South Africa
Marriage Act, 1961
Act 25 of 1961
- Published in Government Gazette 6670 on 21 April 1961
- Assented to on 19 April 1961
- Commenced on 1 January 1962 by Marriage Act, 1961: Commencement
- [This is the version of this document as it was from 28 February 1964 to 26 March 1968.]
- [Amended by Marriage Amendment Act, 1964 (Act 11 of 1964) on 28 February 1964]
1. Definitions
In this Act, unless the context otherwise indicates—"magistrate" includes an additional and an assistant magistrate; (ii)"marriage officer" means any person who is a marriage officer by virtue of the provisions of this Act; (i)"Minister" means the Minister of the Interior; (iii)"native commissioner" includes an additional and an assistant native commissioner; (iv)"prescribed" means prescribed by this Act or by regulation made under this Act; (v)"prior law" means any law repealed by this Act. (vi)2. Ex officio marriage officers, and designation of persons in service of State as marriage officers
3. Designation of ministers of religion and other persons attached to churches as marriage officers
4. How designation as marriage officer to be made
Every designation of a person as a marriage officer shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.5. Marriage officers under laws repeated by this Act
6. Certain persons may in certain circumstances be deemed to have been marriage officers
7. Effect of designation of certain ministers of religion as marriage officers
Any minister of religion who before or after the commencement of this Act was or is designated as a marriage officer while a minister of the "Nederduitse Gereformeerde Kerk in Suid-Afrika, Kaap", or of the "Nederduitse Gereformeerde Kerk van Natal", or of the "Nederduitse Gereformeerde Kerk in die Oranje-Vrystaat", or of the former "Nederduitse Hervormde of Gereformeerde Kerk van Suid-Afrika, Transvaal", or of the "Nederduitse Gereformeerde Kerk van Transvaal", shall as from the date of such designation but subject to the provisions of this Act be deemed to have been or to be a marriage officer while he remained or remains a minister of any of the said churches.8. Change of name of religious denomination or organization and amalgamation of religious denominations or organizations
9. Revocation of designation as, or authority of, marriage officer and limitation of authority of marriage officer
10. Solemnization of marriages in country outside the Union
11. Unauthorized solemnization of marriage ceremonies forbidden
12. Publication of banns or notice of intention to marry or issue of special marriage licence before marriage
No marriage officer shall solemnize any marriage unless in respect thereof and in terms of the provisions of this Act or any prior law—13. Application for publication and acceptance of banns
14. How publication of banns of marriage to be made
15. Certificate of publication of banns
16. Banns published outside the Union
17. Notice of intention to marry
18. Certificate of publication of notice of intention to marry
19. Special marriage licence
20. By which marriage officer marriage may be solemnized
If in terms of this Act or a prior law banns of marriage or notice of intention to marry has been published or a special marriage licence has been issued, any marriage officer having the necessary authority may solemnize the marriage in question provided, if he did not make every such publication or issue such licence, he is satisfied that the necessary publication of banns or notice of intention to marry was made or, as the case may be, there is produced to him such licence.21. Period of validity of banns, notice of intention to marry and special marriage licence
22. Irregularities in publication of banns or notice of intention to marry or in the issue of special marriage licence
If in the case of any marriage solemnized before or after the commencement of this Act the provisions of this Act or, as the case may be, any prior law relating to the publication of banns or notice of intention to marry or to the issue of special marriage licences, or the applicable provisions of any law of a country outside the Union relating to the publication of banns, have not been strictly complied with owing to—23. Objections to marriage
