Marriage act 25 of 1961 south africa pdf map

A religious marriage is not recognised as a legal marriage under south african law, but the spouses in a religious marriage are protected by law in certain instances. The hindu marriage act punjab and haryana high court. Marriage act 1961 sect 94 bigamy 1 a person who is married shall not go through a form or ceremony of marriage with any person. Pdf south africa has a mixed legal system comprising of transplanted european laws the core being romandutch. Rcm now also prohibits a spouse who is a party to a valid customary marriage from entering into a civil marriage in terms of the marriage act 25 of 1961. The legal consequences of a marriage contemplated in the marriage act apply, with such changes as may be required by the context, to a civil union. While the rest of the african continent is fiercely homophobic in june 2015 homosexuality was illegal in 34 out of 55 african states, south africa is a world leader in gay rights. Constitution of the republic of south africa, 1996 electoral. Be it enacted by the parliament of the republic of south africa, as follows. They contend that the exclusion comes from the common law definition which states that marriage in south africa is a union of one man with one. An interesting judgment of the sca is rudzani netshituka v joyce munyadizwa netshituka and others, case 42610. Couples have the choice of either a marriage in terms of the marriage act no. You must register your customary marriage within three months of the date of. These are the marriage act act 25 of 1961, the customary marriages act act 120 of 1998, which provides for the civil registration of marriages solemnised according to the.

As a general rule, both prospective spouses must have reached the age of majority 18 years in order to marry in terms of this act, but the act does make provision for minors to be permitted to marry under certain circumstances. Rental housing act prevention of illegal eviction from and u. Only marriage officers authorised in terms of act no. The civil union act permits samesex and oppositesex couples to enter into a civil union.

This is a compilation of the marriage act 1961 as in force on 1 july 2014. The prohibition of mixed marriages act in south africa. Registration of customary marriages still creates confusion. Lrdc 11 report on uniform consequences of common law marriages repeal of. Amended by marriages, births and deaths amendment act 41 of 1986. Welcome to the official south african government online site. Despite the act being in operation for over 11 years, confusion still exists regarding registration of a customary marriage, as evidenced by the number of queries. To amend the marriage act, 1961 so as to insert certain definitions. Customary marriages became legally recognised and protected in south africa when the recognition of customary marriages act 120 of 1998 the act came into force in november 2000. Presently civil marriages are solemnised at offices of the department of home affairs and at churches with authorised marriage officers. Marriage act, 1961 wikisource, the free online library. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. South africa the countermemorial of south africa has been filed. Robinson ja, human s, boshoff a, smith bs, carnelley m, introduction to south african family law, 4th ed.

Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. South africa, in 2006, was the first african country and the fifth country in the world to recognise same sex marriage. A customary marriage is legally defined as a marriage in accordance with customary law, that is, the customs and usages traditionally observed among the indigenous african peoples of south africa and which form part of the culture of those peoples. The act banned marriages between europeans and noneuropeans, which, in the language of the time, meant that white people could not marry people of other races. Where the civil marriage was concluded before 15 november 2000 while there. Republic of south africa civil union bill as presented by the portfolio committee on home affairs national assembly the english text is the off. It includes any commenced amendment affecting the legislation to that date. Marriage law south africa quicklaw guide legalwise.

If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Marriage act 25 of 1961 sa sa gg 6670 came into force in south west africa on 1 february 1972 when the amendments made by act 51 of 1970, including the insertion of section 39a, were brought into force by rsa proc. Three laws currently provide for the status of marriage in south africa. The number of men required for military training in. What are the general requirements for a valid marriage. The marriage act 25 of 1961, the divorce act 70 of 1979. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. In singh v ramparsad and others 2007 3 sa 445 d the court was asked to find that a hindu marriage falls within the ambit of the marriage act 25 of 1961 or, alternatively, within the ambit of the divorce act 70 of 1979. Only monogamous, heterosexual civil marriages may be solemnised in terms of this act.

Certain persons may in certain circumstances be deemed to have been marriage officers. On 5 october 1960, the white citizens of the union of south africa voted in a referendum to end the countrys status as a british dominion and for it to be a republic instead. With over 58 million people, it is the worlds 24thmost populous nation and covers an area of 1,221,037 kilometres 758,717 mi. Table marriage act 19611973 table of provisions part ipreliminary section 1. The civil union act, the common law, the marriage act 25 of 1961, and the recognition of customary marriages act 120 of 1998 govern marriages under south african law. Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto.

However inconsistencies and loopholes exist through the marriage act 25 of 1961, recognition of customary marriage act 120 of 1998, the civil union act 17 of 2006 and the criminal law amendment act sexual offences and related matters amendment act 37 of 2007 which allows marriage before the age of 18 years under different circumstances. Protection of womens marital property rights upon the. Go back to country map overview individuals from the united states may face hurdles if. The marriage act only provides for monogamous oppositesex marriages. South africa became the fifth country, and the first in africa, to legalize samesex marriage. Pdf african customary marriages in south africa and the.

Both persons to the marriage must give consent to get. The new constitution which put that decision into effect replaced. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. South africa, officially the republic of south africa rsa, is the southernmost country in africa.

With acts you are guaranteed the latest and most up to date resource for your legislative needs. The definition of a customary marriage is one that is negotiated, celebrated or concluded according to any of the systems of indigenous african customary law which exist in south africa. This reasoning has been put forward in support of the premise that the law need not afford the same protection to cohabitees as is provided to their married counterparts. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Minister of home affairs and another v fourie and another cct 60. While south africas legislation on human rights is progressive, there are. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. A civil marriage is a marriage contracted between two parties under the marriage act. Civil marriages are generally solemnised at the offices of the dha and at chapels or religious buildings. From the above definitions it is also clear that customary marriages concluded in terms of hindu and muslim rites are not affected by the act, and remain invalid unless they were solemnised in terms of the marriage act, 25 of 1961 or the civil unions act, 17 of 2006.

From the above it is clear that the date of conclusion of the civil marriage will be the deciding factor to ascertain whether such marriage is. This act shall be called the prohibition of mixed marriages act, 1949. Welcome to the official south african government online. Minister mthembu to meet with stats council amid funding concerns. This provision has merely confirmed the repealed section 221 of the black administration act. After a solemnisation ceremony, the marriage officer issues the couple with an unabridged. As nhlapo argued, black south african women have historically been positioned outside the of 1929.