Population Registration Act, 1950/1973-04-18

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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 Bantu Homelands Citizenship Act, No. 26 of 1970 Population Registration Amendment Act, No. 29 of 1970 Population Registration and Identity Documents Amendment Act, No. 36 of 1973

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 document” means an identity document referred to in section 13, and includes—

except for the purposes of the said section 13 and, after a date fixed by the State President by proclamation in the Gazette, section 14, an identity card referred to in the said section 13 as the said section existed prior to the substitution thereof by section 9 of the Population Registration Amendment Act, 1970; and

in the application of section 15 with reference to a Bantu, a reference book issued to a Bantu under the Bantu (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952);

“identity number” means an identity number referred to in section 6;

“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; or

any person acting under a delegation from or under the 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 document 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) When in any form or return referred to in section 3 or 9 or in any application for an identity document 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.

15. (1) Any person to whom an identity document 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 document relates has ceased to be a recognizable image of that person, and the guardian of that person, if he has not attained the age of sixteen years, shall, on the written request of the Secretary, surrender the identity document in question to the Secretary who shall thereupon issue, free of charge, but subject to the provisions of section 16, a fresh identity document to that person.

(2) (a) Whenever it comes to the notice of a Bantu Affairs Commissioner or the Secretary that any person to whom an identity document on which such person’s race is reflected as native or Bantu has been issued, is in possession of an identity document 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 document 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 document together with the relevant particulars to the Secretary.

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

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

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 document 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.

(1D) If a reference book has under the Bantu (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952), been issued to any person, such person shall for the purposes of this Act be deemed to have been notified, on the date on which such reference book was so issued to him, that he has been classified as a member of the ethnic group indicated in such reference book.

(2) It shall be no defence to a charge under section 18 (1) (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 document 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 (1) (c) it is proved that any identity document was imitated, altered, defaced, destroyed or mutilated, it shall be presumed, until the contrary is proved, that such identity document was imitated, altered, defaced, destroyed or mutilated with intent to deceive.