CIVIL UNIONS
Pagan religious marriage officers
by Damon Leff
In February 2008 the Department of Home Affairs approved an application by the South African Pagan Rights Alliance's (SAPRA) for designation as a religious organisation in terms of and in accordance with section 5 (1) and (2) of the Civil Union Act.
According to section 5 of the Civil Union Act:
5. (1) Any religious denomination or organisation may apply in writing to the Minister to be designated as a religious organisation that may solemnise marriages in terms of this Act.
(2) The Minister may designate such a religious denomination or organisation as a religious institution that may solemnise marriages under this Act.
According to section 5 of the Civil Union Act SAPRA (2) the Minister of Home Affairs has designated SAPRA as a religious institution that may solemnise marriages under this Act.
The Marriage Act (Act 25 of 1961) prohibited religious marriages conducted according to Pagan religious rites of custom and tradition by stating that religious marriages may only be conducted 'according to Christian, Jewish or Mohammedan rites or the rites of any Indian religion.
The passage of the Civil Union Act finally offered hope to South African Pagans who seek to exercise their long awaited constitutionally protected and guaranteed right to equality in letter and in spirit. By affording Pagans the privilege to be designated as religious marriage officers, the provisions of the Civil Union Act offers Pagans, as proud South Africans, the promise of embracing our faith and religious practices as equal citizens of this great nation.
Since the passage of the Civil Union Act in December 2006 the South African Pagan Rights Alliance (SAPRA) has been attempting to lodge a formal application, on behalf of members of this Alliance, for this Alliance to be designated as a religious organisation in terms of and in accordance with section 5 (1) and (2) of the Civil Union Act.
This Alliance has nominated 11 Pagans of good standing with the national Pagan religious community as 'religious marriage officers' in terms of the provisions of the Civil Union Act.
Pagan 'Religious Marriage Officers' Q. & A.
Prepared for discussion by the South African Pagan Rights Alliance (SAPRA)
A. What does SAPRA require from candidates who wish to be nominated by SAPRA as religious marriage officers?
1) Candidates should be members of SAPRA.
2) Candidates should abide by SAPRA's Charter and 'Code of Principles for Pagan Religious Marriage Officers'.
3) Candidates should prove beyond reasonable doubt to the Executive of SAPRA that they have good standing in their insular and national religious community by:
a) providing 2 character references,
b) a telephonic interview with the Registrar responsible for submitting SAPRA's nominations to Home Affairs,
c) a letter of motivated application from the candidate, or, if the candidate is a member of an existing coven/group, a letter from that group nominating them.
B. What is the criteria that applications need to comply with in order to qualify? Is it dependent on the above documentation?
The only criteria for application is:
a) that the nominee be nominated by an organisation whose constitution has been approved by Home Affairs, and
b) that the nominee pass the required examination set by Home Affairs.
Whether or not nominees succeed in becoming religious marriage officers after they have been nominated by SAPRA will depend solely on whether or not they pass the examination set by Home Affairs.
C. Are candidates obliged to perform a standardised handfasting ritual?
No, there is no requirement to submit a standard ritual for approval. The Civil Union Act does not require this from religious marriage officers. The Act does however require that religious marriage officers include the following words in whatever ceremony is performed:
Civil Union Act: Formula for solemnisation of marriage or civil partnership
11. ( 1 ) A marriage officer must inquire from the parties appearing before him or her whether their civil union should be known as a marriage or a civil partnership and must thereupon proceed by solemnising the civil union in accordance with the provisions of this section.
(2) In solemnising any civil union 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 marriage / civil partnership with C.D. here present and that you call all here present to witness that you take C.D. as your lawful spouse / partner?”
“Do you, C.D. declare that as far as you know there is no lawful impediment to your proposed marriage / civil partnership with A.B. here present and that you call all here present to witness that you take A.B. as your lawful spouse / partner?”
and thereupon the parties must give each other the right hand and the marriage officer concerned must declare the marriage or civil partnership, as the case may be, solemnised in the following words:
“I declare that A.B. and C.D. here present have been lawfully joined in marriage / civil partnership."
For more information visit the following website:
South African Pagan Rights Alliance (SAPRA)
CONTACT DAMON LEFF
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