1 December 2006
Acting President, Ms Phumzile Mlambo-Ncquka, has signed into law the Civil
Union Bill with effect from 30 November 2006.
The Civil Union Act, 2006 (Act No 17 of 2006) which accords same sex couples
the same rights and status as heterosexual married couples breaks new ground.
The Act ensures and respects the equality and the dignity of same sex people in
South African society.
Welcoming the new law, Home Affairs Minister Nosiviwe Mapisa-Nqakula said
the passing of the Civil Union Act has demonstrated that South Africa is
maturing as a democracy in which a culture of tolerance and respect for human
rights has become entrenched amongst its citizens.
The signing into law of the Civil Union Act makes the democratic South
Africa the 14th country in the world and the first in the continent to afford
same sex couples equal protection through legal instruments such as the Civil
Union Act.
The Acting Director-General of Home Affairs, Mr Joel Chavalala, has assured
all South Africans that the Department of Home Affairs is ready to start
implementing the Civil Union Act with immediate effect.
"Our information technology (IT) systems have been tested, forms printed and
marriage officers and other frontline officers are now trained to deal with
issues relating to the new Act," said Mr Chavalala.
In terms of the provisions of the Civil Union Act, anyone 18 years or older
may enter into a civil union. Any religious denomination or organisation
wishing to solemnise civil unions has to apply in writing to the Minister to be
designated as a religious institution that may solemnise marriages in terms of
the Civil Union Act.
Furthermore, any minister of religion or any person holding a responsible
position in any designated religious institution must in writing apply to be
designated as a marriage officer for purposes of solemnising marriages in
accordance with this Act. State officials, who have already been designated as
marriage officers in terms of the Marriage Act of 1961, may solemnise civil
unions with immediate effect.
The parties to the civil union may choose to have their civil union
registered as either a marriage or a civil partnership upon which a certificate
will be issued and the particulars will be entered into the population
register. It should be noted that the Civil Union Act does not repeal the
Marriage Act of 1961 or the recognition of the Customary Marriages Act of
1998.
"We are particularly excited to be at the forefront of this historic
development in our country," Chavalala said.
Contact:
Jacky Mashapu
Acting Head of Communication
Cell: 082 885 8449
Mantshele wa ga Tau
Acting Director, External Communications
Cell: 082 802 4814
Cleo Mosana
Ministerial Liaison Officer
Cell: 082 902 8796
Issued by: Department of Home Affairs
1 December 2006
