Prohibition of Mixed Marriages Act, 1949
|Prohibition of Mixed Marriages Act, 1949 (1949)
apartheid legislation introduced after the rise to power of the National Party in 1948. It worked hand-in-hand with the Immorality Act, 1927 (and its successor the Immorality Act, 1957), which prohibited extra-marital sex between white people and people of other races. It was amended once, in 1968 by the Prohibition of Mixed Marriages Amendment Act, 1968, to invalidate inter-racial marriages contracted by South African men living outside of South Africa. It was repealed in 1985 by the Immorality and Prohibition of Mixed Marriages Amendment Act, 1985.
The "Prohibition of Mixed Marriages Act" (Act No. 55 of 1949) was a South African Act of Parliament which prohibited marriages between "Europeans" (white people) and "non-Europeans". It was one of the first pieces of |
This is the text as originally enacted and does not incorporate the 1968 amendment. A version incorporating that amendment is also available on Wikisource.
To prohibit marriages between Europeans and non-Europeans, and to provide for matters incidental thereto.
(English text signed by the Governor-General.)
(Assented to 1st July, 1949.)
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:―
1. (1) As from the date of commencement of this Act a marriage between a European and a non-European may not be solemnized, and any such marriage solemnized in contravention of the provisions of this section shall be void and of no effect: Provided that—
(2) If any male person who is domiciled in the Union enters into a marriage outside the Union which cannot be solemnized in the Union in terms of sub-section (1), then such marriage shall be void and of no effect in the Union.
2. Any marriage officer who knowingly performs a marriage ceremony between a European and a non-European shall be guilty of an offence and liable to a fine not exceeding fifty pounds.
3. Any person who is in appearance obviously a European or a non-European, as the case may be, shall for the purposes of this Act be deemed to be such, unless and until the contrary is proved.
4. Any person who makes a false statement to a marriage officer, relating to the question whether any party seeking to have his marriage solemnized by such marriage officer is a European or a non-European, knowing such statement to be false, shall be guilty of an offence and liable to the penalties prescribed by law for the crime of perjury.
5. This Act shall be called the Prohibition of Mixed Marriages Act, 1949.
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