essay about prohibition of mixed marriages act

The Prohibition of Mixed Marriages Act

How the Apartheid Law Affected South Africa

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The Prohibition of Mixed Marriages Act (no. 55 of 1949) was one of the first pieces of apartheid legislation enacted after the National Party came to power in South Africa in 1948. The Act banned marriages between “Europeans and non-Europeans,” which, in the language of the time, meant that White people could not marry people of other races. It also made it a criminal offense for a marriage officer to perform an interracial marriage ceremony.

Justification and Aims of the Laws

The Prohibition of Mixed Marriages Act did not, however, prevent other so-called mixed marriages between non-White people. Unlike some other key pieces of apartheid legislation, this act was designed to protect the “purity” of the White race rather than the separation of all races .

Mixed marriages were rare in South Africa before 1949, averaging fewer than 100 per year between 1943 and 1946, but the National Party explicitly legislated to keep non-Whites from "infiltrating" the dominant White group by intermarriage. Both the Prohibition of Mixed Marriages Act and the Immorality Act of 1957 were based on then-active United States segregation laws. It was not until 1967 that the first U.S. Supreme Court case rejecting miscegenation laws ( Loving v. Virginia ) was decided.

Apartheid Marriage Law Opposition

While most White South Africans agreed that mixed marriages were undesirable during apartheid , there was opposition to making such marriages illegal. In fact, a similar act had been defeated in the 1930s when the United Party was in power.

It was not that the United Party supported interracial marriages. Most were vehemently opposed to any interracial relations. Led by Prime Minister Jan Christiaan Smuts (1919–1924 and 1939–1948), the United Party thought that the strength of public opinion against such marriages was sufficient for preventing them. They also said there was no need to legislate interracial marriages since so few happened anyway, and as South African sociologist and historian Johnathan Hyslop has reported, some even stated that making such a law insulted White women by suggesting they would marry Black men.

Religious Opposition to the Act

The strongest opposition to the act, however, came from the churches. Marriage, many clerics argued, was a matter for God and churches, not the state. One of the key concerns was that the Act declared that any mixed marriages “solemnized” after the Act was passed would be nullified. But how could that work in churches that did not accept divorce? A couple could be divorced in the eyes of the state and married in the eyes of the church.

These arguments were not enough to stop the bill from passing, but a clause was added declaring that if a marriage was entered into in good faith but later determined to be “mixed” then any children born to that marriage would be considered legitimate even though the marriage itself would be annulled.

Why Didn’t the Act Prohibit All Interracial Marriages?

The primary fear driving the Prohibition of Mixed Marriages Act was that poor, working-class White women were marrying people of color. In actual fact, very few were. In the years before the act, only roughly 0.2–0.3% of marriages by Europeans were to people of color, and that number was declining. In 1925 it had been 0.8%, but by 1930 it was 0.4%, and by 1946 it was 0.2%.

The Prohibition of Mixed Marriages Act was designed to "protect" White political and social dominance by preventing a handful of people from blurring the line between White society and everyone else in South Africa. It also showed that the National Party was going to fulfill its promises to protect the White race, unlike its political rival, the United Party, which many thought had been too lax on that issue.

Anything taboo, however, can become attractive, just by virtue of being forbidden. While the Act was rigidly enforced, and the police endeavored to root out all illicit interracial relations, there were always a few people who thought that crossing that line was well worth the risk of detection.

By 1977, opposition to these laws was growing in the still White-led South African government, dividing members of the liberal party during the government of Prime Minister John Vorster (Prime Minister from 1966–1978, president from 1978–1979). A total of 260 people were convicted under the law in 1976 alone. Cabinet members were divided; liberal members backed laws offering power-sharing arrangements to non-Whites while others, including Vorster himself, decidedly did not.  Apartheid was in its painfully slow decline.

The Prohibition of Mixed Marriages Act, along with the related Immorality Acts which prohibited extra-marital interracial sexual relations, was repealed on June 19, 1985. The set of apartheid laws were not abolished in South Africa until the early 1990s; a democratically elected government was finally established in 1994. 

