South African Marriage Act: Solemnization, Banns, Licenses, and Objections | Assignments Law

50

UNION

GAZETTE

EXTRAORDINARY,

21sT

APRIL,

1961.

Definitions.

Ex

officio

marriage officers,

and

designation

of

persons

in

service

of

State

as marriage

officers.

Designation

of

ministers

of

religion

and

other

persons

attached

to

churches as

marriage officers.

How

designation

as

marriage

officer to be

made.

Marriage officers

under laws

repealed

by

this

Act.

Certain persons

may

in

certain

circumstances

be

deemed to

have been

marriage officers.

No. 25, 1961.]

ACT

To

consolidate and amend

the

laws relating

to

the

solemnization

of

marriages

and

matters incidental thereto.

(English

text

signed

by

the Governor-General.)

(Assanted to 19th April, 1961.)

BE

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-

(i) "magistrate" includes

an

additional

and

an

assistant

magistrate; (ii)

(ii) "marriage officer" means any person

who

is a marriage

officer by virtue

of

the

provisions

of

this

Act;

(i)

(iii)

"Minister"

means

the

Minister

of

the Interior; (iii)

(iv) "native commissioner" includes

an

additional

and

an

assistant native commissioner; (iv)

(v) "prescribed" means prescribed

by

this

Act

or

by

regulation

made

under this

Act;

(v)

(vi)

"prior

law"

means

any

law repealed

by

this Act. (vi)

2. (1) Every magistrate, every special justice

of

the

peace

and

every native 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.

3.

(I)

The

Mimster

and

any

officer

in

the

public service

authorized thereto

by

him may designate

any

minister

of

religion of,

or

any

person holding a responsible position in,

any

religious denomination

or

organization

to

be,

so

long

as

he

is

such a minister

or

occupies such position, a marriage officer

for

the purpose

of

solemnizing marriages according

to

Christian,

Jewish

or

Mohammedan rites

or

the rites

of

any

Indian religion.

(2) A designation under sub-section

(I)

may further limit

the

authority

of

any

such minister

of

religion

or

person

to

the

solemnization

of

marriages-

( a) within a specified

area;

(b) for a specified period;

and

(c) between persons belonging

to

a specified race.

4. Every designation

of

a person

as

a marriage officer shall

be

by

written instrument

and

the

date

as

from which

it

shall have

effect

and

any

limitation

to

which

it

is subject shall

be

specified

in

such instrument.

5. (1)

Any

person who.

at

the

commencement

of

this

Act,

is under

the

provisions

of

any

prior

law authorized

to

solemnize

any

marriages shall continue

to

have authority

to

solemnize

such marriages

as

if

such law

had

not

been repealed,

but

shall

exercise such authority

in

accordance with

the

provisions

of

this

Act.

(2) Any such person shall be deemed

to

have been designated

as

a marriage officer under this Act.

6.

(I)

Whenever

any

person has acted

as

a marriage officer

during

any

period

or

within

any

area

in respect

of

which he was

not

a marriage officer under this

Act

or

any

prior

law,

and

the

Minister

or

any

officer

in

the

public service authorized thereto

by

the

Minister is satisfied

that

such person

did

so

under

the

bona fide belief

that

he

was a marriage officer during

that

period

or

within

that

area,

he

may direct

in

writing

that

such person

shall for all purposes

be

deemed to have been a marriage officer

during such period

or

within such area, duly designated

as

such

under this

Act

or

such law,

as

the

case may be.

/

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ACT

BE IT ENACTED by the Queen•s Most Excellent Majesty.

1. In this Act, unless the context otherwise indicates-

2. (1) Every magistrate, every special justice of the peace and

to be, by virtue of his office and so long as he holds such office

6. (I) Whenever any person has acted as a marriage officer

officer while he remained or remains a minister of any of the

twelve be deemed that only such party caused such notice to be

18. (1) Any person who has in terms of section seventeen

19. (I) Parties desiring to marry without the publication of

impediment to the said marriage, interrogate each of the said

in the prescribed form to them.

the commencement of this Act the provisions of this Act or, as

(a) an error committed in good faith by either of the

23. (I) Any person desiring to raise any objection to any

terms of section fifteen, eighteen or nineteen.

section one of the Children's Act, 1960 (Act No. 33 of 1960),

if the minor is such a pupil or child as is mentioned in paragraph

(a) of sub-section (l) of section fifty -nine of the said Act or if

"Do you, A.B., declare that as far as you know there is

of religion or a person holding a responsible position in a

~3~:~alJ~~- 34. Nothing in this Act contained shall prevent-

guilty of an offence and liable on conviction to a fine not ex-

37. If any person contravenes any provision of this Act in

(5) The Governor-General may by proclamation in the

Gazette declare that any provision of a law referred to in sub-

question or any class of the persons in question, and as from

come into operation on a date to be fixed by the Governor-

General by proclamation in the Gazette.