Population Registration Act, 1950/1984-09-03

​

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 National 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 Population Registration Amendment Act, No. 35 of 1980 Laws on Co-operation and Development Second Amendment Act, No. 94 of 1980 Population Registration Amendment Act, No. 101 of 1982 Population Registration and Elections Amendment Act, No. 103 1984

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);

“authorized representative” means a person or body appointed under subsection (6) of this section as a representative of the Department of Internal Affairs;

“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;

“certificate of particulars of birth” means a certificate of particulars of birth referred to in section 13 (1) (i);

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

“Commissioner” means a Commissioner appointed under the Black Administration Act, 1927 (Act No. 38 of 1927);

“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 (1) (ii) and also an identity document referred to in section 13 (1) immediately prior to the amendment thereof by section 4 (a) of the Population Registration Amendment Act, 1980, and includes—

except for the purposes of 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 that 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 Internal Affairs;

“ordinary place of residence”, with reference to any person, means, subject to subsection (4) of this section, the place where the person concerned is ordinarily resident;

“prescribed” means prescribed by regulation;

“regional representative” means a regional representative designated as such under subsection (5) of this section and, as from a date fixed by the State President by proclamation in the Gazette, includes a Commissioner in respect of the area for which he has been appointed;

“register” means the register referred to in section two;

“regulation” means a regulation made under section twenty;

“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.

(4) For the purposes of this Act the ordinary place of residence of—

a student at a university, university college, teachers’ training college, technikon, industrial school, technical high school or commercial high school or any other college or school, shall be deemed to be the place where he actually resides for the purpose of receiving training at the university, college or school concerned;

a person undergoing continuous or full-time training in terms of the provisions of section 22 or by virtue of the second proviso to section 2 (1) of the Defence Act, 1957 (Act No. 44 of 1957), or by virtue of section 33 of the Police Act, 1958 (Act No. 7 of 1958), or basic training as a warder in the Prisons Service of the Department of Justice or as a constable in the South African Railways Police Force, shall be deemed to be the place indicated by him as his residential address on any document completed by him in connection with and prior to the commencement of such training;

a person who, due to the nature of his occupation is required to change his place of residence often, and who does not retain a home, shall be deemed to be the place where his principal place of business is situated, or, if he is in employment, where the principal place of business of his employer, or the office or branch business of his employer from which his remuneration is paid, is situated;

a person domiciled in the Republic who is in the service of the State or of a statutory body as defined in section 1 (1) of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975), or of an institution or a body contemplated in section 84 (1) (f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961), and performs any functions outside the Republic or has been seconded to the service of the government of any other country (and the wife or child of any such person who resides with him), shall while he is engaged in such service and during a period of two months thereafter, be deemed to be the place where the head office of the State department or administration on the establishment of which he occupies a post, or the head office of the statutory body concerned or of the institution or body concerned, as the case may be, is situated or, if he expressly so requests, the place where any dwelling is situated of which he is the registered owner;

a South African citizen who has his home in an independent State on land which previously formed part of a province of the Republic, shall be deemed to be the place where the magistrate’s office in that province which is the nearest to his home, measured in a straight line, is situated;

a Minister, a Deputy Minister. a member of a House of Parliament or a member of a provincial council who on account of his official duties is obliged to reside at any particular place for at least the greater part of a year (and the wife or child of any such Minister, Deputy Minister or member who resides with him), shall be deemed to be the place where he resides for such greater part of a year: Provided that if he is an elected member for any division as defined in section 1 of the Electoral Act, 1979 (Act No. 45 of 1979), in which he or his wife is also the owner of any dwelling-house or flat and he so requests in writing to the Director-General, his ordinary place of residence shall be deemed to be the place where such dwelling-house or flat is situated: Provided further that if he so requests the Director-General in writing, the place where he ordinarily resides when not required by his official duties to live elsewhere shall be deemed to be his ordinary place of residence.

(5) The Director-General may designate any person who is the holder of a post in the public service, as a regional representative of the oepartment of Internal Affairs in respect of an area determined by the Director-General, to perform in that area the functions assigned to a regional representative by or under this Act.

