This is the version of this Act as it was from 1 June 1967 to 20 May 1969. Read the latest available version.
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South Africa
Immorality Act, 1957
Act 23 of 1957
- Published in Government Gazette 5853 on 12 April 1957
- Assented to on 3 April 1957
- Commenced on 12 April 1957
- [This is the version of this document as it was from 1 June 1967 to 20 May 1969.]
- [Amended by Immorality Amendment Act, 1967 (Act 68 of 1967) on 1 June 1967]
1. Definitions
In this Act, unless the context otherwise indicates—"brothel" includes any house or place kept or used for purposes of prostitution or for persons to visit for the purpose of having unlawful carnal intercourse or for any other lewd or indecent purpose;"coloured person" means any person other than a white person;"court" means the court or jury before whom the charge is brought;"house" includes a dwelling-house, building, room, out-house, shed or tent or any part thereof;"owner" includes any person who lets or sub-lets or permits the occupation of any house or place whether in his own right or that of another;"place" includes any field, enclosure, space, vehicle, or boat or any part thereof;"police officer" means any member of any police force established under the authority of any law;"unlawful carnal intercourse" means carnal intercourse otherwise than between husband and wife;"white person" means any person who in appearance obviously is or who by general acceptance and repute is a white person.2. Keeping a brothel
Any person who keeps a brothel shall be guilty of an offence.3. Certain persons deemed to keep a brothel
The following persons shall for the purposes of section two be deemed to keep a brothel:4. Onus of proof
In prosecutions under this Act the onus of proving that a house or place is to be kept or used or is being kept or used as a brothel to the knowledge of the owner shall be On the prosecution: Provided that—5. Contract to let house or place for a brothel void
Any contract to let any house or place to be kept or used as a brothel shall be null and void.6. Use of house or place as a brothel avoids contract of letting
Any contract of letting and hiring of any house or place which subsequently to the making of such contract becomes a brothel shall as from the date of such event be determined and become null and void: Provided that upon proof by the owner of his ignorance that the house or place was so kept or used he shall be entitled to recover the rent up to the date upon which he became aware that the house or place was being kept or used as a brothel.7. Summary ejectment when a house or place is used as a brothel
The owner of any house or place kept or used as a brothel shall be entitled to apply to the magistrate of the district in which such house or place is situated for the summary ejectment of any person who may be keeping or using such house or place as a brothel and such magistrate shall be entitled after enquiry to order the summary ejectment of such person.8. Proceedings upon complaint by householders or police that a house or place is used as a brothel
9. Parent or guardian procuring defilement of child or ward
10. Procuration
Any person who—11. Conspiracy to defile
Any person who conspires with any other person to induce any female by any false pretence or other fraudulent means to allow any male to have unlawful carnal intercourse with her, shall be guilty of an offence.12. Detention for purposes of unlawful carnal intercourse
12A. Assistance for purposes of unlawful carnal intercourse
13. Abduction
14. Sexual offences with girls or boys under sixteen
15. Sexual offences with female idiots or imbeciles
Any person who—16. Sexual offences between white persons and coloured persons
17. Owner or occupier permitting on his premises the defilement of a female or any offence against this Act
