'I do [NOT]' - Home Affairs officials CAN refuse to marry same-sex couples

There's a fight to amend legislation which allows marriage officers at Home Affairs, to refuse to officiate unions between same-sex couples.

The current laws provide that where the official objects on the grounds of conscience, religion or belief they will not be forced to certify the union.

The Triangle Project's Matthew Clayton and Home Affair's Mkuseli Apleni joined Kieno Kammies on the Breakfast Show this morning.

READ: Home Affairs to introduce first phase of new, electronic visas in 2019

This is an option that applies to them but only for same sex couples. So the Civil Union Act can apply to different sex couples, so a man and a woman can get married under the Civil Union Act , but marriage officers are only allowed to opt out of marrying same-sex couples under the Act.

Matthew Clayton, Research, Advocacy and Policy Manager at Triangle Project

This leads to a situation where LGBTI people and same sex couples are finding it increasingly difficult to get married at Home Affairs offices.

Matthew Clayton, Research, Advocacy and Policy Manager at Triangle Project

Apleni said the first point which must be dealt with, is to ask ' Is there anybody in South Africa who doesn't have a right to marry?'

The argument should be there, not to say who marries who. What we want is to be married. What do we do now at Home Affairs, if they can say to us, here are the cases of people where Home Affairs refused to do this.

Mkuseli Apleni, Director General at Department of Home Affairs

He added that regardless of orientation, couples must make an appointment, no one can show up on the day and expect to be married.

You make an appointment and then we give you the date, If in this office, there is somebody who says nobody wants to do it, Home Affairs will still provide the service. We will get whoever to go there on the day of the appointment and conduct the marriage.

Mkuseli Apleni, Director General at Department of Home Affairs

Listen below to the full interview:


This article first appeared on CapeTalk : 'I do [NOT]' - Home Affairs officials CAN refuse to marry same-sex couples


Recommended

by NEWSROOM AI
Read More
Political Desk: 'Mabuza says Guptas must be brought to book'

Political Desk: 'Mabuza says Guptas must be brought to book'

EWN political reporter Gaye Davies on Deputy President Mabuza's Q&A session in parliament.

Management at certain Home Affairs offices 'terrible': Malusi Gigaba

Management at certain Home Affairs offices 'terrible': Malusi Gigaba

Malusi Gigaba says Home Affairs has declared a "war on queues" and is determined to improve its service.

#Inxeba: We should be more outraged by initiate deaths - Bongani Bingwa

#Inxeba: We should be more outraged by initiate deaths - Bongani Bingwa

There has been widespread anger over the film, with Contralesa claiming it is an inaccurate depiction of isiXhosa rituals.

'Arrest of two South Africans in Tanzania had nothing to do with homosexuality'

'Arrest of two South Africans in Tanzania had nothing to do with homosexuality'

Human Rights Watch's Wendy Isaack says the detention for what the government says is “promoting homosexuality" is wrongful arrest.

Shell launches network to support LGBT-Plus employees

Shell launches network to support LGBT-Plus employees

Shell CFO says it is important to have their staff come to work feeling respected irrespective of their sexual orientation.

Mr Gay SA a move towards bringing visibility to marginalized groups

Mr Gay SA a move towards bringing visibility to marginalized groups

Organisers of Mr Gay World Southern Africa say their aim is to mentor and groom gay leaders that will advance gay human rights.

[LISTEN] Talking Sex: 'Bisexuals are so stigmatised in the LGBTI community'

[LISTEN] Talking Sex: 'Bisexuals are so stigmatised in the LGBTI community'

Power FM's Nolwazi Tusini and HOLA Africa's Tiffany Mugo join Eusebius to debunk some of the stigmas surrounding bisexuality.

Visual activists use work to highlight realities of women, LGBTI communities

Visual activists use work to highlight realities of women, LGBTI communities

Acclaimed photographer Zanele Muholi and curator Lerato Dumse discuss to exhibitions of work and the power of visual activism.

Equality Act under the microscope in 'gay is not okay' hate speech case

Equality Act under the microscope in 'gay is not okay' hate speech case

South African law will be scrutinised this week as a hate speech case about Jon Qwelane's 2008 anti-gay column continues in court.

Misconceptions about bisexuality that need to be corrected

Misconceptions about bisexuality that need to be corrected

Clinical sexologist Dr Eve debunks the myths around bisexuality and talks about the discrimination bisexual people often face.

Churches must check their language about LGBTI lives, says reverend

Churches must check their language about LGBTI lives, says reverend

Rev. Tebogo Klaas says churches that remain silent on matters of the LGBTI community are complicit in the violence that they face.

Suspected lesbian hate crime indicative of SA's social crisis, says activist

Suspected lesbian hate crime indicative of SA's social crisis, says activist

LGBTI activist and researcher Phumi Mtetwa says that hate crimes are a societal problem which need to be tackled by all citizens.

How far has South Africa come in fighting HIV/Aids?

How far has South Africa come in fighting HIV/Aids?

Experts have highlighted the importance of changing dangerous behaviour and educating communities to eradicate the disease.

Popular articles
Can’t find your phone? Drop everything – thieves can get into your banking app!

Can’t find your phone? Drop everything – thieves can get into your banking app!

Did someone steal your phone? Contact your bank without hesitation warns consumer journalist Wendy Knowler.

'Unions are making a mistake. SAA is dying. It’s not Eskom – we don’t need it'

'Unions are making a mistake. SAA is dying. It’s not Eskom – we don’t need it'

SAA is on its knees, cap in hand, asking taxpayers for R2 billion this month. Unions must be careful, warns Guy Leitch (SA Flyer).

[WATCH] Jozi motorist avoids hailstorm with inventive way to cover car

[WATCH] Jozi motorist avoids hailstorm with inventive way to cover car

Khabazela shares tweets and Facebook posts that have gone viral.

Unions and SAA get ready for fight that threatens to break the ailing airline

Unions and SAA get ready for fight that threatens to break the ailing airline

Joanne Joseph plays audio from the media briefing over the impending strike.

White pupils at posh Kingswood College refer to black scholars as 'snoobab'

White pupils at posh Kingswood College refer to black scholars as 'snoobab'

"This problem is bigger than just a Kingswood problem. The relevant processes will unfold," says College Head Colleen Vassiliou.

Investors need to understand redress and sensitivities, says Eusebius

Investors need to understand redress and sensitivities, says Eusebius

Eusebius engages callers on the Richard Branson tweet that has been widely criticised for lacking diversity.

[WATCH] Pre-school class erupts as boy returns from RWC, goes viral

[WATCH] Pre-school class erupts as boy returns from RWC, goes viral

Khabazela shares tweets and Facebook posts that have gone viral.

We’ll shut you down! – unions to SAA ('overstaffed by any measure globally’)

We’ll shut you down! – unions to SAA ('overstaffed by any measure globally’)

The money-pit airline is fighting for its life. Bruce Whitfield interviews Theto Mahlakoana, a senior political reporter at EWN.