CALL TO SCRAP CIVIL UNIONS BILL PUBLIC HEARINGS AND START AGAIN

28 September 2006

CALL TO SCRAP CIVIL UNIONS BILL PUBLIC HEARINGS AND START AGAIN

Today 28 September 2006, Defend Marriage, a coalition of pro-marriage organisations, called on parliament to abandon the disastrously organised public hearings on the Civil Unions Bill and start again. Information for the location times and venues has in many cases only been available with 24 hours or less notice from the Committee Secretaries. Newspaper advertisements did not give specific venues or times. The times, venues and locations of many hearings have been changed at the last minute, sometimes even after the hearings were supposed to have started. Sometimes they were only finalised the day before the hearing took place. The organisers in many cases do not know the street address of the venues and referred people to the local municipalities to find out. The main method of advertising has been word of mouth, where interested organisations phone the parliamentary officials to update on changes and then phone or email to notify others.

In Polokwane, parliament was not ready for the hearing at 11:30 when the hearing was supposed to have commenced at 10am and the venue and time was moved to the local township to commence later that afternoon. Interested parties were only notified of the new venue that same afternoon. Hearings advertised for Ulundi and Upington have been cancelled. Interested parties who asked for information by the email address advertised have not been replied to. This email address is not being accessed while the officials are travelling for the hearings. The Pietermaritzburg hearing scheduled originally for Saturday 30th September has been moved to Friday 29th September, but most interested parties in Kwa-Zulu Natal do not yet know of the change. The parliamentary officials have not notified interested parties of the date and venue changes and cancellations even when asked to do so. Interested parties have had to phone repeatedly to keep up to date on changes. In Polokwane on 21st September, ChristianView Network requested new rescheduled public hearings and parliament agreed to do this on 6 October 06. Nevertheless, parliament has not yet been able to confirm the new venue. The disaster should not be blamed on parliamentary officials, since they were given unreasonable time frame to organise this and have never organised such provincial hearings before.

This poor advertising, venue and date changes unreasonably infringes on the rights of interested parties to have their voices heard. Many do not know about the opportunity or did not hear in time to schedule to be present. We believe it therefore does not comply with the Constitutional Court ruling of 17 August 2006 requiring provincial public participation.

‘Defend Marriage’ therefore calls on parliament to abandon the current disastrously organised public hearings and start again. To be fair, public notification should follow the standards accepted by the Department of Environment Affairs for environmental public meetings, with all venues and times properly advertised ten days in advance of the public meeting. It is suggested that parliament should employ professional public participation consultants to ensure the hearings are properly organised to comply with the Constitutional Court requirements. Parliament should ask the Constitutional Court for an extension of time to undertake the process in a reasonable time frame.

Despite this very poor advertising and organisation there has been enormous interest in attending the hearings and many leaders have changed their busy schedules to be present at only 24 hours notice. The best-attended hearing was Soweto on 20th September 06. Some organisations wanted to but could not attend hearings because they were not properly notified in advance.

The deadline for written submissions is 6th October 2006 by 16:30. Organisations should send your written submissions and requests to make oral submissions to dmartin@parliament.gov.za

‘Defend Marriage’ encourages interested parties to participate in these hearings despite the problems as we don’t have a guarantee that new hearings will be granted.

To add to the confusion, the name of the ‘Civil Unions Bill’ itself is misleading and most members of the public are unaware of its content. Firstly unlike ‘Civil Unions’ overseas, it essentially grants all the rights of marriage to same-sex couples and even allows the use of the word ‘marriage’ in the ceremony. Secondly, about half of the Bill deals with rights for opposite sex couples in the form of registered and unregistered ‘domestic partnerships’, which create a controversial marriage alternative and rights for unmarried couples. These rights compete with the rights of those in customary marriages, which is concerning Traditional leaders and religious communities using customary marriages. Most of the public is completely unaware of these additional radical social engineering proposals, which in themselves deserve extensive public consultation.

The latest information we have for the hearings is:
All provincial hearings from 10 am to 2 pm.

* Friday 29 September: Pietermaritzburg: New Hanover Hall, Next to welfare department, R33 Greytown Road.
* Monday 2nd October: Umtata: Umtata City Hall, Leeds Road, Umtata
* Wednesday 4th October: Phokeng in Rustenburg, Mose Kotane Municipality Chambers, Phokeng, Rustenburg.
* Thursday 5th October: Kimberly: Galeshiwe Civic Hall, Galeshewe, Kimberly.
* Friday 6 October: Polokwane (Venue not confirmed yet)
* Monday 9 October: Woodstock, Cape Town: Woodstock Town Hall

10 - 11 Oct - Parliament
12 - 13 Oct - Stakeholder public hearings - Parliament
16 - 19 Oct - Committee Deliberations
The above national hearings & deliberations in parliament take place 9:00
hrs to 16:00 hrs
20 October - vote in the Committee (9:00-13:00hrs)

After this, the National Council of Provinces needs to conduct their own process and it needs to be passed by both houses of parliament before 1st December 2006 in order to meet the deadline set by Judge Albie Sachs on 1st December 2005. ‘Defend Marriage’ says there is not enough time left to do this process properly to comply with the constitutional court ruling of 17 August 2006 and therefore, Home Affairs should request the Constitutional Court to grant an extension of time. The Constitutional Court has granted extensions of time for passing of other legislation in the past.

For more information, please contact: Ms Dineo Martin, (021) 403 3601; Fax (021) 403 2808;
dmartin@parliament.gov.za Cell:072 2312337 or Mr Mangke 072 1864205 to get
up to date information on exactly where and when the public hearings are
taking place. The above schedule could change at the last minute.

Mr Patrick Chauke, the Home Affairs Portfolio Committee Chairperson can be contacted at 073 827 5375

Pro-marriage demonstration chant

The following demonstration chant was composed by Hugh Wetmore (former leader of the Evangelical Fellowship of South Africa). Many Christian political demonstrations sing Christian worship songs which are not on the theme of the demonstration. Thus the need for chants composed specifically for this purpose.

PRO-MARRIAGE CHANT

Together forever
a Man and his Wife.
Together forever
God joins them for life.


Together forever
a Wife and her Man.
Together forever
as God’s sacred plan..


God never will ever
join man to a man.
No State law can ever
change God’s sacred plan.

Words: Hugh G Wetmore (c) 2006
May be used without permission
provided credit given
in printed,OH or electronic format
Metre: 6565
Tune: Chant it without a tune
or make up an easy two-line tune.

Letter to parliamentarians 18 September 2006 by ChristianView Network

18 September 2006

Dear Member of Parliament

Comments by Members of Parliament on a Constitutional Amendment to protect Marriage

We sent a proposal with a response form to consult you on the idea of a Constitutional Amendment to protect the definition of marriage on 14 June 2006. The following are the written responses we received from Members of Parliament in six different political parties:

· “It is inconceivable that either the serving lawmakers or the sitting judges would contemplate a marriage between themselves and persons of the same sex, nor do I think that the constituent assembly intended to imply same-sex marriages.”
· “If the majority of Christians in this country are sincerely Christian they will have to make a choice between God and man made law. They will have to take a stand to the glory of God. There is no middle way. Those who want to obey God and need God for protection, blessing and success should come together in solidarity against all evil and this bill.”
· “I don’t support same-sex marriage because it is against God’s law. If you adopt a child in that situation, it will affect the child’s mind. The child won’t even distinguish between mother and father and the roles they have to play as parents.”
· “It is a pity that leaders of some religious institutions are also confused and allowed themselves to be co-opted to drive the ‘same-sex marriage’ agenda.”
· “I am totally against same-sex marriage.”
· “As a Christian I believe that marriage was created by God when he gave Eve to Adam as a wife. He said to them: ‘multiply and replenish the earth’.”
· “Same-sex marriage is not recognised by the Holy Book, hence not negotiable”
· “I agree fully with reasons put forward in your circular letter. These reasons should form the basis for elaborate discussion on this matter. As a result the majority of parliamentarians and the general public should be convinced of the undesirability of the ‘recognition’.”
· “Leviticus 18:22, 20:13”
· ‘I consider myself a married man because my wife and I constitute a family.”
· “You will be pleasantly surprised that the leader of our party, Kgosi L. M. Mangope put it categorically as a matter of policy that he and the party will not accept ‘same-sex marriages’. My Church has come up with a policy position that same-sex marriages/unions should not be recognised and that should a pastor officiate over such marriage, such a pastor will be struck off the roll. I therefore fully subscribe to these two positions.”
· “Thanks for your good work. May God bless your work and give us the victory in His time.”

One parliamentarian phoned to promise she would vote for the constitutional amendment and against ‘same-sex marriage’ even if it cost her seat.

