Population Registration Act, 1950/1970-03-26

←

Population Registration Act, 1950
enacted by the Parliament of South Africa

as at 9 March 1970

→

This is the text of the Population Registration Act, 1950, as it was on 9 March 1970, after it was amended by the Bantu Homelands Citizenship Act, 1970, which came into force on that date in terms of Proclamation No. R. 97 of 1970.

1471314Population Registration Act, 1950 — as at 9 March 1970enacted by the Parliament of South Africa

Act

To make provision for the compilation of a Register of the Population of the Union; for the issue of Identity Cards to persons whose names are included in the Register; and for matters incidental thereto.

(Afrikaans Text signed by the Officer Administering the Government.)
(Assented to 22nd June, 1950.)

as amended by

Population Registration Amendment Act, No. 71 of 1956
Statistics Act, No. 73 of 1957
Population Registration Amendment Act, No. 30 of 1960
Population Registration Amendment Act, No. 61 of 1962
Bantu Laws Amendment Act, No. 42 of 1964
Population Registration Amendment Act, No. 64 of 1967
Population Registration Amendment Act, No. 106 of 1969
Bantu Homelands Citizenship Act, No. 26 of 1970

[In terms of s. 100 of Act No. 42 of 1964, the word “Bantu” has been substituted for the word “native” or “natives” wherever they occur.]

Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

Definitions.

1. (1) In this Act, unless the context otherwise indicates—

“alien” means an alien as defined in section one of the Aliens Act, 1937 (Act No. 1 of 1937);

“Bantu” means a person who is, or is generally accepted as, a member of any aboriginal race or tribe of Africa;

[Definition of “Bantu” substituted by s. 1 (a) of Act No. 106 of 1969.]

“board” means a board constituted in terms of section eleven;

“coloured person” means a person who is not a white person or a Bantu;

[Definition of “Director” deleted by s. 1 (a) of Act No. 30 of 1960.]

“ethnic or other group” means a group prescribed and defined by the Governor-General in terms of subsection (2) of section five;

“fixed date” means the date upon which the census is taken in the year 1951 in terms of section three of the Census Act, 1910 (Act No. 2 of 1910);

“identity card” means the identity card referred to in section thirteen but does not include an identity card which has lapsed in terms of any regulation;

“identity number” means the identity number assigned to a person in terms of section six;

“Minister” means the Minister of the Interior;

“prescribed” means prescribed by regulation;

“register” means the register referred to in section two;

“regulation” means a regulation made under section twenty;

“Secretary” means the Secretary for the Interior and includes any person employed by the State or the holder of a post in the public service acting under a delegation from or under the control or direction of the Secretary for the Interior;

[Definition of “Secretary” inserted by s. 1 (b) of Act No. 30 of 1960 and substituted by s. 1 (b) of Act No. 106 of 1969.]

“this Act” includes the regulations;

“white person” means a person who—

(a)

in appearance obviously is a white person and who is not generally accepted as a coloured person; or

(b)

is generally accepted as a white person and is not in appearance obviously not a white person,

but does not include any person who for the purposes of his classification under this Act, freely and voluntarily admits that he is by descent a Bantu or a coloured person unless it is proved that the admission is not based on fact.

[Definition of “white person” substituted by s. 1 of Act No. 61 of 1962.]

(2) Notwithstanding anything contained in subsection (1) or any other law, but subject to the provisions of section 5 (5)—

(a)

in deciding whether any person is in appearance obviously a white person or not a white person within the meaning of the definition of “white person” in subsection (1), his habits. education and speech and deportment and demeanour in general shall be taken into account;

(b)

it shall, in the absence of proof that any person who is not a Bantu, is generally accepted as a white person, be assumed that he is generally accepted as a coloured person;

[Para. (b) substituted by s. 1 (c) of Act No. 106 of 1969.]

(c)

a person shall be deemed not to be generally accepted as a white person, unless he is so accepted in the area in which or at any place where he—

(i)

is ordinarily resident;

(ii)

is employed or carries on business;

(iii)

mixes socially or takes part in other activities with other members of the public,

and in his association with the members of his family and any other persons with whom he lives;

(d)

in considering whether or not any person is a white person, he shall be deemed also to admit freely and voluntarily and on the ground of facts that he is by descent a Bantu or a coloured person if—

(i)

in any proceedings before a board or for the purposes of his classification before a court of law, he admits or has admitted under oath that he is not by descent a white person; or

(ii)

in any form or return referred to in section 3 or 9 or in any application for an identity card completed and signed by him there appears a statement to the effect that as far as his race is concerned, he is not a white person; or

(iii)

he for the purposes of his classification admits or has admitted that either of his natural parents is or was not generally accepted as a white person;

(e)

the fact that any person was generally accepted as a white person or a coloured person or a Bantu on the date on which a form or return referred to in section 3 or 9 was completed by or in respect of him, shall at all times be conclusive proof that he is so accepted.

