Page:Identification Act 1997.pdf/8

14   No. 18485

Act No. 68, 1997 the person concerned or the guardian of the person to whom the card or certificate was issued, as the case may be, shall within the prescribed period hand over or send by registered post the identity card, temporary identity certificate or certificate, as the case may be, to the Director-General.

(2) If the identity card, temporary identity certificate or certificate referred to in subsection (1) is not handed over or sent in accordance with that subsection, the Director-General may in the prescribed manner obtain restoration thereof or seize it.

(3) If by virtue of this section the Director-General has obtained possession of—

an identity card, he or she shall, subject to section 16, without delay cancel it in the prescribed manner and, subject to sections 9 and 10, replace it with a corrected identity card; or

a temporary identity certificate or any certificate, he or she shall without delay—

effect the necessary corrections directly on the temporary identity certificate or certificate, as the case may be, if in his or her opinion it can be done; or

in the prescribed manner cancel and replace it with a corrected temporary identity certificate or appropriate certificate, as the case may be.

(4) When it comes to the attention of the Director-General that an identity card has been issued to a person whose name is not required in terms of section 3 to be included in the population register, the Director-General shall request that person to return the identity card for cancellation.

Surrender or seizure of identity card of deceased person

20. (1) Any person who has in his or her possession a document being or purporting to be an uncanceled identity card of a person who has died, shall within 30 days after the document came into his or her possession, hand over or send by registered post such document for cancellation to the Director-General.

(2) A document handed over or sent to the Director-General in terms of subsection (1), shall without delay after the receipt thereof be cancelled and destroyed in the prescribed manner and, unless a relative of the deceased person indicates in writing that he or she wants it.

(3) When it comes to the attention of the Director-General that any person is in possession of a document being or purporting to be an uncanceled identity card of a person who has died, he or she shall without delay seize that document, and thereupon the provisions of subsection (2) shall mutatis mutandis apply in respect of that document.

Secrecy

21. (1) Subject to the provisions of subsections (2) and (3), no person shall publish or communicate to any other person any information recorded in the population register, an identity card, a temporary identity certificate or any certificate which he or she acquired by virtue of his or her functions in terms of any law, except for the purposes of this Act, judicial proceedings or the performance of his or her functions in terms of any other law, and no person who came into possession of any such information which to his or her knowledge has been communicated to him or her in contravention of the provisions of this section, shall publish the information or communicate it to any other person.

(2) Notwithstanding the provisions of subsection (1), the Director-General may furnish any information in respect of a person whose name is included in the population register to—

any person or institution on behalf of, and on the written instruction of, any such person;

any State department, municipality or statutory body;

any organisation, body, society or institution whose main activity is insurance business as defined in the Insurance Act, 1943 (Act No. 27 of 1943), or banking as contemplated in the Banks Act, 1990 (Act No. 94 of 1990); or

any other organisation, body, society or institution,