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Tzaneen communities call for tougher laws on cross-border marriages

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By Akani Nkuna

Residents in Lenyenye outside Tzaneen in Limpopo’s Mopani District have called for tighter regulation of marriages between South Africans and foreign nationals, alleging that fraudulent unions are increasing and that poverty can make people vulnerable to “bogus marriages”.

The concerns were raised during public hearings on the draft Marriage Bill at the Lenyenye Community Hall this week, where residents proposed clearly defined timelines for marriage verification to give the Department of Home Affairs time to verify documents submitted by foreign nationals and to strengthen vetting processes.

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“Participants told the committee that many South African women succumb to the pressure of poverty and other negative socio-economic realities under which they live and end up in fraudulent marriages, often unaware of the legal implications. They believe that tighter legislative measures would help deal with this trend,” said Portfolio Committee on Home Affairs spokesperson, Malatswa Molepo.  

The committee is holding provincial hearings on the Marriage Bill in Limpopo from 2 to 5 February, the final leg of a nationwide public participation process.

The Limpopo programme began in Mopani District and is expected to conclude in Sekhukhune District, incorporating all three districts in the province, including Vhembe.

Committee chairperson Mosa Chabane said the hearings were intended to ensure the final Bill reflects public views, and encouraged residents to participate.

“The Marriage Bill seeks to repeal the existing three separate marriage laws and replace them with a single, inclusive statute that recognises all forms of marriage – civil, customary, and religious – regardless of sexual orientation, belief or cultural practice,” Mosa said.

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At the hearings, residents also expressed support for the designation of traditional leaders as marriage officers, he said, given their role in rural communities.

Residents called for closer collaboration between traditional leadership and the Department of Home Affairs to prevent duplication and “dual marriages” that could lead to legal disputes.

Molepo said residents proposed raising the minimum age of consent, saying that 18 years remained “too young” and that children should be protected and allowed space to focus on their studies before marrying.

“Strong views were expressed regarding same-sex marriages, with the majority of participants stating that such unions contradict their religious beliefs and cultural norms,” Molepo added.

“However, some participants opposed this view, arguing that same-sex marriages are protected under the Constitution and that all South Africans have the right to choose whom they love and marry.”

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