(6) A regional representative may, subject to the control and directions of the Director-General, in the area in respect of which he has been designated appoint any person or body as a representative of the Department of Internal Affairs to perform in that area the functions assigned to an authorized representative by or under this Act.

2. There shall, as soon as practicable after the fixed date, be compiled by the Director-General and thereafter maintained by him, a register of the population of the Union.

3. (1) 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 Director-General 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 Director-General.

(2) The particulars required for the maintenance of the register shall be extracted by the Director-General from such records as may be available to him.

5. (1) Every person whose name is included in the register shall be classified by the Director-General 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 Director-General 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 Director-General 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 Director-General 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 Director-General 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.

6. (1) The Director-General shall assign an identity number to every person whose name has been included in the register.

(2) The identity number shall be compiled in the prescribed manner out of figures and shall, in addition to a serial number and a control number, consist of a reproduction, in figure codes, of the following particulars, and no other particulars whatsoever, of the person to whom it has been assigned, namely—

his sex and date of birth;

his classification in terms of section 5; and

the fact whether or not he is a South African citizen.

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 Director-General, 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 Director-General;

his classification in terms of section 5;

if he has attained the age of 16 years, his ordinary place of residence and his postal address, and if he is entitled to be registered as a voter for the purposes of the Electoral Act, 1979 (Act No. 45 of 1979), or any other Act of Parliament relating to the political representation of any race or group in any council or body, the electoral division and polling district in respect of which he is so entitled;

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 Director-General;

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

particulars concerning passports and permits to leave the Republic granted to him;

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 occupation; {{SLan|Para. (l) substituted by s. 4 (e) of Act No. 101 of 1982.}}

{{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 Director-General, 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}} {{anchor|s9}}{{Right sidenote|Persons to furnish particulars to Director-General for the inclusion in the register of their names or the names of their wards who have not attained the age of sixteen years.}} 9. (1) If the name of any person whose name is by this Act required to be included in the register, does not appear on the register, that person or, if that person has not attained the age of sixteen years, his guardian, shall furnish the Director-General in the prescribed form with such particulars in regard to himself or, as the case may be, his ward under the age of sixteen years, as may be necessary for the inclusion in the register of his or his ward’s name.

(2) In the application of subsection (1) the furnishing of particulars for the registration of a birth in the form prescribed in terms of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963), or deemed in terms of the said Act to be so prescribed, shall in the case of a person born in the Republic after the fixed date, be deemed to be also the furnishing of particulars for the purposes of that subsection in the form referred to therein. {{SLan|Sub-s. (2) added by s. 3 of Act No. 64 of 1967.}}

{{SLan|S. 9 amended by s. 2 of Act No. 30 of 1960.}}

{{anchor|s10}}{{Right sidenote|Notification of change of residence and postal address.}} 10. (1) Every person whose name is included in the register shall, if he has attained the age of 16 years and an identity document has thereafter been issued to him, within 14 days or, in a particular case, such longer period as the Director-General or a re­gional representative or an authorized representative may allow, after any permanent change of his ordinary place of residence or his postal address, notify a regional representative or an authorized representative in the prescribed manner of that change of residence or postal address.

(2) Any person who employs any other person or grants permission to any other person to take up permanent residence on land or premises belonging to the first-mentioned person or in respect of which he is competent to grant such permission, shall within 14 days after the employment or the taking up of such residence take or cause to be taken the prescribed steps to ascertain—

whether that other person is in possession of an identity document issued to him; and

if he is in possession of such an identity document and his ordinary place of residence or his postal address has changed as a result of the employment or the taking up of such residence, whether he has notified a regional representative or an authorized representative of the change, as contemplated in subsection (1); or

if he is not in possession of such an identity document—

whether he is a person of or over the age of 16 years whose name is required to be included in the register; and

if he is such a person, whether he has applied for an identity document in terms of section 13 (1).

