Marriage Act, 1961/1964-08-28

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as amended by

Marriage Amendment Act, No. 11 of 1964

Black Laws Amendment Act, No. 42 of 1964

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 context otherwise indicates― “Bantu Affairs Commissioner” includes an Additional and an Assistant Bantu Affairs Commissioner;

“magistrate” includes an additional and an assistant magistrate;

“marriage officer” means any person who is a marriage officer by virtue of the provisions of this Act;

“Minister” means the Minister of the Interior;

“prescribed” means prescribed by this Act or by regulation made under this Act;

“prior law” means any law repealed by this Act.

2. (1) Every magistrate, every special justice of the peace and every Bantu Affairs Commissioner shall by virtue of his office and so long as he holds such office, be a marriage officer for the district or other area in respect of which he holds office.

(2) The Minister and any officer in the public service authorized thereto by him may designate any officer or employee in the public service or the diplomatic or consular service of the Union to be, by virtue of his office and so long as he holds such office a marriage officer, either generally or for any specified race or class of persons or country or area.

17. (1) Any party who desires to cause a notice of intention to marry to be published shall apply in writing to any officer or employee in the diplomatic or consular service of the Union authorized by the Minister to publish notices of intention to marry, or to any magistrate, special justice of the peace or Bantu Affairs Commissioner to publish such notice.

(2) Such application shall―

bear the signature of each of the parties desiring to marry, duly dated by him or her; and state the full christian name and surname, age, marital status and residential address of each of the said parties.

(3) If the person to whom such application is made is satisfied that the applicant has resided in the country outside the Union or in the district or area in respect of which he holds office, for a period of at least fourteen days immediately preceding the date of the receipt of the application, he shall publish such notice and shall do so by posting such notice up in a conspicuous place in, on or in the immediate vicinity of his office or court for an unbroken period of fifteen days.

(4) If only one of the parties in question has so resided in such country, district or area it shall for the purposes of section twelve be deemed that only such party caused such notice to be published.

(5) Every notice referred to in sub-section (3) shall state the full christian name and surname, marital status and residential address of each of the parties desiring to marry.

19. (1) Parties desiring to marry without the publication of banns or notice of intention to marry may personally apply to an officer or employee in the diplomatic or consular service of the Union authorized by the Minister to issue special marriage licences or to a magistrate or Bantu Affairs Commissioner for a special licence to marry without the publication of banns or notice of intention to marry.

(2) Any such person to whom such application is made shall require each such party to furnish him with his or her full christian name and surname and may put to each of them such questions as he may deem necessary to determine whether any lawful impediment exists to the proposed marriage.

(3) If the person to whom such application is made is not satisfied that the proposed marriage may be legally solemnized, he shall, in order to determine whether there is any lawful impediment to the said marriage, interrogate each of the said parties and institute such other inquiries as he may deem necessary.

(4) For the purpose of such interrogation the said person shall administer an oath to each such party or require him or her to make an affirmation.

(5) If the person to whom such application is made is satisfied, whether or not after any such interrogation and inquiries, that there is no lawful impediment to the proposed marriage, he shall upon completion by each of the said parties of the prescribed affidavit or solemn declaration to the effect that there is no lawful impediment to the proposed marriage and upon payment of the prescribed fee (if any), issue such a special marriage licence in the prescribed form to them.

(6) If the said person is not so satisfied he shall refuse to issue such licence.

39. (1) Subject to the provisions of sub-sections (2) to (5) inclusive, the laws specified in the Schedule are hereby repealed to the extent set out in the fourth column thereof, except in so far as they apply in the territory of South-West Africa.

(2) Anything done under any provision of a law repealed by sub-section (1) shall be deemed to have been done under the corresponding provision of this Act (if any).

(3) Any marriage which is validated by or is valid in terms of any law repealed by sub-section (1) shall not be effected by such repeal.

(4) Any provision of a law repealed by sub-section (1) which applies only in respect of non-white persons or a particular class of non-white persons shall, notwithstanding the provisions of this Act, but subject to the provisions of sub-section (5), continue to apply in respect of any Bantu and any Asiatic in respect of whom it is applicable.

(5) The Governor-General may by proclamation in the Gazette declare that any provision of a law referred to in sub-section (4) shall cease to apply in respect of the persons in question or any class of the persons in question, and as from the date specified in such proclamation, such provision shall cease so to apply.

Schedule.