Page:Marriage Amendment Act 1981 from Government Gazette.djvu/2

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2     No. 7506
Government Gazette, 27 March 1981

Act No. 45, 1981
Marriage Amendment Act, 1981.

General explanatory note:

[                    ]  Words in bold type in square brackets indicate omissions from existing enactments.
                        Words underlined with solid line indicate insertions in existing enactments.


Act

To amend the Marriage Act, 1961, so as to grant to the Minister and certain officers the power to direct that a person who acted as marriage officer in respect of the marriage of persons who believed that such person was in fact a marriage officer, shall for the purposes of the Act be deemed to have been duly designated as a marriage officer; to extend the power to grant permission to certain persons to contract marriages; and to compel a marriage officer who solemnizes a marriage to complete a certificate on the prescribed form; and to provide for matters connected therewith.



(Afrikaans text signed by the State President.)
(Assented to 3 March 1981.)


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


Substitution of section 6 of Act 25 of 1961.

1. The following section is hereby substituted for section 6 of the Marriage Act, 1961:

“Certain persons may in certain circumstances be deemed to have been marriage officers.

6. (1) Whenever any person has acted as a marriage officer during any period or within any area in respect of which he was not a marriage officer under this Act or any prior law, and the Minister or any officer in the public service authorized thereto by the Minister is satisfied that such person did so under the bona fide belief that he was a marriage officer during that period or within that area, he may direct in writing that such person shall for all purposes be deemed to have been a marriage officer during such period or within such area, duly designated as such under this Act or such law, as the case may be.

(2) Whenever any person acted as a marriage officer in respect of any marriage while he was not a marriage officer and both parties to that marriage bona fide believed that such person was in fact a marriage officer, the Minister or any officer in the public service authorized thereto by him may, after having conducted such inquiry as he may deem fit, in writing direct that such person shall for all purposes be deemed to have been duly designated as a marriage officer in respect of that marriage.

[(2)] (3) Any marriage solemnized [during such period or within such area] by any person who is in terms of [subsection (1)] this section to be deemed to have been duly designated as a marriage officer [in