Vincent Magwenya
By Thabo Mosia
Presidential Spokesperson Vincent Magwenya clarified that President Cyril Ramaphosa had signed an amendment to the Divorce Act in May 2024, months before the Democratic Alliance (DA) highlighted efforts to formalise Muslim marriages in South Africa. This clarification comes amid statements from DA representatives Leon Schreiber, Minister of Home Affairs, and Dean Macpherson, Member of Parliament for Public Works, who celebrated the issuance of marriage certificates listing “Muslim” as the type of marriage. The amendment, which recognises Muslim marriages and provides protections in divorce cases, is a significant legislative step in addressing the longstanding exclusion of Muslim marriages under South African law.
Historical Context and Legal Developments
The recognition of Muslim marriages in South African law has been a subject of lengthy legal battles and advocacy efforts. For decades, the exclusion of Muslim marriages from official recognition meant that Muslim women and children were particularly vulnerable in cases of divorce or inheritance. This was viewed by many as a contradiction to the Constitution, which guarantees equality and non-discrimination.
In response, the Constitutional Court ruled that the lack of legal protection for Muslim marriages was unconstitutional and mandated legislative action to remedy this. In May 2024, Ramaphosa signed the Divorce Amendment Bill, which legally recognises Muslim marriages under the Divorce Act of 1979. The new legislation provides a framework for the protection of Muslim women and children, particularly in cases of dissolution of marriage.
Vincent Magwenya’s Statement
Vincent Magwenya recently took to social media to reiterate that the amendment was signed by President Ramaphosa in May 2024, responding to assertions by DA representatives that the party’s recent actions were unprecedented. Magwenya stated, “The President signed the amended bill in May 2024,” underscoring that the ANC-led government had taken concrete steps to address the legal void concerning Muslim marriages before the DA’s recent moves.
Magwenya’s clarification aligns with the government’s response to the Constitutional Court’s mandate. The amendment aims to safeguard the interests of Muslim women and children, providing them with the legal protections that were previously absent in cases of marital dissolution.
DA’s Actions and Public Statements
Leon Schreiber, the DA’s Minister of Home Affairs, and Dean Macpherson, MP for Public Works, have publicly celebrated what they describe as a historic moment for Muslim marriages in South Africa. Schreiber announced the issuance of the first batch of 33 marriage certificates that officially recognise “Muslim” as a marriage type, stating, “This marks the first time in South African history that Muslim marriages are explicitly recognised in these terms.”
Dean Macpherson echoed these sentiments, applauding Schreiber’s work and stating, “The DA has done in three months what the ANC couldn’t do for the Muslim community in 30 years.” Their statements have sparked a political conversation on which party has truly advanced the legal rights of Muslim marriages, with the ANC clarifying that the groundwork was laid well in advance of the DA’s recent steps.
Impact of the Divorce Amendment Bill
The Divorce Amendment Bill’s legal recognition of Muslim marriages is a milestone in South African legislative history. The bill not only acknowledges the validity of these unions but also aims to provide Muslim women and children with equitable rights in the event of divorce. Previously, the lack of legal recognition meant that Muslim marriages were not protected under South African family law, leaving Muslim women without recourse in cases of divorce or disputes.
This legislative change reflects the government’s commitment to upholding the constitutional principles of equality and non-discrimination, as mandated by the Constitutional Court. By signing this amendment, the government has taken a step towards redressing historical injustices faced by the Muslim community and aligning the legal framework with South Africa’s diverse cultural and religious landscape.
Responses from the Muslim Community
The recognition of Muslim marriages has been met with mixed reactions within the Muslim community. While many have expressed gratitude for the legal protections now available, others have voiced concerns about the politicisation of this issue. For some, the focus should be on the substantive protections provided by the amendment, rather than the political parties claiming credit for its implementation.
Muslim community leaders have also highlighted the importance of ensuring that the provisions of the Divorce Amendment Bill are effectively implemented. They stress the need for continuous engagement with the community to ensure that Muslim women are fully aware of their rights under the new law and can access legal recourse when necessary.
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