In October 2020, the Department of Home Affairs confirmed plans to introduce a new draft marriage policy in South Africa, reconciling the diverse marriage laws into a single piece of legislation "that will enable South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages", but indicated that the process had been delayed due to the COVID-19 pandemic.
[1] In January 2021, the South African Law Reform Commission issued a 300-page discussion paper, offering a number of proposals and alternatives.
[4] In addition, on 28 June 2022 in the case Women's Legal Centre Trust v President (2022), the Constitutional Court handed down an order that declared the Marriage Act and the Divorce Act inconsistent with sections 9, 10, 28 and 34 of the Constitution due to their failure to recognize marriages solemnised under sharia.
Parliament filed a brief supporting the stay, asking for time for newly-elected members after the 2024 South African general election to familiarize themselves with the Marriage Bill, as well as seek more input on the bill from Muslim and other minority communities.
[5] A draft bill was approved by the Cabinet, and published in the Government Gazette on 7 July 2023.