New age limit for marriage in SA: What’s changed?

The Department of Home Affairs in South Africa is in the process of moving towards setting the single minimum marriage age to 18.

A CHANGE IN MARRIAGE AGE IN SOUTH AFRICA LOOMING

Women, Youth and Persons with Disabilities Minister, Sindiswe Chikunga, revealed the prospective change when answering a question in parliament. Chikunga said she was informed by the Department of Home Affairs that the change of the marital age was underway.

This was in response to a question about forced marriages in KwaZulu-Natal. It was alleged that women are forced into marriage in some parts of the province.

“The Department of Home Affairs is in the process of amending marriage legislation to align the minimum legal age for marriage with the Constitution by setting it at 18 years,” she said.

“This will ensure consistency between customary and civil marriages and remove any legislative inconsistencies.”

WHAT IS THE CURRENT MINIMUM AGE TO MARRY?

The South African law allows for minors to marry with consent from a parent or legal guardian. The minimum age at which a minor may enter into marriage under both civil and customary law is 12-17 for girls, and 14-17 for boys.

The change to 18 years sits inside the Marriage Bill, which the National Assembly is still considering. The bill was first introduced in December 2023, but was lapsed due to the 2024 national elections. The bill sets the marriage at 18 for both men and women without exceptions. This means parental consent will now fall away. 

Parliament previously revealed in 2025 that many asked for the age to be moved to 21 years old. 

“18 years was too young for people to get married. They suggested that the age of consent must be increased to 21 years,” read a press release.

“They argued that 18-year-olds are still at school and not mature enough for marriage and would not have the means to marry and start a family.”