Same-Sex Weddings in South Africa: Civil Union Guide

Last checked: 5 October 2026

South Africa has allowed same-sex couples to marry since 30 November 2006, when the Civil Union Act came into force. That makes a vineyard wedding in the Cape Winelands a fully legal option for South African couples and for couples travelling from abroad. This guide explains the law in plain language, how to find a marriage officer who will marry you, what foreign couples should check about recognition at home, and how to choose a venue that will welcome you.

How we checked this

We read the Civil Union Act 17 of 2006 and the Civil Union Amendment Act 8 of 2020 on gov.za, the Department of Home Affairs (DHA) marriages page and its list of offices that conduct civil unions, the Constitutional Court's 2005 judgment in Minister of Home Affairs v Fourie, the Bill of Rights, the South African Embassy in Washington's marriage guidance and Parliament's pages on the Marriage Bill. Links are under Sources.

This is not legal advice. Laws and procedures change, so confirm requirements with the Department of Home Affairs and, if you live abroad, with your own country's embassy or registry before you book.

The Civil Union Act in plain language

In December 2005 the Constitutional Court ruled in Minister of Home Affairs v Fourie that excluding same-sex couples from marriage was unconstitutional. It gave Parliament a year to fix the law. Parliament responded with the Civil Union Act 17 of 2006, which commenced on 30 November 2006.

Here's what the Act means for you:

Who can use it. DHA describes a civil union as "the voluntary union of two persons (irrespective of gender) who are both 18 years of age or older". Same-sex and opposite-sex couples can both use the Act. Opposite-sex couples can also marry under the Marriage Act 25 of 1961, which DHA describes as covering one man and one woman.
Marriage or civil partnership: you choose. Section 11 says the marriage officer must ask whether you want your union known as a marriage or a civil partnership. Your registration certificate then records that choice (section 12).
Same legal effect as marriage. Section 13 says the legal consequences of a marriage under the Marriage Act apply to a civil union, and that references to marriage, husband, wife or spouse in other laws include a civil union and a civil union partner.
One union at a time. You can't be in a civil union and a civil or customary marriage at once (section 8). If either of you was married or in a civil union before, you'll need a certified copy of the divorce order or the former partner's death certificate.
The ceremony. Both of you must be there in person, with at least two competent witnesses (section 10). You can add your own vows around the legal words.
Timing and place. Section 10 says a marriage officer isn't obliged to solemnise a civil union outside 8am to 4pm, and describes a public office, private dwelling-house or premises used for the purpose "with open doors". Ask your officer early how they handle a wine-farm ceremony and a late-afternoon time.

DHA lists IDs or passports, any divorce decree or death certificate, and, where a foreign national marries a South African, a letter of no impediment, a Declaration of Marriage (Form DHA 63) and an immigration report. Our guide to the legal requirements to get married in South Africa covers documents, witnesses and certificates in detail.

Is the law changing? Parliament is considering the Marriage Bill (B43-2023), which would replace the three marriage laws with a single statute. Its committee finished public hearings in February 2026. When we checked, the Bill hadn't become law, so the Civil Union Act still applies.

Finding a willing designated officer

Only a designated marriage officer can legally marry you. Under the Civil Union Act, that means one of two groups:

State officers. Magistrates and DHA officials designated as marriage officers (ex officio or designated under section 2 of the Marriage Act).
Religious officers designated for civil unions. Ministers of religion or people in a responsible position in a religious organisation that has applied to be designated under section 5 of the Civil Union Act. A religious marriage officer designated only under the Marriage Act can't automatically conduct a civil union, so ask.

The rules on refusals changed in 2020. The original section 6 let state marriage officers refuse to marry same-sex couples on grounds of conscience, religion and belief. The Civil Union Amendment Act 8 of 2020, which commenced on 22 October 2020, repealed that section. Existing exemptions lapsed 24 months later, and the Minister must ensure there's a marriage officer available to solemnise a civil union at every Home Affairs office.

DHA publishes a list of offices and officials who conduct civil unions. When we checked, its Western Cape entries included Cape Town, Bellville, Wynberg, Mitchells Plain, Khayelitsha, Nyanga, Paarl, Caledon, George and Oudtshoorn. The list isn't dated, so phone the office before you rely on it.

For a ceremony at your venue, you'll most likely book a private marriage officer. Ask them:

1. Are you designated to conduct civil unions under the Civil Union Act? Please show me your written designation. 2. Have you married same-sex couples before, and are you comfortable using our names, pronouns and wording? 3. Will you travel to our venue, and what time can you marry us?

Our guide on how to find and verify a marriage officer in South Africa explains how to check a designation.

Foreign same-sex couples and recognition at home

International couples are welcome to marry in South Africa. The South African Embassy in Washington says there's no residency requirement for foreign nationals and no blood test. Marrying here is the easier half, though. Whether your home country recognises the union is up to your home country's law, not South Africa's.

