There is growing concern that South Africa's Marriage Act is being used for immigration purposes. A warning has been issued that this legislation is being exploited as a loophole for migration.
Detection of Marriage Fraud
The Department of Home Affairs has identified a worrying trend related to 'marriage of convenience'—transactional unions devoid of genuine affection. These marriages are increasingly arranged by local residents to assist foreign nationals in circumventing immigration regulations.
Legal Framework and Risks
During a recent state event in KwaZulu-Natal, the Director of the Department of Home Affairs, Sihlwe Mthiyane, commented on South Africa's legal framework. This framework includes the Immigration Act (Act 13 of 2002), the Refugees Act (Act 130 of 1998), the Marriage Act of 1961 (Act No. 25 of 1961), the Citizenship Act (Act 88 of 1995), and the Border Management Act (Act 2 of 2020).
According to the Marriage Act of 1961, this act regulates the conditions under which citizens and foreigners can marry. It provides the possibility for foreigners married to citizens to obtain permanent residency and citizenship.
The Essence of 'Marriages of Convenience'
Mthiyane stated a high level of abuse of the Marriage Act in South Africa. He specified: 'There are marriages we call 'marriages of convenience'; these are transactional marriages. There is no love here. In any case, we cannot prove love in this context. But in this case, these are people who do not live together; there are no relationships at all. It is a deal.'
He explained the mechanism: 'In most cases, these are men who enter South Africa legally. They receive a visitor's visa. The border cannot do anything about it. They have submitted the proper documents. But the illegality begins once they are in the country.' Mthiyane added that there is always someone in South Africa who facilitates this marriage.
Department of Home Affairs Requirements
Mthiyane emphasized that some marriages conducted by pastors are 'marriages of convenience,' where no love exists. Therefore, he insists: 'This is why we say that any marriage involving a foreigner must be conducted at the Department of Home Affairs. Because at the Department of Home Affairs, we can verify many things that pastors are unable to verify.'
He called for joint action, noting that the abuse of the Marriage Act occurs with the assistance of South Africans themselves. Earlier this year, the Department of Home Affairs in KZN concluded investigations into 813 cases in the third quarter of the 2025/26 financial year.
Investigation and Migration Flows
Provincial Manager Kirill Mncwabe reported that these cases concerned marriages between South African citizens and foreigners that were flagged. He explained that in such cases, it is necessary to check, report, and investigate 'marriages of convenience' when foreigners marry South African citizens. 813 such cases were concluded in the province in the third quarter.
Mthiyane also refuted the common belief that most people enter the country through unguarded borders. He noted: 'Yes, the country has porous borders, but people enter the country legally; the problem arises when they stay longer than permitted.' After exceeding the permitted stay, law enforcement attempts to apply the law, and then one of the most important legislative norms—the Refugees Act—is abused.
According to Mthiyane, there is no large number of refugees in the country, and the problem lies in the abuse of existing refugee laws.