[Sub-s. (2) added by s. 1 of Act No. 64 of 1967.]

(3) Where in any form or return referred to in section 3 or 9 or in any application for an identity card the race of any person is described as “mixed” or “gemeng”, that description shall for the purposes of subsections (1) and (2) of this section be deemed to be a reference to a coloured person unless such person proves that he is in fact not a coloured person.

[Sub-s. (3) added by s. 1 of Act No. 64 of 1967 and substituted by s. 1 (d) of Act No. 106 of 1969.]

Compilation and maintenance of population register.

2. There shall, as soon as practicable after the fixed date, be compiled by the Secretary and thereafter maintained by him, a register of the population of the Union.

[S. 2 amended by s. 2 of Act No. 30 of 1960.]

Data from which register to be compiled.

3. The particulars required for the compilation of the register in respect of the population of the Union as at the fixed date shall be extracted by the Secretary from the forms and returns received by the Director of Census under the Census Act, 1910 (Act No. 2 of 1910), in connection with the census taken on the fixed date and from such other records as may be available to the Secretary.

[S. 3 amended by s. 2 of Act No. 30 of 1960 and by s. 2 of Act No. 61 of 1962.]

What persons to be included in the register.

4. There shall be included in the register, in three separate parts thereof, the names of—

(a)

(i)

all South African citizens within the Union on the fixed date;

(ii)

all South African citizens who enter or are born in the Union after the fixed date; and

(iii)

all persons who become South African citizens in the Union after the fixed date;

(b)

(i)

all persons who are not South African citizens and are within the Union on the fixed date and were prior to the fixed date born in any part of South Africa included in the Union or admitted to the Union for permanent residence therein; and

(ii)

all persons who are not South African citizens and are after the fixed date born in the Union or admitted to the Union for permanent residence therein; and

(c)

(i)

all persons who are not South African citizens and are within the Union on the fixed date for a temporary purpose; and

(ii)

all persons who are not South African citizens and are admitted to the Union for a temporary purpose after the fixed date.

Classification of persons whose names are included in the register.

5. (1) Every person whose name is included in the register shall be classified by the Secretary as a white person, a coloured person or a Bantu, as the case may be, and every coloured person and every Bantu whose name is so included shall be classified by the Secretary according to the ethnic or other group to which he belongs.

(2) The State President may by proclamation in the Gazette prescribe and define the ethnic or other groups into which coloured persons and Bantus shall be classified in terms of subsection (1), and may in like manner amend or withdraw any such proclamation or any proclamation purporting to have been issued in terms of this subsection.

(3) (a) The State President may in any proclamation referred to in subsection (2) whereby a previous proclamation, including a proclamation purporting to have been issued in terms of that subsection, is amended or substituted, state that anything done or purporting to have been done under the provisions of that previous proclamation, which could be done under that proclamation as so amended or under the new proclamation whereby that proclamation is so substituted, shall be deemed to have been done under the amended or new proclamation, as the case may be.

(b) A proclamation under subsection (2) may be issued with retrospective effect as from a date not earlier than the seventh day of July, 1950.

(4) (a) If at any time it appears to the Secretary that the classification of a person in terms of subsection (1) (other than a classification in accordance with a decision of a board) is incorrect he may, after having given notice to that person and, if he is a minor, also to his guardian, specifying in which respect the classification is incorrect alter the classification of that person in the register after affording such person and such guardian (if any) an opportunity of being heard.

(b) If at any time the Secretary doubts whether any such classification is correct he may, after notice to the person in question and, if such person is a minor, also to his guardian, refer the case to a board for decision as to whether the classification of that person in the register should be altered.

(c) The Secretary may at any time with the concurrence of any person, or, in the case of a minor, also with the concurrence of his guardian, alter in his discretion the classification of such person in the register.

[Sub-s. (4) substituted by s. 2 (a) of Act No. 106 of 1969.]

(4A) If any case is in terms of subsection (4) (b) of this section referred to a board for decision, the provisions of subsections (5) to (9), inclusive, of section 11 shall mutatis mutandis apply with reference to such case: Provided that in any such case an appeal shall only lie against a decision of a board if such decision results in the existing classification of the person in question being altered.

[Sub-s. (4A) inserted by s. 2 (b) of Act No. 106 of 1969.]

