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; (i)
(ii)
‘illicit carnal intercourse’ means carnal intercourse
other than between husband and
wife; (iii) and
(iii)
‘non-European’ means a person who in appearance
obviously is, or who by general acceptance
and repute is a non-European. (ii).”.
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.
