Population Registration Act, 1950/1969-06-27

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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 Bantu Laws Amendment Act, No. 42 of 1964 Population Registration Amendment Act, No. 64 of 1967 Population Registration Amendment Act, No. 106 of 1969

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. (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;

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

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

“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;

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

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

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;

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;

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—

is ordinarily resident;

is employed or carries on business; 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;

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—

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

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

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;

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.

(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.

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.

(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.

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

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

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;

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;

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

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;

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.

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

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

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

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.

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

(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.

(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.

(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.

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.

(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 Secretary 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 Bantu, 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 Bantu 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 Bantu who is not a South African citizen, his fingerprints; and

the date of issue of the identity card.

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.

18. (1) Any person who—

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

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

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

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

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

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;

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

shall be guilty of an offence and liable on conviction—

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

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.

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.

(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.

(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.

(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.

 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—

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;

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;

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.

