Parliament raises alarm over looming deadline for Divorce Bill amendment

Parliament has expressed its concern that the Home Affairs Department has introduced a divorce bill, leaving limited time to process it considering that in just two months' time the constitutional deadline expires. 

The matter came up when the National Assembly Programme was briefed this week about the bills that are before committees and those that have constitutional deadlines.

Briefing the committee earlier this week, parliamentary legal advisor Charmaine van der Merwe said parliament was given an October deadline to fix a constitutional defect in the Divorce Act by the Constitutional Court.

Van der Merwe said the department introduced the General (Family) Laws Amendment Act in Parliament only on August 13.

“Parliament has enquired from the department regarding an application to request the Constitutional Court to extend the suspension of the order as the delay in the introduction occurred with the department processes.

“Should the department fail to do so, Parliament will proceed with the same,” she said.

Van der Merwe also said the court order lapses on 11 October.

“So that is just a little bit over a month, and we have as Parliament already inquired from the department via the office of the Speaker, inquiring if they are going to bring an application to request an extension of this suspension of the order.”

She added that the challenge was that it was the department that knew what the delays were about.

“That is why Parliament has written to the minister to confirm whether they will be bringing an application for extension of the suspension of the order.

“The  department has been given a time to respond, and if they don't respond in that time, then Parliament will have to proceed, and we will simply have to put all that we have done before the court for an extension,” Van der Merwe said.

ACDP chief whip Steven Swart said it was regrettable that Parliament was again sitting with a bill that was tabled very late despite the best efforts from the parliamentary legal advisers to ensure the department file and table the bill.

“It is totally unacceptable that we are given till the ninth of October to pass the Bill through two Houses and as I understand that this judgment was given in 2023,” he said.

“I appreciate, Speaker, that the department will need to explain to the court should an application for an extension, which is necessary, be brought again. It is regrettable, Speaker, I think your office will need to take up with Leader of Government Business," Swart said.

National Assembly Speaker Thoko Didiza said she will follow up the matter with leader of Government Business, who is deputy president Paul Mashatile, because the issue of the Divorce Bill was a concern.

“It is a matter we have raised with the executive in respect with bills, particularly those with constitutional deadline, for them to be able act with speed when they know there might be delays for them to approach the court to ask for extension,” she said.

Didiza noted that Cooperative Governance and Traditional Affairs minister, Velenkosini Hlabisa had informed Parliament in time in order for them to support their request for extension when they were unable to meet the constitutional bill in one of their bills.

mayibongwe.maqhina@inl.co.za