Marriage Amendment Act, 1973

by enacted by the Parliament of South Africa

Act

To amend the provisions of the Marriage Act, 1961, relating to marriage formulae; to provide that the provisions of certain laws shall, with retrospective effect, cease to apply in respect of Bantu; to repeal Proclamation No. R.298 of 1972; and to provide for incidental matters.

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(English text signed by the State President.)
(Assented to 21st March, 1973.)

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

Amendment of section 30 of Act 25 of 1961, as substituted by section 10 of Act 51 of 1970 and amended by section 2 of Act 26 of 1972.

1. Section 30 of the Marriage Act, 1961, is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) In solemnizing any marriage any marriage officer designated under section 3 may follow the marriage formula usually observed by his religious denomination or organization if such marriage formula has been approved by the Minister, but if such marriage formula has not been approved by the Minister, or in the case of any other marriage officer, the marriage officer concerned shall put the following questions to each of the parties separately, each of whom shall reply thereto in the affirmative:

‘Do you, A.B., declare that as far as you know there is no lawful impediment to your proposed marriage with C.D. here present, and that you call all here present to witness that you take C.D. as your lawful wife (or husband)?’,

and thereupon the parties shall give each other the right hand and the marriage officer concerned shall declare the marriage solemnized in the following words:

‘I declare that A.B. and C.D. here present have been lawfully married.’.”.

Repeal of laws.

2. (1) The provisions of the laws specified in the Schedule shall be deemed to have ceased to apply in respect of Bantu as from 1st November, 1972.

(2) Proclamation No. R.298 of 1972 is hereby repealed.

Short title.

3. This Act shall be called the Marriage Amendment Act, 1973.

Schedule

Province	No. and year of law	Title or subject matter
Natal	Law No. 46 of 1887	“To regulate the Marriage of Bantu by Christian Rites”.
	Act No. 44 of 1903	“To amend the Law relating to Marriages of Bantu by Christian Rites”.
Transvaal	Law No. 3 of 1897	“Regelende de Huwelijken van Kleurlingen binnen de Zuid-Afrikaansche Republiek”.
	Proclamation No. 6 of 1900	Bantu Marriages by Christian Rites.