South Africa has committed to ending child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals.
During its Voluntary National Review at the 2019 High Level Political Forum, the government of South Africa reported progress on this target and recognised that the exceptions for marriage under the age of 18 was one of the shortcomings that remain in the legal framework. The government has not submitted a Voluntary National Review in any High Level Political Forum since 2019. However, the government is due to submit a Voluntary National Review at the 2024 High Level Political Forum.
South Africa co-sponsored the 2019 Human Rights Council resolution on the consequences of child marriage, and the 2021 resolution on child, early and forced marriage in times of crisis, including the COVID-19 pandemic. South Africa signed a joint statement at the 2014 Human Rights Council calling for a resolution on child marriage. South Africa also co-sponsored the 2018, 2020 and 2022 UN General Assembly resolutions on child, early and forced marriage.
South Africa ratified the Convention on the Rights of the Child in 1995, which the Committee on the Rights of the Child has interpreted to recommend the establishment of a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995, which obligates states to ensure free and full consent to marriage.
In the 2021 list of issues prior to submission for the Committee on the Rights of the Child, the Committee asked South Africa to ensure that the minimum age of marriage be established at 18 for both boys and girls. The Committee also asked for more information on practical steps taken to prohibit and eradicate the harmful practices of ukuthwala, virginity-testing, FGM/C, polygamy and child marriage.
During its 2021 review, the CEDAW Committee expressed concern at the persistent patriarchal attitudes and stereotypes towards women, the persistence of harmful practices such as ukuthwala, virginity-testing and FGM/C. The Committee recommended that South Africa adopt a comprehensive strategy to eliminate harmful practices and provide victims with adequate support services.
During its 2016 review, the UN Committee on the Rights of the Child expressed deep concerns about the persistence of child marriage, virginity testing and ukuthwala. It also raised concerns that the Children’s Act of 2005 sets the minimum age of marriage at 12 for girls, and that the Marriage Act of 1961 and the Recognition of Customary Marriages Act of 1998 set different conditions for marriages of girls under the age of 18. The Committee urged the South African government to harmonise legislation in order to ensure the minimum age of marriage is 18 for both girls and boys.
During its 2022 Universal Periodic Review, the Department of Home Affairs (DHA) raised that they are in the process of developing a new Marriage Policy in order to harmonise marriage practices in South Africa, such as ensuring that the legal minimum age of marriage is 18 years, irrespective of religious or customary marriages. Once the Marriage Policy has been finalised, it will enable the development of the Marriage Act that will prohibit marriage under the age of 18 years.
During its 2017 Universal Periodic Review, South Africa agreed to review recommendations to harmonize legislation to ensure that the minimum age for marriage is established at 18 years for both boys and girls, and develop specific measures to educate society on customary practices leading to forced and child marriage.
In 2000 South Africa ratified the African Charter on the Rights and Welfare of the Child, including Article 21 regarding the prohibition of child marriage. In 2004 South Africa ratified the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 which sets the minimum age for marriage as 18.
South Africa is one of 20 countries which committed to ending child marriage by the end of 2020 under the Ministerial Commitment on comprehensive sexuality education and sexual and reproductive health services for adolescents and young people in Eastern and Southern Africa.
South Africa is a pathfinder country for the Global Partnership to End Violence Against Children and one of the countries where the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR)/DREAMS Initiative is working to reduce rates of HIV among adolescent girls and young women.