Page:Marriage Act 1961 from statute book.djvu/6

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Marriage

Act No. 25 of 1961.

Certificate of publication of notice of intention to marry.

18. (1) Any person who has in terms of section seventeen published a notice of intention to marry shall on the application of any person and on payment to him of the prescribed fee (if any), issue to such person a certificate to the effect that the said notice was so published.

(2) The said certificate shall state the full christian name and surname, marital status and residential address of each party in question as well as the period during which the said notice was published.


Special marriage licence.

19. (1) Parties desiring to marry without the publication of banns or notice of intention to marry may personally apply to an officer or employee in the diplomatic or consular service of the Union authorized by the Minister to issue special marriage licences or to a magistrate or native commissioner for a special licence to marry without the publication of banns or notice of intention to marry.

(2) Any such person to whom such application is made shall require each such party to furnish him with his or her full christian name and surname and may put to each of them such questions as he may deem necessary to determine whether any lawful impediment exists to the proposed marriage.

(3) If the person to whom such application is made is not satisfied that the proposed marriage may be legally solemnized, he shall, in order to determine whether there is any lawful impediment to the said marriage, interrogate each of the said parties and institute such other inquiries as he may deem necessary.

(4) For the purpose of such interrogation the said person shall administer an oath to each such party or require him or her to make an affirmation.

(5) If the person to whom such application is made is satisfied, whether or not after any such interrogation and inquiries, that there is no lawful impediment to the proposed marriage, he shall upon completion by each of the said parties of the prescribed affidavit or solemn declaration to the effect that there is no lawful impediment to the proposed marriage and upon payment of the prescribed fee (if any), issue such a special marriage licence in the prescribed form to them.

(6) If the said person is not so satisfied he shall refuse to issue such licence.


By which marriage officer marriage may be solemnized.

20. If in terms of this Act or a prior law banns of marriage or notice of intention to marry has been published or a special marriage licence has been issued, any marriage officer having the necessary authority may solemnize the marriage in question provided, if he did not make every such publication or issue such licence, he is satisfied that the necessary publication of banns or notice of intention to marry was made or, as the case may be, there is produced to him such licence.