What you can do to defend the sanctity of marriage:

· Please oppose the proposed ‘Civil Unions Bill’.
- It is misleadingly named, since it gives same-sex couples almost all the same legal rights as married people and even allows the word ‘marriage’ to be used in the ceremony vows.
- It also includes the legalisation of ‘partnership rights’ for opposite sex couples who live together outside of marriage, whether registered or unregistered. This is radical and highly controversial legislation for which there is no need or urgency to consider and which needs to be separated from the proposed Civil Unions Bill or scrapped. It impacts the rights of spouses and children of those legitimately married under customary law. Nevertheless the bill is not planned to go to the House of Traditional Leaders. Many unmarried couples may chose this instead of marriage, thus giving their children less security than those with married parents.
- Most legal experts including Christians, state advisers and homosexual militants agree the Bill does not comply with the requirements of the 1 December 2005 Constitutional Court ruling. We therefore don’t understand the purpose of the bill and suggest it be scrapped.

· There has been an attempt to justify the short time for public consultation based on claimed consultation by government with the SA Law Reform Commission (SALRC), which had a prior public consultation process. Reality is that there has been very little communication between government and the SALRC and government has not accepted the recommendations of the SALRC process on ‘same-sex marriage’ or civil unions or even allowed them to be published. The process thus needs much more time. Please encourage the Department of Home Affairs to apply to the Constitutional Court for an extension of time in order to avoid parliament rushing through a poorly considered piece of legislation.

· To keep up to date with this issue, please visit http://defendmarriage.blogspot.com/

· A private members bill seeking a Constitutional Amendment to protect the sanctity of marriage has been tabled by ACDP MP Steve Swart. The bill reads “Amendment of section 39 of Act 108 of 1996 1. Section 39 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the addition of the following subsection: “(4) The Constitution shall be interpreted to mean that a marriage is a voluntary union of a man and a woman.” It will be referred to the committee on private members bills and petitions. This is the same proposal we consulted you on in our previous letter of 14 June 2006, and which those above supported. Please urgently support the speedy passage of this Constitutional Amendment bill before 1 December 2006 cut off date. If this bill is passed before 1 December 2006, then the legal definition of marriage will not change.

· Please support the call by many Members of Parliament for a free conscience vote on this important issue.

Yours sincerely,





Philip Rosenthal

Call to pray for parliament on marriage in Zulu

Isimemo somkhuleko wokumelana nomshado wobulili obufanayo

“Vikela umshado” iqembu eligqugquzela ukuvikela umshado limema amaKhrestu ukuba akhulekele uhulumeni ukuba amise umshado wobulili obufanayo kulamaviki amabili alandelayo (izinkonkoni).

· Ungathanda ukukhuleka kanjani kulamasonto amabili ezayo?

Beka isikhathi nsukuzonke kuze kube ngu 24 September ukhulekele amalunga ephalamende. Yilowo nalowo angazinqumela ukuthi uzobeka isikhathi esingakanani.

· Kubaluleke ngani ukuba sikhulekele iphalamende njengamanje?

Njengamanje sibhekene nesimo esibucayi ngendlela engakaze ibonakale emlandweni weNingizimu Afrika. Isinqumo esizothathwa iphalamende ngomshado phakathi kwezinkonkoni kulamasonto amabili ezayo, sizobanomthelela onzulu mayelana nekusasa kanye nesimo sokholo ezweni laseNingizimu Afrika. Iqembu lamajaji angakhethiwe ngokomthetho lizama ukudicilela phansi isithunzi somshado njengoba siwazi.

Uhulumeni uqale waphikisana nabo enkantolo, kepha njengamanje uya ngokuya evumelana nemibono yabo. Siyambonga uNkulunkulu ukuthi iningi lamalunga ephalamende alihambisani nomshado wezinkonkoni. Kusukela ekuveleni kwentando yeningi ngo-1994, akukaze kube nokuhlukana ngokwemibono ephalamende njengoba kwenzeka manje. Sinethuba elihle lokuphumelela uma nje amalunga ephalamende ahambisana nomshado njengoba siwazi ezoma isibindi yize kubeka imisebenzi yawo yezepolitiki encupheni.

Ngonyaka ka-1996 no 2004 kwinkulumompikiswano mayelana nokukhishwakwezisu, amalungaephalamende aphoqelelwa ukuba avotele ukukhishwa kwezisu noma angazibandakanyi. Abalwela ukuhlanganiswa kongqinili ngokomshado bathemba ukuthi kuzophinda isimo esifanayo. Esikubonayo akukhona ukuvivinywa komshado wabantu abanobulili obufanayo, kepha kuwukuvivinywa kwentando yeningi nokuthi abaholi bethu besaba uNkulunkulu noma umuntu. Ngesikhathi esifanayo “i-private members bill” iye yaziswa ephalamende ukushintsha umthetho sisekelo. Akukaze kwenzeke lokhu ngaphambilini.


Abaholi bahulumeni abaningi bamelene nomshado wezinkonkoni, kepha baphoqelelwa izinkantolo kunye nabanye. Ngakho-ke kumele sibakhulekele ukuba babe nonembeza nesibindi. Abaningi bethu baye bazikhulekele nje bona kuphela. Kepha iBhayibheli liyasinxusa, singamaKhristu, ukuba sikhulekele nabaholi (1 Timothewu 2:1-2). Uma uhulumeni ethatha izinqumo ezimbi, kumele sizibuze ukuthi siwenzile yini umsebenzi wethu wokuba sibakhulekele.



· Obani okumele sibakhulekele?

1. Ungqongqoshe wezasekhaya Nosiviwe Mapisa Ngqakula ukuba ayeke ukubeka emthethweni umshado ophakathi kwabantu bobulili obufanayo,
2. Ungqongqoshe wezomthetho u Bridgette Mabandla ukuba avumelane nesichibiyelo kumthetho sisekelo.
3. uMongameli u Thabo Mbeki onomthelela kwingqubomgomo kahulumeni futhi uzodiga ukusayina ngokusemthethweni uku
4. Steve Swart ilunga lephalamende elifike ne private members bill ukuchibiyela umthethosisekelo.
5. Iqembu lezamasiko ase Afrika
6. Amalunga ephalamendekuzozonke izinhlangano zepolitiki – ikakhulu amakhrestu. Khulekela I ACDP, ANC, APO, DA, FF+, ID, IFP, PAC ne UCDP.
7. Abalwela ukuma komshado njengoaba siwazi. Ningikhulekele nami ukuthi ngingapheli amandla nokuthi uNkulunkulu asihambele phambili kule mpi.

· Yini okumele siyikhulekele?

1. Izinsiza kusebenza ezidingekayo ukulwa nokunqoba lempi.
2. Ukuba uNkulunkulu athethelele izwe lethu nebandla ngokubekezelela nokungalwisani nobunkonkoni.
3. Amabandla kaKhristu anga-compromise uma ebhekene nezimo zokushada kwezinkonkoni
4. Nokungaphumeleli kwamacebo kas Sathane lapho esebenzisa labo abalwela ukushada kwezinkonkoni
5. Inkantolo Yomthetho Sisekelo – ukuhlehlisa kwesikhathi sokucubungula lolu daba
6. Abezindaba – bbalunike isikhathi lolu daba kanti futhi basakaze ngokungabacwazi labo balwela umshado njengoba siwazi.
7. Ukushintshwa Komthetho Sisekelo ukuthi uvikele umshado njengoba siwazi.

· Ungaluthola kuphi ulwazi olubanzi ngalolu daba?

www.defendmarriage.co.za

Philip Rosenthal

Defend Marriage: Constitutional Marriage Amendment Campaign
www.defendmarriage.co.za
http://defendmarriage.blogspot.com/
Tel/fax: +27 (0)21 6854500
Mobile: +27 (0)82 6768966
Email: philip@rosenthal.net
Skype: PhilipRosenthal
Mail: Postnet 114, P/Bag X18, Rondebosch, 7701, South Africa

Constitutional Amendment bill tabled by ACDP MP Steve Swart

6 September 2006

Ms B Mbete
Speaker of the National Assembly
PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
CAPE TOWN

FAX: 021 461 9462

Dear Madam Speaker

SUBMISSION OF LEGISLATIVE PROPOSAL: CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SIXTEENTH AMENDMENT BILL

Kindly find attached hereto a copy of the memorandum required in terms of Rule 234(1) pertaining to the Constitution of the Republic of South Africa Sixteenth Amendment Bill, which I intend introducing in the Assembly in my individual capacity for purposes of obtaining the Assembly’s permission in terms of Rule 230(1).

I submit that the attached memorandum conforms to the requirements as set out in the above-mentioned Rule.

You are requested to table the memorandum in the National Assembly as required in terms of Rule 234 as well as to refer it to the Committee for Private Members Legislative Proposals and Special Petitions.

As you are aware, legislation must be passed by parliament by 1st December 2006 in terms of the Constitutional Court decision in the matter of Minister of Home Affairs v Fourie (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs 2006(1) SA 524 CC (the Fourie-case). I understand that the Civil Union Bill, 2006, will be tabled shortly.

