South Africa is moving to change its marriage laws by setting 18 as the minimum legal age for marriage, with no exceptions for younger people.

The proposed change forms part of wider reforms being handled by the Department of Home Affairs through the Marriage Bill.

Women, Youth and Persons with Disabilities Minister Sindiswe Chikunga confirmed the process in a parliamentary response, according to BusinessTech.

Minimum marriage age could be set at 18

Chikunga said Home Affairs is working to amend marriage legislation to bring the minimum age in line with the Constitution.

The change would also create the same age requirement across civil and customary marriages.

Under current South African law, people over 18 can marry without needing permission from another party. However, people under 18 can still marry in certain circumstances if the required parental consent or authorisation is obtained.

The proposed Marriage Bill would remove those provisions and set 18 as the minimum age for both people entering a marriage.

Concerns over forced and child marriages

The issue has also raised concerns about forced marriages involving minors.

National Assembly member Makoti Khawula raised allegations that girls as young as 13 had been forced into marriages in parts of KwaZulu-Natal.

She also raised concerns about ukuthwala. The practice is illegal when it involves kidnapping or forcing someone into marriage.

The proposed reforms are intended to strengthen protections for minors while creating one legal framework for different types of marriages in South Africa.

Some South Africans want the age raised to 21

The proposed age of 18 has also faced debate during public consultations.

BusinessTech reported that some participants in parliamentary hearings argued that the minimum age should instead be raised to 21.

They argued that some 18-year-olds are still completing school and may not be financially or emotionally ready to start a family.

However, the proposed changes are not yet law.

The Marriage Bill still needs to complete the parliamentary process before the new minimum marriage age can take effect.