ABSTRACT
Most countries recognise one or more forms of marriage. Marriage has been seen as not only a relationship of great significance to the parties concerned, but also as a relationship that has public significance. Section 15 of the Constitution explicitly creates the possibility for the recognition of religious legal systems and marriages that are not inconsistent with the Constitution. In 1998 Parliament enacted the Recognition of Customary Marriages Act 120 of 1998. The Civil Union Act 17 of 2006 sets out the legal framework for same-sex couples to solemnise civil unions by way of either a marriage or civil partnership, and regulates the legal consequences of civil unions. According to section 3 of the Marriage Act, the Minister may designate any minister of religion as a marriage officer for the purpose of solemnising marriages according to Christian, Jewish or Mohammedan rites or the rites of any Indian religion.
