Immorality and Prohibition of Mixed Marriages Amendment Act, 1985
Encyclopedia
The Immorality and Prohibition of Mixed Marriages Amendment Act, 1985 (Act No. 72 of 1985) is an act
of the Parliament of South Africa
that repealed the laws prohibiting marriage and sexual intercourse between white people and people of other races. It was one of the early legislative steps towards the end of apartheid.
The act repealed section 16 of the Immorality Act, 1957, which prohibited extramarital sex between a white person and a non-white person. It also made other consequential amendments related to the repeal of section 16, and removed the higher penalties for brothel-keeping and procuring
when the sex in question was interracial. It also amended certain sections of the Criminal Procedure Act, 1977
that referred to violations of section 16.
It also repealed the Prohibition of Mixed Marriages Act, 1949, which prohibited a white person and a non-white person from contracting a marriage and invalidated any such marriage contracted outside South Africa by a South African citizen or resident. The repeal did not automatically validate such marriages previously invalidated, but allowed the spouses to apply to the Director-General of Home Affairs to have the marriage validated.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of South Africa
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
that repealed the laws prohibiting marriage and sexual intercourse between white people and people of other races. It was one of the early legislative steps towards the end of apartheid.
The act repealed section 16 of the Immorality Act, 1957, which prohibited extramarital sex between a white person and a non-white person. It also made other consequential amendments related to the repeal of section 16, and removed the higher penalties for brothel-keeping and procuring
Procuring (prostitution)
Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex...
when the sex in question was interracial. It also amended certain sections of the Criminal Procedure Act, 1977
Criminal Procedure Act, 1977
The Criminal Procedure Act, 1977 is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system...
that referred to violations of section 16.
It also repealed the Prohibition of Mixed Marriages Act, 1949, which prohibited a white person and a non-white person from contracting a marriage and invalidated any such marriage contracted outside South Africa by a South African citizen or resident. The repeal did not automatically validate such marriages previously invalidated, but allowed the spouses to apply to the Director-General of Home Affairs to have the marriage validated.