• " Curbs on Interracial Sex and Marriage Divide South African Leaders ." The New York Times , July 8, 1977. 
• Dugard, John. "Human Rights and the South African Legal Order." Princeton: Princeton University Press, 1978.
• Furlong, Patrick Joseph. " The Mixed Marriages Act: a historical and theological study."  Cape Town: University of Cape Town, 1983.
• Higgenbotham, A. Leon Jr., and Barbara K. Kopytof. "Racial purity and interracial sex in the law of colonial and antebellum Virginia." Georgetown Law Review 77(6):1967-2029. (1988–1989). 
• Hyslop, Jonathan, “ White Working-Class Women and the Invention of Apartheid: 'Purified' Afrikaner Nationalist Agitation for Legislation against 'Mixed' Marriages, 1934-9 ” Journal of African History 36.1 (1995) 57–81.
• Jacobson, Cardell K., Acheampong Yaw Amoateng, and Tim B. Heaton. " Inter-Racial Marriages in South Africa. " Journal of Comparative Family Studies 35.3 (2004): 443-58.
• Sofer, Cyril. “Some Aspects of Inter-racial Marriages in South Africa, 1925–46,”  Africa,  19.3 (July 1949): 193.
• Wallace Hoad, Neville, Karen Martin, and Graeme Reid (eds.). "Sex and Politics in South Africa: The Equality Clause / Gay & Lesbian Movement / the Anti-Apartheid Struggle." Juta and Company Ltd, 2005.
• Prohibition of Mixed Marriages Act, 1949 . (1949). Wikisource .
• What Was Apartheid in South Africa?
• The End of South African Apartheid
• South Africa's Apartheid Era Population Registration Act
• Pass Laws During Apartheid
• Apartheid Era Signs - Racial Segregation in South Africa
• A Brief History of South African Apartheid
• South Africa's Extension of University Education Act of 1959
• Group Areas Act No. 41 of 1950
• The Origins of Apartheid in South Africa
• Understanding South Africa's Apartheid Era
• Interracial Marriage Laws History and Timeline
• Grand Apartheid in South Africa
• Quotes From PW Botha, Prime Minister of South Africa
• Pre-Apartheid Era Laws: Natives (or Black) Land Act No. 27 of 1913
• Women's Anti-Pass Law Campaigns in South Africa
• Timeline and History of Marriage Rights

Essay On Mixed Marriages Act

The Mixed Marriages Act, historically implemented in South Africa, was a piece of legislation that reflected the apartheid government’s policy of racial segregation. Enacted in 1949, it prohibited marriages between people of different racial backgrounds. The main intention behind this act was to maintain strict racial boundaries and preserve the racial hierarchy, where the white minority held power over the non-white majority.

The Mixed Marriages Act played a significant role in the oppression and discrimination faced by non-white South Africans during the apartheid era. It perpetuated the idea of racial superiority and inferiority, reinforcing the belief that different races should not intermingle. This led to the marginalization of individuals from different racial backgrounds who dared to love and marry each other, facing immense social and legal consequences.

Moreover, the act not only restricted individuals’ personal choices but also extended its impact to families and communities. Couples who defied the law faced severe consequences, including imprisonment, fines, and social ostracization. Families were torn apart, and children born from mixed marriages were often subject to complex legal classifications, often not fully accepted by either of their parents’ communities .

Over time, the Mixed Marriages Act became a symbol of the injustice and inhumanity of apartheid, drawing international condemnation and contributing to the pressure for its eventual dismantlement. In the late 1980s, as international sanctions against apartheid escalated and domestic resistance intensified, the South African government was forced to reconsider its discriminatory policies.

In 1985, the government began the process of repealing the Mixed Marriages Act, as well as other apartheid-era laws. This culminated in the democratic elections of 1994 when Nelson Mandela was elected as the first black president of South Africa. His election marked the end of apartheid and the beginning of a new era of racial equality and reconciliation.

The abolition of the Mixed Marriages Act was a significant step towards dismantling the systemic racism and segregation that had plagued the country for decades. It paved the way for a more inclusive and tolerant society where people could freely choose their life partners without fear of legal repercussions based on race.

