Page:Marriage Amendment Act 1968 from statute book.djvu/1

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Marriage Amendment Act
127

Act No. 19, 1968

Act

To amend sections 16, 19, 22 and 29 of the Marriage Act, 1961, so as to provide that a notice of intention to marry published in a country outside the Republic or a special marriage licence issued in the territory of South-West Africa shall be regarded as having been published or issued in the Republic; and to validate certain marriages.


(English text signed by the Acting State President.)
(Assented to 14th March, 1968.)


Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:―


Substitution of section 16 of Act 25 of 1961.

1. The following section is hereby substituted for section 16 of the Marriage Act, 1961 (hereinafter referred to as the principal Act):

“Banns and notice of intention to marry published outside the Union.

16. (1) Banns of marriage or a notice of intention to marry published in a country outside the Union shall for the purposes of this Act be regarded as having been published in the Union, but a marriage officer shall not solemnize any marriage in pursuance thereof unless there is produced to him the prescribed proof that such banns were or such notice of intention to marry was duly published according to the law of such country.

(2) The provisions of section 21 shall mutatis mutandis apply with reference to such banns or notice.”.


Amendment of section 19 of Act 25 of 1961.

2. Section 19 of the principal Act is hereby amended by the addition of the following subsection:

“(7) A special marriage licence issued in the territory of South-West Africa according to the law of such territory, shall for the purposes of this Act be regarded as a licence which has been issued in the Republic in terms of this Act.”.


Substitution of section 22 of Act 25 of 1961.

3. The following section is hereby substituted for section 22 of the principal Act:

“Irregularities in publication of banns or notice of intention to marry or in the issue of special marriage licence.

22. If in the case of any marriage solemnized before or after the commencement of this Act the provisions of this Act or, as the case may be, any prior 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 or the applicable provisions of any law of the territory of South-West Africa relating to the issue of special marriage licences, have not been strictly complied with owing to―

(a)

an error committed in good faith by either of the parties to such marriage in interpreting those provisions; or