# Immorality and Prohibition of Mixed Marriages Amendment Act, 1985

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The "Immorality and Prohibition of Mixed Marriages Amendment Act, 1985" (Act No. 72 of 1985) is a South African Act of Parliament which repealed section 16 of the Immorality Act, 1957, which prohibited inter-racial sexual intercourse, and repealed the Prohibition of Mixed Marriages Act, 1949, which prohibited inter-racial marriages.
Act
To amend the provisions of the Immorality Act, 1957, and the Criminal Procedure Act, 1977, in so far as they relate to unlawful carnal intercourse between white persons and coloured persons; to repeal the Prohibition of Mixed Marriages Act, 1949; and to provide for matters connected therewith.
{{c|(English text signed by the State President.) (Assented to 12 June 1985.)
Be it enacted by the State President and the Parliament of the Republic of South Africa, as follows:―
1. Section 1 of the Immorality Act, 1957, is hereby amended—
(a)
(b)
2. Section 16 of the Immorality Act, 1957, is hereby repealed.
3. Section 21 of the Immorality Act, 1957, is hereby amended by the deletion of subsection (2).
4. Section 22 of the Immorality Act, 1957, is hereby amended—
(a)
“(a)
(b)
“(c)
(c)
“(e)
5. Section 195 of the Criminal Procedure Act, 1977, is hereby amended by the substitution in subsection (1) for the words following upon paragraph (i) of the following words:
“and shall be competent but not compellable to give evidence for the prosecution in criminal proceedings where the accused is charged with any offence against the separate property of the wife or of the husband of the accused, or with any offence under [section 16 of the said Immorality Act, 1957, or], in the case of the territory, section 1 or 2 of the said Immorality Proclamation, 1934.”.
6. Section 261 of the Criminal Procedure Act, 1977, is hereby amended—
(a)
(b)
(c)
7. (1) The Prohibition of Mixed Marriages Act, 1949, is hereby repealed.
(2) Any of the parties to a marriage which, but for the provisions of the Prohibition of Mixed Marriages Act, 1949, would have been a valid marriage in the Republic, may with the consent of the other party or, if the other party is deceased, without such consent, apply to the Director-General: Home Affairs for a written direction contemplated in subsection (4).
(3) The Director-General: Home Affairs may, for the purposes of the consideration of an application referred to in subsection (2), require the applicant to furnish the said Director-General with such information or documents as he may deem necessary.
(4) If the Director-General: Home Affairs, after consideration of an application referred to in subsection (2) and of information, if any, furnished to him in terms of subsection (3) or contained in any document so furnished, as well as of any other information, if any, already at his disposal, is satisfied that—
(a)
(b)
(c)
he shall direct in writing that the marriage in question shall for all purposes be a valid marriage in the Republic, and the marriage in question shall thereupon be deemed to have been such a valid marriage with effect from the date upon which it was contracted.
8. This Act shall be called the Immorality and Prohibition of Mixed Marriages Amendment Act, 1985.
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