Civil Union Act, 2006
| Civil Union Act, 2006 | |
|---|---|
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| Parliament of South Africa | |
| Act to provide for the solemnisation of civil unions, by way of either a marriage or civil partnership; the legal consequences of civil unions; and to provide for matters incidental thereto. | |
| Citation | Act No. 17 of 2006 |
| Enacted by | National Assembly |
| Date passed | 14 November 2006 |
| Enacted by | National Council of Provinces |
| Date passed | 28 November 2006 |
| Date assented to | 29 November 2006 |
| Date commenced | 30 November 2006 |
| Legislative history | |
| Bill introduced in the National Assembly | Civil Union Bill |
| Bill citation | B 26—2006 |
| Bill published on | 31 August 2006 |
| Introduced by | Nosiviwe Mapisa-Nqakula, Minister of Home Affairs |
| First reading | 12 September 2006 |
| Second reading | 14 November 2006 |
| Related legislation | |
| Marriage Act, | |
| Status: In force | |
The Civil Union Act, 2006 (Act No. 17 of 2006) is an act of the Parliament of South Africa which legalised same-sex marriage. It allows two people, regardless of gender, to form either a marriage or a civil partnership. The act was enacted as a consequence of the judgment of the Constitutional Court in the case of Minister of Home Affairs v Fourie, which ruled that it was unconstitutional for the state to provide the benefits of marriage to opposite-sex couples while denying them to same-sex couples.
The Constitutional Court's judgment set a deadline of 1 December 2006 for Parliament to rectify the situation. If Parliament missed the deadline, words would be "read in" to the Marriage Act to allow same-sex marriages to take place.
On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament. It was introduced in the National Assembly by the Minister of Home Affairs on 12 September. The original bill only allowed for civil partnerships between same-sex partners, and also included provisions to recognise domestic partnerships between unmarried partners, both same-sex and opposite-sex. The bill was amended by the Portfolio Committee on Home Affairs to allow both marriages and civil partnerships, and to open them to opposite-sex as well as same-sex couples. The committee also removed the provisions dealing with unregistered domestic partnerships.
The final vote in the National Assembly was held on 14 November. The ruling African National Congress called a three line whip, requiring its MPs to vote for the bill. Most opposition parties voted against it, while the Democratic Alliance allowed its MPs a conscience vote. The bill passed by 230 votes to 41 with two abstentions. The National Council of Provinces passed it on 28 November by 36 votes to 11 with one abstention. It was signed on 29 November by Deputy President Phumzile Mlambo-Ngcuka (acting for President Thabo Mbeki) and came into force the following day.
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