Question NW3654 to the Minister of Home Affairs
20 November 2023 - NW3654
Roos, Mr AC to ask the Minister of Home Affairs
(1)Whether, with the reference to the judgment in the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others handed down on 28 June 2022, wherein the Constitutional Court (ConCourt) set 24 months to enable the President, the Cabinet and Parliament to remedy defects in the registration of Muslim marriages, his department has sought a legal opinion on whether the proposed circular for the registration of Muslim marriages meets the requirements of the judgment; if not, why not; if so, why does the circular fall short; (2) whether his department intends to approach the ConCourt to request an extension of the deadline; if not what is the position in this regard; if so, why?
Reply:
1. The Department is currently in the process of developing the draft Marriage Bill, which Bill was published for public comments in July 2023, and the public participation stage closed on 31 August 2023. Following the lapse of the date for the public to submit written submissions, the Department proceeded to revise the draft Bill to incorporate the written submissions received.
In accordance with the Department’s Annual Performance Plan, the draft Marriage Bill will be introduced into Parliament within the current financial year, ending March 2024.
2. No, The Department is of the view that the draft Marriage Bill will be introduced into Parliament timeously to allow Parliament to finalise the Bill accordingly. END