While the Mixed Marriages Act is now a thing of the past, it serves as a powerful reminder of the importance of safeguarding human rights and promoting equality. Its legacy continues to shape discussions about race, identity, and social justice in South Africa and beyond, emphasizing the ongoing need to combat discrimination in all its forms.

In conclusion, the Mixed Marriages Act was a pivotal element of the apartheid regime, enforcing racial segregation and oppressing non-white South Africans. Its repeal represented a significant step towards dismantling apartheid and establishing a more inclusive society. Remembering the history of the act helps us appreciate the progress made towards racial equality and encourages us to continue working towards a more just and equal world for all.

Essay On Mixed Marriages Act (400 Words)

The Prohibition of Mixed Marriages Act was a piece of apartheid legislation in South Africa that prohibited marriages between “whites” and “non-whites”. It was among the first pieces of apartheid legislation to be passed following the National Party’s rise to power in 1948.

The act was motivated by the National Party’s ideology of white supremacy, which held that the races were inherently different and that mixing between the races would lead to the decline of the white race. The act was also seen as a way to protect the purity of the white race and to maintain white political and social dominance.

The Prohibition of Mixed Marriages Act was implemented in 1951. It applied to all mixed marriages between South Africans, so even marriages that took place in another country were not recognized within South Africa. The punishment for people found to be in a mixed marriage involved arrest and a jail sentence. Anyone who knowingly officiated a marriage that violated the act was also subject to punishment: a fine not exceeding 50 pounds.

The Prohibition of Mixed Marriages Act was a deeply unpopular law, and it was widely flouted. Many couples chose to marry outside of South Africa, and others simply lived together without being married. The act also had a significant impact on the lives of mixed-race children, who were often denied the same rights and opportunities as their white counterparts.

The Prohibition of Mixed Marriages Act was repealed in 1985, along with the related Immorality Acts which prohibited extramarital interracial sexual relations. The repeal of these laws was a significant step towards the end of apartheid, and it helped pave the way for a more just and equitable society in South Africa.

The importance of mixed marriages cannot be overstated. They help to break down racial barriers, and they provide opportunities for people of different races to learn about and appreciate each other’s cultures. Mixed marriages also send a powerful message that love is colorblind and that people should be free to marry the person they love, regardless of their race.

The Prohibition of Mixed Marriages Act was a shameful chapter in South Africa’s history, but its repeal is a testament to the country’s progress towards a more just and equitable society. Mixed marriages are now a symbol of hope and progress, and they continue to play an important role in building a more tolerant and inclusive South Africa.

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• Prohibition of Mixed Marriages Act, 1949

The Prohibition of Mixed Marriages Act , Act No. 55 of 1949, was an apartheid -era law in South Africa that prohibited marriages between "whites" and "non-whites". It was among the first pieces of apartheid legislation to be passed following the National Party 's rise to power in 1948. Subsequent legislation, especially the Population Registration and Immorality Acts of 1950, facilitated its implementation by requiring all individuals living in South Africa to register as a member of one of four officially defined racial groups and prohibiting extramarital sexual relationships between those classified as "white" on the one hand and those classified as "non-White" (Blacks, Coloureds, later also Asians) on the other. It did not criminalize sexual relationships between those classified as "non-Europeans".

Implementation

Legislative history, further reading, external links.

Mixed races relationships occurred in South Africa as far back as 1669, and often took place between Dutch colonizers and indigenous South African women. [1]

While mixed marriages did not become completely taboo until the rise of the National Party in 1948, [2] in the years immediately preceding the passing of this Act, mixed marriages accounted for just a small fraction of all marriages in South Africa, and occurred almost evenly between the four defined racial groups ( Black , Coloured , White , and Asiatic ). [3]

