Allowed to only marry at 21? Home Affairs marriage bill sparks fierce debate

Psychology experts and community members weighed in on South Africa’s proposed Marriage Bill, especially on its outline for the appropriate age to get married.

The current draft bill proposes that the legal age to marry should be 18.

The portfolio committee on home affairs recently conducted three public hearings on the Marriage Bill in Mpumalanga, which drew mixed responses from community members.

The hearings, held from 4 April to 6 April in Mbombela, Ermelo, and Witbank, focused particularly on the legal age for marriage and the implications for cultural practices.

Marriage Bill: Child marriage forces children to be ‘pseudo adults’

Speaking to The Citizen, Shaheda Omar, clinical director for the Teddy Bear Foundation, highlighted the severe psychological impact of child marriage.

“They are robbed of their childhood, the opportunity to be a child, to play, to laugh, to engage with other children,” Omar told The Citizen on Wednesday.

“In a marriage situation, all that changes, and they are suddenly expected to fulfil certain roles, certain responsibilities.”

Omar emphasised that children in these situations become “pseudo adults” and are forced to engage in adult relationships prematurely.

She said the expectations of children in these marriages were unrealistic and demanding to the victims, adding that they were not prepared for the journey.

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Community reactions to the Marriage Bill

Many residents in the greater Ehlanzeni District Municipality believe the Marriage Bill will help end the practice of “Ukuthwala”, where young girls are often forced into marrying older males.

Participants welcomed provisions in Chapter 7 of the Bill that extend imprisonment to five years for anyone who marries someone without their consent.

However, some marriage officers raised concerns about the Bill’s implementation.

They argued it would be impossible for them to determine mental impairment in prospective spouses, noting they lack training to make such assessments.

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Disagreement over minimum marriage age

The minimum age for marriage sparked significant debate across all three hearings.

While the Bill proposes setting the legal age at 18, many participants advocated raising it to 21 or even 25 years.

Those favouring a higher age limit argued that 18-year-olds lack maturity and should focus on education rather than marriage.

When asked about the appropriate legal age for marriage, Omar supported increasing it beyond 18 years.

“The prefrontal cortex continues to develop until the age of 25. So 18 is still young. They’re still in their teens; they’re still in that fun-filled phase of their lives.

“They’re not ready or prepared to undertake this level of a serious engagement and responsibilities,” said Omar.

“We would, as Teddy Bear Foundation, be in support of increasing it to 21.”

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Inconsistencies in marriage and sexual participation legal age

Others pointed out a legislative inconsistency between the proposed Marriage Bill and amendments to the Sexual Offences Act.

The community members said having a legal marriage age of 18 would be at odds with laws that allow a person to have sex at 16, arguing that it created a confusing legal framework.

However, the Act puts the age of sexual consent at 16 but allows for consensual sex only for those with an age gap of two years or less.

Omar agreed, stating that legislation should have synergy that does not create loopholes that could harm children.

“The different government departments need to sit around the table and look at the discrepancies between these different pieces of legislation because it is a huge contradiction,” she stated.

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Women’s rights in polygamous marriages

In Ermelo, women expressed strong support for provisions requiring men to obtain written consent from existing wives before entering into polygamous marriages.

“The implementation of the Bill will increase the recognition of women by men,” noted female participants at the Gert Sibande District Municipality hearings.

They viewed the consent requirement as elevating women’s status and preventing unnecessary polygamous arrangements.

Male participants, however, contended that this provision undermines cultural traditions.

They argued that it represents an imposition of Western values on indigenous cultural practices and could threaten the traditional fabric of marriage.

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Cultural and religious considerations

Some participants from the Muslim community expressed reservations about how the Bill addresses religious marriages.

While they welcomed legal recognition of Muslim marriages, they worried the Bill might not fully align with Islamic law.

“The Bill does not recognise Muslim marriages in accordance with Islamic law,” argued some Muslim community members, who felt the legislation effectively converts Muslim marriages into civil marriages without respecting their unique Personal Law system.

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Omar highlighted the importance of engaging traditional and religious leaders in these discussions.

“It’s very important to bring in traditional leaders, to bring in faith-based organisations in these discussions because the most important thing here is to promote the best interest of the child,” she said.

Having concluded public hearings in Gauteng, KwaZulu-Natal, Eastern Cape, and Mpumalanga, the committee plans to announce dates for hearings in the remaining five provinces.

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