Civil Union Act

1. In this Act. unless the context otherwise indicates- "civil union" means the voluntary union of two persons who are hoth 18 years of age or older. which is solemnised and registered by way of either 3 marriage or a civil partnership. i n accordance with the procedures prcscrihed i n this Act. to the exclusion. while i t lasts. o f all otliers: S “civil union partner” means a spouse in a marriage or a partner in a civil partnership. as the case may be. concluded in terms of this Act; “Customary Marriages Act” means the Recognition of Customary Marriages Act. 1998 (Act No. 120 of 1998); “Identification Act” means the Identification Act. 1997 (Act No. 68 of 1997); “Marriage Act” means the Marriage Act, 1961 (Act No. 25 of 1961); “marriage officer” means- ( a ) a marriage officer ex officio or so designated by virtue of section 2 of the S Marriage Act; or ( h ) any minister o f religion. or any person holding a responsible position in any 10 religious denomination or organisation, designated as marriage oflicers under section 5 o f this Act; “Minister” means the Cabinet member responsible for the administration o f I Iome AFdirs; “prefscrihed” means prescribed by this Act or hy regulation made under this Act; 1.5 and “this Act” includes the regulations. Objectives of Act

2. The ob.jectives of this Act are- (a) to regulate the solemnisation and registration of civil unions. by way of either 20 a marriage or a civil piutnership; and (/?) to provide for the legal consequences of the solemnisation and registration of civil unions. Relationships tn which Act applies

3. This Act applies to civil union partners joined in a civil union. 25 Solemnisation uf civil union 4. (1) A marriage officer may solemnise a civil union in accordance with the provisions o f this Act. (2) Subject to this Act. a marriage officer has all the powers, responsibilities and duties. as coiiferred upon him or her under the Marriage Act. lo solemnise a civil union. 30 Designation of ministers c!f religion and other persons attached to religious denomination or organisation as marriage officers 5. ( 1 ) Any religious denomination or organisation mav apply in writing to the Minister to be designated as a religious organisation that may solemnise marriages in terms of this Act. ( 2 ) ‘Ihe Minister may designate such a religious denomination or organisation as a religious institution that may solemnise marriages under this Act. and must. from time to time. publish particulars of all religious institutions so designated in the (;nzPtre. 35 ( 3 ) The Minister may. on request o f any designated religious institution referred to in subsection (2), revoke the designation under that subsection and must publish such 40 revocation i n the GnzPttP. (4) ’Ihe Minister and any olticer i n the public service authorised thereto by him or her may designate. upon receiving a written request from any minister of religion or any person holding a responsible position in any designated religious institution to he. as long as he or she is such a minister or occupies such position, a marriage otlicer for the 4.5 purpose ofsolemnising marriages. in accordance with this Act. and according to the rites 01 that religioit. 6 No.29441 Act No. 17. 2006 GOVERNMENT GAZETTE. 30 NOVEMBER 2006 CIVII. l ' N I O N ACT. 2006 ( 5 ) Every designation of a person as a marriage officer under subsection (4) shall be by written instrument and the date as from which it shall have etfect and any limitation to which i t i s subject shall he specified in such instrument. (6) 'The Minister and any officer in the puhlic service authorised thereto by him or her may, upon receiving a written request from a person designated as a marriage otlicer under subsection (4). revoke. in writing. the designation of such person as a marriage officer for purposes of solemnising marriages under this Act. 5 Marriage officer not compelled to solemnise civil union

6. A marriage otficer, other than a marriage officer referred to i n section 5. may i n writing inform the Minister that he or she oblects ori the ground of conscience. religion and belief to solemnising a civil union between persons ofthe same sex. whereupon that marriage ofricer shall not he compelled to solemnise such civil union I O Prohibition of solemnbation of civil union without production of identity document or prescribed affidavit

