Immorality Act, 1927/1950-05-12

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as amended by

Immigration (Amendment) Act, No. 15 of 1931 Immorality Amendment Act, No. 21 of 1950

E IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

1. Any European male who has illicit carnal intercourse with a non-European female, and any non-European male who has illicit carnal intercourse with a European female, in circumstances which do not amount to rape, an attempt to commit rape, indecent assault, or a contravention of section two or four of the Girls’ and Mentally Defective Women’s Protection Act, 1916 (Act No. 3 of 1916) shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.

2. Any non-European female who permits any European male to have illicit carnal intercourse with her and any European female who permits any non-European male to have illicit carnal intercourse with her shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding four years.

2bis. It shall be a sufficient defence to any charge under section one or section two if it is proved to the satisfaction of the court or jury before whom the charge is brought that the person so charged at the time of the commission of the offence had reasonable cause to believe that the person with whom he or she committed the offence was a European if the person so charged is a European, or a non-European if the person so charged is a non-European.

3. Any person who procures any non-European female for the purpose of her having illicit carnal intercourse with any European male or who procures any European female for the purpose of her having illicit carnal intercourse with any non-European male, or in any way assists in bringing about such intercourse shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.

7. In this Act—

‘European’ means a person who in appearance obviously is, or who by general acceptance and repute is a European; ‘illicit carnal intercourse’ means carnal intercourse other than between husband and wife; and ‘non-European’ means a person who in appearance obviously is, or who by general acceptance and repute is a non-European.

7bis. Any person who seems in appearance obviously to be a European or a non-European, as the case may be, shall for the purposes of this Act be deemed to be such, until the contrary is proved.