Submission on “Green Paper on Marriages in SA”

1 Step 1

To: Mr Sihle Mthiyane

      Director-General of Home Affairs

      marriagegreenpaper@dha.gov.za

Submission on the “Green Paper on Marriages in SA."

I support Option 2 of the Single Marriage Statute – a religion and culture neutral marriage regime that is heterogenous e.g. South Africa must do away with categorising marriages along racial, religious and cultural lines. South Africa must adopt a dual system of either monogamous or polygamous marriages that are heterogeneous. Chapters in the “Single Marriage Statute” must outline and specify the different marriage categories catering for monogamous, polygamous and civil unions.

I. Marriage: defined as the monogamous union of a man and woman to the exclusion of all others unless dissolved by divorce or death of one or both parties. The law will not prescribe the religious or cultural formulas that solemnise marriage. We further propose that the distinction of husband and wife be retained in this definition of marriage.

II. Civil Unions: defined as monogamous unions of two people regardless of sex, sexual orientation or gender identity to the exclusion of all others unless dissolved by divorce or death of one or both parties. In this definition, the term spouse can be used interchangeably.

 III. Polygamous Marriage: (defined as polygynous or potentially polygynous protected relationship) means a relationship in which a male party may, during the subsistence of the relationship, be in a relationship with a female person or female persons. The Recognition of Customary Marriages Act could be amended to cater for all polygamous marriages irrespective of race, cultural and religious persuasion.

IV. I propose that Muslim and other religious and cultural marriages be recognised, protected and regulated under the Polygamous Marriages provisions. The Single Marriage Statute does not prescribe the cultural or religious formulas that solemnize marriage, civil unions or customary marriages. This means Muslim or any other religious or cultural citizens can select from any of the above protected relationship provisions according to their personal requirements.

I therefore believe the State can achieve all of its objectives “to provide for the recognition of protected relationships, or marriages and life partnerships, entered into by parties regardless of the religious, cultural or any other beliefs of the parties, or the manner in which the relationship was entered into; to provide for the requirements for entering into a protected relationship or a marriage or a life partnership; to provide for registration of protected relationships or marriages and life partnerships; to provide for the legal consequences of entering into protected relationships or marriages and life partnerships, and to provide for matters incidental thereto without redefining marriage.

Kind regards,

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1 Step 1

To: Mr Sihle Mthiyane

      Director-General of Home Affairs

      marriagegreenpaper@dha.gov.za

Submission on the “Green Paper on Marriages in SA."

I support Option 2 of the Single Marriage Statute – a religion and culture neutral marriage regime that is heterogenous e.g. South Africa must do away with categorising marriages along racial, religious and cultural lines. South Africa must adopt a dual system of either monogamous or polygamous marriages that are heterogeneous. Chapters in the “Single Marriage Statute” must outline and specify the different marriage categories catering for monogamous, polygamous and civil unions.

I. Marriage: defined as the monogamous union of a man and woman to the exclusion of all others unless dissolved by divorce or death of one or both parties. The law will not prescribe the religious or cultural formulas that solemnise marriage. We further propose that the distinction of husband and wife be retained in this definition of marriage.

II. Civil Unions: defined as monogamous unions of two people regardless of sex, sexual orientation or gender identity to the exclusion of all others unless dissolved by divorce or death of one or both parties. In this definition, the term spouse can be used interchangeably.

 III. Polygamous Marriage: (defined as polygynous or potentially polygynous protected relationship) means a relationship in which a male party may, during the subsistence of the relationship, be in a relationship with a female person or female persons. The Recognition of Customary Marriages Act could be amended to cater for all polygamous marriages irrespective of race, cultural and religious persuasion.

IV. I propose that Muslim and other religious and cultural marriages be recognised, protected and regulated under the Polygamous Marriages provisions. The Single Marriage Statute does not prescribe the cultural or religious formulas that solemnize marriage, civil unions or customary marriages. This means Muslim or any other religious or cultural citizens can select from any of the above protected relationship provisions according to their personal requirements.

I therefore believe the State can achieve all of its objectives “to provide for the recognition of protected relationships, or marriages and life partnerships, entered into by parties regardless of the religious, cultural or any other beliefs of the parties, or the manner in which the relationship was entered into; to provide for the requirements for entering into a protected relationship or a marriage or a life partnership; to provide for registration of protected relationships or marriages and life partnerships; to provide for the legal consequences of entering into protected relationships or marriages and life partnerships, and to provide for matters incidental thereto without redefining marriage.

Kind regards,

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