It was implemented in 1951. On July 1949,the Prohibition of Mixed Marriages Act, Act No 55 of 1949 that prohibited marriage or a sexual relationship between White people and people of other race groups in South Africa is passed. Enforcement of the act was left to the police, who often followed people to their homes to ensure they were not in violation and raided the homes of those believed to be in a mixed marriage. The act applied to all mixed marriages between South Africans, so even marriages which took place in another country were not recognized within South Africa. [4] The punishment for people found to be in a mixed marriage involved arrest and a jail sentence. Anyone who knowingly officiated a marriage that violated the act was also subject to a punishment: a fine was imposed not exceeding 50 pounds . [4] Anyone who was found to have lied to an officiant was also subject to the legal punishment for perjury. [4]

Some of the social consequences of entering into a mixed-race marriage included being ostracized from or ridiculed by one's family and community. [2] One example is a white South African sex worker named Ethal, who indicated that she felt more accepted by her peers when she was a sex worker than when she married a black African man. [2]

The Prohibition of Mixed Marriages Amendment Act of 1968 updated the original legislation to invalidate interracial marriages involving a South African citizen that were contracted in other countries.

The Prohibition of Mixed Marriages Act was repealed by the Immorality and Prohibition of Mixed Marriages Amendment Act, 1985 , which was passed during the presidency of P. W. Botha . [5]

• Anti-miscegenation laws
• Apartheid legislation in South Africa
• Interracial marriage

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Racial segregation is the separation of people into racial or other ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crime against humanity under the 2002 Rome Declaration of Statute of the International Criminal Court. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, such as schools and hospitals by people of different races. Specifically, it may be applied to activities such as eating in restaurants, drinking from water fountains, using public toilets, attending schools, going to films, riding buses, renting or purchasing homes or renting hotel rooms. In addition, segregation often allows close contact between members of different racial or ethnic groups in hierarchical situations, such as allowing a person of one race to work as a servant for a member of another race.

Immorality Act was the title of two acts of the Parliament of South Africa which prohibited, amongst other things, sexual relations between white people and people of other races. The first Immorality Act, of 1927, prohibited sex between whites and blacks, until amended in 1950 to prohibit sex between whites and all non-whites. The second Immorality Act, of 1957, continued this prohibition and also dealt with many other sex offences. The ban on interracial sex was lifted in 1985, but certain sections of the 1957 act dealing with prostitution remain in force as the "Sexual Offences Act, 1957".

Loving v. Virginia , 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The case involved Mildred Loving, a woman of color, and white man Richard Loving. In 1958, they were sentenced to a year in prison for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". The Lovings appealed their conviction to the Supreme Court of Virginia, which upheld it. They then appealed to the U.S. Supreme Court, which agreed to hear their case.

The National Party , also known as the Nationalist Party , was a political party in South Africa from 1914 to 1997, which was responsible for the implementation of apartheid rule. The party was an Afrikaner ethnic nationalist party, which initially promoted the interests of Afrikaners but later became a stalwart promoter and enactor of white supremacy, for which it is best known. It first became the governing party of the country in 1924. It merged with its rival, the SAP, during the Great Depression, and a splinter faction became the official opposition during World War II and returned to power. With the National Party governing South Africa from 4 June 1948 until 9 May 1994, the country for the bulk of this time was only a de jure or partial democracy, as from 1958 onwards non-white people were barred from voting. In 1990 it began to style itself as simply a South African civic nationalist party, and after the fall of apartheid in 1994, attempted to become a moderate conservative one. The party's reputation was damaged irreparably by perpetrating apartheid, and it rebranded itself in 1997 before eventually dissolving.

The one-drop rule was a legal principle of racial classification that was prominent in the 20th-century United States. It asserted that any person with even one ancestor of black ancestry is considered black. It is an example of hypodescent, the automatic assignment of children of a mixed union between different socioeconomic or ethnic groups to the group with the lower status, regardless of proportion of ancestry in different groups.

The Population Registration Act of 1950 required that each inhabitant of South Africa be classified and registered in accordance with their racial characteristics as part of the system of apartheid.

A ban is a formal or informal prohibition of something. Bans are formed for the prohibition of activities within a certain political territory. Some bans in commerce are referred to as embargoes. Ban is also used as a verb similar in meaning to "to prohibit".

In societies that regard some races or ethnic groups of people as dominant or superior and others as subordinate or inferior, hypodescent refers to the automatic assignment of children of a mixed union to the subordinate group. The opposite practice is hyperdescent, in which children are assigned to the race that is considered dominant or superior.

