Page:Marriage Act 1961 from statute book.djvu/3

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Marriage

Act No. 25 of 1961.

Change of name of religious denomination or organization and amalgamation of religious denominations or organizations.

8. (1) If a religious denomination or organization changes the name whereby it was known or amalgamates with any other religious denomination or organization, such change in name or amalgamation shall have no effect on the designation of any person as a marriage officer by virtue of his occupying any post or holding any position in any such religious denomination or organization.

(2) If a religious denomination or organization in such circumstances as are contemplated in sub-section (1) changes the name whereby it was known or amalgamates with any other religious denomination or organization, it shall immediately advise the Minister thereof.


Revocation of designation as, or authority of, marriage officer and limitation of authority of marriage officer.

9. (1) The Minister or any officer in the public service authorized thereto by him may, on the ground of misconduct or for any other good cause, revoke in writing the designation of any person as a marriage officer or the authority of any other person to solemnize marriages under this Act, or in writing limit in such respect as he may deem fit the authority of any marriage officer or class of marriage officers to solemnize marriages under this Act.

(2) Any steps taken by any officer in the public service under sub-section (1) may be set aside by the Minister.


Solemnization of marriages in country outside the Union.

10. (1) Any person who is under the provisions of this Act authorized to solemnize any marriages in any country outside the Union―

(a)

may so solemnize any such marriage only if the parties thereto are both South African citizens domiciled in the Union; and

(b)

shall solemnize any such marriage in accordance with the provisions of this Act.

(2) Any marriage so solemnized shall for all purposes be deemed to have been solemnized in the province of the Union in which the male party thereto is domiciled.


Unauthorized solemnization of marriage ceremonies forbidden.

11. (1) A marriage may be solemnized by a marriage officer only.

(2) Any marriage officer who purports to solemnize a marriage which he is not authorized under this Act to solemnize or which to his knowledge is legally prohibited, and any person not being a marriage officer who purports to solemnize a marriage, shall be guilty of an offence and liable on conviction to a fine not exceeding four hundred rand or, in default of payment, to imprisonment for a period not exceeding twelve months, or to both such fine and such imprisonment.

(3) Nothing in sub-section (2) contained shall apply to any marriage ceremony solemnized in accordance with the rites or formularies of any religion, if such ceremony does not purport to effect a valid marriage.