Madam Chair, I just want to correct the fact that some people have made comments which I really think are not correct, and we need to set the record straight.
It is not true that we are dealing here with a new piece of legislation. I think what we are dealing with here is the same Bill which was presented before the portfolio committee or before Parliament. What has happened is that, on the basis of what has emerged from the public participation process and from the consultation with a variety of stakeholders, certain amendments have been made and that's what we are dealing with here. So, there is no new piece of legislation.
If I may touch on just two of those, most stakeholders actually made the point that there is a need to deal with the issue of domestic partnerships at a later date, because we had no constitutional deadline to meet. That has been removed from this piece of legislation.
The second issue was the issue of being separate but equal. In spite of trying our best to meet the two principles which were stated by the Constitutional Court and also to look at the rights, status, benefits and the responsibilities to give all those to same-sex couples in this particular piece of legislation, people still maintained that this was a separate but equal route. The religious groupings were raising the issue of, for instance, even the mere mentioning of same-sex.
To deal with the issue of separate but equal, we then had to actually make sure that this Bill did not only cater for same-sex couples but also for heterosexual couples who want to go the civil partnership route. That's what we have done here.
So, it is not a new piece, but one area which remains contentious, which I believe is still in the public discourse and there is a need to engage on, is the whole issue of marriage. There has been insistence on that from quite a number of stakeholders, that there should be no reference to marriage at all in this piece of legislation. That is the one issue which is the bone of contention here.
What we have been advised is that we then have to engage in a discussion as to whether having the word marriage in this piece of legislation is a legal necessity or a legal nicety. That's what somebody said. It was said, in fact, that it is a legal necessity because what we are likely be confronted with is a ruling against the Bill, that it is unconstitutional even before people have looked at this piece of legislation.
I am not sure if in this debate, by rejecting this piece of legislation, people are suggesting that perhaps government should have allowed the courts to then amend the Marriage Act on 1 December.
We believe we knew when we brought about this Civil Union Bill that this is not a matter society is going to agree on. That society is polarised. We are a divided society on this matter, but we have a responsibility of conducting continuous public education, of actually talking to people about the rights which have been provided by this very Constitution which we all passed in 1996; which we provided to all the people of South Africa. We now have a responsibility to deliver the promise contained, amongst others, in that Constitution and that Bill of Rights and that's what we are trying to provide here.
Now I just thought that we needed to set the records straight that it is not true that we are bringing in a new piece of legislation.
I have actually seen the submissions of all the parties, including the submission from the DA. One of the proposals you made two weeks or a week ago before this matter was finalised was the issue of actually ensuring that this Bill does not just cater for same-sex partnerships but also is inclusive and therefore you have two consenting adults allowed to go the route of a civil union if they so wish. [Interjections.] You did say that.
But, secondly, you yourselves proposed in your submissions that the entire clause on domestic partnerships should be removed. That is exactly what has happened here; it has been removed.
The issue revolves around marriage, and I think it is the responsibility of all parties, not just the opposition party or the ANC. Our responsibility as leadership or representatives is to continuously engage on the issue because, of course, some of the people are going to be voting for the Bill, because they have an obligation to do so to provide these rights, not necessarily because people may agree on this particular issue.
The last thing I want to say is, I think we all have a responsibility to step back, remove ourselves from the situation and look at the rights of a particular grouping of people here in this country, which does exist. It does exist and you cannot wish them away. There is no dustbin where you are going to collect a particular group of people and throw them into. We have a responsibility to society. Thank you. [Applause.]
Debate concluded.
Question put: That the Bill be read a second time.
Division demanded.
