Population Registration Act, 1950/1978-08-01

​

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 Black Laws Amendment Act, No. 42 of 1964 Population Registration Amendment Act, No. 64 of 1967 Population Registration Amendment Act, No. 106 of 1969 Black States 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 Population Registration and Identity Documents in South-West Africa Amendment Act, No. 33 of 1977 Second Black Laws Amendment Act, No. 102 of 1978

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);

“Black” 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 Black;

“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 Black, a reference book issued to a Black under the Blacks (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 Black 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 Black, 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 Black 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 Black 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.

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 Black, as the case may be, and every coloured person and every Black 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 Blacks 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 Black;

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 Black if his natural parents have both been classified as Blacks;

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 Black;

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.

7. (1) There shall, in respect of every person whose name is included in the register, other than of a Black, be included in the register the following relevant particulars available to the Secretary, and no other particulars whatsoever, namely—

his identity number;

the required particulars furnished when notice of his birth was given or, in the absence of such notification, the particulars in respect of his name, sex, date of birth and place of birth acceptable to the Secretary;

his classification in terms of section 5;

his ordinary place of residence and his postal address, and the electoral division and polling district for the purposes of the Electoral Consolidation Act, 1946 (Act No. 46 of 1946), or any other Act of Parliament relating to the political representation of any race or group in any council or body, in which his ordinary place of residence is situated;

if he is a South African citizen but he is not such a citizen by birth, the date of his naturalization or registration as such a citizen, and, if he is an alien and was not born in the Republic, the date of his arrival in the Republic, and the country of his origin;

the particulars as to his marriage contained in the marriage register concerned or any other documents relating to the contracting of his marriage, and such other particulars as to his married state as may be furnished to the Secretary;

a recent photograph of himself, if he has attained the age of sixteen years;

particulars of his compulsory immunization against poliomyelitis, tuberculosis and small-pox;

particulars concerning passports and permits to leave the Republic granted to him, and the dates of his departure from and return to the Republic;

particulars concerning applications for driver’s licences, and driver’s licences issued or valid under or by virtue of an ordinance of a Provincial Council or the Legislative Assembly of the territory of South-West Africa;

{{SLi|(k) the particulars recorded in terms of section 42 (1) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), in the register mentioned therein;

his educational qualifications and occupation;

{{SLi|(m)}} the official language in which he wishes to be served for the purposes of this Act; and

{{SLi|(n)}} after his death, the required particulars furnished when notice of his death was given, and on permanent departure from the Republic, except for the territory of South-West Africa, the date of such departure.

(2) There shall, in respect of every Black whose name is included in the register, be included in the register the following relevant particulars available to the Secretary, and no other particulars whatsoever, namely—

the particulars referred to in paragraphs (a) to (n), both inclusive, of subsection (1);

the district in which he is ordinarily resident;

the ethnic group or nation and tribe to which he belongs;

if his date of birth is unknown, the year in which he was born or, if it is unknown, the estimated year in which he was born, and, if his place of birth is unknown, the district in which he was born; and

if he is not a South African citizen, his fingerprints.

{{SLan|S. 7 substituted by s. 5 of Act No. 29 of 1970.}}

{{#lst:Population Registration Act, 1950/1972-02-01|s8}} {{#lst:Population Registration Act, 1950/1967-05-19|s9}} {{#lst:Population Registration Act, 1950/1977-01-01|s10}} {{#lst:Population Registration Act, 1950/1972-02-01|s11}} {{#lst:Population Registration Act, 1950/1962-05-29|s12}} {{anchor|s13}}{{Right sidenote|Identity documents.}} 13. (1) The Secretary shall as soon as practicable after—

the inclusion in the register of the name of any person born in the Republic or of a South African citizen born outside the Republic; or

the receipt by him of an application for an identity document in the prescribed form and completed by or on behalf of any other person whose name has been included in the register (whether before or after the commencement of section 9 of the Population Registration Amendment Act, 1970), together with, if such person has attained the age of sixteen years, two copies of the photograph referred to in section 16 (1),

and subject to the succeeding provisions of this section, issue an identity document to such person: Provided that no identity document shall be issued to any person to whom a certificate of citizenship has been issued in terms of the Black States Citizenship Act, 1970 (Act No. 26 of 1970).

(2) If a person referred to in subsection (1) is not a Black his identity document may contain only the following relevant particulars, and no other particulars whatsoever, in relation to him, namely—

his identity number and the date of issue of the identity document;

his full name, date of birth and sex, and the country in which he was born;

an indication whether or not he is a South African citizen;

a recent photograph of himself, if he has attained the age of sixteen years;

the particulars as to his marriage contained in the marriage register concerned or any other documents relating to the contracting of his marriage, and such other particulars as to his married state as he desires such document to contain;

particulars of his compulsory immunization against poliomyelitis, tuberculosis and smallpox, and, if he so desires, particulars of further immunization against poliomyelitis, tuberculosis and smallpox, and particulars of immunization against diphtheria, tetanus, gastric fever, whooping cough, yellow fever or cholera; {{SLan|Para. (f) substituted by s. 2 of Act No. 33 of 1977.}}

if he so desires, his blood group, a note that he is allergic to penicillin or any serum, and a note that he is suffering from epilepsy, haemophilia, porphyria or diabetes;

his driver’s licence issued or valid under or by virtue of an ordinance of a provincial council or the Legislative Assembly of the territory of South-West Africa;