(5) In the application of this section and notwithstanding anything to the contrary contained in this Act—

(a)

a person shall be classified as a white person if his natural parents have both been classified as white persons;

(b)

a person shall be classified as a coloured person if his natural parents have both been classified as coloured persons or one of his natural parents has been classified as a white person and the other natural parent has been classified as a coloured person or a Bantu;

(c)

a coloured person whose natural parents have both been classified as members of the same ethnic or other group, shall be classified as a member of that group;

(d)

a person shall be classified as a Bantu if his natural parents have both been classified as Bantus;

(e)

a person shall not be classified as a white person if one of his natural parents has been classified as a coloured person or a Bantu;

[Para (e) added by s. 2 (d) of Act No. 106 of 1969.]

(f)

a person whose natural father has been classified as a member of any ethnic or other group into which coloured persons may be classified, shall be classified as a member of the group of which his father has been so classified as a member.

[Para (f) added by s. 2 (d) of Act No. 106 of 1969.]

[Sub-s. (5) amended by s. 2 (c) of Act No. 106 of 1969.]

(6) The provisions of subsection (5) with reference to the classification of a parent of any person—

(a)

shall be applied so long as such classification has not been altered in terms of this Act; and

(b)

shall also apply with reference to the classification of any such parent who dies after such classification.

[Sub-s. (6) added by s. 2 (e) of Act No. 106 of 1969.]

[S. 5 substituted by s. 2 of Act No. 64 of 1967.]

Identity number to be assigned to every person whose name is included in the register.

6. The Secretary shall assign an identity number to every person whose name is included in the register.

[S. 6 amended by s. 2 of Act No. 30 of 1960.]

The particulars to be included in respect of every person whose name is included in the register.

7. (1) There shall, in respect of every person whose name is included in the register, other than a Bantu, be included in the register the following particulars and no other particulars whatsoever namely—

(a)

his full name, sex and ordinary place of residence;

(b)

his classification in terms of section five;

(c)

the date and place of his birth;

(d)

his citizenship or nationality, and in the case of an alien, an indication of the fact that he is an alien;

(e)

his marital status;

(f)

in the case of a registered voter, the electoral division and polling district in which he is registered as a voter under the Electoral Consolidation Act, 1946 (Act No. 46 of 1946);

(g)

the date of his arrival in the Union, if not born in a part of South Africa included in the Union;

(h)

a recent photograph of himself, except in the case of a person who has not yet attained the age of sixteen years, or who has been admitted to the Union for a temporary purpose; and

(i)

his identity number.

(2) There shall in respect of every Bantu whose name is included in the register, be included in the register the following particulars and no other particulars whatsoever, namely—

(a)

his full name, sex and the district in which he is ordinarily resident;

(b)

his citizenship or nationality, the ethnic or other group and the tribe to which he belongs;

(c)

the date, or if the date is not known, the year or reputed year, and the place, or if the place is not known, the district of his birth;

(d)

his marital status;

(e)

the year of his arrival in the Union, if not born in a part of South Africa included in the Union;

(f)

a recent photograph of himself except in the case of a Bantu who has not yet attained the age of sixteen years, and, in the case of a Bantu who is not a South African citizen, his fingerprints; and

(g)

his identity number.

(3) Upon the death or permanent departure from the Union of a person whose name is included in the register, the date of his death or departure from the Union, as the case may be, shall be recorded in the register.

Copies of register to be maintained in every district.

8. (1) There shall be maintained at the office of the magistrate of every district or at such other office within a district as the Minister may approve, a copy of the register containing the names and other particulars recorded in the register in respect of all persons registered as residing within that district.

(2) A list made from the copy of the register maintained in terms of sub-section (1) and containing in respect of every person whose name is included therein the undermentioned particulars and no other particulars whatsoever, shall be open for inspection by the public at the office of the magistrate of the district to which the list relates and at such other places within the district as the Secretary may determine at all reasonable times during office hours—

(a)

his name, sex and ordinary place of residence or, in the case of a Bantu, the district in which he is ordinarily resident;

(b)

his classification in terms of section five;

(c)

his citizenship or nationality;

(d)

in the case of a registered voter, the electoral division and polling district in which he is registered as a voter under the Electoral Consolidation Act, 1946 (Act No. 46 of 1946); and

(e)

his identity number.

(3) As soon as a list made from the copy of the register referred to in sub-section (1) becomes available for inspection by the public in terms of sub-section (2) at the office of the magistrate of any district, the Secretary shall cause to be published in the Gazette and in at least one Afrikaans and one English newspaper circulating in that district, a notice to the effect that such list shall, with effect from a date specified in the notice, be so available for inspection by the public at the office of the magistrate of that district and at such other places within that district as the Secretary may specify.

