Marriage Bill | Communities call for stricter measures for marriages between locals and foreign nationals



At the recent public hearings on the Marriage Bill held at the Toronto Recreation Centre in Welkom, residents of the Greater Lejweleputswa District Municipality voiced their concerns over the rise of marriages of convenience between foreign nationals and South Africans.

This was the second of three public hearings in the Free State, where community members presented a robust call for stricter measures to verify the authenticity of marriages, fearing that fraudulent entries could compromise the integrity of the national register.

Participants echoed a collective apprehension regarding the troubling trend of marriages that, they argued, are not motivated by genuine intentions.

“It is essential that the Bill outlines a clear process to distinguish authentic unions from those undermined by nefarious motives,” said one attendee.

The committee has previously heard similar concerns in other provinces and has urged the Department of Home Affairs to take immediate action to investigate these claims comprehensively.

In addition to concerns over fraudulent marriages, the hearings have also revealed a variety of differing opinions regarding the alignment of the Marriage Bill with the South African Constitution. Some participants expressed that integrating different marriage laws into a single statute may infringe upon the constitutional right to choose.

When it came to polygamous marriages, the views proved equally divided. Advocates for polygamy highlighted its historical significance within African communities, asserting that formal recognition within the legal framework could provide much-needed certainty.

Conversely, opponents raised concerns over sustainability and potential conflicts, particularly regarding property rights, and called for a ban on such arrangements.

The discussion also ventured into the contentious issue of same-sex marriages, with representatives from various faith-based organisations opposing the recognition of these unions based on religious teachings.

However, proponents of same-sex marriage adamantly argued for the constitutional rights of all citizens to love and marry whomever they choose. The committee expressed disappointment over instances of perceived discrimination against same-sex couples, reiterating the importance of protecting the Constitutional rights of every South African.

Another area of debate focused on the legal age of consent, with some participants supporting the established threshold of 18 years, while others contended that younger individuals should complete their educational pathways before entering marriage.

Marriage officers also raised a significant concern about potential repercussions they might face should they refuse to solemnise marriages that conflict with their personal beliefs.

Many called for clearly defined protections for these officers, as well as a comprehensive rollout plan for the training of new marriage officers in alignment with the provisions of the Bill.

With the final hearings on the Marriage Bill set to take place today in the Thabo Mofutsanyane District Municipality, the committee has urged residents to attend and share their insights concerning this pivotal legislation.

IOL



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