7. No marriage officer may solemnise a civil union unless- 15 (0) each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act; ( h ) each of such parties furnishes to the marriage ol'fcer the prescribed affidavit: or (c) one of such parties produces his or her identity document referred to in 2 0 paragraph ( N ) to the marriage officer and the other furnishes to the marriage officer the affidavit referred to i n paragraph (h). Requirements for solemnisation and registration of civil union 8. (1) A person may only be a spouse or partner in one marriage or civil partnership. as the case may be, at any given time. ( 2 ) A person in a civil union may not conclude a marriage under the Marriage Act or 25 the Customary Marriages Act (3) A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union. (4) A prospective civil union parlner who has previously been married under the 30 Marriage Act or Customary Marriages Act or registered as a spouse in a marriage or a partner in a civil partnership p d e r this Act, inust present a certified copy ofthe divorce order. or death certilicate of the former spouse or partner, as the case may he, to tlie marriage officer as proof that the previous marriage or civil union has been terminated. ( 5 ) The marriage officer may not proceed with the solemnisation and registration of 35 the civil union unless in possession o f the relevant documentation referred to in subsecti on ( 4 ). ( 6 ) A civil union may only be registered by prospective civil union partners who would. apart from the fiict that they are of the same sex. not be prohibited by law from conclpding a marriage undcr the Marriage Act or Customary Marriages Act. 40 Objections to civil union 9. ( 1 ) Any person desiring to raise any ob.jection to any proposed civil union must lodge such objection i n writing with the marriage ofticer who is to solemnise such civil union. ( 2 ) [Jpon receipt of any such objection the marriage officer concerned must inquire 45 into the grounds of the objection and if he 01- she is satisfied that there is no lawful impediment to [he proposed civil union. he or she may solemnise the civil union. ( 3 ) If he or shc is not so satisfied. he or she must refuse to solemnise tlie civil union arid I-ccoi-d tlie re;isoiis fot- sucli reftisal in writing. 8 No. 29441 Art No. 17. 2006 GOVERNMENT ( ; u E - r r E . 70 NC)VEMAF:R 2006 CIVIL [INION ACT. 2006 Time and place for and presence of parties and witnesses at solemnisation and registration of civil union 10. (1 ) A marriage officer may solemnise and register a civil union at any time on any day of the week, but is not obliged to solemnise a civil union at any other time than between the. hours of eight i n the morning and four in the afternoon. 5 (2) A marriage olfcer must solemnise and register a civil union in a public ofice or private dwelling-house or on the premises used for such purposes by the marriage otlicer, with open doors and in the presence of the parties themselves and at least two competent witnesses, but the foregoing provisions of this subsection do not prohibit a marriage officer to solemnise a civil union in any place other than a place mentioned 1 0 herein, iflhe civil union must be solemnised in such other place by reason ofthe serious or longstanding illness of, or serious bodily injury to. one or both of the parties. ( 3 ) No person is competent to enter into a civil union through any other person acting as his or !?et- representative. Formula for solemnisation of marriage or civil partnership 15 11. ( 1 ) A marriage officer must inquire from the parties appearing before him or her whether their civil union should be known as a marriage or a civil partnership and must thereupon proceed by solemnising the civil union i n accordance with the provisions of this section. (2) In solemnising any civil union. the marriage officer must put the following 20 questions to each of the parties separately. and each of the parties must reply thereto in the atlirmative: “Do you, A.B.? declare that as far as you know there is no lawful impediment to your proposed marriagdcivil partnership with C.D. here present. and that you call all here present to witness that you take C.D. as your lawful spousekivil partner‘?”l 25 and thereupon the parties must give each other the right hand and the marriage officer concerned must declare the marriage or civil partnership, as the case may be, solemnised in the following words: “I declare that A.B. and (?.I>. here present have been lawfully joined in a marri agekiv i I partnership. ” . 