McLaughlin v. Florida , 379 U.S. 184 (1964), was a case in which the United States Supreme Court ruled unanimously that a cohabitation law of Florida, part of the state's anti-miscegenation laws, was unconstitutional. The law prohibited habitual cohabitation by two unmarried people of opposite sex, if one was black and the other was white. The decision overturned Pace v. Alabama (1883), which had declared such statutes constitutional. It did not overturn the related Florida statute that prohibited interracial marriage between whites and blacks. Such laws were declared unconstitutional in 1967 in Loving v. Virginia .

The system of racial segregation and oppression in South Africa known as apartheid was implemented and enforced by many acts and other laws. This legislation served to institutionalize racial discrimination and the dominance by white people over people of other races. While the bulk of this legislation was enacted after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which it was formalized in law.

Legislation seeking to direct relations between racial or ethnic groups in the United States has had several historical phases, developing from the European colonization of the Americas, the triangular slave trade, and the American Indian Wars. The 1776 Declaration of Independence included the statement that "all men are created equal," which has ultimately inspired actions and legislation against slavery and racial discrimination. Such actions have led to passage of the 13th, 14th, and 15th Amendments to the Constitution of the United States.

Pace v. Alabama , 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional. This ruling was rejected by the Supreme Court in 1964 in McLaughlin v. Florida and in 1967 in Loving v. Virginia . Pace v. Alabama is one of the oldest court cases in America pertaining to interracial sex.

Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races.

In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted such laws; 25 states had repealed their laws by 1967, when the United States Supreme Court ruled in Loving v. Virginia that such laws were unconstitutional in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.

The Immorality Act, 1927 was an act of the Parliament of South Africa that prohibited extramarital sex between white people and people of other races. In its original form it only prohibited sex between a white person and a black person, but in 1950 it was amended to apply to sex between a white person and any non-white person.

The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment.

The Immorality and Prohibition of Mixed Marriages Amendment Act, 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.

2000 Alabama Amendment 2 , also known as the Alabama Interracial Marriage Amendment , was a proposed amendment to the Constitution of Alabama to remove Alabama's ban on interracial marriage. Interracial marriage had already been legalized nationwide 33 years prior in 1967, following Loving v. Virginia , making the vote symbolic. The amendment was approved with 59.5% voting yes, a 19 percentage point margin, though 25 of Alabama's 67 counties voted against it. Alabama was the last state to officially repeal its anti-miscegenation laws.

Jake "Shake" Davis was a 62-year-old African-American man who was lynched in Miller County, Georgia by a white mob on July 14, 1922. According to the United States Senate Committee on the Judiciary it was the 38th of 61 lynchings during 1922 in the United States.

• 1 2 3 JACOBSON, CARDELL K.; AMOATENG, ACHEAMPONG YAW; HEATON, TIM B. (2004). "Inter-racial Marriages in South Africa". Journal of Comparative Family Studies . 35 (3): 443–458. doi : 10.3138/jcfs.35.3.443 . JSTOR   41603948 .
• ↑ Sofer, Cyril (1949). "Some Aspects of Inter-Racial Marriages in South Africa, 1925-46". Africa: Journal of the International African Institute . 19 (3): 187–203. doi : 10.2307/1156969 . JSTOR   1156969 . S2CID   145754077 .
• 1 2 3 kyle (2016-02-22). "Prohibition of Mixed Marriages Act, Act No 55 of 1949" . South African History Online . Retrieved 2018-11-26 .
• ↑ Johnson, Shaun (1989). South Africa: no turning back . Indiana University Press. ISBN   978-0-253-35395-5 .
• Mixed Marriages Act , South End Museum and why mixed marriage act was passed
• The Prohibition of Mixed Marriages Act commences , SA History
• Prohibition of Mixed Marriages Amendment Act, 1968
• Immorality and Prohibition of Mixed Marriages Amendment Act, 1985

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───   15:01 Fri, 08 Jul 2016

On July 1949, the Prohibition of Mixed Marriages Act, Act No 55 of 1949 that prohibited marriage or a sexual relationship between white people and people of other race groups in South Africa is passed.

