Page:Marriage Act 1961 from statute book.djvu/1

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Act No. 25 of 1961.

Act

To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto.

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(English text signed by the Governor-General.)
(Assented to 19th April, 1961.)

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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:―

Definitions.

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“prior law” means any law repealed by this Act.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)

Ex officio marriage officers, and designation of persons in service of State as marriage officers.

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.

Designation of ministers of religion and other persons attached to churches as marriage officers.

3. (1) The Minister 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 (1) 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.

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