(3) If the person who has taken or caused to be taken the steps referred to in subsection (2) ascertains—

that a regional representative or an authorized representative has not, as contemplated in paragraph (b) of that subsection, been notified of any change, in the circumstances so contemplated, of the ordinary place of residence or postal address of the other person concerned, he shall within 28 days after the employment of that other person or after he has taken up residence on the land or premises in question, in writing notify a regional representative or an authorized representative of the change, and in the notification furnish the full name and identity number of that other person; or

that the other person concerned has not, in the circumstances contemplated in paragraph (c) (ii) of that subsection, applied for an identity document, he shall within the said period of 28 days notify a regional representative or an authorized representative accordingly in writing and take such other steps as may be prescribed.

(4) Any person who has been employed or granted permission to take up permanent residence on land or premises by any other person as is contemplated in subsection (2), shall within 14 days after the employment or the taking up of such residence furnish the employer concerned or the person who granted such permission with the information necessary to enable him to comply with that subsection and subsection (3).

(4A) An authorized representative shall forthwith transmit each notification received by him by virtue of subsection (1) or (3) to the regional representative for the area in respect of which such authorized representative has been appointed. {{SLan|Sub-s. (4A) inserted by s. 4 (1) (a) of Act No. 103 of 1984.}}

(4B) A regional representative shall impress on each notification received by him by virtue of subsection (1), (3) or (4A) the date on which he received it. {{SLan|Sub-s. (4B) inserted by s. 4 (1) (a) of Act No. 103 of 1984.}}

(5) If the Director-General, on the ground of information at his disposal, is of the opinion that the ordinary place of residence or the postal address of any person whose name is included in the register has been changed permanently, he may record the change in the register, and shall thereupon notify the person concerned that the change has been recorded.

(6) Any change recorded in the register under subsection (5) in respect of the ordinary place of residence or postal address of any person, shall for all purposes be deemed to have been recorded in the register on the date impressed on the relevant notification in accordance with subsection (4B). {{SLan|Sub-s. (6) added by s. 4 (1) (b) of Act No. 103 of 1984.}} {{SLan|S. 10 substituted by s. 5 of Act No. 101 of 1982.}}

{{anchor|s11}}{{Right sidenote|Objections to and appeals against classification of persons in register, and constitution and functions of boards.}} 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 Director-General 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 Director-General against that classification. {{SLan|Sub-s. (1) substituted by s. 3 (a) of Act No. 106 of 1969.}}

(2) A minor may himself object in terms of subsection (1) against his classification. {{SLan|Sub-s. (2) substituted by s. 3 (b) of Act No. 106 of 1969.}}

(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 Director-General 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 Director-General and every objector and every person whose classification has in terms of the provisions of section 5 (4) been referred by the Director-General 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 document shall be admitted as evidence. {{SLan|Para. (b) substituted by s. 8 of Act No. 29 of 1970.}}

(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 Director-General, 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. {{SLan|Sub-s. (6) substituted by s. 3 (c) of Act No. 106 of 1969.}}

(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. {{SLan|Sub-s. (7) substituted by s. 3 (d) of Act No. 106 of 1969.}}

(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. {{SLan|S. 11 substituted by s. 4 of Act No. 64 of 1967.}}

{{anchor|s12}}{{Right sidenote|Director-General may require proof of correctness of particulars furnished for purposes of this Act.}} 12. The Director-General 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.

{{SLan|S. 12 amended by s. 2 of Act No. 30 of 1960 and by s. 4 of Act No. 61 of 1962.}}

{{anchor|s13}}{{Right sidenote|Identity documents.}} 13. (1) The Director-General 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 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), and who has attained the age of 16 years, together with two copies of the photograph referred to in section 16 (1),

and subject to the succeeding provisions of this section—

in the case where such person has not attained the age of 16 years, issue a certificate of particulars of birth to him;

in the case where such person has attained the age of 16 years, issue an identity document to him:

Provided that such certificate or such document shall not be issued to any person to whom a certificate of citizenship has been issued in terms of the National States Citizenship Act, 1970 (Act No. 26 of 1970). {{SLan|Sub-s. (1) amended by s. 4 (a) of Act No. 35 of 1980.}}

(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— {{SLeb|pad=y}} his identity number and the date of issue of the identity document;

his first names and surname (including, in the case of a woman who is or has been married, her maiden name or any former married name), sex and date of birth, and the place where or district, or, in the case of a person not born in the Republic, the country in which he was born; {{SLan|Para. (b) substituted by s. 5 (1) (a) of Act No. 103 of 1984.}}

