Page:Immorality and Prohibition of Mixed Marriages Amendment Act 1985.djvu/2

2No. 9804

Act No. 72, 1985.

GENERAL EXPLANATORY NOTE

To amend the provisions of the Immorality Act, 1957, and the Criminal Procedure Act, 1977, in so far as they relate to unlawful carnal intercourse between white persons and coloured persons; to repeal the Prohibition of Mixed Marriages Act, 1949; and to provide for matters connected therewith.

{{c|(English text signed by the State President.) (Assented to 12 June 1985.)

{{dropinitial|B}}{{uc|e it enacted}} by the State President and the Parliament of the Republic of South Africa, as follows:―

{{anchor|s1}}{{Left sidenote|Amendment of section 1 of Act 23 of 1957.}} 1. Section 1 of the Immorality Act, 1957, is hereby amended— {{SLeb|padding=1.5em}} {{SLi|(a)}} by the deletion of the definition of “coloured person”; and {{SLi|(b)}} by the deletion of the definition of “white person”. {{SLee}}

{{anchor|s2}}{{Left sidenote|Repeal of section 16 of Act 23 of 1957.}} 2. Section 16 of the Immorality Act, 1957, is hereby repealed.

{{anchor|s3}}{{Left sidenote|Amendment of section 21 of Act 23 of 1957, as amended by section 3 of Act 68 of 1967.}} 3. Section 21 of the Immorality Act, 1957, is hereby amended by the deletion of subsection (2).

{{anchor|s4}}{{Left sidenote|Amendment of section 22 of Act 23 of 1957, as amended by section 4 of Act 68 of 1967 and section 4 of Act 57 of 1969.}} 4. Section 22 of the Immorality Act, 1957, is hereby amended— {{SLeb|padding=1.5em}} {{SLi|(a)}} by the substitution for paragraph (a) of the following paragraph: {{SLeb}} {{SLi|“(a)}} 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 [, or where it is proved that the person convicted kept a brothel and that unlawful carnal intercourse took place in such brothel to his knowledge between a white female and a coloured male or between a coloured female and a white male, for a period not exceeding seven years with or without a fine not exceeding one thousand rand in addition to such imprisonment];”; {{SLee}} {{SLi|(b)}} by the substitution for paragraph (c) of the following paragraph: {{SLeb}} {{SLi|“(c)}} in the case of an offence referred to in section 10, to imprisonment for a period not exceeding five years [, or, where it is proved that the person {{hws|con|convicted|title=convicted}} {{SLee}}{{SLee}}{{Sidenotes end}}