Population Registration Act, 1950/1956-06-22

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as amended by

Population Registration Amendment Act, No. 71 of 1956

11. (1) Any person who considers himself aggrieved by his classification by the Director in terms of section five and any person who has any objection to the classification of any other person in terms of the said section, may within thirty days after the said classification became known to him or after the commencement of the Population Registration Amendment Act, 1956, whichever is the later, object in writing to the Director against that classification.

(2) Every such objection shall be lodged in duplicate and shall be accompanied by an affidavit in duplicate setting forth fully the grounds upon which the objection is made, and if the objection relates to the classification of a person other than the objector, a copy of the objection and the affidavit shall be transmitted by the Director to the person to whose classification the objection relates.

(3) Every objection received by the Director in terms of sub-section (2) shall be referred by him for decision to a board of not less than three persons, including the chairman, constituted for the purpose 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: Provided that no objection which relates to the classification of a person other than the objector shall be so referred for decision unless the objector has paid the deposit referred to in sub-section (4).

(4) Every person who lodges an objection with the Director in terms of sub-section (2) against the classification of any other person, shall deposit with the Director an amount of ten pounds which amount shall—

if the objection is sustained by the board to which it has been referred for decision in terms of sub-section (3), be refunded to the objector; or

if the objection is rejected by the board, be forfeited to the State.

(5) The provisions of the Commissions Act, 1947 (Act No. 8 of 1947), except section one thereof, shall apply mutatis mutandis with reference to any board constituted under sub-section (3) of this section: Provided that the Director and every objector and every person in regard to whose classification the objection has been made, 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 may elect.

(6) A board may, if it is satisfied that an objection made in terms of sub-section (1) against the classification of a person other than the objector is unfounded or frivolous or vexatious, order the objector to pay to the person against whose classification the objection has been made, an amount not exceeding an amount equal to the reasonable costs incurred by the latter in connection with his appearance at the hearing of the objection, and any such order shall have all the effects of and may be executed as if it were a civil judgment of a magistrate’s court.

(7) The decision of a board shall be final and binding upon all persons including the Director: Provided that any person who considers himself aggrieved by a decision of a board in regard to his own classification may within thirty days after the decision of the board has been given, 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 such person is ordinarily resident.

(8) The division of the said Supreme Court to which appeal is made shall enquire into and consider the matter and shall confirm, vary or set aside the decision of the board, or give such other decision as in its opinion the board ought to have given, and may make such order as to costs as it may deem fit.

(9) Any judgment given or order made by a provincial or local division of the said Supreme Court in terms of sub-section (8), 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: Provided that no person other than the person whose classification in terms of section five is the subject of the judgment or order shall have a right of appeal to the said Appellate Division unless an order of costs has been made against such person.

(10) Any decision by the court in terms of sub-section (8) or (9) relating to the classification of any person shall, for the purpose of this Act, be deemed to be the decision of a board.

(11) A member of a 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.

13. (1) The Director shall, as soon as practicable after the inclusion in the register of the name of any person who has attained the age of sixteen years or after any person whose name has been so included, attains the age of sixteen years, and subject to the succeeding provisions of this section, issue an identity card to that person.

(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—

his name and sex;

his classification in terms of section five;

his citizenship or nationality;

his identity number;

a recent photograph of himself; and

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—

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

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

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

(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 native, the identity card issued to him shall contain the following particulars and no other particulars in relation to him whatsoever, namely—

his name and sex;

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

his identity number;

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

the date of issue of the identity card.

19. (1) A person who in appearance obviously is a white person shall for the purposes of this Act be presumed to be a white person until the contrary is proved.

(1)bis. 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 native unless it is proved that he is not in fact and is not generally accepted as such a member.

(2) It shall be no defence to a charge under paragraph (f) of section eighteen for failing to comply with the provisions of sub-section (2) of section fourteen 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 paragraph (c) of section eighteen 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.