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

{{SLi|(cA)}} his signature; {{SLan|Para. (cA) inserted by s. 6 (d) of Act No. 101 of 1982.}}

a recent photograph of himself; {{SLan|Para. (d) substituted by s. 4 (b) of Act No. 35 of 1980.}}

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;

{{SLan|Para. (f) deleted by s. 4 (c) of Act No. 35 of 1980.}}

{{SLan|Para. (g) deleted by s. 4 (c) of Act No. 35 of 1980.}}

{{SLi|(h)}} 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 Act, 1979 (Act No. 45 of 1979), 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; {{SLan|Para. (k) amended by s. 6 (f) of Act No. 101 of 1982.}}

{{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.

{{SLan|Para. (m) deleted by s. 4 (c) of Act No. 35 of 1980.}}

(2A) A certificate of particulars of birth shall contain only the following relevant particulars, and no other particulars whatsoever, in respect of the person to whom it relates, namely— {{SLeb|pad=y}} his identity number;

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. {{SLee}} {{SLan|Sub-s. (2A) inserted by s. 4 (d) of Act No. 35 of 1980.}}

(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— {{SLeb|pad=y}} the particulars referred to in paragraphs (a) to (e), inclusive, and (h) to (l), inclusive, of subsection (2); {{SLan|Para. (a) substituted by s. 4 (e) of Act No. 35 of 1980.}}

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

if he is not a South African citizen, his fingerprints. {{SLee}} (4) An identity document issued prior to the amendment of subsection (1) by section 4 (a) of the Population Registration Amendment Act, 1980, in terms of that subsection to a person who had not attained the age of sixteen years, shall lapse on such person’s attaining that age. {{SLan|Sub-s. (4) substituted by s. 4 (f) of Act No. 35 of 1980.}}

(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) or (b) of this Act, be deemed to have been issued to him in terms of this section. {{SLan|Sub-s. (5) substituted by s. 5 (1) (c) of Act No. 103 of 1984.}} {{SLan|S. 13 substituted by s. 9 of Act No. 29 of 1970.}}

{{#lst:Population Registration Act, 1950/1980-08-01|s14}} {{anchor|s15}}{{Right sidenote|Surrender or seizure of identity documents which reflect incorrect particulars.}} 15. (1) Any person to whom an identity document or a certificate of particulars of birth 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 Director-General 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 Director-General, surrender the identity document or certificate of particulars of birth in question to the Director-General who shall thereupon issue, free of charge, but subject to the provisions of section 16, a fresh identity document or certificate of particulars of birth, as the case may be, to that person. {{SLan|Sub-s. (1) substituted by s. 5 (a) of Act No. 35 of 1980.}}

(2) (a) Whenever it comes to the notice of a Commissioner or the Director-General that any person to whom an identity document or a certificate of particulars of birth on which such person’s race is reflected as Black has been issued, is in possession of an identity document or a certificate of particulars of birth on which such person’s race is not reflected as Black, such Commissioner or the Director-General, as the case may be, shall forthwith seize the identity document or certificate of particulars of birth on which the race of the person in question is not reflected as Black, and transmit, in the case of the Commissioner, such identity document or certificate of particulars of birth together with the relevant particulars to the Director-General. {{SLan|Para. (a) substituted by s. 5 (b) of Act No. 35 of 1980.}}

(b) If the identity document or certificate of particulars of birth seized was issued to the person in question after the issue to him of the identity document or certificate of particulars of birth on which his race is reflected as Black, the Director-General shall cancel the first-mentioned identity document or certificate of particulars of birth, as he case may be. {{SLan|Para. (b) substituted by s. 5 (b) of Act No. 35 of 1980.}}

(c) If the identity document or certificate of particulars of birth seized had been issued to the person in question prior to the issue to him of the other identity document or certificate of particulars of birth and the Director-General is satisfied that such person’s race is reflected correctly on the first-mentioned identity document or certificate of particulars of birth, as the case may be, he shall return such identity document or certificate of particulars of birth to the person in question. {{SLan|Para. (c) substituted by s. 5 (b) of Act No. 35 of 1980.}}