Any person who being the owner or occupier of any house or place or having or acting or assisting in the management or control thereof knowingly permits the use of such house or place for the purpose of any offence against any provision of this Act, shall be guilty of an offence.18. Use of drugs, etc., for purposes of defilement of females
Any person who applies, administers to or causes to be taken by any female any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower her so as thereby to enable him to have unlawful carnal intercourse with her, shall be guilty of an offence.19. Enticing to commission of immoral acts
Any person who—20. Persons living on earnings of prostitution or committing or assisting in commission of indecent acts
21. Presumptions
22. Penalties
Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—23. Repeal of laws
The laws specified in the Schedule are hereby repealed to the extent set out in the fourth column of that Schedule.24. Application of Act to the territory of South-West Africa
The Governor-General may by proclamation in the Gazette and in the Official Gazette of the territory of South-West Africa, declare this Act to be in force in the said territory.25. Short title
This Act shall be called the Immorality Act, 1957.History of this document
16 December 2007 amendment not yet applied
01 December 1993
07 August 1992
Amended by
General Law Amendment Act, 1992
Read this version
11 March 1992
04 March 1988
Amended by
Immorality Amendment Act, 1988
Read this version
19 June 1985
21 May 1969
Amended by
Immorality Amendment Act, 1969
Read this version
01 June 1967 this version
Amended by
Immorality Amendment Act, 1967
12 April 1957
03 April 1957
Assented to
Documents citing this one 87
Gazette 32
- KwaZulu-Natal Provincial Gazette dated 2008-06-18 number 115
- KwaZulu-Natal Provincial Gazette dated 2013-02-15 number 897
- KwaZulu-Natal Provincial Gazette dated 2014-07-08 number 1180
- KwaZulu-Natal Provincial Gazette dated 2019-10-03 number 2123
- South Africa Government Gazette Regulation Gazette dated 2002-02-19 number 23143
- South Africa Government Gazette dated 1967-06-01 number 1754
- South Africa Government Gazette dated 1971-12-10 number 3328
- South Africa Government Gazette dated 1972-06-02 number 3535
- South Africa Government Gazette dated 1973-05-23 number 3893
- South Africa Government Gazette dated 1975-03-12 number 4608
- South Africa Government Gazette dated 1977-05-06 number 5532
- South Africa Government Gazette dated 1981-07-29 number 7684
- South Africa Government Gazette dated 1984-04-18 number 9182
- South Africa Government Gazette dated 1988-08-19 number 55
- South Africa Government Gazette dated 1991-07-03 number 13345
- South Africa Government Gazette dated 1992-03-11 number 13818
- South Africa Government Gazette dated 1993-10-06 number 15160
- South Africa Government Gazette dated 1996-02-02 number 16943
- South Africa Government Gazette dated 1996-11-22 number 17602
- South Africa Government Gazette dated 1997-08-08 number 18166
- South Africa Government Gazette dated 1997-11-28 number 18454
- South Africa Government Gazette dated 1999-10-15 number 20533
- South Africa Government Gazette dated 2009-02-17 number 31908
- South Africa Government Gazette dated 2009-02-18 number 31911
- South Africa Government Gazette dated 2013-07-09 number 36645
- South Africa Government Gazette dated 2014-01-22 number 37255
- South Africa Government Gazette dated 2014-11-19 number 38222
- South Africa Government Gazette dated 2015-07-07 number 38977
- South Africa Government Gazette dated 2015-08-28 number 39131
- South Africa Government Gazette dated 2017-08-02 number 41018
- South Africa Government Gazette dated 2022-01-28 number 45823
- South Africa Government Gazette dated 2022-12-09 number 47693
Judgment 52
- Bosielo and Others v S (71/2013) [2013] ZASCA 133 (27 September 2013)
- Botha v S (546 of 2021) [2022] ZASCA 87 (8 June 2022)
- Bothma v Els and Others [2009] ZACC 27 (8 October 2009)
