ATC240214: Report of the Select Committee on Security and Justice on the Divorce Amendment Bill [B22-2023] (National Assembly – S75), dated 14 February 2024.
NCOP Security and Justice
Report of the Select Committee on Security and Justice on the Divorce Amendment Bill [B22-2023] (National Assembly – S75), dated 14 February 2024.
The Select Committee on Security and Justice, having deliberated on and considered the subject of the Divorce Amendment Bill [B22-2023] (National Assembly – S75), referred to it on 15 November 2023, reports that it has agreed to the Bill without proposed amendments and reports as follows:
1. Background
The Divorce Amendment Bill [B22-2023] (National Assembly – S75) seeks to—
• amend the Divorce Act, 1979, so as to insert a definition for a Muslim marriage;
• provide for the protection and to safeguard the interests of dependent and minor children of a Muslim marriage;
• provide for the redistribution of assets on the dissolution of a Muslim marriage;
• provide for the forfeiture of patrimonial benefits of a Muslim marriage;
• and to provide for matters connected therewith.
2. Public participation process on Divorce Amendment Bill [B22-2023] (National Assembly – S75)
The Select Committee on Security and Justice invited stakeholders and interested persons to make written submissions and published the adverts in all official languages on Parliament’s electronic platforms from 15 November to 5 December 2023.
3. Summary of Submissions:
The Committee received five submissions on the Bill; one from an individual, Simphiwe Tau, the second from VCV Malala on behalf of Senzokhule Advice Centre; the third submission 9 2 was received from Nehawu; the fourth submission was from Women’s Legal Centre and the fifth from Cosatu (See Annexure A for the Department response to submissions).
4. Committee consideration of the Divorce Amendment Bill [B22-2023] (National Assembly – S75)
The Select Committee received a briefing on the Bill on 15 November 2023. On 25 January 2024, the Select Committee received a briefing from the Department of Justice and Constitutional Development on the public submissions received for the Bill. On 14 February 2024 the Committee adopted the Bill as referred without proposed amendments. The Committee further adopted the report on the Bill on 14 February 2024.
5. Consensus on the Bill
The Chairperson put the Bill for consideration: Members in support of the Bill: The majority of members supported the Bill. Abstentions or objections: There were no objections or abstentions.
6. Recommendation
The Select Committee on Security and Justice, having considered the Divorce Amendment Bill [B22-2023] (National Assembly – S75), referred to it on 15 November 2023 and classified by the JTM as a section 75 Bill, recommends the Council pass the Bill without proposed amendments.
Report to be considered