Provided that no such application shall be made against the wishes of the minor if, since the date of the marriage, he has attained the age of eighteen years.
(2) Where the marriage of a minor which requires the consent of his legal guardian or legal guardians or the
consent of a judge under section twenty is contracted without such consent and is not set aside in terms of subsection (1), the marriage shall have effect in all respects as if it were a marriage contracted between persons both of
whom were of full age.
22 Prohibition of marriage of persons under certain ages
(1) No boy under the age of eighteen years and no girl under the age of sixteen years shall be capable of co ntracting a valid marriage except with the written permission of the Minister, which he may grant in any particular
case in which he considers such marriage desirable:
Provided that—
(i) such permission shall not relieve the parties to the proposed marriage from the obligation to comply with
all other requirements of this Act;
(ii) such permission shall not be necessary if by reason of any such other requirement the consent of a judge
is necessary and has been granted.
(2) If any person referred to in subsection (1) who was not capable of contracting a valid marriage without
the written permission of the Minister in terms of this Act, contracted a marriage without such permission and the
Minister considers such marriage to be desirable and in the interests of the parties concerned, he may, if such
marriage was in every other respect solemnized in accordance with this Act and there was no other lawful impediment thereto, direct in writing that it shall for all purposes be a valid marriage.
(3) If the Minister so directs, it shall be deemed that he granted written permission to such marriage prior to
the solemnization thereof.
23 Proof of age of parties to proposed marriage
If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such
marriage officer suspects that either of them is of an age which debars him or her from contracting a valid ma rriage, he shall refuse to solemnize a marriage between them unless he is furnished, to his satisfaction, with proof
of age of the party concerned and with such other requirement as may be necessary under section twenty or
twenty-two.
24 Legality of marriages between persons within certain degrees of affinity or consanguinity
(1) For the avoidance of doubt it is declared that, on and after the date of commencement of the Criminal
Law Code—
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of
section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case
of persons who are related to each other as first or second cousins, they satisfy the marriage officer that
they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the
affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
(2) If, on or after the date of commencement of the Criminal Law Code, a marriage is contracted or purports
to be contracted between parties who are related to each other as first or second cousins without belonging to a
community referred to in subsection (3) of section 75 of the Criminal Law Code, and at the time of the solemnisation of the marriage—
(a) the parties knew or realised that there was a real risk or possibility that they were related to each other as
first or second cousins, such marriage shall be void;
(b) one of the parties knew or realised that there was a real risk or possibility that they were related to each
other as first or second cousins, such marriage shall be voidable at the instance of the party who was not
so aware within twelve months from the time when he or she became so aware;
(c) the parties did not know or realise that there was a real risk or possibility that they were related to each
other as first or second cousins, such marriage shall not be void or voidable.
(3) For the avoidance of doubt it is declared that a marriage between persons who are related to each other as
first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.
[Section substituted by section 282 of Act 23 of 2004.]
25 Time and place for, and presence of parties and witnesses at, solemnization of marriage
(1) A marriage may be solemnized at any time.
(2) A marriage officer shall solemnize any marriage in a church or other building used for religious service,
or in a public office or private dwelling-house or other place approved by such marriage officer, in the presence of
the parties themselves and at least two witnesses of or above the age of eighteen years.