(d) If the Director-General 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 Director-General 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.}}

 {{anchor|s15A}}{{Right sidenote|Surrender or seizure of identity documents of deceased persons.}} 15A. (1) Any person who has in his possession a document being or purporting to be an uncancelled identity document of a person who is deceased, shall— {{SLeb|pad=y}} {{SLi|(a)}} in the case of a person who was deceased before the commencement of section 6 of the Population Registration and Elections Amendment Act, 1984, within 30 days after that commencement, or, if such document came into his possession after such commencement, within 30 days after the document came into his possession; or

{{SLi|(b)}} in the case of a person who was deceased on or after the day of that commencement, within 30 days after such person was deceased, or, if such document came his possession after such person was deceased, within 30 days after the document came into his possession, {{SLee}} surrender or forward by post for cancellation such document to a regional representative or an authorized representative or to a person designated under section 3 of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963), as a registrar or assistant registrar of births and deaths.

(2) A document surrendered or forwarded to a regional representative or an authorized representative or to such a registrar or an assistant registrar shall upon receipt thereof forthwith be cancelled in the prescribed manner and, unless a relation of the deceased person has intimated in writing that he wants it, be disposed of.

(3) Whenever it comes to the notice of a regional representative that any person is in possession of a document being or purporting to be an uncancelled identity document of a person who is deceased, he shall forthwith seize that document, and thereupon the provisions of subsection (2) shall mutatis mutandis apply in respect of that document. {{SLan|S. 15A inserted by s. 6 of Act No. 103 of 1984.}}

 {{anchor|s16}}{{Right sidenote|Photographs of persons whose names are included in the register.}} 16. (1) Every person whose name is included in the register, except a person who has not attained the age of sixteen years, shall, at his own expense and as often as it is or becomes necessary to issue an identity document to him, furnish the Director-General with two copies of a recent photograph of himself, and whenever a photograph of which copies have been so furnished, is no longer a recognizable image of the person concerned, he shall again so furnish the Director-General with two copies of a recent photograph of himself.

(2) One copy of a photograph referred to in subsection (1) shall be placed in the identity document issued to the person concerned, and the other copy shall be filed in the register, in the case of copies of a new photograph of the person concerned, in substitution of the copies of the old photograph of himself. {{SLan|S. 16 substituted by s. 12 of Act No. 29 of 1970.}}

{{anchor|s17}}{{Right sidenote|Particulars in register and identity documents not to be published or communicated except in certain cases.}} 17. (1) No person employed for the purposes of this Act, no person to whom an identity document is produced in terms of section 14 or the regulations or an identity document or a certificate of particulars of birth is produced in terms of any other law, and no person making an entry in any identity document in terms or by virtue of the provisions of this Act or any other law, shall, subject to the provisions of subsection (2), publish or communicate to any other person, otherwise than for the purposes of this Act or any criminal proceedings or the performance of his functions in terms of any other law, any information thereby acquired by him, and no person who has come into possession of any such information which to his knowledge has been communicated to him in contravention of the provisions of this section, shall publish or communicate to any other person that information. {{SLan|Sub-s. (1) substituted by s. 6 of Act No. 35 of 1980.}}

(2) The Director-General may, notwithstanding the provisions of subsection (1)— {{SLeb|pad=y}} {{SLi|(a)}} furnish any department of State, any local authority or any statutory body, for any of the purposes of that department, authority or body, with any particulars recorded in the register in relation to any person whose name is included therein;

{{SLi|(b)}} on payment of the prescribed fee, if any, furnish any person upon written application by him with any particulars recorded in the register in relation to any person whose name is included therein, provided the Director-General is satisfied that it is in the interests of the last-mentioned person to furnish such particulars. {{SLee}}

(3) The Director-General shall not furnish any person with any particulars under paragraph (b) of subsection (2) unless the purposes for which the information is required, are set out fully in the written application referred to in that paragraph. {{SLan|S. 17 substituted by s. 13 of Act No. 29 of 1970.}}

