Page:Marriage Amendment Act 1970 from Government Gazette.djvu/4

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Government Gazette, 18th September, 1970
No. 2822     7

Marriage Amendment Act, 1970.
Act No. 51, 1970.

grounds of the objection and if he is satisfied that there is no lawful impediment to the proposed marriage, he may solemnize the marriage in accordance with the provisions of this Act.

(3) If he is not so satisfied he shall refuse to solemnize the marriage.”.


Amendment of section 26 of Act 25 of 1961.

9. Section 26 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) No boy under the age of eighteen years and no girl under the age of fifteen years shall be capable of contracting a valid marriage except with the written permission of the Minister, which he may grant in any particular case in which he considers such marriage desirable: Provided that such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all other requirements prescribed by law: Provided further that such permission shall not be necessary if by reason of any such other requirement the consent of a judge or court having jurisdiction in the matter is necessary and has been granted.”.


Substitution of section 30 of Act 25 of 1961.

10. The following section is hereby substituted for section 30 of the principal Act:

“Marriage formula.

30. (1) In solemnizing any marriage the marriage officer shall put the following questions to each of the parties separately, each of whom shall reply thereto in the affirmative:

‘Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed marriage with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful wife (or husband)?’,

and thereupon the parties shall give each other the right hand and the said marriage officer shall declare the marriage solemnized in the following words:

‘I declare that A.B. and C.D. here present have been lawfully married.’.

(2) Subject to the provisions of subsection (1), a marriage officer, if he is a minister of religion or a person holding a responsible position in a religious denomination or organization, may in solemnizing a marriage follow the rites usually observed by his religious denomination or organization.”.


Amendment of section 38 of Act 25 of 1961.

11. (1) Section 38 of the principal Act is hereby amended―

(a)

by the substitution in subsection (1) for the word “Governor-General” of the word “Minister”; and

(b)

by the addition of the following subsection:

“(3) Different and separate regulations may be made under subsection (1) in respect of different areas or in respect of persons belonging to different population groups, and regulations made under subsection (1) (b) shall be made in consultation with the Minister of Finance.”.

(2) Regulations made under section 38 of the principal Act and in force at the commencement of the Marriage Amendment Act, 1970, shall be deemed to have been made under the said section, as amended by this section, and shall remain in force until amended or repealed by the competent authority.