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A number of men participating in public hearings on the Marriage Bill at the Machibini Community Hall in Jozini welcomed the provisions in the Bill strengthening the recognition of polygamous marriages but viewed the requirement to obtain written consent from the wife as an impediment that could dilute Zulu culture.
The committee is holding three public hearings on the Bill in KwaZulu-Natal to comply with the obligation contained in Section 59 of the Constitution, which compels Parliament to enable public consultation during the law-making process.
“We have been oppressed by the previous laws for a long time. I am happy that Parliament is coming up with this Bill that will liberate males and enable them to enter into polygamous marriages. I myself am intending to take a second wife but because I had previously registered my civil marriage with my first wife, I could not register and get a marriage certificate for my second wife,” said Mr Philokuhle Zikhali during the hearings.
Many of the participants highlighted that customary marriages have long been relegated to second place behind civil marriages. They shared their hopes that the Marriage Bill will give customary marriages the same status as civil marriages and will provide marriage certificates to women in polygamous marriages that protect their property rights.
Participants in the hearings mentioned the trend in which men marry one woman traditionally in the rural area, not registering the marriage, and then seek employment in urban areas where they marry another woman in a civil marriage. In these situations, the property rights of the rural woman are undermined, participants in the hearings said, and fighting for these rights in court is impossible due to exorbitant legal costs.
Participants in the hearings also raised their strong objection to clause 6(2)(a), which compels a husband wishing to enter into a polygamous marriage to obtain written consent from his wife/wives before they enter into another marriage. Many highlighted that in Zulu culture there is an established process a man must follow before getting married to multiple wives. “The proposal made in this Bill has the potential to dilute our culture and will make it more difficult for men to enter polygamous marriages. We must not allow western laws to dilute our culture and we must leave the process as it is now,” Mr Zikhali argued.
Turning to the issue of same-sex marriages, Ms Nomathemba Mbamali said this practice goes against Zulu culture and Christian beliefs and should therefore be rejected. “I don’t know what I would do if my son brought me another male person and told me that he wants to marry them. These are western beliefs and we will not agree with them,” Ms Mbamali said.
There was also strong support for allowing traditional leaders and pastors to be designated as marriage officers. However, there was a concern that the Department of Home Affairs often frustrates the application process leading to many faith-based organisations and traditional leaders waiting for a long time to be registered.
“While we agree with provisions of Section 4 of the Bill, what is proposed in the Bill and our lived experiences are not the same. The Tembe Traditional Council of Churches has about 300 organisations it represents, but we only have about 40 registered marriage officers because the department takes long to register an application. We call on the department to expedite the application process so that more marriage officers are designated and are able to officiate marriages,” said Pastor Mthandeni Tembe.
The committee Chairperson, Mr Mosa Chabane, assured participants that the portfolio committee will raise the matter of delayed applications with the Home Affairs Director-General so that this matter can be resolved urgently.
The committee will today hold the second public hearing on the Bill at the Old Legislature Building in Ulundi.
Malatswa Molepo
25 February 2025
Categories: Africa, Polygamy, South Africa