{{SLi|(i)}} the particulars recorded in terms of section 42 (1) of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), in the register mentioned therein;

his ordinary place of residence and his postal address;

{{SLi|(k)}} after a date fixed by the State President by proclamation in the Gazette, the electoral division and polling district for the purposes of the Electoral Consolidation Act, 1946 (Act No. 46 of 1946), or any other Act of Parliament relating to the political representation of any race or group in any council or body, in which his ordinary place of residence is situated;

{{SLi|(l)}} after a date fixed by the State President by proclamation in the Gazette, if he has voted at an election in terms of any law referred to in paragraph (k), a note that he has done so;

{{SLi|(m)}} after his death, the required particulars furnished when notice of his death was given, and on permanent departure from the Republic, except for the territory of South-West Africa, the date of such departure.

(3) If the person is a Black his identity document may contain only the following relevant particulars, and no other particulars whatsoever, in relation to him, namely—

the particulars referred to in paragraphs (a) to (m), both inclusive, of subsection (2);

the ethnic group or nation and tribe to which he belongs; and

if he is not a South African citizen, his fingerprints.

(4) An identity document issued in terms of subsection (1) to a person who has not attained the age of sixteen years, shall lapse on such person’s attaining that age.

(5) An identity document issued in terms of the Identity Documents in South-West Africa Act, 1970, to any person, shall, so long as such person is such a person as is referred to in section 4 (a) of this Act, be deemed to have been issued to him in terms of this section. {{SLan|S. 13 substituted by s. 9 of Act No. 29 of 1970.}}

{{anchor|s14}}{{Right sidenote|Production of identity documents.}} 14. (1) Any peace officer (as defined in section 1 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955)), may, whenever he is under section 22 (3) of the said Act entitled to call upon any person to furnish such peace officer with his full name and address, request that person, if his name is by this Act required to be included in the register and he has attained the age of sixteen years but is not a person to whom a certificate of citizenship has in terms of the Black States Citizenship Act, 1970 (Act No. 26 of 1970), been issued, to produce to such peace officer his identity document.

(2) Every person who is in terms of subsection (1) requested by a peace officer to produce to him his identity document shall, within seven days of the date of such request, produce his identity document to that peace officer or at a police station indicated by him and recorded by the peace officer.

(3) If any person fails or refuses to indicate a police station in terms of subsection (2) the peace officer concerned shall for the purposes of that subsection indicate and record the police station which he considers nearest to the ordinary place of residence of the said person.

(4) The State President may by proclamation in the Gazette declare that the provisions of subsections (1), (2) and (3) with reference to peace officers shall mutatis mutandis apply also with reference to the persons or classes of persons specified in the proclamation and under the circumstances specified therein. {{SLan|S. 14 substituted by s. 10 of Act No. 29 of 1970.}}

{{anchor|s15}}{{Right sidenote|Surrender or seizure of identity documents which reflect incorrect particulars.}} 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 Commissioner or the Secretary that any person to whom an identity document on which such person’s race is reflected as native or Black has been issued, is in possession of an identity document on which such person’s race is not reflected as native or Black, such 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 Black, and transmit, in the case of the Commissioner, such identity document together with the relevant particulars to the Secretary. {{SLan|Para. (a) substituted by s. 3 of Act No. 36 of 1973.}}

(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 Black, 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. {{SLan|S. 15 substituted by s. 11 of Act No. 29 of 1970.}}

{{#lst:Population Registration Act, 1950/1972-02-01|s16}} {{#lst:Population Registration Act, 1950/1972-02-01|s17}} {{#lst:Population Registration Act, 1950/1972-02-01|s18}} {{anchor|s19}}{{Right sidenote|Evidence and presumptions.}} 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 Black 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. {{SLan|Sub-s. (1A) inserted by s. 7 of Act No. 106 of 1969.}}

(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. {{SLan|Sub-s. (1B) inserted by s. 7 of Act No. 106 of 1969 and substituted by s. 15 (a) of Act No. 29 of 1970.}}

(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. {{SLan|Sub-s. (1C) inserted by s. 7 of Act No. 106 of 1969.}}

(1D) If a reference book has under the Blacks (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. {{SLan|Sub-s. (1D) inserted by s. 4 of Act No. 36 of 1973.}}

(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. {{SLan|Sub-s. (2) substituted by s. 15 (b) of Act No. 29 of 1970.}}

(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. {{SLan|Sub-s. (3) substituted by s. 15 (c) of Act No. 29 of 1970.}} {{SLan|S. 19 substituted by s. 6 of Act No. 64 of 1967.}}

{{#lst:Population Registration Act, 1950/1972-02-01|s20}} {{#lst:Population Registration Act, 1950/1972-02-01|s21}} {{#lst:Population Registration Act, 1950/1969-06-27|s21A}} {{#lst:Population Registration Act, 1950/1972-02-01|s22}} {{#lst:Population Registration Act, 1950/1957-07-05|s23}} {{#lst:Page:Population Registration Act 1950.pdf/13|s24}}