A growing concern is that South Africa’s Marriage Act is being exploited for immigration purposes.
South Africa’s 1961 Marriage Act is facing abuse, with a warning that the legislation is being exploited as a backdoor for immigration.
The Department of Home Affairs has identified a concerning trend of “marriages of convenience”, transactional unions devoid of a genuine relationship, that are increasingly facilitated by locals to help foreign nationals bypass immigration laws.
Speaking at a recent government event in KwaZulu-Natal, Department of Home Affairs Chief Director Sihle Mthiyane reflected on South Africa’s legal framework, which includes the Immigration Act (Act 13 of 2002), Refugees Act (Act 130 of 1998), Marriage Act, 1961 (Act No. 25 of 1961), Citizenship Act (Act 88 of 1995), and Border Management Act (Act 2 of 2020).
According to the Marriage Act, 1961 (Act No. 25 of 1961), the Act regulates conditions under which citizens and foreigners may conclude a marriage. The Act provides a route to permanent residence and citizenship for foreigners who are married to citizens.
