Immorality Amendment Act, 1950

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Immorality Amendment Act, 1950  (1950) 
enacted by the Parliament of South Africa
The "Immorality Amendment Act, 1950" (Act No. 21 of 1950) was a South African Act of Parliament which amended the Immorality Act, 1927, to extend the existing prohibition on sexual intercourse between "Europeans" (white people) and "natives" (black people) to prohibit all sex between "Europeans" and "non-Europeans". It thus included in the ambit of the Immorality Act people of mixed origin and people of Asian origin. The act was one of the first pieces of apartheid legislation passed after the rise to power of the National Party in 1948. The 1927 principal act and the 1950 amendment act were repealed in 1957 by the Immorality Act, 1957, which contained essentially the same prohibition; the prohibition on inter-racial sex was finally lifted by the Immorality and Prohibition of Mixed Marriages Amendment Act, 1985.

Act

To amend the Immorality Act, 1927, so as to prohibit illicit carnal intercourse between Europeans and non-Europeans, and to provide for matters incidental thereto.



(English text signed by the Governor-General.)
(Assented to 1st May, 1950.)


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:―


Amendment of sections 1, 2 and 3 of Act 5 of 1927.

1. Sections one, two and three of the Immorality Act, 1927 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the word “native”, wherever it occurs, of the word “non-European”.


Insertion of section 2bis in Act 5 of 1927.

2. The following section is hereby inserted in the principal Act after section two:

“Defence to charge.

2bis. It shall be a sufficient defence to any charge under section one or section two if it is proved to the satisfaction of the court or jury before whom the charge is brought that the person so charged at the time of the commission of the offence had reasonable cause to believe that the person with whom he or she committed the offence was a European if the person so charged is a European, or a non-European if the person so charged is a non-European.”


Substitution of section 7 of Act 5 of 1927.

3. The following section is hereby substituted for section seven of the principal Act:

“Interpretation of terms.

7. In this Act—

(i) ‘European’ means a person who in appearance obviously is, or who by general acceptance and repute is a European;

(ii) ‘illicit carnal intercourse’ means carnal intercourse other than between husband and wife; and

(iii) ‘non-European’ means a person who in appearance obviously is, or who by general acceptance and repute is a non-European..”.


Insertion of section 7bis in Act 5 of 1927.

4. The following section is hereby inserted in the principal Act after section seven:

“Presumption.

7bis. Any person who seems in appearance obviously to be a European or a non-European, as the case may be, shall for the purposes of this Act be deemed to be such, until the contrary is proved.”


Amendment of long title of Act 5 of 1927.

5. The long title of the principal Act is hereby amended by the substitution for the word “natives”, of the word “non-Europeans”.


Short title.

6. This Act shall be called the lmmorality Amendment Act, 1950.

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