation to govern all types of marriages, as this could undermine some cultural and religious right,” said the committee.

“The religious leaders felt very strongly about proposed plans in the Bill to prevent Department of Home Affairs’ officials from refusing to conduct marriages that go against their personal beliefs, this was seen as a violation of religious rights. A proposal was made for an exemption to ensure people are not penalised for their beliefs.”

Reactions to the Bill were mixed, said the committee.

Some supported the provisions setting the legal age requirement to 18, however, others called for the legal age of marriage consent to be raised to 21 or 25, saying most 18-year-olds are still at school.

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Some criticised its silence on ukuthwala [the cultural practice of bride abduction], while others called for the Bill to provide mechanisms to deal with fraudulent marriages between South African women and foreign men.

The committee concluded the Gauteng public hearings on Tuesday and called on all interested individuals and organisations to share their views on the Bill.