Cabinet approves submission of the recognition of Customary Marriages Amendment Bill of 2019 to Parliament
Yesterday Cabinet approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament.
The Bill brings section 7(1) and (2) of the Recognition of Customary Marriages Act (RCMA), 1998 (Act 120 of 1998) in line with the judgment of the Constitutional Court in 2017, which declared these provisions constitutionally invalid. These sections discriminated unfairly against women in customary marriages.
The Bill also provides for the equal treatment of women in pre-Act monogamous and polygamous customary marriages. The amendments eliminate the gender-based discrimination in polygamous marriages entered into before the commencement of the RCMA of 1998. Spouses will now have joint and equal proprietary rights over marital property. This means that husbands will no longer have exclusive proprietary rights over marital property to the detriment of their wives. Children can also benefit as they will be able to inherit from the mother as well.
Minister of Justice and Correctional Services, Ronald Lamola, will hereafter table the Bill in Parliament and the various lawmaking processes, including extensive public participation, will be undertaken by Parliament. Given that this piece of legislation is a Section 76 Bill (legislation that will affect provinces), it will also serve be considered by the provincial legislatures, in addition to the National Council of Provinces (NCOP).
Enquiries:
Chrispin Phiri
Cell: 081 781 2261
E-mail: Mediaenquiries@justice.gov.za