There is huge public interest in constitutionally protecting the traditional view of marriage from legislative or judicial challenge, as proposed in the attached memorandum. To affect such a constitutional amendment not only requires various steps as set out in the Rules, but additionally two thirty day periods as set out in section 74 of the Constitution.

Your urgent attention and assistance in expediting this matter will thus be greatly appreciated.

Yours faithfully


MR STEVEN SWART MP
AFRICAN CHRISTIAN DEMOCRATIC PARTY


REPUBLIC OF SOUTH AFRICA


____________



THE CONSTITUTION SIXTEENTH AMENDMENT BILL, 2006


_________


(As introduced in the National Assembly as a section 74 Bill)
(The English text is the official text of the Bill)

____________


(MR S N SWART, MP)

[B…..---- 2006]






GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate ommissions from existing enactments.
_________________ Words underlined with a solid line indicate insertions in existing enactments.


________________________________________________________________________








BILL

To amend the Constitution of the Republic of South Africa, 1996, in order to add a definition of marriage; and to provide for matters connected therewith.


BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:–

Amendment of section 39 of Act 108 of 1996
1. Section 39 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the addition of the following subsection:

“(4) The Constitution shall be interpreted to mean that a marriage is a voluntary union of a man and a woman.”

Short title
2. This Act shall be called the Constitution Sixteenth Amendment Act, 2006.



MEMORANDUM ON THE OBJECTS OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SIXTEENTH AMENDMENT BILL

1. BACKGROUND

1.1 The Constitutional Court, in the matter of Minister of Home Affairs v Fourie (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs 2006(1) SA 524 CC (the Fourie-case), declared that the definition of marriage under the common law and the marriage formula as set out in section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961), were inconsistent with the Constitution and invalid to the extent that they failed to provide the means whereby the same-sex couples could enjoy the status and the benefits coupled with the responsibilities that marriage accorded to heterosexual couples. The Court ordered Parliament to correct these defects in the law by 1 December 2006, failing which section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961) will be read as including words “or spouse” after the words “or husband”.

1.2 The Constitutional Court made it very clear that a remedy that on the face of it would provide equal protection, but would do so in a manner that in its context and application would be calculated to bring new forms of marginalisation – a concept of separate but equal – would be unacceptable.

1.3 Accordingly, the constitutional amendment as proposed is the only means of protecting the common law definition of marriage and the marriage formula as set out in section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961).

2. OBJECTS OF THE BILL

The objects of the Bill are to amend the definitions clause in Chapter 2 of the Constitution of the Republic of South Africa, 1996, by the addition of a new subsection in which a marriage is defined as a voluntary union of a man and a woman. The purpose of the amendment is to effectively protect from legislative or judicial challenge the traditional view of marriage supported by the large majority of South Africans.

3. DEPARTMENTS/BODIES CONSULTED

The Marriage Alliance of South Africa was consulted.

4. IMPLICATIONS FOR THE PROVINCES

There are no financial implications for the provinces.

5. FINANCIAL IMPLICATIONS FOR THE STATE

There are no financial implications for the State.

6. PARLIAMENTARY PROCEDURE

The opinion is held that the Bill must be dealt with in accordance with the procedure established by section 74(2) of the Constitution since it contains an amendment which seeks to amend chapter 2 of the Constitution.

WHAT IS WRONG WITH THE CIVIL UNIONS BILL?

WHAT IS WRONG WITH THE CIVIL UNIONS BILL?

WHAT IS WRONG WITH CIVIL UNIONS?

In response to the constitutional Court ruling of December 2005, the government have tabled a draft bill know as the “Civil Unions bill.”

There is a temptation to be placated by the name of this bill. “Civil Unions’ are perceived to be much less harmful than same sex marriage. The reality of this bill is that so called ‘civil unions’ will have ALL the legal consequences of marriage. In fact, it is left up to the individual whether such a union is called a ‘marriage’ or a ‘civil union’.

Other nations have passed legislation which allow civil unions, however these unions do not have identical legal consequences to marriage, nor can the word ‘marriage’ be substituted for civil union.

The draft civil unions bills does not seem to be a genuine attempt to find an alternative to legalising same sex marriage. Instead it appears to be a stealth tactic, using language that will be more acceptable, whilst the content remains the same. Calling something another name does not change its nature. It is in fact dishonest to call this piece of legislation a “Civil Unions Bill”.

In addition, the bill also gives legal recognition to ‘domestic partnerships’. Which will further undermine marriage. Regulating domestic partnerships is not a requirement of the constitutional Court decision, and therefore totally unnecessary in this bill. The South African Law Reform Commission prepared a discussion paper on domestic partnerships in 2003 that was released for comment. It seems that the substance of this proposal is now being tacked onto the end of the civil unions bill.

Considering the time constraints, adding this section seems extremely ill advised. We suggest that the entire Chapter Three of the draft bill is removed. If parliament wants to consider Domestic partnerships it should do so at another time, using the proper procedures, with due consultation with the public, and not use the constitutional court decision as a platform for slipping in and pushing through highly controversial and unpopular legislation.

WHO CAN WRITE A SUBMISSION?

Any group or individual who is concerned about this legislation can write a submission. Your submission does not have to be long and detailed, but it must refer to the Civil Unions bill and give reasons why you oppose this bill.

Making a submission is part of your right and duty as a citizen.

Public hearings are being held across the country. Any interested person can apply to present their submission orally at the public hearing, or just attend as a spectator.

It is essential that as many people as possible make submissions and attend the public hearings. In this way, we can demonstrate our opposition to this legislation.

Send your submission to:
The Chairperson, Home
Affairs Portfolio Committee,
National Assembly, P O Box 15, Cape Town, 8000,
referring to the Civil Union Bill B 26 - 2006.
Fax 021 403 2808 (MrMankge - mmankge@parliament.gov.za)
or fax 021 403 2854 (Ms Martin -dmartin@parliament.gov.za).

A GUIDE FOR WRITING YOUR SUBMISSION

Criticisms of the Bill:
The bill creates a right to so called “civil Partnership” which has the identical rights and benefits of marriage

Legalising ‘civil unions’ instead of ‘marriage’ does not change the substance of what is happening. The only legal difference between a ‘civil union’ and a ‘marriage’ is their name. We object to the legalisation of civil unions therefore for the same reasons we object to the legalisation of same sex marriage, which are, amongst others:

· For the sake of children

The ideal environment for the raising of children is in a family with a mother and a father. Studies have proved that Children who grow up in such an environment have a distinct advantage.

· For the sake of a health society

It is not true that all personal domestic relationships have equal social value and the law should not favour one over another. Marriage is not just merely a religious, sentimental or emotional relationship; it provides society with social benefits. Studies have proved that marriage contributes to a healthier, wealthier, happier society.

Laws should encourage behaviours that are beneficial to society, and people who engage in those behaviours should be rewarded. The government gives incentives for example to first time homeowners, whilst levying high taxes on tobacco and alcohol. The government is not ‘discriminating’ against smokers, but society benefits when smoking is kept to a minimum.

Marriage benefits society like no other relationship. That is why, historically, it has been promoted by all societies over all other domestic relationships.

Therefore it is ultimately for the benefit of society that marriage, between a man and a woman only, should be extended benefits that are withheld from other couples, whose relationships do not benefit society as marriage does

DOMESTIC PARTNERSHIPS

Additionally, the bill gives legal rights to those living in ‘domestic partnerships’, which should not be included in this bill. Chapter 3 in its entirety should be removed.

THE TIME FACTOR:

In the light of recent constitutional Court rulings, we also suggest that you request a time extension in your submission, so that proper public consultation can be held.

This bill is highly controversial and should not be rushed through parliament.

Parliament is not just a rubber stamp for the Judiciary. It deserves more time to consult and debate this issue.

WE CALL FOR A CONSTITUTIONAL AMENDMENT BECAUSE:

It was not the intention of the framers of the constitution to rediefine marriage. The constitutional Court has ruled that marriage discriminates against certain people on the grounds of their sexual orientation. This is not true. Marriage does not discriminate against anyone; it is simply necessary to fulfil certain criteria.

For instance one is not permitted to marry one’s sibling or parent. Is this discrimination? If someone who is blind is refused a job as a bus driver, is he being discriminated against because he is disabled? No, having good eyesight is simply a non-negotiable criterion for being a bus driver. Likewise, marriage, in its very essence, is the union between a man and a woman only.

We call therefore for the addition of an interpretive clause to section 39 of the constitution, to read:

"The Constitution shall be interpreted to mean that a marriage is the voluntary union between a man and a woman only."

This will clarify the intention of the framers of the constitution and protect marriage, for the common good.

Does the Civil Union bill hurt the rights of spouses under customary law?