[S. 8 amended by s. 2 of Act No. 30 of 1960.]

Persons to furnish particulars to Secretary for the inclusion in the register of their names or the names of their wards who have not attained the age of sixteen years.

9. (1) If the name of any person whose name is by this Act required to be included in the register, does not appear on the register, that person or, if that person has not attained the age of sixteen years, his guardian, shall furnish the Secretary in the prescribed form with such particulars in regard to himself or, as the case may be, his ward under the age of sixteen years, as may be necessary for the inclusion in the register of his or his ward’s name.

(2) In the application of subsection (1) the furnishing of particulars for the registration of a birth in the form prescribed in terms of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963), or deemed in terms of the said Act to be so prescribed, shall in the case of a person born in the Republic after the fixed date, be deemed to be also the furnishing of particulars for the purposes of that subsection in the form referred to therein.

[Sub-s. (2) added by s. 3 of Act No. 64 of 1967.]

[S. 9 amended by s. 2 of Act No. 30 of 1960.]

Notification of change of residence.

10. (1) Every person (other than a Bantu) whose name is included in the register and the guardian of any such person who has not attained the age of sixteen years, shall within fourteen days or, in a particular case, such longer period as the Secretary may allow, after any permanent change in the ordinary place of residence of that person or of his ward under the age of sixteen years, as the case may be, notify the Secretary in the prescribed manner of that change of residence.

(2) Any permanent change in the ordinary place of residence of a Bantu from one district to another shall be notified to the Secretary by such person and in such manner as may be prescribed.

[S. 10 amended by s. 2 of Act No. 30 of 1960.]

Objections to and appeals against classification of persons in register, and constitution and functions of boards.

11. (1) Any person who considers himself aggrieved by his classification, or the classification of a minor of whom he is the guardian, by the Secretary in terms of section 5 may within thirty days, or such longer period not exceeding one year as the Minister may allow, after the said classification became known to him, but in no circumstances later, object in writing to the Secretary against that classification.

[Sub-s. (1) substituted by s. 3 (a) of Act No. 106 of 1969.]

(2) A minor may himself object in terms of subsection (1) against his classification.

[Sub-s. (2) substituted by s. 3 (b) of Act No. 106 of 1969.]

(3) Every such objection shall be lodged in the form of an affidavit setting forth fully the grounds upon which the objection is made and stating the date on which the classification in question became known to the objector.

(4) Every objection received by the Secretary in terms of subsection (3) within the period referred to in subsection (1), shall be referred by him for decision to a board of not less than three persons, including the chairman, constituted for the purpose or for the purposes of section 5 (4) by the Minister, and presided over by a person appointed by the Minister, who is or has been a judge of the Supreme Court of South Africa, or a magistrate.

(5) (a) The provisions of the Commissions Act, 1947 (Act No. 8 of 1947), except section 1 thereof, shall apply mutatis mutandis with reference to any board constituted under subsection (4) of this section: Provided that the Secretary and every objector and every person whose classification has in terms of the provisions of section 5 (4) been referred by the Secretary for decision to a board, and, if that person is a minor, also his guardian, shall be entitled to appear before the board concerned either in person or by counsel or attorney on his behalf, to cross-examine witnesses and to adduce such evidence as may be relevant to the matter before the board: Provided further that all sittings of a board shall be held in public or in camera as the person whose classification is in issue or, if he is a minor and his guardian is present at the sittings in question. such guardian may elect.

(b) In any proceedings before a board any relevant form and return referred to in section 3 or 9, any relevant report referred to in section 12, and any relevant application for an identity card shall be admitted as evidence.

(6) The decision of the board shall be final and binding upon all persons: Provided that any person who considers himself aggrieved by a decision of a board in regard to his own classification or the classification of his ward, or the Secretary, if he considers it necessary for the performance of his duties in terms of this Act, may appeal against that decision by way of application on notice of motion to the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area within which the person to whose classification the decision relates, is ordinarily resident, within thirty days after the decision of the board has been given or within such further period, not exceeding two months, as the said court may for sufficient cause allow.

[Sub-s. (6) substituted by s. 3 (c) of Act No. 106 of 1969.]

(7) (a) The sittings of a division of the said Supreme Court shall, while any such appeal is being heard, be held in public or in camera as the person whose classification is in issue, or, if he is a minor, his guardian, or, if such person or minor is represented by a legal representative, such legal representative, may elect.

(b) The division of the said Supreme Court to which appeal is made may confirm, vary or set aside the decision of the board and give such other decision as in its opinion the board ought to have given, or remit the case to the board with such instructions as the said division may deem fit, and may make such order as to costs as it may deem fit.

