The act was enacted as a consequence of the judgment of the Constitutional Court in the case of Minister of Home Affairs v Fourie, which ruled that it was unconstitutional for the state to provide the benefits of marriage to opposite-sex couples while denying them to same-sex couples.
The Constitutional Court's judgment set a deadline of 1 December 2006 for Parliament to rectify the situation.
On 24 August 2006, the Cabinet approved the Civil Union Bill for submission to Parliament.
The bill was amended by the Portfolio Committee on Home Affairs to allow both marriages and civil partnerships, and to open them to opposite-sex as well as same-sex couples.
The ruling African National Congress called a three line whip, requiring its MPs to vote for the bill.
This provision was repealed in October 2020 by the Civil Union Amendment Act, 2020, with exemptions expiring after a two-year transition period.
During the transition period every office of the Department of Home Affairs is required to have an official available to perform same-sex marriages.