Civil Union Bill

Parliament has passed the Civil Union Bill, which will become law shortly.

In a nutshell, the Bill recognises that our family law dispensation had not taken proper cognisance of same-sex couples and they suffered discrimination which was unconstitutional.

At the same time, parliament had to consider the interests of other groups and various representations that have been made in relation to the concept of marriage.

Parliament accordingly passed the Bill, in its present form, to allow for same-sex couples to enjoy the same privileges and protection in our law as those afforded to married couples.

A civil union is defined in the Bill as a voluntary union of two persons who are both 18 years of age or older, which is solemnised and registered by way of either a marriage or civil partnership, in accordance with the procedures described in the Bill, to the exclusion, whilst it lasts, of all other parties.

Same-sex couples can, accordingly, enter into a civil partnership in terms of the Civil Union Bill, but would not be able to get married in terms of the existing Marriage Act.

In law, they will however enjoy the same protection as married couples, and our divorce act would also be available to samesex couples, in the event of a breakdown of such partnerships.

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