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Marriage Act, 1961
Act 25 of 1961
- Published in South African Government Gazette 6670 on 21 April 1961
- Assented to on 19 April 1961
- Commenced on 1 February 1972
- [This is the version of this document from 30 January 2019 and includes any amendments published up to 6 December 2024.]
- [Amended by Marriage Amendment Act, 1964 (Act 11 of 1964) on 28 February 1964]
- [Amended by Bantu Laws Amendment Act, 1964 (Act 42 of 1964) on 1 January 1965]
- [Amended by Marriage Amendment Act, 1968 (Act 19 of 1968) on 27 March 1968]
- [Amended by Marriage Amendment Act, 1970 (Act 51 of 1970) on 1 February 1972]
- [Amended by Marriage Amendment Act, 1972 (Act 26 of 1972) on 12 April 1972]
- [Amended by Marriage Amendment Act, 1973 (Act 12 of 1973) on 4 April 1973]
- [Amended by Marriage Amendment Proclamation, 1977 (Proclamation AG8 of 1977) on 11 November 1977]
- [Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
- [Amended by Marriages, Births and Deaths Amendment Act, 1987 (Act 5 of 1987) on 30 April 1987]
- [Amended by Married Persons Equality Act, 1996 (Act 1 of 1996) on 15 July 1996]
- [Amended by Child Care and Protection Act, 2015 (Act 3 of 2015) on 30 January 2019]
1. Definitions
In this Act, unless the context otherwise indicates “magistrate” includes an additional and an assistant magistrate;“marriage officer” means any person who is a marriage officer by virtue of the provisions of this Act;“Minister” means the Minister of Home Affairs;[The definition of “Minister” was substituted by Act 51 of 1970. In this substituted definition, AG 3 of 1979 changed the reference to “Minister of Bantu Administration and Development” to “Minister of Plural Relations and Development”, and the word “Bantu” to “Black”. The References to Plural Relations and Development Act 10 of 1979 (OG 4023), which came into force on 1 July 1979 (section 2 of Act 10 of 1979), provided that a reference in any law to the Minister of Plural Relations and Development was to be construed as a reference to the Minister of Co-operation and Development, without technically amending any laws. The definition was then amended by Act 5 of 1987, which removed the phrase containing the reference to “Black” and removed the phrase which was construed to refer to the Minister of Co-operation and Development. The definition of “Minister” was then substituted by Act 1 of 1996.][The original Act contained a definition of “native commissioner”. The definition of “native commissioner” was converted to a definition of “Bantu Affairs Commissioner” by Act 42 of 1964. This definition was then substituted by Act 51 of 1970. The definition of “Bantu Affairs Commissioner” was changed to a definition of “Commissioner” by AG 3 of 1979. This definition was then deleted by Act 5 of 1987.]“prescribed” means prescribed by this Act or by regulation made under this Act;“prior law” means any law repealed by this Act or the Marriage Amendment Act, 1970, or any provision of any law declared by proclamation under section 39(5) no longer to apply.[definition of “prior law” substituted by Act 51 of 1970]2. Ex officio marriage officers, and designation of persons in service of State as marriage officers
3. Designation of ministers of religion and other persons attached to churches as marriage officers
4. How designation as marriage officer to be made
Every designation of a person as a marriage officer shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.5. Marriage officers under laws repealed by this Act
5bis. Authority of marriage officers in South West Africa
Notwithstanding anything to the contrary contained in this Act or a prior law or in any written instrument issued in terms of section 4 or a prior law, any person who is a marriage officer for the territory of South West Africa or any part of it, may solemnize marriages in that territory or in such part of it, as the case may be, between persons generally and not only between persons belonging to any particular population group or class of persons.[section 5bis inserted by AG 8 of 1977]6. Certain persons may in certain circumstances be deemed to have been marriage officers
7. Effect of designation of certain ministers of religion as marriage officers
Any minister of religion who before or after the commencement of this Act was or is designated as a marriage officer while a minister of the “Nederduitse Gereformeerde Kerk in Suid-Afrika, Kaap”, or of the “Nederduitse Gereformeerde Kerk van Natal”, or of the “Nederduitse Gereformeerde Kerk in die Oranje-Vrystaat”, or of the former “Nederduitse Hervormde of Gereformeerde Kerk van Suid-Afrika, Transvaal”, or of the “Nederduitse Gereformeerde Kerk van Transvaal”, shall as from the date of such designation but subject to the provisions of this Act be deemed to have been or to be a marriage officer while he remained or remains a minister of any of the said churches.8. Change of name of religious denomination or organization and amalgamation of religious denominations or organizations
9. Revocation of designation as, or authority of, marriage officer and limitation of authority of marriage officer
10. Solemnization of marriages in country outside the Union
11. Unauthorized solemnization of marriage ceremonies forbidden
12. Prohibition of solemnization of marriage without production of identity document or prescribed declaration
No marriage officer shall solemnize any marriage unless -13. ***
[section 13 deleted by Act 51 of 1970]14. ***
[section 14 deleted by Act 51 of 1970]15. ***
[section 15 amended by Act 11 of 1964 and deleted by Act 51 of 1970]16. ***
[section 16 substituted by Act 19 of 1968 and deleted by Act 51 of 1970]17. ***
[section 17 deleted by Act 51 of 1970]18. ***
[section 18 deleted by Act 51 of 1970]19. ***
[section 19 amended by Act 19 of 1968 and deleted by Act 51 of 1970]20. ***
[section 20 deleted by Act 51 of 1970]21. ***