24. Marriage of minors
25. When consent of parents or guardian of minor cannot be obtained
26. Prohibition of marriage of persons under certain ages
27. Proof of age of parties to proposed marriage
If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer reasonably suspects that either of them is of an age which debars him or her from contracting a valid marriage without the consent or permission of some other person, he may refuse to solemnize a marriage between them unless he is furnished with such consent or permission in writing or with satisfactory proof showing that the party in question is entitled to contract a marriage without such consent or permission.28. Marriage between person and relatives of his or her deceased or divorced spouse
Any legal provision to the contrary notwithstanding it shall be lawful for—29. Time and place for and presence of parties and witnesses at solemnization of marriage
30. Marriage formula
In solemnizing any marriage the marriage officer, if he is a minister of religion or a person holding a responsible position in a religious denomination or organization, may follow the rites usually observed by his religious denomination or organization, but if he is any other marriage officer he 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 said marriage officer shall declare the marriage solemnized in the following words:"I declare that A.B. and C.D. here present have been lawfully married."31. Certain marriage officers may refuse to solemnize certain marriages
Nothing in this Act contained shall be construed so as to compel a marriage officer who is a minister of religion or a person holding a responsible position in a religious denomination or organization to solemnize a marriage which would not conform to the rites, formularies, tenets, doctrines or discipline of his religious denomination or organization.32. Fees payable to marriage officers
33. Blessing of a marriage
After a marriage has been solemnized by a marriage officer, a minister of religion or a person holding a responsible position in a religious denomination or organization may bless such marriage according to the rites of his religious denomination or organization.34. Religions rules and regulations
Nothing in this Act contained shall prevent—35. Penalties for solemnizing marriage contrary to the provisions of this Act
Any marriage officer who knowingly solemnizes a marriage in contravention of the provisions of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or, in default of payment, to imprisonment for a period not exceeding six months.36. Penalties for false representations or statements
Any person who makes for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.37. Offences committed outside the Union
If any person contravenes any provision of this Act in any country outside the Union the Minister of Justice shall determine which court in the Union shall try such person for the offence committed thereby, and such court shall thereupon be competent so to try such person and for all purposes incidental to or consequential on the trial of such person, the offence shall be deemed to have been committed within the area of jurisdiction of such court.38. Regulations
39. Repeal of laws and savings
40. Short title and commencement
This Act shall be called the Marriage Act, 1961, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.History of this document
01 October 1992 amendment not yet applied
Amended by
Births and Deaths Registration Act, 1992
28 June 1991 amendment not yet applied
Amended by
Population Registration Act Repeal Act, 1991
13 July 1990 amendment not yet applied
01 February 1987 amendment not yet applied
Amended by
Child Care Act, 1983
23 April 1986 amendment not yet applied
01 November 1984 amendment not yet applied
Amended by
Matrimonial Property Act, 1984
08 January 1982 amendment not yet applied
Amended by
Marriage Amendment Act, 1981
04 April 1973 amendment not yet applied
Amended by
Marriage Amendment Act, 1973
12 April 1972 amendment not yet applied
