The season is now — Time to enact family-law reform
Parliamentary terms end. Families’ needs do not. After decades of proposals, consultation and litigation, South Africa has another opportunity to protect the relationships in which people actually live. This time, reform must make it beyond the promise.
It is time to enact family-law reform in South Africa. After decades of proposals, consultations and litigation, families’ needs deserve protection. Professor Helen Kruuse, a law expert at Rhodes University, emphasizes that it is time to move beyond mere promises and actualize reform. South Africa has a long history of waiting for legislative protection, with legislative proposals stalled or interrupted by changes in parliamentary terms.
The South African Law Reform Commission recently published a report on a Single Marriage Statute, proposing a Protected Relationships Bill that would recognize religious marriages and life partnerships, including reciprocal duties of support. This proposed bill moves beyond conventional marriage and addresses the decline in marriage registrations and the increasing number of people living together as partners.
The question now is whether the executive and Parliament will see this reform through. The history of legislative proposals for Islamic marriages and life partnerships reveals that parliamentary transitions can interrupt reform, and it is crucial that the reform process proceeds regardless of political changes. The courts have been extending protections, but legislative action should not be limited to reactive measures following court decisions.
Public-interest organizations have been working tirelessly to ensure that families can live without waiting for another legislative season.
Written by urgent.news from Daily Maverick's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