The following sections of the Civil Unions bill appear to compete with the rights of customary spouses under the Traditional customary law. Nevertheless, the government appears to be trying to pass this law without going through the House of Traditional Leaders.

Philip Rosenthal

---------------------------------------------

MEMORANDUM ON THE OBJECTS OF THE CIVIL UNION BILL, 2006

5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.

---------------------------------------------

Application for a maintenance order after separation

40. (1) A court may, after the separation of unregistered partners upon application of one or both of them, make an order which is just and equitable in respect of the payment of maintenance by one unregistered partner to the other for a specified period.
(2) When deciding whether to order the payment of maintenance and the amount and nature of such maintenance, the court must have regard to the age of the unregistered partners, the duration of the unregistered domestic partnership and the standard of living of the unregistered partners prior to separation, as well as the following matters—
(a) the ability of the applicant to support himself or herself adequately in view of him or her having custody of a minor child of the domestic partnership;
(b) the respective contributions of each unregistered partner to the domestic partnership;
(c) the existing and prospective means of each unregistered partner;
(d) the respective earning capacities, future financial needs and obligations of each unregistered partner;
(e) the relevant circumstances of another unregistered domestic partnership or customary marriage of one or both unregistered partners, where applicable,
in so far as they are connected to the existence and circumstances of the unregistered domestic partnership, and any other factor which in the opinion of the court should be taken into account.

Application for a maintenance order after death of unregistered partner

41. (1) A surviving unregistered partner may after the death of the other unregistered partner, bring an application to a court for an order for the provision of his or her reasonable maintenance needs from the estate of the deceased until his or her death, remarriage or registration of another registered domestic partnership, in so far as he or she is not able to provide therefore from his or her own means and earnings.
(2) The surviving unregistered partner will not, in respect of a claim for maintenance, have a right of recourse against any person to whom money or property has been paid, delivered or transferred in terms of section 34(11) or 35(12) of the Administration of Estates Act, or pursuant to an instruction of the Master in terms of section 18(3) or 25(1)(a)(ii) of that Act.
(3) The provisions of the Administration of Estates Act apply with the changes required by the context to a claim for maintenance of a surviving unregistered partner, subject to the following—
(a) the claim for maintenance of the surviving unregistered partner must have the same order of preference in respect of other claims against the estate of the deceased as a claim for maintenance of a dependent child of the deceased has or would have against the estate if there were such a claim;
(b) in the event of competing claims of the surviving unregistered partner and that of a dependent child of the deceased the court must make an order that it regards just and equitable with reference to all the relevant circumstances of the unregistered domestic partnership;
(c) in the event of competing claims of an unregistered partner and that of a surviving customary spouse, the court must make an order that it regards just and equitable with reference to the existence and circumstances of multiple relationships between the deceased and an unregistered partner, and between the deceased and a customary spouse;
(d) in the event of a conflict between the interests of the surviving unregistered partner in his or her capacity as claimant against the estate of the deceased and the interests in his or her capacity as guardian of a minor dependent child of the domestic partnership, the court must make an order that it regards just and equitable with reference to all the relevant circumstances of the unregistered domestic partnership; and
(e) the executor of the estate of a deceased spouse has the power to enter into an agreement with the surviving unregistered partner and the heirs and legatees having an interest in the agreement, including the creation of a trust, and in terms of the agreement to transfer assets of the deceased estate, or a right in the assets, to the surviving unregistered partner, or to impose an obligation on an heir or legatee, in settlement of the claim of the surviving unregistered partner or part thereof.

Determination of reasonable maintenance needs of surviving unregistered partner

42. When determining the reasonable maintenance needs of the surviving unregistered partner, the court must consider the—
(a) amount in the estate of the deceased available for distribution to heirs and legatees;
(b) existing and expected means, earning capacity, financial needs and obligations of the surviving unregistered partner;
(c) standard of living of the surviving unregistered partner during the subsistence of the unregistered domestic partnership and his or her age at the death of the deceased;
(d) existence and circumstances of multiple relationships between the deceased and an unregistered partner, and between the deceased and a customary spouse; and
(e) any other factor that it regards relevant.

Intestate succession

43. (1) Where an unregistered partner dies intestate, his or her surviving unregistered partner may bring an application to a court, subject to subsections (2) and (3), for an order that he or she may inherit the intestate estate.
(2) Where the deceased is survived by an unregistered partner as well as a descendant, such unregistered partner inherits a child's share of the intestate estate or so much of the intestate estate as does not exceed in value the amount fixed from time to time by the Cabinet member responsible for the administration of Justice by notice in the Gazette, whichever is the greater, as provided for in the Intestate Succession Act.
(3) In the event of a dispute between a surviving unregistered partner and the customary spouse of a deceased partner regarding the benefits to be awarded, a court may, upon an application by either the unregistered partner or the customary spouse, make an order that it regards just and equitable with reference to all the relevant circumstances of both relationships.

MEMORANDUM ON THE OBJECTS OF THE CIVIL UNION BILL, 2006 (August 06)

sv020906

MEMORANDUM ON THE OBJECTS OF THE CIVIL UNION BILL, 2006


1. BACKGROUND
The Constitutional Court, in the matters of Minister of Home Affairs v Fourie (Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs 2006(1) SA 524 (CC) (the Fourie-case), declared that the definition of marriage under the common law and the marriage formula as set out in section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961), were inconsistent with the Constitution and invalid to the extent that they failed to provide the means whereby same-sex couples could enjoy the status and the benefits coupled with the responsibilities that marriage accorded to heterosexual couples. The Court ordered Parliament to correct theses defects in the law by 1 December 2006, failing which section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961) will be read as including the words "or spouse" after the words "or husband". In arriving at its decision the Court considered the two options proposed by the South African Law Reform Commission and concluded that these were two firm proposals for legislative action, but it stated further that this does "not, however, necessarily exhaust the legislative paths which could be followed to correct the defect". The Bill was drafted in response to the Constitutional Court's judgment in the Fourie-case.


2. OBJECTS OF THE BILL
The object of the Civil Union Bill, 2006 is twofold, in that it provides for the conclusion of—
(a) a civil union or marriage between persons of the same sex solemnised before the State with all legal consequences of a marriage;
(b) a domestic partnership between partners in a permanent relationship, whether of a heterosexual or homosexual nature, who do not wish to marry or enter into a civil partnership or marriage, but with legal consequences provided for in the Bill.

3. DEPARTMENTS/BODIES CONSULTED
· Department of Justice and Constitutional Development; and
· The South African Law Reform Commission consulted extensively before completing their report.

4. FINANCIAL IMPLICATIONS
There will be financial implications with regard to the solemnisation (i.e. designation and training of registration (i.e. development of new registration systems and forms) of civil unions and domestic partnerships.

5. PARLIAMENTARY PROCEDURE
4.1 The State Law Advisers and the Department of Home Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.

5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.

Civil Unions Bill as passed by Cabinet in August (Not final)

REPUBLIC OF SOUTH AFRICA


CIVIL UNION BILL


--------------------------------
(As introduced in the National Assembly (proposed a section 75-Bill); explanatory summary of Bill published in Government Gazette No. of ) (The English text is the official text of the Bill)
---------------------------------


(MINISTER OF HOME AFFAIRS)

[B - 2006]
_____________________________________________________________________

010906se

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing enactments.
___________________________________________________________________

B I L L

To provide for the solemnisation of civil partnerships; the legal consequences of civil partnerships; the legal recognition of domestic partnerships; the enforcement of the legal consequences of domestic partnerships; and to provide for matters incidental thereto.

PREAMBLE

WHEREAS section 9(1) of the Constitution of the Republic of South Africa, 1996, provides that everyone is equal before the law and has the right to equal protection and benefit of the law;

AND WHEREAS section 9(3) of the Constitution provides that the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth;

AND WHEREAS section 10 of the Constitution provides that everyone has inherent dignity and the right to have their dignity respected and protected;

AND NOTING that, the family law dispensation as it existed after the commencement of the Constitution did not provide for same-sex couples to enjoy the status and the benefits coupled with the responsibilities that marriage accords to opposite-sex couples;

AND NOTING that, there is no legal recognition or protection for same- and opposite-sex couples in permanent domestic partnerships,

