REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA the Marriage Act, 1961208 and regulations issued in terms of the Act. South Africa also recognizes customary marriages through the Recognition of Customary Marriages Act, 1998209 which became effective in November 2000. Civil unions are recognised in terms of the Civil Union Act, 2006.210 368. The Civil Union Act, 2006 allows anyone, regardless of their sexual orientation, to marry either through a civil union, a civil marriage or a customary marriage. Civil unions may be conducted by designated marriage officers for specific religious denominations or organisations and designated officers employed by the Department of Home Affairs and the Magistrates’ Courts. At least two competent witnesses must be present at the ceremony. Requirements for registering a Civil Union are that both persons must be 18 years or older and both persons may not be already married in terms of any other Act. Furthermore, with regards to the rights of LGBTI persons in South Africa, in addition to having legalised same-sex marriages, both joint and step adoption by same-sex couples is allowed. Case law relating to marriage 369. In addition to the case law mentioned under the right to religion as discussed in the report, courts have interpreted other clauses in the Bill of Rights, including equality, human dignity and sexual orientation, to give concrete recognition to the rights of marriage. A Constitutional Court decision in this regard involved the issue as to whether non-nationals who are married to South African citizens ought to enjoy rights regarding the processing of residence permits above those enjoyed by other non-nationals. The Court affirmed that non-nationals who are married to South African citizens are entitled to such special rights.211 Women and children 370. South Africa has made significant progress in the promotion and protection of women’s rights. This progress is discussed in detail in Part B of this report. 371. Two major legislative developments occurred during the period under review in relation to children’s rights in South Africa. Firstly, the Children’s Act, 2005212 was enacted into law, ushering in a new legal dispensation for the protection and promotion of children’s rights in the country. The Act sets out principles relating to the care and protection of children. It provides that the best interest of the child should always be a paramount consideration when dealing with children’s issues. It defines parental responsibilities and rights in addition to making provision for adoption. The Act also addresses child abduction and trafficking in children. 208 Act No. 25 of 1961 Act No. 120 of 1998 210 Act No. 17 of 2006 211 Dawood & Another, Shalabi & Another, Thomas & Another v Minister of Home Affairs 2000 (8) BCLR 837 (CC) 212 Act No. 38 of 2005 209 105