The details provided for each person typically include name, record date, record place, collection, and source. Professor of law, northwest university potchefstroom campus south africa. 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. Civil marriages are administered through the marriages act, 1961 act no. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. A civil marriage is a marriage contracted between two parties under the marriage act. The recognition of customary marriages act, 1998 act no. Feb 03, 20 the recognition of customary marriages act, 1998 act no.
The information contained on this website is aimed at providing members of the public with guidance on the law in south africa. 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. In ismail v ismail,9 the appellate division held that it was quite clear from the context of the act as a whole that it means a marriage under the. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Such marriages entered into after the commencement of the act are automatically governed by a community property regime, rather than. The conflict between customary law and common law is a theme that permeates the history of. The apostolic faith mission of south africa private act. Case cct 6004 minister of home affairs first applicant.
An evaluation of nigeria south africa bilateral relations joseph c. Mar 08, 2016 a civil marriage is a marriage contracted between two parties under the marriage act. About south africa, marriage index, 18072007 this index includes records from the following south african marriage collections. Marriage act, 1961 act 25 of 1961 south african government. The paper will use this definition as amended throughout. To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. The dam is the main source of water for the municipality of mossel bay as well as the gastoliquids. This act puts black civil marriages on the same footing as those of the rest of the population of south africa. Wolwedans dam is a concrete dam in south africa located on the great brak river near mossel bay, western cape, south africa. This provision has merely confirmed the repealed section 221 of the black administration act. The introduction in 2010 of regional courts with family jurisdiction is acknowledged. South africa passport s regional guides of africa joyce, peter on.
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 applicant sought a declaratory order that she was the legitimate wife of a certain person the deceased, and an order directing the seventh respondent to issue a marriage certificate in that regard. Page 1 of 20 1 october 1992 to date this is the current version and applies as from 1 october 1992 to date, i. Customary marriages are recognised as valid marriages in terms of the recognition of customary marriages act 120 of 1998 the act. The dam is the main source of water for the municipality of mossel bay as well as the gastoliquids refinery petrosa. Minister for minister wherever it appears in the act. African customary marriages in south africa and the intricacies of a mixed legal system. To amend the marriage act, 1961, so as to assign the administration of the provisions thereof in. The marriage act 25 of 1961, the divorce act 70 of 1979. The apostolic faith mission of south africa private act 24. Unlike in census and survey data, registered marriages and divorces data are based on continuous recording of these events as they take place. Religious divorces 25 a simple legal dictionary 26.
This information has not been provided to meet the individual requirements of a specific person and legalwise insists that legal advice be obtained to. South africa have focused on gender roles and relations in order to address the major gender challenges facing south africa today, notably the high levels of violence and the rapid spread of 1 morrell r 1998 of boys and men. Womens property and use rights in personal laws gender and. Go to bidorbuy and discover online shopping at its best. The constitution is the supreme law of south africa and any law or conduct. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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. However, not all types of marriages and divorces are registered. 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.
Marriage amendment act, 1970 wikisource, the free online library. Create a book download as pdf download as epub download as mobi choose format printable version. Statistics south africa p0307 marriages and divorces, 2014. Welcome to the official south african government online site. In deciding on the validity of any marriage solemnized after the commencement of the marriage act, 1961, which has not before the commencement of this section been declared invalid by a competent court, section twelve of the said act shall be construed as if subsection 1. It does not deal with the dissolution of marriages, which is governed by the divorce act, 1979, or with matrimonial property regimes and the financial consequences of marriage, which are governed by the matrimonial property act, 1984.
Act to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. Marriage and matrimonial property law amendment act no. The marriage act only provides for monogamous oppositesex marriages. Minister mthembu to meet with stats council amid funding concerns. Civil marriages are administered through the marriage act, 1961 act no. Understanding the financial implications of your marriage.
Wikiproject south africa rated startclass, midimportance this article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on. Marriage law south africa quicklaw guide legalwise. This paper is appearing in the journal of comparative law jcl, issn 14770814 and is published in the ejcl with the permission of the jcl editorial board. Marriage act, 1961 wikisource, the free online library. This article is within the scope of wikiproject south africa, a collaborative effort to improve the coverage of south africa on wikipedia. He worked in south africa and iater acquired south african citizenship. Be it enacted by the queens most excellent majesty, the senate and the house of assembly of the union of south africa, as follows. Ebegbulem department of political science university of calabar calabar nigeria abstract during the apartheid era, nigeria amongst other independent african states fought for the liberation of their black brothers and sisters in south africa. Constitutional court of south africa case cct 6004 minister of home affairs first applicant directorgeneral of home affairs second applicant versus. Browse the articles in south africa and get their gps coordinates, latitude and longitude. Welcome to the official south african government online. A collection page of now thats what i call music series from all around the world.
Calendars online and print friendly for any year and month. Act 25 of 1961 hereinafter the marriage act between two heterosexual persons was the only form of marriage recognised by south african law. After 15 november 2000, certain requirements were set out in the act that must be complied with. Masculinity and gender in southern african studies, journal of southern african studies, 24, 4, 605630. 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.
Full text of the south africa act, 1909 see other formats stop early journal content on jstor, free to anyone in the world this article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in the world by jstor. Marriage act, 25 of 1961 provided that such marriages comply with the formality requisites set out in the act. 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 was published on 2 december 1998, but was only brought into force by presidential proclamation on 15 november 2000. The marriage must be negotiated, entered into or celebrated in accordance with. Later her obtained employment in maseru, lesotho but resided with his wife and children in ladybrand, south africa. Understanding the financial implications of your marriage old mutual every step of the way.
Interracial marriages in south africa article in journal of comparative family studies 353. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Persons marriage customary marriage proof of declaratory relief. Pdf african customary marriages in south africa and the. All persons getting married in south africa are subject to the legislation of the marriage act, 1961 act. Section 32 of the recognition of customary marriages act 120 of 1998 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. Statistics south africa p0307 marriages and divorces, 2011 2. In south africa, marriage in governed by different laws.
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