Marriage Bill (clause 6): DHA & COGTA briefing

Video Cogta Briefing (awaited document) The Committee met to receive a briefing on clause 6 of the Marriage Bill from the Department of Home Affairs and the Department of Cooperative Governance and Traditional Affairs. Its main concerns centred on the constitutional and legal implications of the proposed clause, especially the tension between the requirement of consent and the treatment of customary marriages within royal families. Members wanted clarity on whether the proposal aligned with the Constitutional Court judgment in  Mayelane v Ngwenyama,  and whether Parliament could proceed without a fuller legal basis, given the conflicting opinions presented by the departments, Parliamentary Legal Services, and the Office of the Chief State Law Advisor. Members raised concerns about the adequacy of consultations, and asked how far those engagements had informed the clause now before the Committee. They questioned whether the presentations had sufficiently addressed the practical operation of consent, the position of existing wives in a further marriage, and the possible consequences for succession, inheritance, and traditional leadership structures. Ultimately, the Committee agreed that further engagement was necessary before the matter could be finalised. It proposed that Parliamentary Legal Services and the Office of the Chief State Law Advisor submit written responses, that the possibility of obtaining an external legal opinion be explored, and that further consultations be pursued with traditional leadership structures. The Committee was also advised of correspondence inviting committee chairpersons to a joint discussion on anti-immigration protests.