Page:Civil Union Act 2006 from Government Gazette.djvu/3

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“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 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.

Objectives of Act

2. The objectives of this Act are―

(a)

to regulate the solemnisation and registration of civil unions, by way of either a marriage or a civil partnership; and

(b)

to provide for the legal consequences of the solemnisation and registration of civil unions.

Relationships to which Act applies

3. This Act applies to civil union partners joined in a civil union.

Solemnisation of civil union

4. (1) A marriage officer may solemnise a civil union in accordance with the provisions of this Act.

(2) Subject to this Act, a marriage officer has all the powers, responsibilities and duties, as conferred upon him or her under the Marriage Act, to solemnise a civil union.

Designation of ministers of religion and other persons attached to religious denomination or organisation as marriage officers

5. (1) Any religious denomination or organisation may apply in writing to the Minister to be designated as a religious organisation that may solemnise marriages in terms of this Act.

(2) The 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 Gazette.

(3) The Minister may, on request of any designated religious institution referred to in subsection (2), revoke the designation under that subsection and must publish such revocation in the Gazette.

(4) The Minister and any officer in 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 be, as long as he or she is such a minister or occupies such position, a marriage officer for the purpose of solemnising marriages, in accordance with this Act, and according to the rites of that religion.