Prohibition of Mixed Marriages Act, 1949/1968-03-27

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as amended by

Prohibition of Mixed Marriages Amendment Act, No. 21 of 1968

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

1. (1) As from the date of commencement of this Act a marriage between a European and a non-European may not be solemnized, and any such marriage solemnized in contravention of the provisions of this section shall be void and of no effect: Provided that—

any such marriage shall be deemed to be valid, if—

it has been solemnized in good faith by a marriage officer, and neither of the parties concerned, or any other person in collusion with one or the other of them, has made any false statement relating to the said marriage amounting to a contravention of section four; and any party to such marriage professing to be a European or a non-European, as the case may be, is in appearance obviously what he professes to be, or is able to show, in the case of a party professing to be a European, that he habitually consorts with Europeans as a European, or in the case of a party professing to be a non-European, that he habitually consorts with non-Europeans as a non-European;

where any such marriage has been solemnized in good faith by a marriage officer, any children born or conceived of such marriage before it has been declared by a competent court to be invalid, shall be deemed to be legitimate.

(2) If any male person who is a South African citizen or is domiciled in the Republic enters into a marriage outside the Republic which cannot be solemnized in the Republic in terms of subsection (1), such marriage shall be void and of no effect in the Republic.