South Africa
Civil Union Act, 2006
Act 17 of 2006
- Published in government gazette 29441 on 30 November 2006
- Assented to on 29 November 2006
- Commenced on 30 November 2006
- [This is the version of this document as it was from 30 November 2006 to 21 October 2020.]
1. Definitions
In this Act, unless the context otherwise indicates—"civil union" means the voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered way of either a marriage or a civil partnership, in accordance with the procedures prescribed in this Act, to the exclusion, while it lasts, of all others;"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 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 Marriage Act; or(b)any minister of religion, or any person holding a responsible position in any religious denomination or organisation, designated as marriage officers under section 5 of this Act;"Minister" means the Cabinet member responsible for the administration of Home Affairs;"prescribed" means prescribed by this Act or by regulation made under this Act; and"this Act" includes the regulations.2. Objectives of this Act
The objectives of this Act are—3. Relationships to which Act applies
Act applies to civil union partners joined in a civil union.4. Solemnisation of civil union
5. Designation ministers of religion and other persons attached to religious denomination or organisation as marriage officers
6. Marriage officer not compelled to solemnise civil union
A marriage officer, other than a marriage officer referred to in section 5, may in writing inform the Minister that he or she objects on the ground of conscience, religion and belief to solemnising a civil union between persons of the same sex, whereupon that marriage officer shall not be compelled to solemnise such civil union.7. Prohibition of solemnisation of civil union without production of identity document or prescribed affidavit
No marriage officer may solemnise a civil union unless—8. Requirements for solemnisation and registration of civil union
9. Objections to civil union
10. Time and place for and presence of parties and witnesses at solemnisation and registration of civil union
11. Formula for solemnisation of marriage or civil partnership
12. Registration of civil union
13. Legal consequences of civil union
14. Offences and penalties
15. Regulations
16. Short title and commencement
This Act is called the Civil Union Act, 2006, and comes into operation on 30 November 2006 or an earlier date fixed by the President by proclamation in the Gazette.History of this document
22 October 2020 amendment not yet applied
Amended by
Civil Union Act Amendment Act
30 November 2006 this version
Commenced
29 November 2006
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Civil Union Regulations, 2006 | Government Notice R1206 of 2006 |
Civil Union Regulations: Amendment | Government Notice R1 of 2009 |
Civil Union Regulations: Correction | Government Notice R1250 of 2006 |
Cited documents 3
Legislation 3
Documents citing this one 49
Gazette 30
- Free State Provincial Gazette dated 2010-02-04 number 104
- Free State Provincial Gazette dated 2010-06-08 number 37
- Gauteng Provincial Gazette dated 2015-02-27 number 51
- KwaZulu-Natal Provincial Gazette dated 2008-08-08 number 156
- North-West Provincial Gazette dated 2018-02-15 number 7851
- South Africa Government Gazette Legal Notices A dated 2020-01-24 number 42969 part 1
- South Africa Government Gazette Regulation Gazette dated 2006-12-05 number 29450
- South Africa Government Gazette Regulation Gazette dated 2008-08-22 number 31356
- South Africa Government Gazette Regulation Gazette dated 2009-01-02 number 31750
- South Africa Government Gazette Regulation Gazette dated 2014-02-19 number 37355
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette dated 2007-08-29 number 30240
- South Africa Government Gazette dated 2008-11-26 number 31643
- South Africa Government Gazette dated 2010-12-07 number 33850
- South Africa Government Gazette dated 2010-12-07 number 33851
- South Africa Government Gazette dated 2010-12-24 number 33899
- South Africa Government Gazette dated 2011-08-26 number 34561
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2017-12-18 number 41343
- South Africa Government Gazette dated 2018-03-01 number 41475
- South Africa Government Gazette dated 2018-10-29 number 42005
- South Africa Government Gazette dated 2019-05-23 number 42482
- South Africa Government Gazette dated 2020-04-03 number 43192 part 1
- South Africa Government Gazette dated 2020-10-22 number 43832
- South Africa Government Gazette dated 2020-12-11 number 43981 part 1
- South Africa Government Gazette dated 2021-05-04 number 44529
- South Africa Government Gazette dated 2021-05-11 number 44557
Judgment 10
- Bwanya v Master of the High Court, Cape Town and Others [2021] ZACC 51 (31 December 2021)
- DE v RH [2015] ZACC 18 (19 June 2015)
- Gaum and Others v Van Rensburg NO and Others (40819/17) [2019] ZAGPPHC 469 (8 March 2019)
- Groenewald and Others v Momentum Retirement Annuity Fund and Others (7777/2021) [2022] ZAWCHC 164 (10 November 2022)
- MIA v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 3 (26 March 2015)
- Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae) [2018] ZACC 19 (29 June 2018)
- Nandutu and Others v Minister of Home Affairs and Others [2019] ZACC 24 (28 June 2019)
- Paixao and Another v Road ACCident Fund (640/2011) [2012] ZASCA 130 (26 September 2012)
- Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)
- Xiuguo and Another v The Director-General of the Department of Home Affairs and Another (60392/16) [2018] ZAGPPHC 277 (5 July 2018)