Marriage Act, 1961/1978-08-01

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as amended by

Marriage Amendment Act, No. 11 of 1964

Black Laws Amendment Act, No. 42 of 1964

Marriage Amendment Act, No. 19 of 1968

Marriage Amendment Act, No. 51 of 1970

Marriage Amendment Act, No. 26 of 1972

Marriage Amendment Act, No. 12 of 1973

Second Black Laws Amendment Act, No. 102 of 1978

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― “Commissioner” includes an Additional Commissioner, an Assistant Commissioner, a Native Commissioner, an Additional Native Commissioner and an Assistant Native 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 or, in relation to any person who is a Black as defined in the Population Registration Act, 1950 (Act No. 30 of 1950), or is a native (excluding a Nama) as defined in section 25 of the Native Administration Proclamation, 1928 (Proclamation No. 15 of 1928), of South-West Africa, the Minister of Plural Relations and Development;

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

“prior law” means any law repealed by this Act or the Marriage Amendment Act, 1970, or any provision of any law declared by proclamation under section 39 (5) no longer to apply.

2. (1) Every magistrate, every special justice of the peace and every 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 population group or class of persons or country or area.

 38A. (1) The State President may by proclamation in the Gazette assign the administration of any other law relating to marriages, to the Minister of Plural Relations and Development, in respect of any Black.

(2) The State President may from time to time by like proclamation revoke or amend any such proclamation.

 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 Black 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.