South African Law Reform Commission
The South African Law Reform Commission (SALRC) has released a discussion paper on the review of legislation dealing with family law and marriage for public comment.
Written comment on the paper is invited until 30 April 2012.
The discussion paper has been drawn up as part of the SALRC’s mandated task to review the South African statute book to repeal or amend any law that is in conflict with the right to equality as espoused in the constitution.
The SALRC is described as an “advisory statutory body whose function is the renewal and improvement of the law of South Africa on a continuous basis”.
11 pieces of legislation focused on family law and marriage were identified.
A consultation paper on the initial findings was submitted to the justice department at the beginning of 2011. The department then provided comments on the proposals in May 2011. These were incorporated into the discussion paper.
The discussion paper also contains a draft bill entitled the Justice Laws Repeal and Amendment Bill that sets out how the statutes in question should be dealt with.
The proposed legislation would seek to repeal the Matrimonial Affairs Act of 1953 and the Prevention of Family Violence Act of 1993.
It is also intended to introduce amendments to the:
• Reciprocal Enforcement of Maintenance Orders Act of 1963
• Dissolution of Marriages on Presumption of Death Act of 1979
• Divorce Act of 1979
• Matrimonial Property Act of 1984
• Mediation in Certain Divorce Matters Act of 1987
• Domestic Violence Act of 1998
• Recognition of Customary Marriages Act of 1998
The SALRC points out that the paper contains its “preliminary findings and recommendations”.
The paper also contains a list of principal acts administered by the department of justice and constitutional development enacted between 1910 and 2008.
Mention is also made of other investigations currently underway that overlap with this discussion paper.
Two investigations are looking at the custody and access to minor children and matrimonial property law. Nothing has yet been published on these reviews.
A third investigation is focused on laws administered by the department of home affairs. A discussion paper on this will be released during the course of 2012.
The SALRC indicates that submissions received on the discussion paper that have relevance for the three studies will be passed on to the respective advisory committees.
Sabinet Cape Town Office
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