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

CHAPTER 1
INTRODUCTORY PROVISIONS

Definitions

1. In this Act, unless the context otherwise indicates—
“Administration of Estates Act” means the Administration of Estates Act, 1965 (Act No. 66 of 1965);
“child of a domestic partnership” includes—
(a) any child born as a result of sexual relations between the domestic partners; or
(b) any child of either domestic partner; or
(c) any child adopted by the domestic partners jointly; or
(d) any other child who was a dependant of the domestic partners—
(i) at the time when the domestic partners ceased to live together; or
(ii) if at that time the domestic partners had not ceased to live together, at the time immediately before an application under this Act; or
at the date of the death of one of the domestic partners;
“civil partner” means a partner in a civil partnership concluded in terms of this Act;
“civil partnership” means the voluntary union of two adult persons of the same sex that is solemnised and registered in accordance with the procedures prescribed in this Act to the exclusion, while it lasts, of all others;
“civil union” means a civil partnership or a domestic partnership;
“Compensation for Occupational Injuries and Diseases Act” means the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
“contribution” means—
(a) the financial and non-financial contributions made directly or indirectly by the domestic partners—
(i) to the acquisition, maintenance or improvement of any joint property, or separate property of either of the domestic partners or to the financial resources of either or both of them, or
(ii) in terms of a registered partnership agreement, and
the contributions, including any contributions made in the capacity of homemaker or parent, made by either domestic partner to the welfare of the other domestic partner or to the welfare of the family constituted by them and a child of the domestic partners;
provided that there is no presumption that a contribution referred to in (a) is of greater value than a contribution referred to in (b);
“court” means, for purposes of Chapter 3 of this Act, a High Court or a family court established under section 2(k) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);
“domestic partner” means a partner in a domestic partnership and includes a former domestic partner;
“domestic partnership” means a registered domestic partnership or unregistered domestic partnership and includes a former domestic partnership;
“duty of support” means the responsibility of each registered domestic partner to provide for the other partner’s basic living expenses while the registered partnership exists;
“family” includes partners in a domestic partnership and their dependants;
“family home” means the dwelling used by either or both domestic partners as the only or principal family residence, together with any land, buildings, or improvements attached to that dwelling and used wholly or principally for the purposes of the domestic partnership household;
“financial matters” in relation to parties to a registered partnership agreement, means matters with respect to:
(a) the property of either or both of the parties, or
(b) the financial resources of either or both of the parties;
“financial resources” in relation to either or both of the domestic partners includes:
(a) a prospective claim or entitlement in respect of a scheme, fund or arrangement under which pension, retirement or similar benefits are provided;
(b) property which, pursuant to the provisions of a discretionary trust, may become vested in or used or applied in or towards the purposes of the partners or either of them;
(c) property, the alienation or disposal of which is wholly or partly under the control of the partners or of either of them and which is lawfully capable of being used or applied by or on behalf of the partners or by either of them in or towards their or his or her own purposes, and
(d) any other benefit with a value;
“household goods’’ means corporeal property, owned separately or jointly by the domestic partners, intended and used for the joint household and includes—
(a) movable goods of the following kind;
(i) household furniture;
(ii) household appliances, effects, or equipment;
(iii) household articles for family use or amenity or household ornaments, including tools, garden effects and equipment;
(iv) motor vehicles, caravans, trailers or boats, used wholly or principally, in each case, for family purposes;
(v) accessories of goods to which subparagraph (iv) applies;
(vi) household pets; and
(b) any of the goods mentioned in paragraph (a) that are in the possession of either or both domestic partners under a credit agreement or conditional sale agreement or an agreement for lease or hire; but
(c) does not include—
(i) movable goods used wholly or principally for business purposes;
(ii) money or securities for money; and
(iii) heirlooms;
“interested party” means any party with an interest, or who could reasonably be expected to have an interest, in the joint property of the domestic partners or the separate property of either of the domestic partners or in a partnership debt;
“Identification Act” means the Identification Act, 1997 (Act No. 68 of 1997);
“Intestate Succession Act” means the Intestate Succession Act, 1987 (Act No. 81 of 1987);
“joint property” means household goods and property owned jointly in equal or unequal shares by the domestic partners;
“Maintenance of Surviving Spouses Act” means the Maintenance of Surviving Spouses Act, 1990 (Act No. 27 of 1990);
“maintenance order” means an order for the payment, including the periodical payment, by a domestic partner of sums of money towards the maintenance of the other domestic partner;
“Marriage Act” means the Marriage Act, 1961 (Act No. 25 of 1961);
“marriage officer” means—
(a) means a marriage officer ex officio or so designated by virtue of section 2 of the Marriage Act, 1961 (Act No. 25 of 1961); 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;
“Mediation in Certain Divorce Matters Act” means the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987);
“Minister” means the Cabinet member responsible for the administration of Home Affairs;
“partnership debt” means a debt that has been incurred, or to the extent that it has been incurred—
(a) by the domestic partners jointly; or
(b) in the course of a common enterprise of the domestic partnership carried on by the partners, whether individually, together or with another person; or
(c) for the purpose of acquiring, improving, or maintaining joint property of the domestic partners, or
(d) for the benefit of both domestic partners in the course of managing the affairs of the common household; or
(e) for the purpose of bringing up any child of a domestic partnership;
“periodic maintenance order” means an order for the payment of periodic sums of money by a domestic partner towards the maintenance of the other domestic partner;
“prescribed” means prescribed by this Act or by regulation made under this Act;
“property” includes any present, future or contingent right or interest in or to movable or immovable, corporeal or incorporeal property, money, a debt and a cause of action;
“registered domestic partnership” means a relationship that has been registered as a domestic partnership under Chapter 3 of this Act;
“registered partnership agreement” means a written agreement concluded between and undersigned by prospective registered domestic partners to regulate the financial matters pertaining to their partnership;
“registration officer” means any person who has been designated to be a registration officer under section 17 of this Act;
“separate property” means property of domestic partners that is not joint property;
“termination certificate” means a certificate issued by a registration officer to the effect that a registered domestic partnership has been terminated in the manner provided for in Chapter 3 of this Act;
“unregistered domestic partnership” means a relationship between two adult persons who live as a couple and who are not related by family.

CHAPTER 2
CIVIL PARTNERSHIPS

Objectives of Chapter

2. The objectives of this Chapter are—
(a) to regulate the solemnisation and registration of civil partnerships; and
(b) to provide for the legal consequences of the solemnisation and registration of civil partnerships.

Relationships to which Chapter applies

3. (1) This Chapter applies to civil partners joined in a civil partnership.

Solemnisation of a civil partnership

4. (1) A marriage officer may solemnise a union between two adult persons of the same sex in accordance with the provisions of this Chapter.
(2) Subject to this Chapter, a marriage officer has all the powers as conferred upon him or her by the Marriage Act to solemnise a civil partnership in terms of this Chapter.

Designation of ministers of religion and other persons attached to churches 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 civil partnerships.
(2) The Minister may designate such a religious denomination or organisation as a religious institution that may solemnise civil partnerships 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, 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 civil partnerships, in accordance with this Chapter, and according to the rites of that religion.
(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 civil partnerships under this Chapter.

Marriage officers may refuse to solemnise civil partnership

6. (1) This Chapter does not, subject to subsection (2), compel a marriage officer to solemnise a civil partnership, provided that such marriage officer has informed the Minister in writing that he or she objects on grounds of conscience to solemnising civil partnerships in terms of this Chapter.
(2) Subsection (1) does not apply to marriage officers designated under section (5) of this Chapter.

Prohibition of solemnisation of civil partnership without production of identity document or prescribed declaration

7. No marriage officer may solemnise any civil partnership unless—
(a) each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act; or
(b) each of such parties furnishes to the marriage officer the prescribed affidavit; or
(c) 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 partnership

8. (1) A person may only be a partner in one civil partnership at any given time.
(2) A married person may not register a civil partnership.
(3) A prospective civil partner who has previously been married or registered as a partner in a civil partnership, 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 civil partnership or marriage has been terminated.
(4) The marriage officer may not proceed with the solemnisation and registration of the civil partnership unless in possession of the relevant documentation referred to in subsection (3).
(5) A civil partnership may only be registered by prospective civil partners who would, apart from the fact that they are of the same sex, not be prohibited by law from concluding a marriage.

Objections to civil partnership

9. (1) Any person desiring to raise any objection to any proposed civil partnership shall lodge such objection in writing with the marriage officer who is to solemnise such civil partnership.
(2) Upon receipt of any such objection the marriage officer concerned shall inquire into the grounds of the objection and if he or she is satisfied that there is no lawful impediment to the proposed civil partnership, he or she may solemnise the civil partnership.
(3) If he or she is not so satisfied he or she must refuse to solemnise the civil partnership and record the reasons for such refusal in writing.

Time and place for and presence of parties and witnesses at solemnisation and registration of civil partnership

10. (1) A marriage officer may solemnise and register a civil partnership at any time on any day of the week, but is not obliged to solemnise a civil partnership at any other time than between the hours of eight in the morning and four in the afternoon.
(2) A marriage officer must solemnise and register a civil partnership in a public office or private dwelling-house or on the premises used for such purposes by the marriage officer, with open doors and in the presence of the parties themselves and at least two competent witnesses, but the foregoing provisions of this subsection do not prohibit a marriage officer to solemnise a civil partnership in any place other than a place mentioned therein, if the civil partnership must be solemnised in such other place by reason of the serious or longstanding illness of, or serious bodily injury to, one or both of the parties.
(3) No person is competent to enter a civil partnership in terms of this Chapter through any other person acting as his or her representative.