{{anchor|s18}}{{Right sidenote|Offences and penalties.}} 18. (1) Any person who— {{SLeb|pad=y}} {{SLi|(a)}} for the purposes of this Act knowingly makes or causes to be made a statement which is false in a material particular;

{{SLi|(b)}} having come into possession of an identity document or a certificate of particulars of birth belonging to another person, represents it as his own or fails to dispatch it or hand it over as soon as practicable to the person to whom it belongs or to the Director-General; {{SLan|Para. (b) substituted by s. 7 of Act No. 35 of 1980.}}

{{SLi|(c)}} with intent to deceive, imitates, alters, defaces, destroys or mutilates any identity document or certificate of particulars of birth; {{SLan|Para. (c) substituted by s. 7 of Act No. 35 of 1980.}}

allows any other person to come into possession of an identity document or a certificate of particulars of birth belonging to him; {{SLan|Para. (d) substituted by s. 7 of Act No. 35 of 1980.}}

without lawful cause fails or refuses to comply with a request by the Director-General in terms of section 12 or 15;

without lawful cause fails or refuses to comply with any of the provisions of section 10, 14 (2) or 15A (1); {{SLan|Para. (f) substituted by s. 7 (a) of Act No. 103 of 1984.}}

contravenes any of the provisions of section 17 (1);

{{SLi|(h)}} being the guardian of any person under the age of sixteen years, fails to comply with the provisions of section 9 with reference to such person;

{{SLi|(i)}} knowingly pretends that any incorrect particulars in an identification document or a certificate of particulars of birth are correct; {{SLan|Para. (i) substituted by s. 7 of Act No. 35 of 1980.}}

{{SLi|(j)}} without lawful cause fails to notify the Director-General of any incorrect particulars in his identity document or his certificate of particulars of birth; {{SLan|Para. (j) substituted by s. 7 of Act No. 35 of 1980.}}

{{SLi|(k)}} at any time after a new identity document was issued to him, is in possession or regains possession of an identity document previously issued to him under section 13 (1) (ii) or under section 13 (1) as that section existed immediately prior to the amendment thereof by section 4 (a) of the Population Registration Amendment Act, 1980 (Act No. 35 of 1980), and without lawful cause fails to return for cancellation and disposal such previous identity document to the Director-General within 14 days after the new identity document was issued to him or after he regained possession of the previous identity document, as the case may be, {{SLan|Para. (k) inserted by s. 7 (b) of Act No. 103 of 1984.}} {{SLee}} shall be guilty of an offence and liable on conviction— {{SLeb|pad=y}} {{SLi|(i)}} in the case of an offence referred to in paragraph (a), (b), (c) or (k), to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment; and {{SLan|Para. (i) substituted by s. 7 (c) of Act No. 103 of 1984.}}

{{SLi|(ii)}} in the case of an offence referred to in paragraph (d), (e), (f), (g), (h), (i) or (j) to a fine not exceeding one hundred rand. {{SLee}}

(2) If any person whose name was included in the register after he had attained the age of sixteen years has failed to lodge with the Director-General, as soon as practicable after it became known to him that his name had been included in the register or, if any person whose name had been included in the register prior to his attaining the age of sixteen years has failed to lodge with the Director-General, as soon as practicable after he attained that age, an application for an identity document in the prescribed form, completed by him or on his behalf, together with two copies of the photograph referred to in section 16 (1), 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. {{SLan|S. 18 substituted by s. 14 of Act No. 29 of 1970.}}

{{#lst:Population Registration Act, 1950/1980-06-01|s19}} {{#lst:Population Registration Act, 1950/1980-06-01|s20}} {{#lst:Population Registration Act, 1950/1972-02-01|s21}}  {{anchor|s21A}}{{Right sidenote|Effect of amendments to Act.}} 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— {{SLeb|pad=y}} {{SLi|(a)}} 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;

{{SLi|(b)}} 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;

{{SLi|(c)}} with reference to the classification of any person in any other case, except any case contemplated in subsection (2). {{SLee}}

(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 Director-General.

(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. {{SLan|S. 21A inserted by s. 8 of Act No. 106 of 1969.}}

 {{#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}}