ConCourt grants extension to GNU for Marriage Act amendment

A view of the Constitutional Court.

In June 2022, the court declared several sections of the Marriage and Divorce Acts unconstitutional.

However, it suspended this declaration for 24 months, giving Parliament until June 2024 to rectify the issues.

As the deadline approached, parliament asked for an additional two years to complete the legislative process, citing the complexity of the amendments and the need for thorough consultation with stakeholders, including Muslim, Hindu, and Jewish communities.

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According to the judgment, parliament had taken significant steps by introducing a Marriage Bill in December 2023, but the short timeline made it difficult to achieve sufficient public engagement.

Parliament also argued that failure to grant the extension would result in severe consequences, such as the lack of binding legislation to recognise and regulate Muslim marriages.

GNU settling in

Parliament also argued that the Divorce Act, already addressed through the Divorce Amendment Act of May 2024, was not part of this extension application.

The 2024 elections brought new members to parliament, with the power sharing in the GNU adding further complexity.

This led to the ConCourt deciding that these new members would need time to familiarise themselves with the rules and procedures governing law-making.

Parliament now has until June 2026 to finalise the amendments and help ensure inclusive and participatory law-making processes.