The legal age of consent for marriage in South Africa remains a key point of discussion during the Eastern Cape leg of the Portfolio Committee on Home Affairs’ public hearings on the Marriage Bill.

During a session held in the Chris Hani District Municipality, residents expressed concerns about the bill’s proposal to set the minimum marriage age at 18 years.

Many of those who attended the session in the Thobi Kula Indoor Sports Centre in Komani argued that 18 was too young for marriage, suggesting instead that the legal age should be raised to 21.

Attendees cited maturity levels, as many 18-year-olds are still in school and should prioritise their education.

The community members called for the strengthening of laws and systems at Home Affairs to prevent illegal unions, including cases of people marrying deceased individuals.

While age restrictions dominated discussions, same-sex marriage also faced opposition from certain religious and traditional leaders.

A Unified Marriage Law for South Africa

The Marriage Bill seeks to consolidate existing marriage laws, including:

The Marriage Act
The Recognition of Customary Marriages Act
The Civil Union Act

South African law dictates that no marriage is legally valid unless both parties are at least 18 years old and can consent freely.

Anyone under 21, who hasn't been married before, needs written consent from both parents (or legal guardian) to marry.

Boys under 18 and girls under 15 require not only parental consent but also written consent from the Minister of Home Affairs.

When a marriage is prohibited under the South African Law:

• Persons who are already married. An existing marriage can only be terminated through death or by a competent court of law.

• Minors. A minor may not enter into marriage unless the marriage officer is in possession of a written consent from either the parents or guardian.

• Persons without contractual capacity. This refers to majors who are suffering from mental disorders. A person who is insane may, however, contract a valid marriage if it can be proven that the person is lucid and in full possession of his faculties when concluding the contract.

National Public Consultations Continue

Committee Chairperson Mosa Chabane assured attendees that their concerns will be carefully considered during deliberations.

The Eastern Cape is the third province to host these nationwide public hearings, following Gauteng and KwaZulu-Natal.

The committee concluded the Eastern Cape leg on Thursday at Daku Hall in Gqeberha (Nelson Mandela Bay Metropolitan Municipality) before moving on to further consultations across the country.

IOL