Law that could soon allow women to marry more than one husband
By Edith. O. Virginia
A plan to revise marriage laws in South Africa could see the legalization of Polyandry in the country. The law will also allow women to marry more than one husband same to the.men who have time and time again practiced polygamy.
Gender rights groups welcomed the law saying it will help in the elimination of gender based violence that is especially projected towards women. The move they say, will give women freedom and offer protection to women such that if one husband is violent the other may defend her.
The amendment on the marriage act of 1961 and of the customary marriages act of 1968 was announced by Deputy President David Mabuza. Department of Home affairs published the 69 page document earlier in the week. The department stated that the document will use citizen knowledge to help conclude and recognize legal marriages.
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File image of a couple exchanging wedding rings. |Photo| Courtesy|[/caption]
The paper intends to recognize Hindu, Jewish, Muslim and Rastafarian marriages as legal types of marriages in the country.
“The failure to recognise these religious marriages is untenable and discriminatory,” part of the document reads.
The green paper proposed three new marriage regimes that if upheld could bring about equality in marriage laws. Option one was an “inclusive customary and religious marriage regime”. This would see the Recognition of Customary Marriages Act amended to cater for all marriages irrespective of race, cultural and religious persuasions.
Option two would be a religion and culture-neutral marriage regime.The third option would be a gender-neutral marriage regime. “This would accommodate both polygyny and polyandry,” said the document.
“The difference between options 2 and 3 is that this option is gender neutral. Therefore all marriages, whether monogamous or polygamous, could be concluded regardless of the sex or sexual orientation of the person.”
Polyandry and polygamy emerged as some of controversial topics during the ministerial dialogues.
Traditional leaders were among those who objected to polyandry and labelled it an “unacceptable practice because it is not of African origin," the document reads in part.
“Ironically, stakeholders who believed in the practice of polygamy … were opposed to the practice of polyandry,” commented the department.The public has until the end of June to comment on the department’s proposals.Home Affairs said it was aware its process was bound to ruffle feathers, but maintained the changes were necessary.
“This is the beginning of a crucial public discourse that will re-define the concept of marriage in South Africa.
“The process will unearth issues that may make some of us uncomfortable, but will encourage dialogue within the South African and international communities," the document reads.
SA's Ministry of Home Affairs hosted dialogues in 2019 and 2020 before producing the green paper. Minister Aaron Motsoaledi and officials heard from stakeholders, including traditional leaders, religious leaders, academics and LGBT and gender activists present during the dialogues.
What are your thoughts on this?
File image of a couple exchanging wedding rings. |Photo| Courtesy|[/caption]
The paper intends to recognize Hindu, Jewish, Muslim and Rastafarian marriages as legal types of marriages in the country.
“The failure to recognise these religious marriages is untenable and discriminatory,” part of the document reads.
The green paper proposed three new marriage regimes that if upheld could bring about equality in marriage laws. Option one was an “inclusive customary and religious marriage regime”. This would see the Recognition of Customary Marriages Act amended to cater for all marriages irrespective of race, cultural and religious persuasions.
Option two would be a religion and culture-neutral marriage regime.The third option would be a gender-neutral marriage regime. “This would accommodate both polygyny and polyandry,” said the document.
“The difference between options 2 and 3 is that this option is gender neutral. Therefore all marriages, whether monogamous or polygamous, could be concluded regardless of the sex or sexual orientation of the person.”
Polyandry and polygamy emerged as some of controversial topics during the ministerial dialogues.
Traditional leaders were among those who objected to polyandry and labelled it an “unacceptable practice because it is not of African origin," the document reads in part.
“Ironically, stakeholders who believed in the practice of polygamy … were opposed to the practice of polyandry,” commented the department.The public has until the end of June to comment on the department’s proposals.Home Affairs said it was aware its process was bound to ruffle feathers, but maintained the changes were necessary.
“This is the beginning of a crucial public discourse that will re-define the concept of marriage in South Africa.
“The process will unearth issues that may make some of us uncomfortable, but will encourage dialogue within the South African and international communities," the document reads.
SA's Ministry of Home Affairs hosted dialogues in 2019 and 2020 before producing the green paper. Minister Aaron Motsoaledi and officials heard from stakeholders, including traditional leaders, religious leaders, academics and LGBT and gender activists present during the dialogues.
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