Civil partnership formula

11. (1) A marriage officer must inquire as to whether the parties appearing before him or her would prefer their civil partnership to be referred to as a civil partnership or a marriage during the solemnisation ceremony and must thereupon proceed by solemnising the civil partnership in accordance with the provisions of this section and in accordance with the wishes of both parties, if they are in agreement, referring to either a civil partnership or a marriage in reading the formula. If the parties are not in agreement, the marriage officer must, in reading the formula, refer to a civil partnership.
(2) In solemnising any civil partnership/marriage, the marriage officer must put the following questions to each of the parties separately, and each of the parties must reply thereto in the affirmative:
'Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed civil partnership/marriage with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful civil partner/spouse?',
and thereupon the parties must give each other the right hand and the marriage officer concerned must declare the civil partnership/marriage solemnised in the following words:
'I declare that A.B. and C.D. here present have been lawfully joined in a civil partnership/marriage.".
(3) If the provisions of this section relating to the questions to be put to each of the parties separately or to the declaration whereby the civil partnership/marriage shall be declared to be solemnised or to the requirement that the parties must give each other the right hand, have not been strictly complied with owing to—
(a) an error, omission or oversight committed in good faith by the marriage officer; or
(b) an error, omission or oversight committed in good faith by the parties; or
(c) the physical disability of one or both of the parties,
and such civil partnership/marriage has in every other respect been solemnised in accordance with the provisions of this Chapter, that civil partnership/marriage shall, provided there was no other lawful impediment thereto, be valid and binding.

Registration of civil partnership

12. (1) The prospective partners must individually and in writing declare their willingness to enter into the civil partnership with one another by signing the prescribed document in the presence of two witnesses.
(2) The marriage officer and the two witnesses must sign the prescribed document to certify that the declaration made under section 11(1) was made in their presence.
(3) The marriage officer must issue the partners to the civil partnership with a registration certificate stating that they have entered into a civil partnership.
(4) This certificate is prima facie proof that a valid civil partnership exists between the parties referred to in the certificate.
(5) Each marriage officer must keep a record of all civil partnerships conducted by him or her.
(6) The marriage officer must forthwith transmit the civil partnership register and records concerned to the official in the public service with the delegated responsibility for the population register in the area in question.
(7) Upon receipt of the said register the official referred to in subsection (6) must cause the particulars of the civil partnership concerned to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.

Legal consequences of civil partnerships

13. (1) The legal consequences of a marriage apply, with such changes as may be required by the context, to a civil partnership.
(2) With the exception of the Marriage Act, any reference to—
(a) marriage in any other law, including the common law, includes, with such changes as may be required by the context, a civil partnership as defined in this Act; and
(b) husband, wife or spouse in any other law, including the common law, includes a civil partner as defined in this Act.

CHAPTER 3
DOMESTIC PARTNERSHIPS

Objectives of Chapter

14. The objectives of this Chapter are to ensure the rights of equality and dignity of the partners in domestic partnerships and to reform family law to comply with the applicable provisions of the Bill of Rights, through the—
(a) recognition of the legal status of domestic partners;
(b) regulation of the rights and obligations of domestic partners;
(c) protection of the interests of both domestic partners and interested parties on the termination of domestic partnerships; and
(d) final determination of the financial relationships between domestic partners and between domestic partners and interested parties when domestic partnerships terminate.

Relationships to which Chapter applies

15. This Chapter applies to relationships between domestic partners and between either one or both domestic partners and another party or other parties.

Part I
Registered domestic partnerships: Registration procedure

Partners in registered domestic partnership

16. (1) A person may only be a partner in one registered domestic partnership at any given time.
(2) A person who is married, or a partner in a civil partnership, or a partner in any other registered domestic partnership, may not register a domestic partnership.
(3) A registration officer may not proceed with the registration process of a prospective partner who has previously been married, a partner in a civil partnership or a partner in a registered domestic partnership, unless presented with a certified copy of the—
(a) divorce order;
(b) termination certificate; or
(c) death certificate,
of the former spouse or registered partner, as proof that the previous marriage, civil partnership or registered domestic partnership has been terminated.
(4) Persons who would be prohibited by law from concluding a marriage on the basis of consanguinity may not register a domestic partnership.
(5) A relationship may only be registered as a domestic partnership if at least one of the prospective partners is a South African citizen.

Registration officers

17. (1) The Minister, and any officer in the public service authorised thereto by him or her, may designate any officer or employee in the public service or the diplomatic or consular service of the Republic, to be a registration officer, either generally or for any specified area, by virtue of his or her office and so long as he or she holds such office.
(2) Every designation of a person as a registration officer must be in writing and the date as from which it will have effect and any limitation to which it is subject must be specified in such a written document.

Registration of domestic partnerships

18. (1) Subject to section 16, any two persons may register their relationship as a domestic partnership as provided for in this section.
(2) A registration officer must conduct the registration procedure on the official premises designated for that purpose and in the manner provided for in this section.
(3) The prospective partners must individually and in writing declare their willingness to register their domestic partnership by signing the prescribed document in the presence of the registration officer.
(4) The registration officer must sign the prescribed document to certify that the declaration referred to in subsection (3) was made voluntarily and in his or her presence.
(5) The registration officer must make notification of the existence of a registered domestic partnership agreement, where applicable, on the registration certificate.
(6) The registration officer must issue the partners with a registration certificate stating that they have registered their domestic partnership and, where applicable, attach a certified copy of the registered domestic partnership agreement to the registration certificate.
(7) The registration certificate issued by the registration officer is prima facie proof of the existence of a registered domestic partnership between the partners.
(8) Each registration officer must keep a register of all registrations of domestic partnerships conducted by him and make a notification of the existence of a registered domestic partnership agreement, where applicable, in the register.
(9) The registration officer must forthwith transmit the said register to the officer in the public service with the delegated responsibility for the population register in his or her district of responsibility.
(10) Upon receipt of the said register the delegate must cause the particulars of the registered domestic partnership concerned to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.

Property regime

19. (1) Except as provided in this section, there is no general community of property between partners in a registered domestic partnership.
(2) In the event of a dispute regarding the division of property after a registered domestic partnership has ended, section 34 applies.
(3) Registered partners may conclude a registered domestic partnership agreement.
(4) Where no notification of the existence of a registered domestic partnership agreement has been effected on or no copy of such registered domestic partnership agreement has been attached to a registration certificate as required in section 18(5) and (6), and where no notification of the existence of such a registered domestic partnership agreement has been made as required in section 18(8), such agreement binds only the parties to the agreement.

Registered domestic partnership agreement

20. (1) In proceedings regarding the division of property between registered partners under this Chapter, a court may consider the fact that the parties have concluded a registered domestic partnership agreement and the terms thereof, provided that the registered domestic partnership agreement has been noted on and attached to the registration certificate.
(2) If the court, having regard to all the circumstances, is satisfied that giving effect to a registered domestic partnership agreement would cause serious injustice, it may set aside the registered domestic partnership agreement, or parts thereof.
(3) In deciding, under subsection (2) whether giving effect to a registered domestic partnership agreement would cause serious injustice, the court may have regard to—
(a) the terms of the registered domestic partnership agreement;
(b) the time that has elapsed since the registered domestic partnership agreement was concluded;
(c) whether the registered domestic partnership agreement was unfair or unreasonable in the light of all the circumstances at the time it was made;
(d) whether the registered domestic partnership agreement has become unfair or unreasonable in the light of any changes in circumstances since it was made, whether those changes were foreseen by the parties, or not;
(e) the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the registered domestic partnership agreement;
(f) the contributions of the parties to the registered domestic partnership; and
(g) any other matter that the court considers relevant.
(4) A court may make an order under this section notwithstanding that the registered domestic partnership agreement purports to exclude the jurisdiction of the court to make that order.
(5) A court must decide any other matter regarding a registered domestic partnership agreement on the applicable principles of the law of contract.

Part II
Legal consequences of registered domestic partnerships

Duty of support

21. Registered partners owe each other a duty of support in accordance with each partner's financial means and needs.

Limitation on disposal of joint property

22. A registered partner may not without the consent of the other registered partner sell, donate, mortgage, let, lease or otherwise dispose of joint property.

Right of occupation of family home

23. (1) Both registered partners are entitled to occupy the family home during the existence of the registered domestic partnership, irrespective of which of the registered partners owns or rents the property.
(2) The registered partner who owns or rents the family home may not evict the other registered partner from the family home during the existence of the registered domestic partnership without providing him or her with suitable alternative accommodation.

Part III
Termination of registered domestic partnership

Termination of registered domestic partnerships

24. (1) A registered domestic partnership terminates upon—
(a) the death of one or both registered partners;
(b) agreement by the partners; or
(c) a court order to terminate the registered domestic partnership, as provided for in this Chapter.
(2) A death certificate, termination certificate issued under this Chapter or a termination order made by the court under this Chapter is prima facie proof that such a registered domestic partnership has ended.

