South Africans under 18 will no longer be allowed to marry under proposed legal changes.

The proposed Marriage Bill seeks to replace South Africa’s separate laws governing civil marriages, customary marriages and civil unions with a single legal framework, reports Polokwane Review.

One of its key provisions is a ban on child marriages, with both people entering a marriage required to be at least 18 years old. The bill would also create offences and penalties for marrying or conducting a marriage involving a minor.

The proposal is not yet law, as the bill still has to complete the remaining stages of the parliamentary process before it can come into effect.

Limpopo was the final province to host Parliament’s public hearings on the bill, with consultations held in Lenyenye, Thohoyandou and Tafelkop in February.

During the hearing in Thohoyandou, residents largely supported raising the minimum age to 18, with participants saying the change could help address child marriage and better protect young people.

However, 18 was not the only age proposed during the national consultation process.

Participants elsewhere in the country argued that the minimum age should instead be 21, saying young people may need more time to reach emotional and financial maturity before marrying.

The Limpopo hearings also formed part of wider discussions around how the proposed legislation would recognise different cultural and religious practices while maintaining constitutional protections.

The bill aims to create one framework covering civil, customary and religious marriages, while recognising marriages regardless of religion, culture or sexual orientation.

Why the age limit matters

Under South Africa’s existing marriage laws, there are circumstances in which people under 18 can marry with the necessary consent or authorisation.

The proposed bill would remove those provisions by establishing 18 as the minimum age for both prospective spouses.

Equality Now, an international organisation campaigning for women’s and girls’ rights, has argued that South Africa’s marriage reforms should provide stronger protection against child and forced marriages and ensure that women and girls are able to give free and informed consent to marriage.

The organisation has previously highlighted gaps in the country’s existing marriage laws, including provisions that allow exceptions to the general minimum age.

The proposed legislation also deals with the registration and recognition of marriages, the appointment of marriage officers and penalties for offences involving marriages.

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