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  • Presumption of Death Act of 1979

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    Simamkele Ntwanambi
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    This document is the Dissolution of Marriages on Presumption of Death Act 23 of 1979 from South Africa. The act allows for courts to dissolve marriages if a person is presumed dead. It states that courts can dissolve a marriage as of a determined date if they make an order presuming the death of a married person. It also says that marriages will be dissolved as of the recorded date of death if an inquest finds someone dead and that finding has the same legal effect as a court order presuming death. The act's short title is the Dissolution of Marriages on Presumption of Death Act, 1979.

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    This document is the Dissolution of Marriages on Presumption of Death Act 23 of 1979 from South Africa. The act allows for courts to dissolve marriages if a person is presumed dead. It states that courts can dissolve a marriage as of a determined date if they make an order presuming the death of a married person. It also says that marriages will be dissolved as of the recorded date of death if an inquest finds someone dead and that finding has the same legal effect as a court order presuming death. The act's short title is the Dissolution of Marriages on Presumption of Death Act, 1979.

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    © All Rights Reserved
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    25 views1 page

    Presumption of Death Act of 1979

    Uploaded by

    Simamkele Ntwanambi
    This document is the Dissolution of Marriages on Presumption of Death Act 23 of 1979 from South Africa. The act allows for courts to dissolve marriages if a person is presumed dead. It states that courts can dissolve a marriage as of a determined date if they make an order presuming the death of a married person. It also says that marriages will be dissolved as of the recorded date of death if an inquest finds someone dead and that finding has the same legal effect as a court order presuming death. The act's short title is the Dissolution of Marriages on Presumption of Death Act, 1979.

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    © All Rights Reserved
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    of 1

    DISSOLUTION OF MARRIAGES ON PRESUMPTION OF DEATH ACT 23 OF 19...

    Page 1 of 1

    DISSOLUTION OF MARRIAGES ON PRESUMPTION OF DEATH


    ACT 23 OF 1979

    [ASSENTED TO 16 MARCH 1979] [DATE OF COMMENCEMENT: 29 MARCH 1979]

    (Afrikaans text signed by the State President)

    as amended by
    Inquests Amendment Act 8 of 1991

    ACT
    To provide for the dissolution of marriages of persons presumed to be dead.

    1 Court may declare certain marriages to be dissolved


    Any provincial or local division of the Supreme Court of South Africa making an order
    that the death of any married person shall be presumed, may, when making that order
    or at any time thereafter, on the application of such person's spouse, make an order that
    the marriage in question shall be deemed to have been dissolved by death as from a
    date determined by the court, whereupon that marriage shall for all purposes be deemed
    to have been dissolved by death as from the date so determined.

    2 Effect of certain findings on marriages


    Whenever an inquest has been held in accordance with the provisions of the Inquests
    Act, 1959 (Act 58 of 1959 ), in respect of the death of any married person, and any
    finding in respect of that death has the same effect in terms of section 18 (2) or (2A) of
    that Act, as if it were an order granted by the relevant reviewing court or judge or by the
    relevant provincial or local division of the Supreme Court of South Africa, as the case
    may be, that the death of the person concerned shall be presumed in accordance with
    such finding, the marriage in question shall for all purposes be deemed to have been
    dissolved by death as from the date of death of the said person as recorded in terms of
    section 16 (2) (c) of that Act in that finding.
    [S. 2 substituted by s. 9 of Act 8 of 1991 .]

    3 Short title
    This Act shall be called the Dissolution of Marriages on Presumption of Death Act,
    1979.

    © 2005 Juta and Company, Ltd.

    http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=fullact&... 4/3/2012

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