[Sub-s. (7) substituted by s. 3 (d) of Act No. 106 of 1969.]

(8) Any judgment given or order made by a provincial or local division of the said Supreme Court in terms of subsection (7), shall be subject to appeal to the Appellate Division of the Supreme Court of South Africa in the same manner and on the same conditions as a judgment given or order made in a civil proceeding in that provincial or local division.

(9) A decision by the court in terms of subsection (7) or (8) relating to the classification of any person shall, for the purpose of this Act, be deemed to be the decision of a board.

(10) A member of the board who is not a member of the public service may be paid such remuneration for his services as a member of the board as the Minister may, in consultation with the Minister of Finance, determine.

[S. 11 substituted by s. 4 of Act No. 64 of 1967.]

Secretary may require proof of correctness of particulars furnished for purposes of this Act.

12. The Secretary may—

(a)

require any person in respect of whom any particulars required for recording in the register, have been furnished in any form or return received under the Census Act, 1910 (Act No. 2 of 1910), or in any form prescribed under section nine, to furnish to him evidence as to the correctness of any such particulars;

(b)

investigate or designate any officer in the public service to investigate and report to him on any matter in respect of which particulars are required to be recorded in the register.

[S. 12 amended by s. 2 of Act No. 30 of 1960 and by s. 4 of Act No. 61 of 1962.]

Identity cards.

13. (1) The Secretary shall, as soon as practicable after the receipt by him of an application for an identity card in the prescribed form, completed by or on behalf of any person whose name has been included in the register and who has attained the age of sixteen years, together with two copies of the photograph referred to in section 16 (1), and subject to the succeeding provisions of this section, issue an identity card to that person: Provided that no identity card shall be issued to any person to whom a certificate of citizenship has in terms of the Bantu Homelands Citizenship Act, 1970, been issued.

[Sub-s. (1) substituted by s. 4 of Act No. 106 of 1969 and amended by s. 12 of Act No. 26 of 1970.]

(2) If the person referred to in sub-section (1) is a white person or a coloured person and is not an alien or a person referred to in sub-section (4), the identity card issued to that person shall contain the following particulars and no other particulars in relation to that person whatsoever, namely—

(a)

his name and sex;

(b)

his classification in terms of section five;

(c)

his citizenship or nationality;

(d)

his identity number;

(e)

a recent photograph of himself; and

(f)

the date of issue of the identity card.

(3) If the person is an alien and was born in any part of South Africa included in the Union or admitted to the Union for permanent residence therein, the identity card issued to that person shall contain, in addition to the particulars mentioned in sub-section (2), the following particulars and no other particulars in relation to that person whatsoever, namely—

(a)

the date of his arrival in the Union (if not born in a part of South Africa included in the Union);

(b)

an indication of the fact that he is an alien; and

(c)

if the Secretary deems it expedient, the signature of that person or, if he is unable to sign his name, his fingerprints.

[Para. (c) amended by s. 2 of Act No. 71 of 1956.]

(4) If the person is not a South African citizen and has been admitted to the Union for a temporary purpose the identity card issued to that person shall contain all the particulars prescribed in respect of an alien by sub-section (3) except a photograph of that person.

(5) If the person is a Bantu, the identity card issued to him shall contain the following particulars and no other particulars in relation to him whatsoever, namely—

(a)

his name and sex;

(b)

the ethnic or other group and the tribe to which he belongs and, in the case of a Bantu who is not a South African citizen, his citizenship or nationality;

(c)

his identity number;

(d)

a recent photograph of himself and in the case of a Bantu who is not a South African citizen, his fingerprints; and

(e)

the date of issue of the identity card.

[S. 13 amended by s. 2 of Act No. 30 of 1960.]

Production of identity cards.

14. (1) Any—

(a)

peace officer (as defined in section 1 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955)), may, whenever he is under section 22 (3) of the said Act entitled to call upon any person to furnish such peace officer with his full name and address, request that person; and

(b)

person authorized thereto in writing by the Secretary may, whenever it is necessary for him to do so for the purpose of carrying out his duties under this Act and upon production of his written authority, request any person,

if that person’s name is by this Act required to be included in the register and he has attained the age of sixteen years, but is not a person to whom a certificate of citizenship has in terms of the Bantu Homelands Citizenship Act, 1970, been issued, to produce to such peace officer or, as the case may be, to such authorized person, his identity card.

[Sub-s. (1) substituted by s. 13 of Act No. 26 of 1970.]

(2) Every person who is in terms of sub-section (1) requested by a peace officer or a person authorized thereto by the Secretary to produce to him his identity card shall, within seven days of the date of such request, produce his identity card to that peace officer or to that authorized person or at a police station indicated by him and recorded by the peace officer or the authorized person, as the case may be.