The law was introduced by the apartheid government and part of its overall policy of separateness.

South Africans were required to register as members of one of four racial groups as set out in the Population Registration Act of 1950. The four groups were white, coloured, Indian and black. Using these categories, the apartheid government proceeded to criminalise marriages between people of different racial groups. Subsequent to the passing of this legislation, a number of people were arrested and charged for breaking its provisions.

The law also nullified interracial marriages of South Africans that occurred outside of the country. It was eventually repealed in 1985 by the Immorality and Prohibition of Mixed Marriages Amendment Act that allowed inter-racial marriages and relationships.    

Source: South African History Online

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MISCEGENATION, MIXED MARRIAGES AND IMMORALITY: SOME HISTORICAL AND CHRISTIAN ETHICAL COMMENTS

• Johann Kinghorn Stellenbosch University

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Today, 67 years ago, the prohibition of mixed marriages act commenced.

On July 1949, the Prohibition of Mixed Marriages Act, Act No 55 of 1949 that prohibited marriage or a sexual relationship between White people and people of other race groups in South Africa is passed. The law was introduced by the apartheid government and part of its overall policy of separateness.

South Africans were required to register as members of one of four racial groups as set out in the Population Registration Act of 1950. The four groups were White, Coloured, Indian and Black. Using these categories, the apartheid government proceeded to criminalise marriages between people of different racial groups. Subsequent to the passing of this legislation, a number of people were arrested and charged for breaking its provisions.

The law also nullified interracial marriages of South Africans that occurred outside of the country. It was eventually repealed in 1985 by the Immorality and Prohibition of Mixed Marriages Amendment Act that allowed inter-racial marriages and relationships.

Source: South African History Online

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Pencil-In – 10 May/Mei

Prohibition of Mixed Marriages Act, 1949/1968-03-27

This is the text of the Prohibition of Mixed Marriages Act, 1949 , as it was at 27 March 1968, that being the date on which the Prohibition of Mixed Marriages Amendment Act, 1968 , was published and came into force.

To prohibit marriages between Europeans and non-Europeans, and to provide for matters incidental thereto.

(English text signed by the Governor-General.) (Assented to 1st July, 1949.)

as amended by

Prohibition of Mixed Marriages Amendment Act, No. 21 of 1968

1. (1) As from the date of commencement of this Act a marriage between a European and a non-European may not be solemnized, and any such marriage solemnized in contravention of the provisions of this section shall be void and of no effect: Provided that—

(2) If any male person who is a South African citizen or is domiciled in the Republic enters into a marriage outside the Republic which cannot be solemnized in the Republic in terms of subsection (1), such marriage shall be void and of no effect in the Republic.

2. Any marriage officer who knowingly performs a marriage ceremony between a European and a non-European shall be guilty of an offence and liable to a fine not exceeding fifty pounds.

3. Any person who is in appearance obviously a European or a non-European, as the case may be, shall for the purposes of this Act be deemed to be such, unless and until the contrary is proved.

4. Any person who makes a false statement to a marriage officer, relating to the question whether any party seeking to have his marriage solemnized by such marriage officer is a European or a non-European, knowing such statement to be false, shall be guilty of an offence and liable to the penalties prescribed by law for the crime of perjury.

5. This Act shall be called the Prohibition of Mixed Marriages Act, 1949.

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Curbs on Interracial Sex and Marriage Divide South African Leaders

JOHANNESBURG, July 7—South Afri can laws that forbid sex, and marriage between whites and blacks have become a source of division within the Government, with senior officials clashing pub:. liclv over calls for their repeal.

Under these laws, which represent one of the most widely condemned aspects of the racial system here, 260 people were convicted last year, many of them going to jail. Reformers have attacked the laws since the present Government, extending provisions that went back decades, placed them on the statutes in 1949‐50. But official criticism of them, at least in public, was previously taboo.

