SALRC Report Proposes Single Marriage Statute via Protected Relationships Bill

Posted 05 November 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: Under its statutory mandate to review South African law, the South African Law Reform Commission (SALRC) has issued a media statement announcing the release of its report on the legal framework governing marriage, proposing a new Protected Relationships Bill to create a single marriage statute.

The investigation was initiated at the request of the Department of Home Affairs, commencing in 2019 with the publication of an issue paper, followed by a discussion paper released for public comment in 2021. South Africa’s prevailing marriage law remains fragmented across distinct statutes, including the Marriage Act, No. 25 of 1961, the Recognition of Customary Marriages Act, No. 120 of 1998, and the Civil Union Act, No. 17 of 2006.

Parallel Legislative Tracks

The SALRC report and its accompanying statement make no reference to the separate Marriage Bill currently before Parliament. Similarly, the memorandum on the objects of the current Parliamentary Bill omits reference to the SALRC process. The National Assembly’s Portfolio Committee on Home Affairs continues to deliberate on the Marriage Bill, focusing specifically on the constitutional validity of sub-clause 6(2)(a), which sets statutory requirements for polygamous marriages.

Key procedural developments regarding the parliamentary Bill include:

  • Nationwide public hearings on the Marriage Bill concluded in January 2026.
  • The Department of Home Affairs formally tabled its response to public comments before the Portfolio Committee.
  • External legal counsel provided a formal legal opinion on the constitutionality of sub-clause 6(2)(a) during committee proceedings on 30 September 2026.

The SALRC proposals aim to rationalise legal recognition, solemnisation, and property consequences across civil, customary, and religious marriages into an integrated legislative regime under the proposed Protected Relationships Bill.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners and estate planners must monitor the divergent tracks of the SALRC proposals and the parliamentary Marriage Bill to determine future validity criteria for matrimonial contracts.
  • For your business: Law practices, conveyancers, and fiduciary firms must prepare to revise ante-nuptial contract drafting precedents, Deeds Office registration protocols, and matrimonial status affidavits once a consolidating statute takes effect.
  • For your clients: Spouses in customary, polygamous, or religious unions face altered registration formalities and potential changes to default matrimonial property regimes governing asset division upon divorce or death.

Originally published at https://legalacademy.co.za/news/read/marital-law-salrc-releases-report-on-single-marriage-statute

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