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
30 November 2006 this version
29 November 2006
Cited documents 3
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Documents citing this one 54
Gazette
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Reported
Wills Act 7 of 1953 — constitutionality of section 2C(1) — definition of “surviving spouse” — spouses in polygamous Muslim marriages excluded — unconstitutional |
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Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — inconsistent with the Constitution Sections 8, 21 and 28 of the Constitution — children’s rights — section 36 of the Constitution — unjustifiable limitation
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Order granted in favour of the plaintiff without reasons pursuant to a stated case. Defendant sought reasons for the order in terms of Rule 49(1) (c) of the Uniform Rules - application for reasons made out of time without seeking condonation- Such an application must be made within ten days from the date of judgment- reasons provided nonetheless. The plaintiff instituted divorce proceedings. Defendant’s special plea - the marriage between the parties null and void ab initio as the plaintiff was already married to a third party at the time of their marriage. Whether the marriage entered into between the parties is null and void ab initio — Marriage concluded between the plaintiff and the other party declared null and void ab initio- and the marriage between the parties still extant. |
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Rules
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Subsidiary legislation
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Human Rights
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Government Notice R1206 of 2006 |
Human Rights
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Government Notice R1 of 2009 |
Human Rights
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Government Notice R1250 of 2006 |