South Africa’s Department of Home Affairs has proposed a new law that will allow women marry more than one husband, in the same way that polygamous men are allowed to marry more than one wife.
The 67-page policy document also called Green Paper on Marriages, stated that the current marriage act does not promote equality.
The department stressed in the document that it sought to create a new marriage act that will allow all in the country to conclude recognised, legal marriages.
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The policy document highlighted that the current marriage legislation is discriminatory as it does not recognise Hindu, Jewish, Muslim and Rastafarian marriages. The policy document also called for polyandry to be legally recognised as a form of marriage.
The Green Paper proposed three new marriage regimes it maintained could bring about equality in marriage laws.
Option one was an “inclusive customary and religious marriage regime”. This would see Recognition of Customary Marriages Act amended to cater for all marriages irrespective of race, cultural and religious persuasions.
Option two would be a religion and culture-neutral marriage regime. The third option would be a gender neutral marriage regime. “This would accommodate both polygyny and polyandry,” said the document.
It added;
The difference between options 2 and 3 is that this option is gender neutral. Therefore all marriages, whether monogamous or polygamous, could be concluded regardless of the sex or sexual orientation of the person.
South Africa’s Ministry of Home Affairs appears to favour the option for a gender-neutral marriage regime that allows both polyandry and polygyny.
The Ministry wrote;
The political appetite of the country to confront the challenges of the current marriage statute will be tested through these options. However, if Section 9 of the Constitution was to be implemented in its entirety, option 3 will tick all the boxes.
It however noted that the option for polyandry has ruffled feathers and South Africa’s traditional leaders have vociferously opposed the proposal, claiming that a woman being married to more than one husband is an “unacceptable practise because it is not of African origin.”
The Ministry added;
Ironically, stakeholders who believed in the practice of polygamy were opposed to the practice of polyandry.
This is the beginning of a crucial public discourse that will re-define the concept of marriage in South Africa.
The process will unearth issues that may make some of us uncomfortable, but will encourage dialogue within the South African and international communities.
