The Recognition of Customary Marriages Act became law on 15 November 2000, however,  in 2017, the Constitutional Court declared sections of the Act invalid. 

For two years the Court suspended the invalidity to give parliament an opportunity to correct the shortcomings noted. The Department of Justice and Constitutional Affairs then invited comment on the proposed amendments in April 2018. 

The new amendments in the bill seek to eliminate the gender-based discrimination in those polygamous marriages endured as per the Recognition of Customary Marriages Act of 1998.

As per the amendments in the bill, women in customary marriages will now also have equal proprietary rights over marital property. Previously, husbands in customary marriages enjoyed exclusive proprietary rights to marital property. However, the new bill, in an effort to promote the equal treatment of women in pre-Act monogamous and polygamous marriages, now states that both partners enjoy joint and equal marital proprietary rights over marital property. Furthermore, children can also benefit as they will be able to inherit these marital properties from the mother as well.

Minister of Justice and Correctional Services, Ronald Lamola, will now table the Bill in Parliament and the various law-making processes, including extensive public participation, will be undertaken by Parliament. Given that this piece of legislation is a Section 76 Bill (legislation that will affect provinces), it will also serve to be considered by the provincial legislatures, in addition to the National Council of Provinces (NCOP).

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