Immorality Act
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Immorality Act
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". Between 1950 and the repeal of the law in 1985, at least 19,000 people were fully prosecuted for violating the law, whereas thousands more were arrested without a trial. The 1927 act The Immorality Act, 1927 (Act No. 5 of 1927) prohibited sexual intercourse outside of marriage between "Europeans" (white people) and "natives" (black people). The penalty was up to five years' imprisonment for ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Immorality And Prohibition Of Mixed Marriages Amendment Act, 1985
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of Mixed Marriages Amendment Act, 1985 (Act No. 72 of 1985) is an act of the Parliament of South Africa that repealed the laws prohibiting marriage and sexual intercourse between white people and people of other races.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. Background 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 Af ...
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Immorality Amendment Act, 1988
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality 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 (Sexual Offences and Related Matters) 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. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Immorality Amendment Act, 1969
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality 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 (Sexual Offences and Related Matters) 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. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Immorality Amendment Act, 1967
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality 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 (Sexual Offences and Related Matters) 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. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Immorality Act, 1957
The Sexual Offences Act, 1957 (Act No. 23 of 1957, originally the Immorality 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 (Sexual Offences and Related Matters) 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. Provisions in force ;Brothel-keeping :Section 2 makes it a crime to keep a brothel, and section 3 defines various people who are deemed to be brothel-keepers, including anyone who lives in a brothel, manages or knowingly receives money from a brothel, knowingly permits a buil ...
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Immorality Amendment Act, 1950
The Immorality Act, 1927 (Act No. 5 of 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 act forbade any "illicit carnal intercourse" (which meant sex outside of marriage) between a "European" (i.e. white) male and a "native" (i.e. black) female, or vice versa. It imposed a penalty of up to five years in prison for the man and four years for the woman. It also prohibited " procuring" women for the purpose of interracial sex, and knowingly allowing premises to be used for interracial sex; both offences carried a penalty of up to five years' imprisonment. In 1950, the Nationalist government of DF Malan, in one of the first legislative acts of apartheid, introduced the Immorality Amendment Act, 1950 (Act No. 21 of 1950) to ...
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Immorality Act, 1927
The Immorality Act, 1927 (Act No. 5 of 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 act forbade any "illicit carnal intercourse" (which meant sex outside of marriage) between a "European" (i.e. white) male and a "native" (i.e. black) female, or vice versa. It imposed a penalty of up to five years in prison for the man and four years for the woman. It also prohibited " procuring" women for the purpose of interracial sex, and knowingly allowing premises to be used for interracial sex; both offences carried a penalty of up to five years' imprisonment. In 1950, the Nationalist government of DF Malan, in one of the first legislative acts of apartheid, introduced the Immorality Amendment Act, 1950 (Act No. 21 of 1950) to ...
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Apartheid Legislation
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. Segregationist legislation before apartheid Although apartheid as a comprehensive legislative project truly began after the National Party came into power in 1948, many of these statutes were preceded by the laws of the previous British and Afrikaner administrations in South Africa's provinces. An early example is the Glen Grey Act, passed in 1894 in Cape Colony, and which had the effe ...
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Population Registration Act, 1950
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. Social rights, political rights, educational opportunities, and economic status were largely determined by the group to which an individual belonged. There were three basic racial classifications under the law: Black, White and Coloured (mixed). Indians (that is, South Asians from the former British India, and their descendants) were later added as a separate classification as they were seen as having "no historical right to the country". An ''Office for Race Classification'' was set up to overview the classification process. Classification into groups was carried out using criteria such as outer appearance, general acceptance and social standing. For example, it defined a "white person" as one who "in appearance is obviously a white person who is generally not accepted as a colou ...
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Anti-miscegenation Laws
Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalization, criminalizing interracial marriage and sometimes also sex between members of different Race (classification of humans), races. Anti-miscegenation laws were first introduced in North America from the late seventeenth century onwards by several of the Thirteen Colonies, and subsequently, by many U.S. states and U.S. territories and remained in force in many US states until 1967. After the Second World War, an increasing number of states repealed their anti-miscegenation laws. In 1967, in landmark case ''Loving v. Virginia'', the remaining anti-miscegenation laws were held to be unconstitutional by the Supreme Court of the United States, U.S. Supreme Court under Chief Justice Earl Warren. Similar laws were also enforced in Nazi Germany as part of the Nuremberg Laws which were passed in 1935, and in South Africa as part of the sy ...
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Geldenhuys V National Director Of Public Prosecutions
''Geldenhuys v National Director of Public Prosecutions and Others'' is a decision of the Constitutional Court of South Africa which struck down as unconstitutional a law which set the age of consent at 19 for homosexual sex but only 16 for heterosexual sex. Background Section 14(1) of the Sexual Offences Act, 1957, as amended in 1969 and 1988, read as follows: (1) Any male person who— :(a) has or attempts to have unlawful carnal intercourse with a girl under the age of 16 years; or :(b) commits or attempts to commit with such a girl or with a boy under the age of 19 years an immoral or indecent act; or :(c) solicits or entices such a girl or boy to the commission of an immoral or indecent act, shall be guilty of an offence. Section 14(3), added in 1988, contained a mirror provision with the genders inverted. The effect of these sections was to fix the age of consent at 16 for heterosexual sex and 19 for homosexual sex. The Interim Constitution of South Africa, which came into ...
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