Termination by agreement

25. (1) A registration officer must conduct the termination procedure on the official premises used for that purpose and in the manner provided for in this section.
(2) Registered partners who intend to terminate their domestic partnership must present the registration officer with a certified copy of the registration certificate as proof that a registered domestic partnership exists between them.
(3) Registered partners must individually and in writing declare their desire to terminate the registered domestic partnership by signing the prescribed document in the presence of a registration officer.
(4) The registration officer must sign the prescribed document to certify that the declaration referred to in subsection (3) was made voluntarily and in his or her presence.
(5) The registration officer must issue the registered partners with a certificate stating that their domestic partnership has been terminated and make a notification of the existence of a termination agreement, where applicable, on the certificate.
(6) Each registration officer must keep a register of all registered domestic partnerships terminated by him and make a notification of the existence of a termination agreement, where applicable, in the register.
(7) The registration officer must forthwith transmit the said register and documents concerned to the officer in the public service with the delegated responsibility for the population register in his district of responsibility.
(8) Upon receipt of the said register the delegate must cause the particulars of the terminated domestic partnership to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.

Termination agreement

26. (1) Registered partners who want to terminate their registered domestic partnership as provided for in section 25 of this Chapter, may conclude a termination agreement to regulate the financial consequences of the termination of their registered domestic partnership.
(2) A termination agreement must be in writing, signed by both registered partners and must declare that it is entered into voluntarily by both partners.
(3) A termination agreement may provide for-
(a) the division of joint and separate property;
(b) one registered partner to pay maintenance to the other registered partner;
(c) arrangements regarding the family home; and
(d) any other matter relevant to the financial consequences of the termination of the registered domestic partnership.

Termination by court order

27. (1) Registered partners who have minor children from the registered domestic partnership and who intend to terminate the registered domestic partnership must apply to the court for a termination order.
(2) An application for the termination of a registered domestic partnership is made to the court in accordance with the provisions of the Supreme Court Act, 1959 (Act No. 59 of 1959).

Welfare of minor children

28. (1) A court may not order the termination of a registered domestic partnership unless the court is satisfied that the provisions made or contemplated with regard to the welfare of any minor child or dependent child of the registered domestic partnership are in the best interests of such child.
(2) In order to determine that the circumstances set out in subsection (1) exist, the court may order that an investigation be instituted and for that purposes the provisions of section 4 of the Mediation in Certain Divorce Matters Act apply, with the changes required by the context.
(3) Before making the termination order, the court must consider the report and recommendations referred to in the said section 4(1) of the Mediation in Certain Divorce Matters Act.
(4) In order to determine that the circumstances set out in subsection (1) exist, the court may order any person to appear before it and may order either or both the registered partners to pay the costs of an investigation and appearance.
(5) A court granting an order to terminate a registered domestic partnership may, in regard to the maintenance and education of a dependent child of the registered domestic partnership or the custody or guardianship of, or access to, a minor child of the registered domestic partnership, make any order which it deems fit, and may in particular, if in its opinion it would be in the interests of such minor child to do so, grant to either parent the sole guardianship or the sole custody of the minor, and the court may order that, on the predecease of the parent to whom the sole guardianship of the minor is granted, a person other than the surviving parent must be the guardian of the minor, either jointly with or to the exclusion of the surviving parent.
(6) Unless where otherwise ordered by a court, the rights of and obligations towards children of a registered partner under any other law are not affected by the termination of the registered domestic partnership.
(7) For the purposes of this section the court may appoint a legal practitioner to represent a child at the proceedings and may order either or both the registered partners to pay the costs of the representation.

Children of registered partners of opposite sex

29. Where a child is born into a registered domestic partnership between persons of the opposite sex, the male partner in the registered domestic partnership is deemed to be the biological father of that child and has the legal rights and responsibilities in respect of that child that would have been conferred upon him if he had been married to the biological mother of the child.

Part IV
Maintenance after termination of a registered domestic partnership

Maintenance after termination

30. (1) In the absence of an agreement, a court may, after termination of a registered domestic partnership as provided in section 24(1)(b) and (c), upon application, make an order which is just and equitable in respect of the payment of maintenance by one registered partner to the other for any specified period or until the registered partner in whose favour the order is given─
(a) dies;
(b) marries;
(c) enters into a civil partnership; or
(d), enters into a registered domestic partnership,
whichever event occurs first.
(2) When deciding whether to order the payment of maintenance and the amount and nature of such maintenance, the court must have regard to the—
(a) respective contributions of each partner to the registered domestic partnership;
(b) existing and prospective means of each of the registered partners;
(c) respective earning capacities, future financial needs and obligations of each of the registered partners;
(d) age of the registered partners;
(e) duration of the registered domestic partnership;
(f) standard of living of the registered partners prior to the termination of the registered domestic partnership; and
(g) any other factor which in the opinion of the court should be taken into account.

Maintenance after death

31. For purposes of this Chapter, a reference to "spouse" in the Maintenance of Surviving Spouses Act must be construed to include a registered partner.

Intestate succession

32. For purposes of this Chapter, a reference to "spouse" in the Intestate Succession Act must be construed to include a registered partner.

Delictual claims

33. (1) For the purpose of claiming damages in a delictual claim, partners in a registered domestic partnership are deemed to be spouses in a legally valid marriage.
(2) A partner in a registered domestic partnership is not excluded from instituting a delictual claim for damages based on the wrongful death of the other partner merely on the ground that the partners have not been legally married.
(3) A partner registered domestic partnership is a dependant for purposes of the Compensation for Occupational Injuries and Diseases Act.

Part V
Property division after termination of registered domestic partnership

Property division

34. (1) In the event of a dispute regarding the division of property after a registered domestic partnership has ended, one or both registered partners may apply to a court for an order to divide their joint property or the separate property, or part of the separate property of the other registered partner.
(2) Upon an application for the division of joint property, a court must order the division of that property which it regards just and equitable with due regard to all relevant factors.
(3) Upon an application for the division of separate property or part of the separate property, a court may order that the separate property or part of the separate property of the other registered partner as the court regard just and equitable, be transferred to the applicant.
(4) A court considering an order as contemplated in subsections (2) and (3) must take into account—
(a) the existing means and obligations of the registered partners;
(b) any donation made by one partner to the other during the subsistence of the registered domestic partnership;
(c) the circumstances of the registered domestic partnership;
(d) the vested rights of interested parties in joint and separate property;
(e) the existence and terms of a registered domestic partnerships agreement, if any; and
(f) any other relevant factors.
(5) A court granting an order as contemplated under subsection (3) must be satisfied that it is just and equitable to do so by reason of the fact that the registered partner in whose favour the order is granted, made direct or indirect contributions to the maintenance or increase of the separate property or part of the separate property of the other registered partner during the subsistence of the registered domestic partnership.
(6) A court granting an order as contemplated under subsection (3) may, on application by the registered partner against whom the order is granted, order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified assets, as the court regard just and equitable.

Application to be made within two years after end of registered domestic partnership

35. (1) Except as otherwise provided by this section, an application to a court for an order under section 34 must be made not later than two years after the termination of the registered domestic partnership.
(2) A court may, at any time after the expiration of the period referred to in subsection (1), grant leave to an applicant to apply to the court for an order under section 33 Chapter, where the court is satisfied, having regard to such matters as it considers relevant, that greater hardship would be caused to that applicant if the leave were not granted than would be caused to the respondent if the leave were granted.

Notification of termination of a registered domestic partnership

36. (1) When a registered domestic partnership is terminated, both registered partners are liable to give written notice of the termination to interested parties.
(2) When one or both registered partners die, the surviving registered partner or the executor of the estate of either registered partner is liable to give written notice of the termination of the registered domestic partnership to interested parties.

Interests of other parties

37. (1) A court considering an application under this Chapter must have regard to the interests of a bona fide purchaser of, or other person with an interest or vested right in, property concerned.
(2) A court may make any order proper for the protection of the rights of interested parties.

Part VI
Unregistered domestic partnerships

Court application

38. (1) One or both unregistered partners may, after the unregistered domestic partnership has ended through death or separation, apply to a court for a maintenance order, an intestate succession order or a property division order.
(2) When deciding an application for an order under this Chapter, a court must have regard to all the circumstances of the relationship, including such of the following matters as may be relevant in a particular case─
(a) the duration and nature of the relationship;
(b) the nature and extent of common residence;
(c) the degree of financial dependence or interdependence, and any arrangements for financial support, between the unregistered partners;
(d) the ownership, use and acquisition of property;
(e) the degree of mutual commitment to a shared life;
(f) the care and support of children of the domestic partnership;
(g) the performance of household duties;
(h) the reputation and public aspects of the relationship; and
(i) the relationship status of the unregistered partners with third parties.
(3) A finding in respect of any of the matters mentioned in subsection (2), or in respect of any combination of them, is not essential before a court may make an order under this Chapter, and regard may be had to further matters and weight be attached to such matters as may seem appropriate in the circumstances of the case.
(4) A court may not make an order under this Chapter regarding a relationship of a person who, at the time of that relationship, was also in a civil marriage or registered civil or domestic partnership with a third party.
(5) A court may only make an order under this Chapter regarding a relationship where at least one of the parties to the relationship is a South African citizen or has a certificate of naturalisation in respect of South Africa.