Before you book flights or pay deposits:

Check recognition at home. Ask your embassy, consulate or home registry whether it recognises a same-sex marriage or civil partnership concluded in South Africa, and what it needs from you afterwards.
Choose marriage or civil partnership deliberately. Because the Act lets you pick, ask your home authorities which label they recognise. Some legal systems may treat the two differently.
Plan for the paperwork. Ask your marriage officer exactly what they need from foreign partners. That may include a no-impediment document, apostilled divorce papers and proof of lawful stay. Ask your home authorities what they'll need too, such as an apostille or a translation of your South African certificate.
Consider a legal ceremony at home. If recognition is uncertain, you could marry legally at home and celebrate in the Winelands.

Our destination wedding guide to the Cape Winelands covers timing, travel and planning from abroad.

Choosing an inclusive venue (ask directly)

Section 9 of the Bill of Rights lists sexual orientation among the grounds on which no person may unfairly discriminate. That's the legal baseline, but it doesn't tell you how a particular team will treat you. Don't assume, either way. Ask directly, in writing, before you pay a deposit.

Questions worth sending to every shortlisted venue:

Have you hosted same-sex weddings before? Can we speak to a couple you've hosted?
Will your contracts, forms and menus use our names rather than "bride" and "groom"?
Will your coordinator brief staff and preferred suppliers, or can we bring our own?

Our list of questions to ask a wedding venue covers costs, capacity and contracts. To start shortlisting, see the best wine farm wedding venues in the Western Cape.

Frequently asked questions

Is same-sex marriage legal in South Africa?

Yes. Since 30 November 2006, same-sex couples have been able to marry under the Civil Union Act 17 of 2006, following the Constitutional Court's 2005 Fourie judgment. A civil union has the same legal consequences as a marriage under the Marriage Act.

Can foreign same-sex couples get married in South Africa?

Yes. There's no residency requirement for foreign nationals. Check first that your home country recognises the union.

What's the difference between a marriage and a civil partnership under the Act?

Legally, the Act gives them the same consequences. The difference is the name recorded on your certificate, which you choose at the ceremony. That name may matter for recognition abroad, so ask your home authorities first.

Can a marriage officer refuse to marry a same-sex couple?

Since the 2020 amendment, state marriage officers can no longer refuse on grounds of conscience. Religious marriage officers can only conduct civil unions if they're designated under the Civil Union Act, so confirm this before you book.

Can we have our ceremony at a wine farm?

Many couples do. The Act describes where a civil union is solemnised, and your marriage officer is responsible for compliance, so ask how they handle venue ceremonies and get the answer in writing. More answers are in our wine farm wedding FAQ.

Sources

All sources were checked on 5 October 2026.

South African Government, Civil Union Act 17 of 2006 (sections 1, 5, 6, 8, 10, 11, 12 and 13; commencement 30 November 2006): https://www.gov.za/documents/civil-union-act
South African Government, Civil Union Amendment Act 8 of 2020 (repeal of section 6; transitional provisions; commencement 22 October 2020): https://www.gov.za/documents/acts/civil-union-amendment-act-8-2020-english-isizulu-22-oct-2020
Department of Home Affairs, "Civil, Customary and Civil Union Marriages" (civil union definition, who may solemnise, required documents): https://www.dha.gov.za/index.php/civic-services/marriages
Department of Home Affairs, "List of DHA offices and names of officials who conduct Civil Union/Partnership Marriages": https://www.dha.gov.za/index.php/civic-services/list-of-dha-offices-that-conduct-civil-union-partnership-marriages
Constitutional Court of South Africa, Minister of Home Affairs and Another v Fourie and Another [2005] ZACC 19 (1 December 2005), via SAFLII: https://www.saflii.org/za/cases/ZACC/2005/19.html
South African Government, Constitution, Chapter 2: Bill of Rights (section 9, equality): https://www.gov.za/documents/constitution/chapter-2-bill-rights
Embassy of South Africa, Washington DC, "Getting Married in South Africa" (no residency requirement, no blood test): https://www.saembassy.org/visas/civic_immigration/getting_married_sa/
Parliament of South Africa, Marriage Bill (B43-2023): https://www.parliament.gov.za/bill/2316250
Parliament of South Africa, media alert on Marriage Bill public hearings, 1 February 2026: https://www.parliament.gov.za/press-releases/media-alert-limpopo-province-will-close-out-provincial-marriage-bill-public-hearings_01_02_2026
Parliament of South Africa, media statement on conclusion of Marriage Bill public hearings, 6 February 2026: https://www.parliament.gov.za/press-releases/media-statement-home-affairs-committee-concludes-nationwide-public-hearings-marriage-bill

Rates, guest numbers, and what is bookable change. Check the farm’s website before you commit.

Same-Sex Weddings in the Cape Winelands: Civil Unions Explained