Marriage Act, 1961/1986-04-23

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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

Marriage Amendment Act, No. 45 of 1981

Matrimonial Property Act, No. 88 of 1984

Marriages, Births and Deaths Amendment Act, No. 41 of 1986

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 Home Affairs;

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“prior law” means any law repealed by this Act or the Marriage Amendment Act, 1970, or any provision of any law declared by proclamation under section 39 (5) no longer to apply.



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 (1) Subject to the provisions of sub-sections (2) to (5) inclusive, the laws specified in the Schedule are hereby repealed to the extent set out in the fourth column thereof, except in so far as they apply in the territory of South-West Africa.

(2) Anything done under any provision of a law repealed by sub-section (1) shall be deemed to have been done under the corresponding provision of this Act (if any).

(3) Any marriage which is validated by or is valid in terms of any law repealed by sub-section (1) shall not be effected by such repeal.

(4) Any provision of a law repealed by sub-section (1) which applies only in respect of non-white persons or a particular class of non-white persons shall, notwithstanding the provisions of this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.