Immorality Act, 1927/1931-05-22

Immorality Act, 1927
enacted by the Parliament of South Africa
as at 22 May 1931

This is the text of the Immorality Act, 1927, as at 22 May 1931, that being the date on which the Immigration (Amendment) Act, 1931, was published and came into force.

Act

To prohibit illicit carnal intercourse between Europeans and natives and other acts in relation thereto.



(Assented to 26th March, 1927.)
(Signed by the Governor-General in Afrikaans.)



Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―


Penalty on men in case of illicit intercourse between Europeans and natives.

1. Any European male who has illicit carnal intercourse with a native female, and any native male who has illicit carnal intercourse with a European female, in circumstances which do not amount to rape, an attempt to commit rape, indecent assault, or a contravention of section two or four of the Girls’ and Mentally Defective Women’s Protection Act, 1916 (Act No. 3 of 1916) shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.


Penalty on women in case of illicit intercourse between Europeans and natives.

2. Any native female who permits any European male to have illicit carnal intercourse with her and any European female who permits any native male to have illicit carnal intercourse with her shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding four years.


Procuring.

3. Any person who procures any native female for the purpose of her having illicit carnal intercourse with any European male or who procures any European female for the purpose of her having illicit carnal intercourse with any native male, or in any way assists in bringing about such intercourse shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.


Owner or occupier of premises permitting therein offences against this Act.

4. Any owner or occupier of any premises who knowingly permits the use of such premises for the purpose of any offence against any provision of this Act shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.


Onus of proving marriage.

5. Whenever in any proceedings under this Act the question is in issue whether any female was married to any male, the onus of proving such marriage shall be upon the accused and in the absence of such proof such female and male shall be deemed to be unmarried.


[Section 6 repealed by s. 5 of Act No. 15 of 1931.]


Interpretation of terms.

7. In this Act the expression “illicit carnal intercourse” means carnal intercourse other than between husband and wife and the expression “native” means any member of any aboriginal race or tribe of Africa.


Short title and commencement.

8. This Act may be cited as the Immorality Act, 1927, and shall come into operation on the thirtieth day of September, 1927.