Page:Marriage and Matrimonial Property Law Amendment Act 1988.djvu/2

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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.

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Act

To amend the marriage and matrimonial property law with regard to certain marriages; and to provide for matters connected therewith.

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(Afrikaans text signed by the State President.)
(Assented to 25 February 1988.)

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

Amendment of section 22 of Act 38 of 1927.

1. Section 22 of the Black Administration Act, 1927, is hereby amended—

(a)

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

“(1) A man and a woman between whom a customary union subsists are competent to contract a marriage with each other if the man is not also a partner in a subsisting customary union with another woman.”;

(b)

by the substitution for subsection (2) of the following subsection:

“(2) Subject to subsection (1), no person who is a partner in a customary union shall be competent to contract a marriage during the subsistence of that union.”;

(c)

by the substitution for subsection (3) of the following subsection:

“(3) No marriage officer shall solemnize the marriage of a Black man unless he has first taken from him a declaration to the effect that he is not a partner in a customary union with any woman other than the one he intends marrying.”;

(d)

by the substitution for subsection (5) of the following subsection:

“(5) A Black man who wilfully makes a false declaration to a marriage officer with regard to the existence or not of a customary union between him and any woman, shall be guilty of an offence and liable on conviction to the penalties which may by law be imposed for perjury.”;

(e)

by the deletion of subsection (6); and

(f)

by the substitution for subsection (7) of the following subsection:

“(7) No marriage contracted after the commencement of this Act but before the commencement of the Marriage and Matrimonial Property Law Amendment