(3) If any person fails or refuses to indicate a police station in terms of sub-section (2) the peace officer or the authorized person concerned shall for the purposes of that sub-section indicate and record the police station which he considers nearest to the ordinary place of residence of the said person.

[S. 14 amended by s. 2 of Act No. 30 of 1960.]

Surrender or seizure of identity cards which reflect incorrect particulars.

15. (1) Any person to whom an identity card has been issued which contains any particulars which are incorrect or which by reason of any change of circumstances or by reason of the alteration by the Secretary in terms of section 5 (4) or by a board in terms of section 11 of the classification in terms of section 5 of the person to whom it relates, have become incorrect, or on which the photograph of the person to whom the identity card relates has ceased to be a recognizable image of that person, shall, on the written request of the Secretary, surrender the identity card in question to the Secretary who shall thereupon issue, free of charge, but subject to the provisions of section 16, a fresh identity card to that person.

(2) (a) Whenever it comes to the notice of a Bantu Affairs Commissioner or the Secretary that any person is in possession of an identity card on which such person’s race is reflected as native or Bantu, and also an identity card on which such person’s race is not reflected as native or Bantu, such Bantu Affairs Commissioner or the Secretary, as the case may be, shall forthwith seize the identity card on which the race of the person in question is not reflected as native or Bantu, and transmit, in the case of the Bantu Affairs Commissioner, such identity card together with the relevant particulars to the Secretary.

(b) If the identity card seized was issued to the person in question after the issue to him of the identity card on which his race is reflected as native or Bantu, the Secretary shall cancel the first-mentioned identity card.

(c) If the identity card seized had been issued to the person in question prior to the issue to him of the other identity card and the Secretary is satisfied that such person’s race is reflected correctly on the first-mentioned identity card, he shall return such identity card to the person in question.

(d) If the Secretary is not so satisfied, the provisions of section 5 (4) shall apply in the same manner in which they apply if it appears to the Secretary that any person’s classification is incorrect or, as the case may be, he doubts whether any person's classification is correct.

[Sub-s. (2) substituted by s. 5 of Act No. 106 of 1969.]

[S. 15 substituted by s. 5 of Act No. 64 of 1967.]

Photographs of persons whose names are included in the register.

16. (1) Every person whose name is included in the register, except a person who has not yet attained the age of sixteen years, shall, at his own expense and as often as it is or becomes necessary to issue an identity card to him, furnish the Secretary with two copies of a recent photograph of himself.

(2) One copy of the photograph referred to in sub-section (1) shall be attached to the identity card issued to the person concerned and the other copy shall be filed in the register.

[S. 16 amended by s. 2 of Act No. 30 of 1960.]

Particulars in register not to be published or communicated except in certain cases.

17. (1) No person employed for the purposes of this Act shall, subject to the provisions of section eight and sub-section (2) of this section, publish or communicate to any other person, otherwise than in the course of such employment and for the purposes of this Act, any information acquired by him in the course of his employment, and no person who has come into possession of any such information which to his knowledge has been communicated to him in contravention of the provisions of this section, shall publish or communicate that information to any other person.

(2) The Secretary may, notwithstanding the provisions of sub-section (1)—

(a)

furnish to any department of State for any of the purposes of that department or for the purpose of any criminal proceedings, any particulars recorded in the register in relation to any person whose name is included therein;

(b)

on payment of the prescribed fee, furnish to any person upon the written application of that person—

(i)

the last recorded address of any person whose name is included in the register;

(ii)

any other particulars recorded in the register in relation to any person whose name is included therein, provided the Secretary is satisfied that it is in the interests of the last-mentioned person to furnish such particulars.

(3) The Secretary shall not furnish any particulars to any person under paragraph (b) of sub-section (2) unless the purnoses for which the information is required, are set out fully in the written application referred to in that paragraph.

[S. 17 amended by s. 2 of Act No. 30 of 1960.]

Penalties.

18. (1) Any person who—

(a)

for the purposes of this Act knowingly makes or causes to be made a statement which is false in a material particular;

(b)

having come into possession of an identity card belonging to another person, represents it as his own;

(c)

with intent to deceive, imitates, alters, defaces, destroys or mutilates any identity card;

(d)

allows any other person to come into possession of an identity card belonging to him;

(e)

without lawful cause fails or refuses to comply with a request by the Secretary in terms of section twelve or fifteen;

[Para. (e) amended by s. 2 of Act No. 30 of 1960.]

