Nmarriage act 25 of 1961 south africa pdf

Act 25 of 1961 hereinafter the marriage act between two heterosexual persons was the only form of marriage recognised by south african law. Customary marriages became legally recognised and protected in south africa when the recognition of customary marriages act 120 of 1998 the act came into force in november 2000. Minister for minister wherever it appears in the act. The act was made pursuant to power granted to the federal parliament under s. Examples of amended sections 45, 46 and 1 of the marriage act. Under the terms of the constitution south africa left the commonwealth and became a republic legally, the union of south africa, which had existed since 1910, came to an end and was reestablished as the republic of south africa. Positioning homosexual transsexual marriages under the south african marriage act 25 of 1961 is my own work, that it has not been submitted for any degree or examination in any other university. Removing confusion for marrying couples and the australian public to effectively inform and educate the australian public and visitors about marriage in australia all marriage and or wedding ceremonies need to have the same basic legal components. The marriage act provide for at least 60 days noitce for the payment of the celebrant registration charge after the day on which the first notice is sent. Marriage act, 1961 wikisource, the free online library. Interpretation in this act, except where the context otherwise requires district means a marriage district constituted under this act. Republic of south africa constitution act, 1961 wikisource. Despite the act being in operation for over 11 years, confusion still exists regarding registration of a customary marriage, as evidenced by the number of queries. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984.

Amended by births and deaths registration act 51 of 1992. Introduction the republic of south africa is in a period of reform, attempting to carve a unified and democratic nation from the remnants of centuries of. Republic of south africa constitution act no 32 the o. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. Although the federal parliament was given the power to pass laws about marriage at federation in 1901, it did not use this power until the 1961 act, while before 1961, each australian state and territory had its own marriage laws.

The conflict between customary law and common law is a theme that permeates the history of. Marriage act 1961 section 45 45 form of ceremony 1. Dissolution of marriages on presumption of death act 31 of 1993 matrimonial. South africa the laws and their effects essaysin 1948, the national party was elected with dr. Section 39a states this act and any amendment thereof shall apply also in the territory of south west africa, including the eastern caprivi zipfel. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. This notice is the prescribed form for this purpose. The marriage act allows other people to run a ceremony under my supervision, but i do not have to accept this situation and the validity of the marriage is my responsibility. The implementation of the recognition of customary marriages act in south africa lea mwambene and helen kruuse, university of the western cape, south africa. Section 42 of the marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. Statistics south africa obtains the divorce data from the djcd for this dataset. Sect part ivsolemnization of marriages in australia division 1authorization of ministers of religion and other persons as celebrants 25. Schedule first schedule forms second schedule marriage act an act to make provisions for the celebration of marriages.

Customary marriages are governed by the recognition of customary marriages act, 1998 act no. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead. To amend the marriage act, 1961 so as to insert certain definitions. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. This act sa gg 6670 governs the solemnisation of civil marriages. It was largely based on the 1909 union of south africa act but substituted the word state whenever king, queen or crown appeared riley 1991. This declared the former union of south africa a republic. Change of name of religious denomination or organization and amalgamation of religious denominations or organizations. With acts you are guaranteed the latest and most up to date resource for your legislative needs. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial.

Seedats executors v the master natal 1917 ad 302, c. Act not to exclude operation of certain state and territory laws 7. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Their policies were based on the saur report 1947 which ultimately worked towards full apartheid apartness and segregation of. By clicking add to cart, i confirm that i am an education provider. As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. If consent cannot be obtained, s 25 of the marriage act 25 of 1961 becomes applicable. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Consequences and dissolution of marriage for want of. South africa marriages and divorces 2012 overview datafirst. Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister.

Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. A religious viewpoint introduction africa is one continent with several worlds. The republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. This section states that if a commissioner of child welfare is satisfied that a minor has no parent or guardian or is for any good reason unable to obtain consent, he. In ismail v ismail,9 the appellate division held that it was quite clear from the context of the act as a whole that it means a marriage under the. It contains information about organisations, people, policies, legislation and events related to the history of child welfare. So basically, if your unregistered uncle who used to be a priest wants to marry you but he isnt authorised by law, i can let him run the ceremony with my supervision.

After the ceremony of a marriage or a civil union, the marriage officer submits the data to the nearest. Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. The constitution of 1961 formally the republic of south africa constitution act, 1961 was the fundamental law of south africa for two decades. Dlamini, the new marriage legislation affecting blacks in south africa, journal of south african law 410 1989. Under the terms of the constitution south africa left the commonwealth and became a republic. The omission from section 301 of the marriage act 25 of 1961 after the words or husband of the words or spouse is declared to be inconsistent with the constitution, and the marriage act is declared to be invalid to the extent of this inconsistency. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of a few thousand. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force.

Acts online provides legislation, including amendments and regulations, in an intuitive, online format. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. The new constitution which put that decision into effect replaced. African customary marriages in south africa and the intricacies of a mixed legal system. South africa is a mix of common law and civil law by way of the netherlands. The marriage act only provides for monogamous oppositesex marriages. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. The solemnization of marriages in the republic of south africa is governed by the marriage act, 1961. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1. Republic of namibia annotated statutes marriage act 25 of 1961 sa b the acceptance by any person of any fee charged by such religious denomination or organization for the blessing of any marriage, provided the exercise of such authority is not in conflict with the civil rights and duties of any person. Aug 18, 2019 the republic of south africa constitution act, 1961 was south africas constitution from 1961 to 1984. Rental housing act prevention of illegal eviction from and u.

This act may be cited as the law of marriage act, 1971, and shall, subject to the provisions of section 166, come into operation on the 1st day of may, 197 1. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act. Registration of customary marriages still creates confusion. This comment will contextualize the recognition of customary marriages within the broader democracy project in south africa, especially the legal and. Short title this act may be cited as the marriage act. Marriage act 1961 the act requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. Marriage act 25 of 1961, as amended in south africa to march 1978.

You must be an education provider to purchase this book. The marriage act 1961 coalition of celebrant associations. Polity offers free access to south african legislation, policy documents and daily political news. This is a compilation of the marriage act 1961 that shows the text of the law as amended and in force on 26 october 2018 the compilation date. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Effect of designation of certain ministers of religion as marriage officers. Be it enacted by the parliament of the republic of south africa, as follows. Africa 200 of 1993 and the final constitution of the republic of south africa, 1996. Somewhat later, the newly founded republic also left the commonwealth. Oct 21, 2016 this is a compilation of the marriage act 1961 that shows the text of the law as amended and in force on 21 october 2016 the compilation date. Cohabitation, marriage and remarriage patterns in africa. Pdf african customary marriages in south africa and the.