30 ( 3 ) If the provisions of this section relating to the questions to be put to each of the parties separately or to the declaration whereby the marriage or civil partnership shall be declared to he solemnised. or to the requirement that the parties must give each other the right hand. have not been strictly complied with owing to- ( 0 ) an error, omission.,or oversight commilted i n good faith by the marriage 3.5 oflicer: (17) an error. omission or oversight committed in good faith by the parties; or (c) the physical disability of one or both of the parties. and such civil union has in every other respect been solemnised in accordance with the provisions of this Act. that civil union shall. provided there was no other lawhl 40 impediment thereto. be valid and binding. Registration of civil union 12. (1) The prospective civil union partners must individually and in writing declare their willingness to enter into the civil union with one another hy signing the prescribed document in the presence of two witnesses. (2) The marriage oflicer and the two witnesses must sign the prescribed document lo certify that the declaration made i n terms of section 11(2) was made in their presence. (3) The marriage otficer must issue the partners to the civil union with a registration certificate stating that they have. under this Act, entered into a marriage or a civil partnership. depending on the decision made by the parties in terms of section 11 ( 1 ). ( 4 ) The certificate conlemplated i n subsection (3) is prim7 j i i ( ’ i p proof [hat a valid civil 45 50 union exists between the partiicrs referrcd to i n the certiticate. , 10 No. 29-1-11 Art No. 17. 2006 GOVLRNMENT GAZETTE. 30 NOVEMBER 2006 CIVII. IINION AC'I. 2006 ( 5 ) Each marriage olticer must keep a record of all civil unions conducted by him or her. ( 6 ) The matriage officer must transmit the civil union register and records concerned to the oHici;il in the public service with the delegated responsibility for the population register i n the area in question. ( 7 ) 1Jpon receipt of the said register the official referred to in subsection (6) must cause tlie particulars of the civil union concerned to he included in the population register in accordance with the provisions of section 8frl 01 the Identilication Act. 5 Legal consequences of civil union 13. ( 1 ) The legal consequences ofa marriage contemplated in the Marriage Act apply, 19 with such chaiiges as may be required by the context. to a civil union. ( 2 ) Wit11 !he exception of the Marriage Act and the Customary Marriagds Act. any relcrencc Q)- ( m j marriage i n any other law. including the common law. includes. with such changes as may be required by the context. a civil union; and 15 ( h j husband. wife or spouse i n any other law. including the common law, includes a civil union partner. Offences and penalties 14. (1) Any marriage offtcer who purports to solemnise a civil union which he or she is not authorised under this Act to solemnise or which to his or Iier knowledge is legally 20 prohibited. and any person not being a marriage oficer who purports to solemnise a civil union. shall he guilty of an offence and liable on conviction to a fine or. i n default of payment. to imprisonment for a period not exceeding 12 months. ( 2 ) Any marriage olljcer who demands or receives any fee, gift or reward for or by reason of anything done by him or her as marriage officer in terms of this Act, shall be 25 guilty of an offence and liable on conviction to ii fine or, in default of payment. to imprisonment for a period not exceeding six monlhs. ( 3 ) Any tnarriage officer who knowingly solemiiises a civil union in contravention of the provisions of this Act, shall be guilty of an offence and liable on conviction to a tine or. i n default of payment, to imprisonment for a period not exceeding six months. (4) Any person who, for the purposes of this Act. makes any false representation or false svaternent knowing i t to he false. shall be guilty of an offence and liable on conviction to the pcnalties prescribed by law for per.jury. Kegul. .I t' ions 15. ( 1 ) The Minister may make regulations relating to- 30 35 I n ) the form and c~iiteiit ofcertilicates. iioticcs. affidavits and declarations for the I h j purposes of this Act; lhc tkes payable for any certificate issued or any other act performed in terms o f this Act: and ( c ) generally. any matter which by this Act is required or permitted to be 40 ' prescribed or which he or she considers necessary or expedient to prescribe in order that the purposes of this Act may he achieved or that the provisions of this Act may be effectively administered. (2) Such regiilations may prescribe penalties for a contravention thereof. of- ( a ) a fine not exceeding the amount that. in terms of the Adjustment of Fines Act. 45 1901 (Act No. 101 of 1991). may he imposed as an alternative to imprisonment for a period of six months: or ( h ) i n lieu of payment of a tine referred lo in paragraph In). imprisonment for a period not exceeding six months. 12 N o 19-IJI G( )VERNMIJN'I' GAZETTE. 30 NOVEMBER 2006 ( 3 ) A n y regulation made under the Marriage Act shall. i n thc absence of a regulation made under subsection ( I ). apply to the extent that it is practicable and necessary, in order Lo prciinok or facilitate the application of this Act: Provided that this subsection shall lapse aftel- a period of one year from the date of the commencement o f this Act. Short title and commencement 5

16. This Act is called the Civil 1Jnion Acl, 3006, and comes into operation on 30 Noveinher 1006 01- an earlier date lixed hy the kesitleiit by proclamation i n the ( ; O Z P / / P .