(f)

without lawful cause fails or refuses to comply with any of the provisions of sub-section (1) of section ten or sub-section (2) of section fourteen;

(g)

contravenes any of the provisions of sub-section (1) of section seventeen,

shall be guilty of an offence and liable on conviction—

(i)

in the case of an offence referred to in paragraph (a), (b) or (c), to a fine not exceeding one hundred pounds or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment; and

(ii)

in the case of an offence referred to in paragraph (d), (e), (f) or (g) to a fine not exceeding fifty pounds.

(2) If any person whose name was included in the register has failed to lodge with the Secretary an application for an identity card in the prescribed form, completed by him or on his behalf, together with two copies of the photograph referred to in section 16 (1), as soon as practicable after it became known to him that his name had been included in the register or, if his name had been included in the register prior to his attaining the age of sixteen years, as soon as practicable after he attained that age, and such person is charged with a contravention of subsection (1) (f) of this section read with section 14, he shall have no defence that he had lawful cause for failing or refusing to comply with the provisions of the said section 14.

[Sub-s. (2) added by s. 6 of Act No. 106 of 1969.]

Evidence and presumptions.

19. (1) A person who in appearance obviously is a member of an aboriginal race or tribe of Africa shall for the purposes of this Act be presumed to be a Bantu unless it is proved that he is not in fact and is not generally accepted as such a member.

(1A) If any person for the purposes of his classification in terms of this Act or such classification of a minor of whom he is the guardian alleges that he or such minor is a white person or a coloured person or a member of any ethnic or other group, the onus of proving that he or, as the case may be, such minor is such, shall be on him, and he shall prove it beyond reasonable doubt.

[Sub-s. (1A) inserted by s. 7 of Act No. 106 of 1969.]

(1B) If in any form or return referred to in section 3 or 9 and completed by or in respect of any person or in an application for an identity card completed by or on behalf of any person there appears a statement to the effect that such person is a member of any race or group into which coloured persons may be classified, it shall be assumed that on the date on which such form, return or application was so completed, and at all times thereafter, such person was accepted as such a member, unless he proves that on that date he was not accepted as such a member.

[Sub-s. (1B) inserted by s. 7 of Act No. 106 of 1969.]

(1C) Subject to the other provisions of this Act hearsay evidence of declarations as to pedigree shall not be admissible in evidence in proceedings before a board.

[Sub-s. (1C) inserted by s. 7 of Act No. 106 of 1969.]

(2) It shall be no defence to a charge under section 18 (f) for failing to comply with the provisions of section 14 (2), that the name of the accused has not been included in the register or that an identity card has not been issued to him, unless he proves that it was not due to any failure or neglect on his part.

(3) If in any prosecution under section 18 (c) it is proved that any identity card was imitated, altered, defaced, destroyed or mutilated, it shall be presumed, until the contrary is proved, that such identity card was imitated, altered, defaced, destroyed or mutilated with intent to deceive.

[S. 19 substituted by s. 6 of Act No. 64 of 1967.]

Regulations.

20. (1) The Governor-General may make regulations as to—

(a)

the form of identity cards;

(b)

the manner in which and the conditions subject to which an identity card shall be delivered to the person to whom it relates;

(c)

the issue of duplicate identity cards, the circumstances under and the conditions subject to which they may be issued and the fees payable therefor;

(d)

the surrender or seizure of identity cards relating to deceased persons, persons who leave the Union permanently, or persons who have in terms of sub-section (1) of section twenty-one been exempted from those provisions of this Act which relate to the production of identity cards;

(e)

the period of validity of identity cards issued to all persons generally or to any particular class of persons, and the issue of fresh identity cards to replace identity cards which have lapsed;

(f)

the size of and the requirements with which a photograph referred to in section sixteen shall comply;

(g)

the proper maintenance of the register and the particulars recorded therein;

(h)

the compilation, in relation to any class of persons whose names are included in the register, of family registers, the maintenance of such family registers and the particulars to be recorded therein;

and generally, as to all matters which by this Act are required or permitted to be prescribed or which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

(2) Any regulations made under sub-section (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of fifty pounds or imprisonment for a period of six months.

(3) Any regulations made under sub-section (1) shall be laid on the Tables of both Houses of Parliament within fourteen days after promulgation thereof if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Tables for at least twenty-eight consecutive days, and if Parliament is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Tables as aforesaid within fourteen days after the commencement of its next ensuing ordinary session.

(4) If both Houses of Parliament by resolution passed in the same session (being a session during which such regulations have been laid on the Tables of both Houses of Parliament in terms of sub-section (3)) disapprove of any such regulations or of any provision thereof, such regulations or such provision thereof shall thereafter cease to be of force and effect to the extent to which they are so disapproved, but without prejudice to the validity of anything done in terms of such regulations or of such provision thereof up to the date upon which they so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such regulations or such provision thereof.

