Page:Marriage Amendment Act 1970 from Government Gazette.djvu/3

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Government Gazette, 18th September, 1970
No. 2822     5

Marriage Amendment Act, 1970.
Act No. 51, 1970.
Amendment of section 2 of Act 25 of 1961.

2. Section 2 of the principal Act is hereby amended by the substitution in subsection (2) for the word “race” of the words “population group”.


Amendment of section 3 of Act 25 of 1961.

3. Section 3 of the principal Act is hereby amended by the substitution in subsection (2) (c) for the word “race” of the words “population group”.


Amendment of section 5 of Act 25 of 1961.

4. Section 5 of the principal Act is hereby amended―

(a)

by the substitution for subsection (1) of the following subsection:

“(1) Subject to the provisions of subsection (3), any person who, at the commencement of this Act, or of the Marriage Amendment Act, 1970, is under the provisions of any prior law authorized to solemnize any marriages, shall continue to have authority to solemnize such marriages as if such law had not been repealed, but shall exercise such authority in accordance with the provisions of this Act.”; and

(b)

by the addition of the following subsection:

“(3) Any such person whose authority to solemnize any marriages in the Republic is at the commencement of the Marriage Amendment Act, 1970, not limited to a specified area, shall be deemed to have been designated as a marriage officer for solemnizing marriages in the territory of South-West Africa also, and any such person whose authority to solemnize any marriages in the said territory is at such commencement not limited to a specified area, shall be deemed to have been designated as a marriage officer for solemnizing marriages in the Republic also.”.


Substitution of section 12 of Act 25 of 1961, as amended by section 1 of Act 11 of 1964.

5. The following section is hereby substituted for section 12 of the principal Act:

“Prohibition of solemnization of marriage without production of identity document or prescribed declaration.

12. No marriage officer shall solemnize any marriage unless―

(a)

each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Population Registration Act, 1950 (Act No. 30 of 1950), or the Identity Documents in South-West Africa Act, 1970; or

(b)

each of such parties furnishes to the marriage officer the prescribed affidavit; or

(c)

one of such parties produces his or her identity document referred to in paragraph (a) to the marriage officer and the other furnishes to the marriage officer the affidavit referred to in paragraph (b).”.


Repeal of sections 13 to 21, inclusive, of Act 25 of 1961.

6. Sections 13 to 21, inclusive, of the principal Act are hereby repealed.


Amendment of section 22 of Act 25 of 1961, as substituted by section 3 of Act 19 of 1968.

7. Section 22 of the principal Act is hereby amended by the deletion of the words “or the applicable provisions of any law of the territory of South-West Africa relating to the issue of special marriage licences,”.


Substitution of section 23 of Act 25 of 1961.

8. The following section is hereby substituted for section 23 of the principal Act:

“Objections to marriage.

23. (1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with the marriage officer who is to solemnize such marriage.

(2) Upon receipt of any such objection the marriage officer concerned shall inquire into the