[section 21 deleted by Act 51 of 1970]22. Irregularities in publication of banns or notice of intention to marry or in the issue of special marriage licences
If in the case of any marriage solemnized before the commencement of the Marriage Amendment Act, 1970, the provisions of any law relating to the publication of banns or notice of intention to marry or to the issue of special marriage licences, or the applicable provisions of any law of a country outside the Union relating to the publication of banns or the publication of notice of intention to marry were not strictly complied with but such marriage was in every other respect solemnized in accordance with the provisions of this Act or, as the case may be, a former law, that marriage shall, provided there was no other lawful impediment thereto and provided such marriage has not been dissolved or declared invalid by a competent court, and provided further that neither of the parties to such marriage has after such marriage and during the life of the other, already lawfully married another, be as valid and binding as it would have been if the said provisions had been strictly complied with.[section 22 substituted by Act 19 of 1968, amended by Act 51 of 1970, and substituted by Act 26 of 1972]23. Objections to marriage
24. Marriage of minors
25. When consent of parents or guardian of minor cannot be obtained
26. Prohibition of marriage of persons under certain ages
27. Proof of age of parties to proposed marriage
If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer reasonably suspects that either of them is of an age which debars him or her from contracting a valid marriage without the consent or permission of some other person, he may refuse to solemnize a marriage between them unless he is furnished with such consent or permission in writing or with satisfactory proof showing that the party in question is entitled to contract a marriage without such consent or permission.28. Marriage between person and relatives of his or her deceased or divorced spouse
Any legal provision to the contrary notwithstanding it shall be lawful for -29. Time and place for and presence of parties and witnesses at solemnization of marriage and validation of certain marriages
30. Marriage formula
31. Certain marriage officers may refuse to solemnize certain marriages
Nothing in this Act contained shall be construed so as to compel a marriage officer who is a minister of religion or a person holding a responsible position in a religious denomination or organization to solemnize a marriage which would not conform to the rites, formularies, tenets, doctrines or discipline of his religious denomination or organization.32. Fees payable to marriage officers
33. Blessing of a marriage
After a marriage has been solemnized by a marriage officer, a minister of religion or a person holding a responsible position in a religious denomination or organization may bless such marriage according to the rites of his religious denomination or organization.34. Religious rules and regulations
Nothing in this Act contained shall prevent -35. Penalties for solemnizing marriage contrary to the provisions of this Act
Any marriage officer who knowingly solemnizes a marriage in contravention of the provisions of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or, in default of payment, to imprisonment for a period not exceeding six months.36. Penalties for false representations or statements
Any person who makes for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.37. Offences committed outside the Union
If any person contravenes any provision of this Act in any country outside the Union the Minister of Justice shall determine which court in the Union shall try such person for the offence committed thereby, and such court shall thereupon be competent so to try such person, and for all purposes incidental to or consequential on the trial of such person, the offence shall be deemed to have been committed within the area of jurisdiction of such court.38. Regulations
38A. ***
[section 38A inserted by Act 51 of 1970, amended by AG 3 of 1979, and deleted by Act 5 of 1987]39. Repeal of laws and savings
39A. Application of Act to the territory of South-West Africa, and repeal of laws of that territory
40. Short title and commencement
This Act shall be called the Marriage Act, 1961, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.[The Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Governor-General in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require. However, by this time the Act had already come into operation on a date fixed by the Governor-General.]History of this document
30 January 2019 this version
Amended by
Child Care and Protection Act, 2015
15 July 1996
30 April 1987
01 August 1978
Amended by
Native Laws Amendment Proclamation, 1979
11 November 1977
Amended by
Marriage Amendment Proclamation, 1977
04 April 1973
Amended by
Marriage Amendment Act, 1973
12 April 1972
Amended by
Marriage Amendment Act, 1972
01 February 1972
Amended by
Marriage Amendment Act, 1970
Commenced
27 March 1968
Amended by
Marriage Amendment Act, 1968
01 January 1965
Amended by
Bantu Laws Amendment Act, 1964
28 February 1964
Amended by
Marriage Amendment Act, 1964
21 April 1961
19 April 1961
Assented to
Cited documents 2
Act 2
1. | General Law Amendment Act, 1957 | 12 citations |
2. | General Law Amendment Act, 1952 | 6 citations |
Documents citing this one 24
Gazette 9
Judgment 5
Act 4
1. | Child Care and Protection Act, 2015 | 55 citations |
2. | Married Persons Equality Act, 1996 | 43 citations |
3. | Recognition of Certain Marriages Act, 1991 | 13 citations |
4. | Dissolution of Marriages Act, 2024 | 1 citation |
Law Reform Report 4
Government Notice 1
1. | Directions relating to judicial proceedings during the COVID-19 state of emergency |
Proclamation 1
1. | Executive Powers (Interior) Transfer Proclamation, 1978 |