Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Search all major south african classifieds sites from one place. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. The indemnity act 61 of 1961 was a law enacted by the apartheid government in south africa, which protected the government from any legal repercussions of.
The act banned marriages between europeans and noneuropeans, which, in the language of the time, meant that white people could not marry people of other races. Matrimonial causes jurisdiction act 22 of 1939, as amended in south africa to november 1979. In kwazulu natal, customary law has been codified in the kwazulu act on the code of zulu law 16 of 1985 the kwazulu act and the natal code of zulu proclamation r151 of 1987 the natal code. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Interracial intimate relationships in postapartheid south africa claire lisa jaynes a research report submitted to the faculty of humanities, university of the witwatersrand, johannesburg, in partial fulfillment of the requirements for the degree of master of arts communitybased counselling university of the witwatersrand, 2007. Unlike surveys, registered marriages and divorces data are based on continuous recording of these events as they take place. This comment will contextualize the recognition of customary marriages within the broader democracy project in south africa, especially the legal and.
Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the. Full text of the south africa act, 1909 see other formats stop early journal content on jstor, free to anyone in the world this article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in the world by jstor. This ordinance og 643 amends the common law by setting forth additional grounds for divorce. Masculinity and gender in southern african studies, journal of southern african studies, 24, 4, 605630. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union.
South africa, officially the republic of south africa rsa, is the southernmost country in africa. There is hereby established a branch of the public service of the republic to be known as the national archives of south africa. The marriage must be negotiated, entered into or celebrated in accordance with. Postapartheid and living law perspectives provides a clear introduction to indigenous law in south africa. This paper is appearing in the journal of comparative law jcl, issn 14770814 and is published in the ejcl with the permission of the jcl editorial board. Republic of namibia 7 annotated statutes marriage act 25 of 1961 sa offence and liable on conviction to a fine not exceeding r1 000 or, in default of payment, to imprisonment for a period not exceeding months, or to both such fine and such 12 imprisonment. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act 25 of 1961 which does not differentiate between south african citizens and aliens with regard to the solemnization of a marriage in the republic of south africa. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Marriage act, 1961 wikisource, the free online library.
Change of name of religious denomination or organization and amalgamation of religious denominations or organizations. South africa have focused on gender roles and relations in order to address the major gender challenges facing south africa today, notably the high levels of violence and the rapid spread of 1 morrell r 1998 of boys and men. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984. The marriage act only provides for monogamous oppositesex marriages. Pdf african customary marriages in south africa and the. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no.
This declared the former union of south africa a republic. The national archives and records services of south africa nars is one such institution that has embraced the various archival practices that are inclined towards the. Track your national or international post here remember this tracking. Go to bidorbuy and discover online shopping at its best. The prohibition of mixed marriages act in south africa. In this act, unless the context otherwise indicates. According to the marriage act of 1961, there are three different types of legal. African customary marriages in south africa and the intricacies of a mixed legal system. Amended by births and deaths registration act 51 of 1992. The union of south africa consisting of the provinces of the cape of good hope, natal, the transvaal and the orange free state as they existed immediately prior to the commencement of this act, shall as from the thirtyfirst day of may, 1961, be a republic under the name of the republic of south africa. Calendars online and print friendly for any year and month.
Marriage act 1961 1 an act relating to marriage part ipreliminary 1 short title see note 1 this act may be cited as the marriage act 1961. Somewhat later, the newly founded republic also left the commonwealth. The specific types of marriage and divorce that can be registered in south africa are stipulated and governed by legal frameworks. The republic of south africa constitution act, 1961 was south africa s constitution from 1961 to 1984. Effect of designation of certain ministers of religion as marriage officers. There are several different types of marriage in existence today. Professor of law, northwest university potchefstroom campus south africa. Since 1961, the long formal name in english has been the republic of south africa. Before you tie the knot, you should take the time to research what the different types are so that you and your partner can make the right choice about your union. Interracial intimate relationships in postapartheid south. Male primogeniture can be regarded as a form of discrimination that entrenches past patterns of disadvantage among a very vulnerable group, exacerbated by old notions of patriarchy and male domination incompatible with the guarantee of equality under a constitutional order. Marriage amendment act 11 of 1964 marriage amendment act 19 of 1968 marriage amendment act 51 of 1970 marriage amendment act 26 of 1972 marriage amendment act 12 of 1973 marriage amendment proclamation a. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts.
The role of the national archives and records service of. Arguing along the same lines as mutloatse and kirkwood against this being a serious matter. To introduce a new constitution for the republic of south africa and to provide for matters. Issue 1993 volume 343, issue 15466 of government gazette, south africa volume 343, issue 15466 of republic of south africa government gazette. Marriage and divorce 1 marriage and divorce divorce laws amendment ordinance 18 of 1935.
It was largely based on the 1909 union of south africa act but substituted the word state whenever king, queen or crown appeared riley 1991. South africa maps perrycastaneda map collection ut library. South africas high court rules in favor of gay marriage. Customary marriages are recognised as valid marriages in terms of the recognition of customary marriages act 120 of 1998 the act. The constitutional court has taken a clear position in interpreting the bill of rights and implementing its goal. A constitutional possibility abstract the south african constitution is unlike any other in the world in terms of its inclusion of sexual orientation. After 15 november 2000, certain requirements were set out in the act that must be complied with. In ismail v ismail,9 the appellate division held that it was quite clear from the context of the act as a whole that it means a marriage under the. Constitution of the republic of south africa, 1993. Act 25 of 1961 hereinafter the marriage act between two heterosexual persons was the only form of marriage recognised by south african law.
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