Certain classes of persons may be exempted from provisions of this Act.

21. (1) The Governor-General may by proclamation in the Gazette exclude, for a specified or unspecified period, from the provisions of this Act or exempt, for a specified or unspecified period and either unconditionally or subject to such conditions as may be prescribed in the proclamation, from any specified provisions thereof—

(a)

persons employed in the Union in the service of a foreign government (other than persons engaged locally);

(b)

members of any military, naval or air force of the Union or any other government;

(c)

officers and crews of ships or aircraft calling temporarily at Union ports;

(d)

any other class of persons, or persons or class of persons ordinarily resident in any specified area, the generality of the provisions of this paragraph not being limited by the provisions of the preceding paragraphs,

and may in like manner amend or withdraw any such proclamation.

(2) Paragraph (d) of sub-section (1) shall not be construed as authorizing the Governor-General to exclude from the provisions of this Act persons whose names were at any time after the fixed date required under this Act to be included in the register, or to exempt from any of the provisions of this Act any persons who were at any time after the date fixed in terms of section fourteen subject to those provisions.

(3) An immigration officer may, subject to the directions of the Minister and for such period of not exceeding six months as he may deem fit, exempt from those provisions of this Act which relate to the production of identity cards, any person who enters the Union for a temporary purpose.

(4) The Secretary may extend any period for which an exemption has been granted under sub-section (3) by such further period or periods as he may deem fit.

(5) An immigration officer shall forthwith advise the Secretary of every exemption granted by him in terms of sub-section (3) and every such exemption and every extension of such exemption under sub-section (4) shall be noted by the immigration officer or the Secretary, as the case may be, on the passport of the person concerned.

(6) The provisions of this Act relating to the issue of identity cards shall not, during the period of an exemption granted under sub-section (3) or during an extension of such period under sub-section (4), apply in respect of the person to whom the exemption relates.

[S. 21 amended by s. 2 of Act No. 30 of 1960.]

Effect of amendments to Act.

21A. (1) The provisions of this Act as they exist immediately after the commencement of the Population Registration Amendment Act, 1969, and the provisions of Proclamation No. 123 of 1967 shall apply—

(a)

in considering, for the purposes of subsection (4) of section 5, the correctness or otherwise of the classification of any person, and in classifying any such person in terms or by virtue of the provisions of paragraph (a) or (b) of that subsection;

(b)

for the purposes of every decision given by a board after the said commencement, irrespective of the date on which the case concerned was referred to the board;

(c)

with reference to the classification of any person in any other case, except any case contemplated in subsection (2).

(2) An appeal in terms of section 11 against a decision of a board given prior to the commencement of the Population Registration Amendment Act, 1969, shall, subject to the provisions of subsection (3) of this section, be decided in accordance with the provisions of this Act as they existed on the date on which the relevant decision of the board in question was given, but without having regard to any retrospective effect of any provision of this Act, and in accordance with the provisions of Proclamation No. 123 of 1967.

(3) No objection by any person against the classification of any other person (save an objection by any person against the classification of a minor of whom he is the guardian) shall be considered by any board or any division of the Supreme Court of South Africa or, if it has been considered by any board or any such division, further considered or decided on, irrespective of the date on which such objection was lodged with the Secretary.

(4) Any classification made or purporting to have been made in terms of section 5 (1) prior to the commencement of Proclamation No. 46 of 1959, and any classification made or purporting to have been made in accordance with the provisions of the said Proclamation No. 46 and Proclamation No. 27 of 1961 which could be made in accordance with the provisions of Proclamation No. 123 of 1967, shall be deemed to have been made in accordance with the last-mentioned provisions and on the date on which it was so made or so purports to have been made.

(5) If the name of any person has been included in the register and an indication of the race or group to which he belongs is given therein, he shall be deemed to have been classified in terms of section 5 as a member of that race or group.

(6) A classification purporting to have been made in terms of section 5 (1) shall not be invalid merely on the ground of the fact that the person by whom such classification purports to have been made was not duly authorized thereto.

[S. 21A inserted by s. 8 of Act No. 106 of 1969.]

Extension of application of Act.

22. The Governor-General may, after consultation with the Executive Committee of the territory of South-West Africa, by proclamation in the Gazette and subject to such conditions, modifications and exceptions as may be prescribed in the proclamation, apply the provisions of this Act to the said territory.

[S. 23 repealed by s. 16 of Act No. 73 of 1957.]

Short title.

24. This Act shall be called the Population Registration Act, 1950.