- Case and Another v Minister of Safety and Security and Others ; Curtis v Minister of Safety and Security and Others [1996] ZACC 7 (9 May 1996)
- Coetzee v S (502/2008) [2009] ZASCA 134 (30 September 2009)
- Director of Public Prosecutions and Minister of Justice and Constitutional Development v Phillips (803/2011) [2012] ZASCA 140 (28 September 2012)
- Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06) [2008] ZALCJHB 1 (28 March 2008)
- Fourie and Another v Minister of Home Affairs and Another [2003] ZACC 11 (31 July 2003)
- Haarhoff and Another v Director of Public Prosecutions Eastern Cape (Grahamstown) (1192 of 2017) [2018] ZASCA 184 (11 December 2018)
- Hardaker v Phillips (120/2004) [2005] ZASCA 28 (30 March 2005)
- Jordan and Others v S (CCT 31/01) [2002] ZACC 22 (9 October 2002)
- Kylie v Commission for Conciliation, Mediation and Arbitration (CA10/08) [2010] ZALAC 8 (28 May 2010)
- Mathe v Minister of Police (33740/14) [2017] ZAGPJHC 133 (24 May 2017)
- Matshiva v S (656/2012) [2013] ZASCA 124 (23 September 2013)
- Mohlaka v Minister of Finance and Others (J2283/07) [2009] ZALAC 3 (6 January 2009)
- Munyai v S (546/2013) [2014] ZASCA 36 (28 March 2014)
- National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others [1998] ZACC 15 (9 October 1998)
- National Director of Public Prosecutions v 37 Gillespie Street Durban (Pty) Ltd and Another (666/2002) [2004] ZASCA 37 (13 May 2004)
- National Director of Public Prosecutions v Botha NO and Another [2020] ZACC 6 (26 March 2020)
- National Director of Public Prosecutions v Geyser and Another (160/2007) [2008] ZASCA 15 (25 March 2008)
- National Director of Public Prosecutions v Phillips and Others (43/2004) [2004] ZASCA 111 (30 November 2004)
- National Director of Public Prosecutions v R O Cook Properties (Pty) Ltd (260/2003) [2004] ZASCA 36 (13 May 2004)
- National Director of Public Prosecutions v Seevnarayan (111/2003) [2004] ZASCA 38 (13 May 2004)
- Paarwater v South Sahara Investments (Pty) Ltd (91/2004) [2005] ZASCA 4 (3 March 2005)
- Paola v Jeeva NO and Others (475/2002) [2003] ZASCA 100 (26 September 2003)
- Phillips and Others v National Director of Public Prosecutions (202/2002) [2003] ZASCA 74 (4 September 2003)
- Phillips and Others v National Director of Public Prosecutions [2005] ZACC 15 (7 October 2005)
- R v Churchill (203/58) [1959] ZASCA 13 (26 March 1959)
- R v Van Halter and Another (8/59) [1959] ZASCA 47 (25 September 1959)
- R v Visagie (159/57) [1958] ZASCA 12 (24 March 1958)
- R v Wilson (28/59) [1959] ZASCA 53 (2 October 1959)
- S v Esterhuizen (104/1991) [1992] ZASCA 191 (6 November 1992)
- S v Eze (14/546/2013) [2017] ZAGPRD 1 (27 November 2017)
- S v Fhetani (158/2007) [2007] ZASCA 113 (21 September 2007)
- S v Geldenhuys (470/2007) [2008] ZASCA 47 (31 March 2008)
- S v Hall (286/76) [1977] ZASCA 29 (28 March 1977)
- S v Horn (62/1987) [1988] ZASCA 46 (17 May 1988)
- S v Katoo (642/2002) [2004] ZASCA 109 (30 November 2004)
- S v Marx (397/2004) [2005] ZASCA 67 (23 August 2005)
- S v Mathlare (389/1999) [2000] ZASCA 186 (29 September 2000)
- S v Mchunu (CC 168/2011) [2011] ZAKZDHC 89 (16 September 2011)
- S v Molnart en 'n Ander (375/76) [1976] ZASCA 74 (1 October 1976)
- S v Nitito (123/2011) [2011] ZASCA 198 (23 November 2011)
- S v Sloman (321/76 ) [1977] ZASCA 75 (1 June 1977)
- S v Van Dyk (42/2004) [2004] ZASCA 86 (29 September 2004)
- S v Vilakazi (576/2007) [2008] ZASCA 87 (3 September 2008)
- Sanderson v Attorney-General, Eastern Cape [1997] ZACC 18 (2 December 1997)
- Savoi and Others v National Director of Public Prosecutions and Another [2014] ZACC 5 (20 March 2014)
- Sayed and Another v Levitt NO and Another (5582/2010; AR 101/2011) [2012] ZAKZPHC 38 (25 June 2012)
- Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S [2019] ZACC 48 (11 December 2019)
- Tshilidzi v S (650/2012) [2013] ZASCA 78 (30 May 2013)
- V R N.O. and Another v Director of Public Prosecutions and Another (26135/2017) [2024] ZAGPPHC 152 (14 February 2024)