Vorster Defends Sex Statutes

The clash, pitting two senior Cabinet minister who favors repeal against an influential Deputy Minister who insists that the laws be upheld, is part of a wider split over racial policy that has become increasingly embarrassing to the Government of Prime Minister John Vorster. The split dates to last year, when more than 600 blacks diect in riots against the Govelintent.

Mr. Vorster, who has opposed calls by liberal members of his Cabinet for reforms that would offer power‐sharing artangements to nonwhites, has also opposed scrapping of the Immorality Act, barring interracial sex, and the Prohibition of Mixed Marriages Act. The statutes bar relations between whites and blacks, but not between blacks, Asians and those of mixed races.

Last month, before his associates began feuding over the issue in public, the Prime Minister defended the statutes in a television interview with the British Broadcasting Corporation. Citing exeprience in the American South, Mr. Vorster said the laws were necessary to protect black young women against “bad whites.”

“If you have read the book ‘Roots,’ as I have read it, you will see from that book that one of the grievances as far as the black people of America is concerned, to this very day, is the fact that their daughters were seduced by bad whites,” he said, referring to Alex Haley's book about his family's history in America.

The Prime Minister added: “We have always had a law which makes it punish‐• able for a white man to seduce a black girl. I have had many talks with black parents, and I have never come across a single black parent who has ever asked me to eliminate this act.”

A direct challenge to his viewpoint was raised at a meeting of the ruling National Party earlier this week by Agriculture Minister Hendrik Schoeman. In a speech and a subsequent newspaper interview, Mr. Schoeman said that the statutes were not necessary to preserve the identity of the 2.4‐million Afrikaners, the dominant white group nere.

“You South Africans know you do not need the Immorality Act,” said Mr. Schoeman, whose post keeps him in close touch with the farmers who form an important part of the Government's political base. “We must be the only country in the world with such an act.”

Foreign Minister Supports Reformer

In the interview, the Agriculture Minister cited his personal experiences in sup port of his view. He said that as a youth he swam with blacks on his family's farm and “even slept together,” without problems. The same, he said, was true of his farming bitsiness today, in which he employs 3,000 people: “I work with these people. They have no feeling to marry a white woman.”

Immediately after the remarks were published,. a statement was issued in rebuttal by Andries Treurnicht, Deputy Minister of Bantu Administration, whose 1 department governs the affairs of the country's 18.6 million blacks. Mr. Treurnicht, leader of the conservative faction in the Government, noted that the National Party was formally pledged to maintain the two statutes.

While anti — Government newspapers were having a field day with the dispute, Foreign Minister Roelof F. Botha, a leader of the reform faction in the Cabinet, sided with Mr. Schoeman. In a newspaper interview, he said that the Agriculture Minister “has touched on a matter which has caused South Africa, incalculable harm overseas.”

“We all realize,” the Foreign Minister said, “that this is a difficult matter, but in ‘future there will be quite, a number’ of such difficult matters which will painfully honestly have to be faced. I always put the question to myself: What is necessary for our survival and what is not? My personal view is that the act concerned is not necessary.”

The conservatives received support earlier this year from a Government commission that studied the penal code and recommended against abolishing the Immorality Act on the ‘grounds that that move could “unleash an uncontrollable spate of sexual excesses and dissipation which may be totally abhorrent to all races.” The commission, headed by judge, had no nonwhite members. The prohibition on sex between whites

and blacks dates from 1927, two before the present Government took office and widened the law to include sex between whites, on the one hand, and Asians and persons of mixed race on the other. However, mixed marriages were not barred until the National Party took power. Until then, there were rarely more than 100 mixed weddings a year.

10 Questions About Prohibition of Mixed Marriages Act

Below you will find 10 questions about prohibition of mixed marriages act in South Africa including bonus questions.

In the history of South Africa, the Prohibition of Mixed Marriages Act holds a significant place. This act, passed in 1949, was part of a series of apartheid laws implemented by the National Party. The act prohibited marriages between people of different races, aiming to enforce racial segregation and prevent the mixing of races.

We will explore 10 important questions related to the Prohibition of Mixed Marriages Act and its impact on South Africa.