Amended by
Marriage Amendment Act, 1972
01 February 1972 amendment not yet applied
Amended by
Marriage Amendment Act, 1970
27 March 1968 amendment not yet applied
Amended by
Marriage Amendment Act, 1968
28 February 1964 this version
Amended by
Marriage Amendment Act, 1964
01 January 1962
Commenced by
Marriage Act, 1961: Commencement
21 April 1961
19 April 1961
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Marriage Act Regulations, 1986 | Government Notice R2207 of 1986 |
Marriage Act: Regulations: Amendment | Government Notice R1577 of 1993 |
Marriage Act: Regulations: Amendment | Government Notice R462 of 1996 |
Marriage Act: Regulations: Amendment | Government Notice R488 of 1998 |
Marriage Act: Regulations: Amendment | Government Notice R249 of 2000 |
Marriage Act: Regulations: Amendment | Government Notice R477 of 2003 |
Marriage Act: Regulations: Amendment | Government Notice R431 of 2004 |
Marriage Act: Regulations: Amendment | Government Notice R320 of 2005 |
Marriage Act: Regulations: Amendment | Government Notice R2 of 2009 |
Marriage Act: Regulations: Amendment | Government Notice R344 of 2009 |
Documents citing this one 107
Gazette 59
- Gauteng Provincial Gazette dated 2015-02-27 number 51
- Gauteng Provincial Gazette dated 2018-06-27 number 175
- South Africa Government Gazette Regulation Gazette dated 1961-12-29 number 145
- South Africa Government Gazette Regulation Gazette dated 1972-01-28 number 3371
- South Africa Government Gazette Regulation Gazette dated 1972-07-21 number 3619
- South Africa Government Gazette Regulation Gazette dated 1972-11-24 number 3713
- South Africa Government Gazette Regulation Gazette dated 1974-01-04 number 4136
- South Africa Government Gazette Regulation Gazette dated 1982-01-08 number 7983
- South Africa Government Gazette Regulation Gazette dated 1993-08-27 number 15084
- South Africa Government Gazette Regulation Gazette dated 1996-03-15 number 17049
- South Africa Government Gazette Regulation Gazette dated 1997-12-24 number 18562
- South Africa Government Gazette Regulation Gazette dated 2000-03-14 number 20988
- South Africa Government Gazette Regulation Gazette dated 2001-02-26 number 22088
- South Africa Government Gazette Regulation Gazette dated 2002-03-28 number 23291
- South Africa Government Gazette Regulation Gazette dated 2003-03-31 number 24680
- South Africa Government Gazette Regulation Gazette dated 2004-03-31 number 26210
- South Africa Government Gazette Regulation Gazette dated 2005-04-01 number 27450
- South Africa Government Gazette Regulation Gazette dated 2005-09-16 number 28012
- South Africa Government Gazette Regulation Gazette dated 2008-08-22 number 31356
- South Africa Government Gazette Regulation Gazette dated 2009-01-02 number 31750
- South Africa Government Gazette Regulation Gazette dated 2009-03-27 number 32044
- South Africa Government Gazette Regulation Gazette dated 2014-02-19 number 37355
- South Africa Government Gazette Regulation Gazette dated 2017-07-26 number 41005
- South Africa Government Gazette Regulation Gazette dated 2019-03-29 number 42338
- South Africa Government Gazette Regulation Gazette dated 2022-05-31 number 46459
- South Africa Government Gazette dated 1961-05-05 number 6676
- South Africa Government Gazette dated 1964-05-22 number 801
- South Africa Government Gazette dated 1972-04-12 number 3464
- South Africa Government Gazette dated 1984-10-26 number 9476
- South Africa Government Gazette dated 1994-03-25 number 15578
- South Africa Government Gazette dated 1996-02-02 number 16943
- South Africa Government Gazette dated 1997-08-08 number 18166
- South Africa Government Gazette dated 1997-09-12 number 18263
- South Africa Government Gazette dated 1997-11-12 number 18419
- South Africa Government Gazette dated 1998-02-06 number 18646
- South Africa Government Gazette dated 1998-12-02 number 19539
- South Africa Government Gazette dated 1999-11-19 number 20619
- South Africa Government Gazette dated 2006-09-21 number 29237
- South Africa Government Gazette dated 2006-11-30 number 29441
- South Africa Government Gazette dated 2008-11-26 number 31643
