Too Young to Say 'I Do': The Reality of Child Marriages in South Africa

12 February 2025

Child marriage remains a disturbing reality in South Africa, despite ongoing efforts to reform outdated legislation. While the country’s legal framework is evolving to protect children, loopholes still allow minors—some as young as 12—to enter into marriage under certain conditions. This practice not only violates fundamental human rights but also exposes children, particularly girls, to lifelong consequences that impact their health, education, and economic independence.

Who is Affected by Child Marriages?

Child marriages disproportionately affect young girls, especially in rural areas where cultural traditions and economic hardships drive families to marry off their daughters at a young age. Some parents see marriage as a way to secure financial stability or relieve economic burdens. In certain communities, there is strong cultural or religious pressure to marry young, often reinforced by patriarchal norms that prioritise marriage over education.

South African law has long been ambiguous on child marriage, and as a result, girls as young as 12 have been married under customary or religious practices. While the legal framework is shifting, the practice remains deeply ingrained in some communities.

The Current Legal Landscape

South Africa’s marriage laws are currently governed by three separate pieces of legislation:

• The Marriages Act (for monogamous opposite-sex marriages),

• The Civil Unions Act (for same-sex and opposite-sex unions), and

• The Recognition of Customary Marriages Act (which applies to African customary marriages, including polygynous unions but excluding same-sex marriages).

  
  

These fragmented laws have created confusion, particularly when it comes to the legal age of marriage. Technically, the minimum age for marriage in South Africa is 18 for both boys and girls. However, exceptions allow:

• Girls under 16 to marry with the Minister of Home Affairs' consent.

• Minors aged 16 to 18 to marry with parental consent.

• Customary marriages to be concluded without a strict minimum age, subject to parental approval.

These legal gaps have led to cases where children as young as 12 have been married off, often without their full understanding or consent.

The Impact of Child Marriages

The consequences of child marriage are severe and long-lasting. Young girls, in particular, are disproportionately affected, facing a range of social, economic, and health risks:

• Interrupted Education: Many child brides are forced to drop out of school, limiting their opportunities for future employment and economic independence.

• Health Risks: Early pregnancies increase the risk of maternal mortality, complications during childbirth, and infant health problems.

• Gender-Based Violence: Young brides often experience domestic abuse and have little legal or social support to escape harmful situations.

• Economic Dependence: With limited education and employment opportunities, many child brides become financially dependent on their spouses, trapping them in cycles of poverty.

  
  

The Proposed Marriage Bill: A Step Forward

To combat these issues, the proposed new Marriage Bill aims to set the legal minimum age for marriage at 18 years without exception. This reform would close loopholes that allow parental or ministerial consent for underage marriages and ensure that all marriages, regardless of cultural or religious background, are regulated under a single legal framework.

However, critics argue that the penalties for parents and guardians who facilitate child marriages are too lenient. Many advocate for stricter enforcement, including criminal charges, to deter the practice.

The Fight Against Child Marriages

Ending child marriage in South Africa requires a multi-faceted approach:

1. Legal Reform: Swift adoption and enforcement of the Marriage Bill to ensure all marriages under 18 are illegal.

2. Community Awareness: Educating parents, traditional leaders, and religious institutions on the harms of child marriage.

3. Access to Education: Strengthening policies to keep girls in school and provide them with economic opportunities.

4. Support Services: Expanding shelters, legal aid, and counselling services for minors forced into early marriages.

   
   

A Future Without Child Marriages

Child marriage is a violation of human rights and a barrier to gender equality. While South Africa is making strides in reforming its marriage laws, stronger enforcement and public awareness are needed to protect vulnerable children. By ensuring that no child is forced into marriage, we take a vital step toward securing their right to education, health, and a future of their choosing.

It’s time to put an end to child marriages once and for all. The law must not only be changed—it must be upheld, enforced, and supported by all sectors of society.