1. What was the Prohibition of Mixed Marriages Act?

The Prohibition of Mixed Marriages Act was a law introduced in South Africa in 1949 that made it illegal for people of different races to marry each other. It was one of the apartheid laws implemented by the National Party to enforce racial segregation and discrimination.

2. Why was the act implemented?

The Prohibition of Mixed Marriages Act was implemented as part of the apartheid regime’s broader agenda of racial segregation. The National Party believed in strict separation of races, and this act was seen as a means to achieve that goal.

3. Which races were affected by the act?

The act specifically targeted marriages between White people and people of other races. It prohibited marriages between Whites and Blacks, Coloreds, and Asians.

4. Did the act impact both men and women equally?

Yes, the act applied to both men and women. It made it illegal for individuals from different racial groups to marry each other, regardless of gender.

5. How was the act enforced?

The act required couples to provide proof of their racial classification before getting married. The government officials responsible for marriage registrations would categorize individuals into racial groups based on their physical appearance, ancestry, and social acceptance.

6. What were the penalties for violating the act

Violating the Prohibition of Mixed Marriages Act was a criminal offense. Individuals found guilty of marrying across racial lines could face imprisonment, fines, or both. Furthermore, the act also included provisions to invalidate mixed-race marriages that predated its implementation.

7. How did the act impact relationships?

The act had a devastating impact on mixed-race relationships in South Africa. Couples who wished to marry had to choose between their love for each other and the law. Many couples were forced to separate or maintain their relationships secretly, away from society’s prying eyes.

8. Did the act face any opposition?

Yes, the Prohibition of Mixed Marriages Act faced significant opposition both within South Africa and internationally. Organizations such as the African National Congress (ANC) and individuals like Nelson Mandela fought against the apartheid laws, including the act. International condemnation and boycotts also put pressure on the apartheid regime.

9. When was the act repealed?

The Prohibition of Mixed Marriages Act was repealed in 1985, amid the growing resistance against apartheid. The repeal was a significant milestone in the fight against racial discrimination and a step towards equality.

10. What was the impact of the act’s repeal?

The repeal of the Prohibition of Mixed Marriages Act marked an important moment in South Africa’s history. It symbolized the dismantling of apartheid and the progress towards a more inclusive and equal society. It laid the groundwork for the eventual end of apartheid and the birth of a democratic South Africa.

Bonus Questions

11. Are there still remnants of the act present today?

While the Prohibition of Mixed Marriages Act has been repealed, its impact continues to linger in South African society. The deep-rooted effects of racial discrimination and segregation take time to overcome fully. Healing and reconciliation efforts are ongoing to address the lingering effects of the act and apartheid.

12. What lessons can we learn from the act?

The Prohibition of Mixed Marriages Act serves as a stark reminder of the consequences of racial discrimination and the importance of equality. By studying and understanding the act, we can learn about the resilience and determination of those who fought against apartheid and work towards creating a more just and inclusive society.

13. How does the act compare to other apartheid laws?

The Prohibition of Mixed Marriages Act was one of the many apartheid laws implemented by the National Party. These laws included the Group Areas Act, the Immorality Act, and the Population Registration Act, among others. Each of these laws played a role in enforcing racial segregation and perpetuating inequality in South Africa.

14. What have been the long-term effects of the act?

The long-term effects of the act are complex and intertwined with the broader history of apartheid. South Africa still grapples with the legacies of racial discrimination, inequality, and institutionalized racism. Efforts to address these issues include truth and reconciliation processes, educational reforms, and affirmative action policies.

15. How can we ensure a more inclusive future?

Creating a more inclusive future requires ongoing commitment and effort from all sectors of society. It involves challenging and dismantling remaining systems of discrimination and inequality. Continued dialogue, education, and advocacy are essential in creating a society where everyone is valued and given equal opportunities.

The above 10 questions about prohibition of mixed marriages act should help you understand the state of this act.

In conclusion to 10 questions about prohibition of mixed marriage act, the Prohibition played a significant role in enforcing racial segregation and discrimination.

The act’s impacts are still felt today, even after its repeal. By understanding its history and implications, we can work towards creating a more inclusive and equal society for all South Africans.