Immorality Act, 1957/1985-06-19

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as amended by

Immorality Amendment Act, No. 68 of 1967 Immorality Amendment Act, No. 57 of 1969 Immorality and Prohibition of Mixed Marriages Amendment Act, No. 72 of 1985

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

1. In this Act, unless the contest otherwise indicates– “brothel” includes any house or place kept or used for purposes of prostitution or for persons to visit for the purpose of having unlawful carnal intercourse or for any other lewd or indecent purpose;

“court” means the court or jury before whom the charge is brought;

“house” includes a dwelling-house, building, room, out-house, shed or tent or any part thereof;

“owner” includes any person who lets or sub-lets or permits the occupation of any house or place whether in his own right or that of another;

“place” includes any field, enclosure, space, vehicle, or boat or any part thereof;

“police officer” means any member of any police force established under the authority of any law;

“unlawful carnal intercourse” means carnal intercourse otherwise than between husband and wife.

21. (1) Whenever in any prosecution under this Act the question is in issue whether any carnal intercourse between a male and a female was unlawful, such male and female shall be deemed to have been unmarried at the time of such intercourse unless the accused proves the contrary.

(3) Whenever in any prosecution under this Act a person is proved to reside in a brothel or to live with or to be habitually in the company of a prostitute and has no visible means of subsistence, such person shall, unless he or she satisfies the court to the contrary, be deemed to he knowingly living wholly or in part on the earnings of prostitution.

(4) Whenever in any prosecution for an offence under section 12A it is proved that the accused has performed any act or has done anything or has furnished any information, which was calculated or likely to enable any male to communicate with or to establish the whereabouts of or to trace any female who the accused had reason to believe to be a prostitute, the accused shall be presumed to have performed such act or to have done such thing or to have furnished such information, as the case may be, with intent that such female be unlawfully carnally known by such male, unless the contrary is proved.

22. Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—

in the case of an offence referred to in section 2 or 20 (1) (a), to imprisonment for a period not exceeding three years with or without a fine not exceeding six hundred rand in addition to such imprisonment;

in the case of an offence referred to in section 9 (1), to imprisonment for a period not exceeding five years, or, if the female concerned is under the age of twelve years, for life; in the case of an offence referred to in section 10, to imprisonment for a period not exceeding five years;

in the case of an offence referred to in section 11, 12A or 18, to imprisonment for a period not exceeding five years; in the case of an offence referred to in section 12 (1) or 13 (1), to imprisonment for a period not exceeding seven years;

in the case of an offence referred to in section 14 (1), 15 or 17, to imprisonment for a period not exceeding six years with or without a fine not exceeding one thousand rand in addition to such imprisonment; in the case of an offence referred to in section 18A, 19, 20 (1) (b) or (c), or 20A (1), to a fine not exceeding four hundred rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.