Maintenance

39. Unregistered partners are not liable to maintain one another and neither partner is entitled to claim maintenance from the other, except as provided in this Chapter.

Application for a maintenance order after separation

40. (1) A court may, after the separation of unregistered partners upon application of one or both of them, make an order which is just and equitable in respect of the payment of maintenance by one unregistered partner to the other for a specified period.
(2) When deciding whether to order the payment of maintenance and the amount and nature of such maintenance, the court must have regard to the age of the unregistered partners, the duration of the unregistered domestic partnership and the standard of living of the unregistered partners prior to separation, as well as the following matters—
(a) the ability of the applicant to support himself or herself adequately in view of him or her having custody of a minor child of the domestic partnership;
(b) the respective contributions of each unregistered partner to the domestic partnership;
(c) the existing and prospective means of each unregistered partner;
(d) the respective earning capacities, future financial needs and obligations of each unregistered partner;
(e) the relevant circumstances of another unregistered domestic partnership or customary marriage of one or both unregistered partners, where applicable,
in so far as they are connected to the existence and circumstances of the unregistered domestic partnership, and any other factor which in the opinion of the court should be taken into account.

Application for a maintenance order after death of unregistered partner

41. (1) A surviving unregistered partner may after the death of the other unregistered partner, bring an application to a court for an order for the provision of his or her reasonable maintenance needs from the estate of the deceased until his or her death, remarriage or registration of another registered domestic partnership, in so far as he or she is not able to provide therefore from his or her own means and earnings.
(2) The surviving unregistered partner will not, in respect of a claim for maintenance, have a right of recourse against any person to whom money or property has been paid, delivered or transferred in terms of section 34(11) or 35(12) of the Administration of Estates Act, or pursuant to an instruction of the Master in terms of section 18(3) or 25(1)(a)(ii) of that Act.
(3) The provisions of the Administration of Estates Act apply with the changes required by the context to a claim for maintenance of a surviving unregistered partner, subject to the following—
(a) the claim for maintenance of the surviving unregistered partner must have the same order of preference in respect of other claims against the estate of the deceased as a claim for maintenance of a dependent child of the deceased has or would have against the estate if there were such a claim;
(b) in the event of competing claims of the surviving unregistered partner and that of a dependent child of the deceased the court must make an order that it regards just and equitable with reference to all the relevant circumstances of the unregistered domestic partnership;
(c) in the event of competing claims of an unregistered partner and that of a surviving customary spouse, the court must make an order that it regards just and equitable with reference to the existence and circumstances of multiple relationships between the deceased and an unregistered partner, and between the deceased and a customary spouse;
(d) in the event of a conflict between the interests of the surviving unregistered partner in his or her capacity as claimant against the estate of the deceased and the interests in his or her capacity as guardian of a minor dependent child of the domestic partnership, the court must make an order that it regards just and equitable with reference to all the relevant circumstances of the unregistered domestic partnership; and
(e) the executor of the estate of a deceased spouse has the power to enter into an agreement with the surviving unregistered partner and the heirs and legatees having an interest in the agreement, including the creation of a trust, and in terms of the agreement to transfer assets of the deceased estate, or a right in the assets, to the surviving unregistered partner, or to impose an obligation on an heir or legatee, in settlement of the claim of the surviving unregistered partner or part thereof.

Determination of reasonable maintenance needs of surviving unregistered partner

42. When determining the reasonable maintenance needs of the surviving unregistered partner, the court must consider the—
(a) amount in the estate of the deceased available for distribution to heirs and legatees;
(b) existing and expected means, earning capacity, financial needs and obligations of the surviving unregistered partner;
(c) standard of living of the surviving unregistered partner during the subsistence of the unregistered domestic partnership and his or her age at the death of the deceased;
(d) existence and circumstances of multiple relationships between the deceased and an unregistered partner, and between the deceased and a customary spouse; and
(e) any other factor that it regards relevant.

Intestate succession

43. (1) Where an unregistered partner dies intestate, his or her surviving unregistered partner may bring an application to a court, subject to subsections (2) and (3), for an order that he or she may inherit the intestate estate.
(2) Where the deceased is survived by an unregistered partner as well as a descendant, such unregistered partner inherits a child's share of the intestate estate or so much of the intestate estate as does not exceed in value the amount fixed from time to time by the Cabinet member responsible for the administration of Justice by notice in the Gazette, whichever is the greater, as provided for in the Intestate Succession Act.
(3) In the event of a dispute between a surviving unregistered partner and the customary spouse of a deceased partner regarding the benefits to be awarded, a court may, upon an application by either the unregistered partner or the customary spouse, make an order that it regards just and equitable with reference to all the relevant circumstances of both relationships.

Property division

44. (1) In the absence of agreement, one or both unregistered partners may apply to court for an order to divide their joint property or the separate property, or part of the separate property of the other unregistered partner.
(2) Upon an application for the division of joint property, a court must order the division of that property which it deems just and equitable with due regard to all relevant factors.
(3) Upon an application for the division of separate property or part of the separate property, a court may order that the separate property or such part of the separate property of the other unregistered partner as the court regard just and equitable, be transferred to the applicant.
(4) A court considering an order as contemplated in subsections (2) and (3) must take into account—
(a) the existing means and obligations of the partners;
(b) any donation made by one partner to the other during the subsistence of the unregistered domestic partnership;
(c) the circumstances of the unregistered domestic partnership;
(d) the vested rights of interested parties in joint and separate property; and
(e) any other relevant factors.
(5) A court granting an order as contemplated under subsection (3) must be satisfied that it is just and equitable to do so by reason of the fact that the unregistered partner in whose favour the order is granted, made direct or indirect contributions to the maintenance or increase of the separate property or part of the separate property of the other party during the existence of the unregistered domestic partnership.
(6) A court granting an order as contemplated under subsection (3) may, on application by the unregistered partner against whom the order is granted, order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified assets, as the court regards just and equitable.
(7) A court may make any order proper for the protection of the rights of interested parties.

Application to be made within two years after end of relationship

45. (1) Except as otherwise provided by this section, an application to a court for an order under this Chapter must be made not later than two years after the date on which an unregistered domestic partnership has ended through separation or death.
(2) A court may, at any time after the expiration of the period referred to in subsection (1), grant leave to an applicant to apply to the court for an order under this Chapter, where the court is satisfied, having regard to such matters as it considers relevant, that greater hardship would be caused to that applicant if the leave was not granted than would be caused to the respondent if the leave were granted.

CHAPTER 4
MISCELLANEOUS

Offences and penalties

46. (1) Any marriage officer who purports to solemnise a civil partnership which he is not authorised under this Act to solemnise or which to his knowledge is legally prohibited, and any person not being a marriage officer who purports to solemnise a civil partnership, shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding twelve months.
(2) Any marriage officer who demand or receive any fee, gift or reward, for or by reason of anything done by him or her as marriage officer in terms of this Act shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding six months.
(3) Any─
(a) marriage officer who knowingly solemnises a civil partnership; or
(b) registration officer who knowingly registers a domestic partnership,
in contravention of the provisions of this Act, shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding six months.
(4) Any person who makes for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.

Regulations

47. (1) The Minister may make regulations as to—
(a) the form and content of certificates, notices, affidavits and declarations for the purposes of this Act;
(b) the fees payable for any certificate issued or any other act performed in terms of this Act; and
(c) generally, any matter which by this Act is required or permitted to be prescribed or which he or she considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved or that the provisions of this Act may be effectively administered.
(2) Such regulations may prescribe penalties for a contravention thereof, of—
(a) a fine not exceeding the amount that, in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991), may be imposed as an alternative to imprisonment for a period of six months; or
(b) in lieu of payment of a fine referred to in paragraph (a), imprisonment for a period not exceeding six months.

Short title and commencement

48. This Act is called the Civil Union Act, 2006, and comes into operation on a date fixed by the President by proclamation in the Gazette.

Download key documents on Same Sex Marriage in South Africa

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To find key documents relating to same-sex marriage in South Africa
* Petition to change the constitution to download
* Records of the Constitutional Court Case: submissions to the court and judgement (2005)
* Various previous court judgments relating to 'homosexual rights'
* Submissions to the South African Law Reform Commission process (2004)
* Letters and submissions to parliament
* Pro-homosexual documents