Page:Civil Union Act 2006 from Government Gazette.djvu/4



(5) Every designation of a person as a marriage officer under subsection (4) shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.

(6) The Minister and any officer in the public service authorised thereto by him or her may, upon receiving a written request from a person designated as a marriage officer under subsection (4), revoke, in writing, the designation of such person as a marriage officer for purposes of solemnising marriages under this Act.

Marriage officer not compelled to solemnise civil union

6. 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.

Prohibition of solemnisation of civil union without production of identity document or prescribed affidavit

7. No marriage officer may solemnise a civil union unless―

each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act; each of such parties furnishes to the marriage officer the prescribed affidavit; or one of such parties produces his or her identity document referred to in paragraph (a) to the marriage officer and the other furnishes to the marriage officer the affidavit referred to in paragraph (b).

Requirements for solemnisation and registration of civil union

8. (1) A person may only be a spouse or partner in one marriage or civil partnership, as the case may be, at any given time.

(2) A person in a civil union may not conclude a marriage under the Marriage Act or the Customary Marriages Act.

(3) A person who is married under the Marriage Act or the Customary Marriages Act may not register a civil union.

(4) A prospective civil union partner who has previously been married under the Marriage Act or Customary Marriages Act or registered as a spouse in a marriage or a partner in a civil partnership under this Act, must present a certified copy of the divorce order, or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous marriage or civil union has been terminated.

(5) The marriage officer may not proceed with the solemnisation and registration of the civil union unless in possession of the relevant documentation referred to in subsection (4).

(6) A civil union may only be registered by prospective civil union partners who would, apart from the fact that they are of the same sex, not be prohibited by law from concluding a marriage under the Marriage Act or Customary Marriages Act.

Objections to civil union

9. (1) Any person desiring to raise any objection to any proposed civil union must lodge such objection in writing with the marriage officer who is to solemnise such civil union.

(2) Upon receipt of any such objection the marriage officer concerned must inquire into the grounds of the objection and if he or she is satisfied that there is no lawful impediment to the proposed civil union, he or she may solemnise the civil union.

(3) If he or she is not so satisfied, he or she must refuse to solemnise the civil union and record the reasons for such refusal in writing.