Advertorial | Legislature’s Cogta convenes public hearing on the recognition of the customary marriages bill

Kedibone Diale
Kedibone Diale

Led by Chairperson, Honourable Kedibone Diale, the Legislature’s Portfolio Committee on CoGTA and Human Settlements will be convening a public hearing on the Recognition of the Customary Marriages Bill [B12 -2019].

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 Gumede v President of South Africa[1], which declared these provisions constitutionally invalid.

These sections discriminated unfairly against women in customary marriages. The Bill provides for the equal treatment of women in pre-Act monogamous and polygamous customary marriages. 

The amendments eliminate 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 their 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 their mothers as well. The full version of the Bill can be downloaded and read by following the link: https://www.gov.za/sites/default/ files/gcis_document/201910/b12-2019.pdf

DETAILS OF THE PUBLIC HEARING ARE:

Date: Friday, 23rd October 2020 Venue: Johannesburg City Hall

Time: 12:00PM

Interested stakeholders and organizations are invited to forward their written submissions and comments (preferably via email, SMS or WhatsApp) before or on 23rd October 2020; to Ms Jabulile Nyembe on079 522 8686 or jnyembe@gpl.gov.za.

The amendments eliminate 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 their 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 their mothers as well. 

Interested stakeholders and organizations are invited to forward their written submissions and comments (preferably via email, SMS or WhatsApp) before or on 23rd October 2020; to Ms Jabulile Nyembe on079 522 8686 or jnyembe@gpl.gov.za.


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