BDFM Online
Wednesday, November 22, 2006
Parliamentary Editor
CAPE TOWN - With only nine days to go before a Constitutional Court deadline expires, the National Council of Provinces (NCOP) social services committee began work yesterday on the controversial Civil Union Bill with a home affairs department briefing as part of the process before it can be signed into law by President Thabo Mbeki.
A year ago the Constitutional Court found that the Marriage Act was unconstitutional, and ordered that Parliament remedy the situation with a new law.
If the deadline was not met, the court ruled, the Marriage Act would automatically be changed so that it applied equally to same-sex partnerships and orthodox heterosexual marriages.
Despite a barrage of criticism from religious groups, traditional leaders and from within its own ranks, the African National Congress (ANC) forced the bill through the National Assembly last week.
Once the NCOP committee has completed its work, the full council will have to convene to approve the legislation. However, if any amendments are made by the NCOP and its committee then the National Assembly will have to be recalled to endorse the changes.
If this happens, the November 30 deadline will almost certainly not be met.
Home affairs and justice departments officials and state law advisers faced a barrage of questions from MPs, mostly from the ANC, on issues that were recently canvassed painstakingly with their National Assembly colleagues.
The NCOP has long insisted that it is not simply a rubber stamp for the National Assembly's decisions. If it attempts to exercise its independence, the constitutional deadline will be missed.
Leading the charge yesterday were ANC MP Nonhlanhla Mazibuko, United Christian Democratic Party MP Johannes Tlhagale, Independent Democrats MP Neville Hendricks and Inkatha Freedom Party MP Jeanette Vilakazi.
Among questions raised was whether, if a divorcee with custody of children entered a same-sex marriage, the former partner would have grounds for complaint.
MPs also wanted to know how same-sex couples would comply with the basic edict of marriage, which was to procreate, and how the Civil Union Bill would affect customary marriages.
Johan de Lange of the justice department said that custody was regulated by the Custody Act. The new regime that was being created for same-sex partnerships in no way tampered with customary unions or the Marriage Act