Act No. 25 of 1961.
39. (1) Subject to the provisions of sub-sections (2) to (5) inclusive, the laws specified in the Schedule are hereby repealed to the extent set out in the fourth column thereof, except in so far as they apply in the territory of South-West Africa.
(2) Anything done under any provision of a law repealed by sub-section (1) shall be deemed to have been done under the corresponding provision of this Act (if any).
(3) Any marriage which is validated by or is valid in terms of any law repealed by sub-section (1) shall not be effected by such repeal.
(4) Any provision of a law repealed by sub-section (1) which applies only in respect of non-white persons or a particular class of non-white persons shall, notwithstanding the provisions of this Act, but subject to the provisions of sub-section (5), continue to apply in respect of any Native and any Asiatic in respect of whom it is applicable.
(5) The Governor-General may by proclamation in the Gazette declare that any provision of a law referred to in sub-section (4) shall cease to apply in respect of the persons in question or any class of the persons in question, and as from the date specified in such proclamation, such provision shall cease so to apply.
40. This Act shall be called the Marriage Act, 1961, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.
Schedule.
Laws Repealed.
| Province or Union. | No. and Year of Law. | Title or Subject Matter. | Extent of Repeal. |
| Cape of Good Hope. | Marriage Order in Council, 7th September, 1838. | Amendment of Marriage Laws. | The whole. |
| Order in Council, 20th February, 1839. | Construction of Marriage Order in Council, 7th September, 1838, in certain respects. | The whole. | |
| Order in Council, 3rd April, 1840. | Amendment of Marriage Order in Council, 7th September, 1838. | The whole. | |
| Ordinance No. 4 of 1848. | Ordinance for rendering legal certain Marriages supposed to be invalid. | The whole. | |
| Act No. 13 of 1857. | Act for Removing all Doubts regarding the Validity of the Marriages of certain Military Settlers. | The whole. | |
| Act No. 16 of 1860. | “Marriage Act, 1860”. | The whole. |
