PRESS RELEASE
NO EMBARGO
Date: 1 May 2023
AL JAMA-AH’s Private Members Bill seeks a mechanism to establish the registration of Muslim marriages with the Department of Home Affairs
Leader of AL JAMA-AH Hon Ganief Hendricks says the Registration of Muslim Marriages Bill (RMMB) will assist government to comply with a Constitutional Court order that Shari’ah marriages are valid South African marriages.
Furthermore, the party’s Private Members Bill seeks to establish a mechanism for the registration of Muslim marriages with the Department of Home Affairs. On Tuesday 02 May 2023 Hendricks will present the RMMB to the Portfolio Committee on Home Affairs as well as a draft circular for the Department. “The circular which the Department released after the Concourt order has been found non complaint with the judgement by AL JAMA-AH which we want to rectify so that not a day longer than necessary must the dignity of Muslim wives be harmed,” says Hendricks.
He says that there needs to be a variation of the Concourt order; an action which, in fact, is provided in the judgement. If the party’s revised circular will be accepted by the Minister of Home Affairs, then the ‘variation’ requirement will be unnecessary.
AL JAMA-AH appeals to the PC on Home Affairs to adopt a motion of desirability for the Bill so that it can be voted on in Parliament this year. Muslim Marriages, because it is out of community, requires a contract, and a notarial deed which is costly. AL JAMA-AH and Home Affairs Minister Dr Aaron Motsoaledi have agreed that legislation should rule out such costs for a contract and notarial deed; and they too agreed that married couples will only be required to complete a special form at the Department’s front desk.
“We take cognisance of the fact that lawyers and notaries may object to this as they will lose these revenues. But we ask them to “bite the bullet ” as most Muslims cannot afford the high costs of a marital contract and a notarial deed. Most lawyers have not reduced their fees over the years to assist indigent Muslims and 90% of married couples are non-compliant creating hardships in the event of death,” explains Hendricks.
Hendricks’ briefing on the RMMB to the Portfolio Committee on Home Affairs on Tuesday is schedule to start from 9:00am-12:00pm.
For further media enquiries contact national spokesperson:
Adv Shameemah Salie
Cell: 084 423 0476
or
Ms Nisa Siers: National Marketing and Communications Manager
Cell: 082 613 1917
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