Opposition to same-sex marriage was a recurring view expressed at a public hearing on the proposed new Marriage Bill at the George Phadagi Town Hall in Thohoyandou, Vhembe District Municipality, in Limpopo, on Tuesday.
The Marriage Bill is undergoing its final set of hearings for public feedback in the province before it is introduced in the National Assembly.
The legislation aims to merge the Marriage Act, the Civil Union Act (which currently allows for same-sex unions and marriages) and the Recognition of Customary Marriages Act into one streamlined and inclusive piece of legislation, thereby putting all marriages on an equal footing.
Marriage equality remains contentious
Many of those who shared their views on the proposed Bill at the packed hall on Tuesday were strongly opposed to the inclusion of same-sex and polygamous marriages in the Bill.
“This will only create problems for us as even the Bible does not encourage such,” said Dr Bardwell Mufunwaini, managing director of Munna Ndi Nnyi [Who is a Real Man?], a Vhembe-based NGO that fights against gender violence.
“I support other aspects of the Bill, but we have to remove the same-sex and polygamous marriages from the Bill immediately,” he insisted, describing these as “very wrong”.
In 2006, South Africa became the fifth country in the world (and the first in Africa) to legally recognise same-sex unions and marriages through the Civil Union Act, following a landmark Constitutional Court ruling. Twenty years later, opposition to marriage equality remains a reality, as also expressed in earlier public hearings in other provinces.
Pastor Prince Ramahala, who is a registered marriage counsellor, called on the National Assembly and the Department of Home Affairs to tighten laws regulating marriages between South African citizens and foreign nationals. He also indicated that he does not support either same-sex or polygamous marriages.
“It is about time something is done regarding the marriages between South African citizens and foreign nationals, as most of these marriages are often found to be fraudulent, and it becomes very difficult for our brothers and sisters to divorce when they find out that they have been married by someone whom they have never seen,” said Ramahala.
Confusion over types of marriages
Agnes Mudau, a resident of Mashamba village, outside of Elim, said that the lack of awareness about the different types of marriages in the country should be addressed if the proposed Bill becomes law.
“We do not have enough information about the various types of marriages available at the Department of Home Affairs, and due to that, we end up making mistakes, which we later regret. Authorities should do better to educate us about the types of marriages at our disposal,” said Mudau.
Mudau said that though she generally supports the Bill, she wants some aspects to be changed.
“Same-sex marriage should not be part of the proposed Bill, and it should be removed from the Bill urgently. They should also come up with new ways to manage marriages between South Africans and foreign nationals,” said Mudau.
Discrimination is still rife in Vhembe
Zaheeda Munyai, 40, from Manini village, outside of Thohoyandou, identifies as a lesbian. She believes that the objections raised against same-sex marriages are an attack against the LGBTQ+ community.
“We are also humans, and we deserve some respect. I have been sitting here observing people using all sorts of discriminatory names to refer to the LGBTQ+ community, which is very wrong. Please show us some respect. We are living in a democratic society where everyone is free to be who they want, so stop judging us,” said Munyai.
She is the founder of Empire 101, an NPO established in 2023, which advocates for the rights of LGBTQ+ communities in the Vhembe municipality, where she says discrimination is rife.
“LGBTQ+ communities should be allowed to marry any person they love without being judged, as everyone deserves to be happy, but our community, including our own parents, continues to judge us and call us names. When will all this end? We also want to be happily married like other people.”
She urged the National Assembly to adopt the proposed Bill in its current format.
“Should the Bill be adopted the way it is, it will put some respect on the LGBTQ+ communities. We are all equal in our country, so even our marriages should be treated equally,” says Munyai.
The Marriage Bill committee chairperson, Mosa Chabane, assured Vhembe residents that their views will be taken into consideration.
“Every view is important, and it will be taken as such. These hearings are a vital platform which ensures that all the voices of ordinary South Africans are heard,” said Chabane.