- South Africa Government Gazette dated 2009-04-21 number 32147
- South Africa Government Gazette dated 2010-12-07 number 33851
- South Africa Government Gazette dated 2011-01-21 number 33946
- South Africa Government Gazette dated 2011-08-26 number 34561
- South Africa Government Gazette dated 2011-10-19 number 34692
- South Africa Government Gazette dated 2013-02-08 number 36138
- South Africa Government Gazette dated 2014-05-09 number 37612 part 1
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2017-07-28 number 41009 part 1
- South Africa Government Gazette dated 2017-12-18 number 41343
- South Africa Government Gazette dated 2018-03-01 number 41475
- South Africa Government Gazette dated 2019-05-23 number 42482
- South Africa Government Gazette dated 2020-03-27 number 43145 part 1
- South Africa Government Gazette dated 2020-04-03 number 43192 part 1
- South Africa Government Gazette dated 2021-05-04 number 44529
- South Africa Government Gazette dated 2021-05-11 number 44557
- South Africa Government Gazette dated 2021-06-18 number 44724 part 1
- South Africa Government Gazette dated 2021-07-02 number 44799 part 1
- South Africa Government Gazette dated 2021-10-08 number 45275 part 1
Judgment 39
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- Amod v Multilateral Motor Vehicle Accidents Fund [1998] ZACC 11 (27 August 1998)
- B R v R S (2023 - 014603) [2023] ZAGPJHC 1072 (18 September 2023)
- Bailey and Another v Bailey (1324/2019) [2020] ZASCA 178 (18 December 2020)
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- Daniels v Campbell and Others [2004] ZACC 14 (11 March 2004)
- Estate Ndlovu and Another v Monama and Others (36307/18) [2021] ZAGPJHC 434 (14 December 2021)
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- Gama-Mpantsha and Others v Mpantsha (CA 16 of 2011) [2011] ZAECMHC 15 (18 August 2011)
- Gaum and Others v Van Rensburg NO and Others (40819/17) [2019] ZAGPPHC 469 (8 March 2019)
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- Mayelane v Ngwenyama and Another [2013] ZACC 14 (30 May 2013)
- Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs [2005] ZACC 20 (1 December 2005)
- Mokwena v Mokwena and Others (023479/2022) [2023] ZAGPJHC 897 (31 July 2023)
- Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae) [2018] ZACC 19 (29 June 2018)
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- Nandutu and Others v Minister of Home Affairs and Others [2019] ZACC 24 (28 June 2019)
- Ngwenyama v Mayelane and Another (474/2011) [2012] ZASCA 94 (1 June 2012)
- O S v S S (D 7960/2019) [2022] ZAKZDHC 48 (18 February 2022)
- Paixao and Another v Road ACCident Fund (640/2011) [2012] ZASCA 130 (26 September 2012)
- Phele and Another v Sibanyoni and Others (28059/21) [2022] ZAGPPHC 806 (19 July 2022)
- President of the RSA and Another v Women’s Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/2019) [2020] ZASCA 177 (18 December 2020)
- Queen Sibongile Winnifred Zulu v Queen Buhle Mathe and Others (1062/2022) [2024] ZASCA 22 (8 March 2024)
- Ramathoka v Mohononi and Others (22258/2015) [2022] ZAGPPHC 568 (4 October 2022)
- Rayment and Others v Minister of Home Affairs and Others ; Anderson and Others v Minister of Home Affairs and Others (CCT 176/22) [2023] ZACC 40 (4 December 2023)
- S M v K N and Another (D2271/2019) [2023] ZAKZPHC 42 (14 April 2023)
- S v Jezile and Others (A 127/2014) [2015] ZAWCHC 202 (23 March 2015)
- Shongwe N.O. and Another v Meyiwa and Others MEYIWA (58823/2021) [2023] ZAGPPHC 778 (17 July 2023)
- T v T (67085/14) [2018] ZAGPPHC 292 (9 March 2018)
- Volks NO v Robinson and Others [2005] ZACC 2 (21 February 2005)
- Women's Legal Trust v President of the Republic of South Africa and Others [2009] ZACC 20 (22 July 2009)
- Women’s Legal Centre Trust v President of the Republic of South Africa and Others [2022] ZACC 23 (28 June 2022)
- Xiuguo and Another v The Director-General of the Department of Home Affairs and Another (60392/16) [2018] ZAGPPHC 277 (5 July 2018)
- Zulu v Mathe and Others; Zulu and Another v Mathe and Others; Zulu v Zulu and Others (P 10879/2021; P 2751/2021; P 2752/2021) [2022] ZAKZPHC 17 (2 March 2022)