The House divided:
AYES - 229: Ainslie, A R; Anthony, T G; Arendse, J D; Asmal, A K; Balfour, B M N; Baloyi, M R; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, F; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Burgess, C V; Cachalia, I M; Camerer, S M; Carrim, Y I; Cele, M A; Chalmers, J; Chauke, H P; Chohan-Khota, F I; Coetzee, R; Combrinck, J J; Cronin, J P; Cwele, S C; Davidson, I O; De Lange, J H; Diale, L N; Didiza, A T; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Dreyer, A M; Du Toit, D C ; Ellis, M J; Erwin, A; Farrow, S B; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; George, M E; Gerber, P A; Gigaba, K M N; Gololo, C L; Gumede, D M; Gumede, M M; Hendricks, L B; Hendrickse, P A C; Hogan, B A; Huang, S; Jacobus, L; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kalyan, S V; Kasienyane, O R; Kasrils, R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Kohler-Barnard, D; Komphela, B M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekota, M G P; Leon, A J; Lishivha, T E; Loe, S J; Louw, J T; Louw, S K; Lowe, C M; Ludwabe, C I; Maake, J J; Mabandla, B S; Mabena, D C; Maduma, L D; Madumise, M M; Magubane, N E ; Magwanishe, G B; Mahlaba, T L; Mahlangu-Nkabinde, G L; Mahote, S; Maja, S J; Makasi, X C; Makgate, M W; Maloney, L; Maloyi, P D N; Maluleka, H P; Maluleke, D K; Manana, M N S; Manuel, T A; Mapisa-Nqakula, N N; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M; Matlala, M H; Matsemela, M L; Matsepe-Casaburri, I F; Matsomela, M J J ; Mayatula, S M; Maziya, A M; Mbili, M E; Mbombo, N D; Mentor, M P; Mgabadeli, H C; Mkhize, Z S; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Montsitsi, S D; Moonsamy, K; Morgan, G R; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpahlwa, M B ; Mshudulu, S A; Mthembu, B; Mtshali, E; Mufamadi, F S; Mzondeki, M J G; Nawa, Z N; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, E N N; Ngculu, L V J; Ngele, N J; Ngwenya, W; Njikelana, S J ; Njobe, M A A; Nkem-Abonta, E; Nkuna, C; Nogumla, R Z; Ntombela, S H; Ntuli, B M; Ntuli, M M; Ntuli, R S; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Pieterse, R D; Rabie, P J; Ramakaba-Lesiea, M M; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Saloojee, E; Schippers, J; Schmidt, H C; Schneemann, G D; Schoeman, E A; Seadimo, M D; Sefularo, M; Sekgobela, P S; Selfe, J; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sikakane, M R; Sisulu, L N; Sithole, D J; Skhosana, W M; Skweyiya, Z S T; Smith, V G; Smuts, M; Solo, B M; Solomon, G; Sonto, M R; Sosibo, J E; Sotyu, M M; Stephens, J J M; Steyn, A C; Surty, M E ; Swart, P S; Thomson, B; Tinto, B; Tlake, M F; Tolo, L J; Trent, E W; Tsenoli, S L; Tshwete, P; Van den Heever, R P Z; Van Niekerk, A I; Van Wyk, A; Vundisa, S S; Wang, Y; Waters, M; Xolo, E T; Yengeni, L E; Zita, L.
NOES - 41: Bhengu, M J; Blanch, J P I; Cupido, H B ; Doman, W P; Godi, N T; Gore, V C; Green, L M; Greyling, L W; Groenewald, P J; Harding, A; Jankielsohn, R; King, R J; Labuschagne, L B; Mars, I; Masango, S J; Meshoe, K R J; Minnie, K J; Mncwango, M A; Mpontshane, A M; Mulder, C P; Mulder, P W A; Nel, A H; Nkabinde, N C; Opperman, S E; Pheko, S E M; Pule, B E; Rabinowitz, R; Roopnarain, U; Sayedali-Shah, M R; Seaton, S A; Sibuyana, M W; Sigcau , S N; Simmons, S; Smith, P F; Spies, W D; Swart, M; Swart, S N; Van der Merwe, J H; Van Dyk, S M; Zikalala, C N Z; Zulu, N