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STEALTH MATRIMONY AND COLONIAL CONTINUITIES; THE MARRIAGES BILL 2019

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The Marriages Bill (the bill) was published in the Government Gazette of 19 July 2019. Some of its provisions are in fulfillment of a Constitutional Court ruling prohibiting child marriages. Other provisions have been more controversial. Section 40 introduces the institution of civil partnerships, arguably a new and radically different form of marriage. This post defines basic terms before discussing the contents of section 40 of the bill. 1.     What is a marriage? A marriage is a publicly recognized romantic union. It entails exclusive rights to intimacy, fidelity, support and co-habitation. Public recognition sets this union apart from others, making it enforceable against third parties through civil suits. Traditionally, recognition of a marital union was contingent on agreement between the families. Ceremonial rites were held to secure consent of the parties and endorsement of the families. The advent of colonialism reduced the ...