Population Registration Act, 1950/1962-05-29

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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

E IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

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);

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

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

“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;

“native” means a person who in fact is or is generally accepted as a member of any aboriginal race or tribe of Africa;

“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 officer acting under a delegation from or under the control or direction of the Secretary for the Interior;

“this Act” includes the regulations;

“white person” means a person who—

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

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 native or a coloured person unless it is proved that the admission is not based on fact.

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.

11. (1) Any person who considers himself aggrieved by his classification by the Secretary 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, or such longer period not exceeding one year as the Minister may allow, after the said classification became known to him, and not later, object in writing to the Secretary 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 Secretary to the person to whose classification the objection relates.

(3) Every objection received by the Secretary 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 Secretary in terms of sub-section (2) against the classification of any other person, shall deposit with the Secretary 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 Secretary 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 Secretary: 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.

12. The Secretary may—

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;

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.