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Ramaphosa passes the Civil Union Amendment Bill into law

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Ramaphosa passes the Civil Union Amendment Bill into law

President Cyril Ramaphosa
President Cyril Ramaphosa

23rd October 2020

By: News24Wire

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President Cyril Ramaphosa has passed into law the Civil Union Amendment Bill, which prevents marriage officers from refusing to conduct same-sex marriages.

The bill was passed on Thursday.

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According to the legislation, Home Affairs Minister Dr Aaron Motsoaledi must ensure that there is a marriage officer available to solemnise a civil union at every office.

Earlier, the Centre for Human Rights welcomed the passing of the bill by the National Council of Provinces (NCOP).

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Spokesperson Thiruna Naidoo said the bill repealed Section 6 of the Civil Union Act 17 of 2006 (CUA), which provided that a marriage officer may, in writing, inform the Minister of Home Affairs that he or she objects to solemnising a civil union between persons of the same sex on the ground of conscience, religion, and belief.

Naidoo added that this provision had long been a barrier to the legal recognition of same-sex couples by marriage officers in the Department of Home Affairs.

"Under the Civil Union Amendment Bill, a transitional period of 24 months is given [for] the Department of Home Affairs to train those officials that had previously been granted an exemption by the minister.

"During this transitional period, a marriage officer, other than those granted exemption, must be available to solemnise a civil union at every Department of Home Affairs office to ensure that same-sex couples are no longer turned away," said Naidoo.

Naidoo added that the bill was a positive step toward eliminating existing differentiation between marriages and civil union partnerships, reducing discrimination against same-sex relationships and achieving equality for same-sex couples in South Africa.

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