Population Registration Act, 1950/1973-04-18

This is the text of the Population Registration Act, 1950, as it was on 18 April 1973, after it was amended by the Population Registration and Identity Documents Amendment Act, 1973, which came into force when it was published on that date. The amendments made to sections 1 and 19 were deemed to be retroactive to 2 July 1953 and 22 June 1956 respectively.

1471336 Population Registration Act, 1950 — as at 18 April 1973 enacted by the Parliament of South Africa

To make provision for the compilation of a Register of the Population of the Union; for the issue of Identity Cards to persons whose names are included in the Register; and for matters incidental thereto.

[In terms of s. 100 of Act No. 42 of 1964, the word “Bantu” has been substituted for the word “native” or “natives” wherever they occur.]

B 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:―

“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—

(a) 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 (b) 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);

“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—

(a) the Secretary for the Interior; or (b) any person acting under a delegation from or under the direction of the Secretary for the Interior;

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

(a) 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; (b) 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;

(c) 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—

(i) is ordinarily resident; (ii) is employed or carries on business; (iii) 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; (d) 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—

(i) 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 (ii) 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

(iii) 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;

(e) 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.

(a) all persons permanently resident in the Republic; (b) all South African citizens not permanently resident in the Republic, except such citizens who are permanently resident in the territory of South-West Africa; and (c) all persons to whom identity documents have been issued in terms of the Identity Documents in South-West Africa Act, 1970:

Provided that, subject to the provisions of section 10, the other provisions of this Act, except the provisions of sections 3 and 7 (1) (a) and (b) and (d) to (n), both inclusive, shall not apply to any person referred to in paragraph (c) of this section, unless he is also such a person as is referred to in paragraph (a) thereof.

(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) a person shall be classified as a white person if his natural parents have both been classified as white persons; (b) 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; (c) 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; (d) a person shall be classified as a Bantu if his natural parents have both been classified as Bantus; (e) 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;

(f) 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.

(a) shall be applied so long as such classification has not been altered in terms of this Act; and (b) shall also apply with reference to the classification of any such parent who dies after such classification.

(a) his sex and date of birth; (b) his classification in terms of section 5; and (c) the fact whether or not he is a South African citizen.

(a) his identity number; (b) 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; (c) his classification in terms of section 5; (d) 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; (e) 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; (f) 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; (g) a recent photograph of himself, if he has attained the age of sixteen years; (h) particulars of his compulsory immunization against poliomyelitis and smallpox; (i) particulars concerning passports and permits to leave the Republic granted to him, and the dates of his departure from and return to the Republic; (j) 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; <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; (i) his educational qualifications and occupation; (m) the official language in which he wishes to be served for the purposes of this Act; and (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 Bantu 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—

(a) the particulars referred to in paragraphs (a) to (n), both inclusive, of subsection (1); (b) the district in which he is ordinarily resident; (c) the ethnic group or nation and tribe to which he belongs; (d) 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 (e) if he is not a South African citizen, his fingerprints.

(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 document 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.

(a) 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; (b) 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.

(a) 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 (b) 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 Bantu Homelands Citizenship Act, 1970 (Act No. 26 of 1970).

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

(a) his identity number and the date of issue of the identity document; (b) his full name, date of birth and sex, and the country in which he was born; (c) an indication whether or not he is a South African citizen; (d) a recent photograph of himself, if he has attained the age of sixteen years; (e) 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; (f) particulars of his compulsory immunization against poliomyelitis and smallpox, and, if he so desires, particulars of further immunization against poliomyelitis and smallpox, and particulars of immunization against diphtheria, tetanus, gastric fever, whooping cough, yellow fever or cholera; (g) 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; (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; (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; (j) his ordinary place of residence and his postal address; (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; (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; (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 Bantu his identity document may contain only the following relevant particulars, and no other particulars whatsoever, in relation to him, namely—

(a) the particulars referred to in paragraphs (a) to (m), both inclusive, of subsection (2); (b) the ethnic group or nation and tribe to which he belongs; and (c) 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.

(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.

(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; (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 Secretary is satisfied that it is in the interests of the last-mentioned person to furnish such particulars.

(3) The Secretary 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.

(a) for the purposes of this Act knowingly makes or causes to be made a statement which is false in a material particular; (b) having come into possession of an identity document 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 Secretary; (c) with intent to deceive, imitates, alters, defaces, destroys or mutilates any identity document; (d) allows any other person to come into possession of an identity document belonging to him; (e) without lawful cause fails or refuses to comply with a request by the Secretary in terms of section 12 or 15; (f) without lawful cause fails or refuses to comply with any of the provisions of section 10 or section 14 (2); (g) contravenes any of the provisions of section 17 (1); (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; (i) knowingly pretends that any incorrect particulars in an identification document are correct; (j) without lawful cause fails to notify the Secretary of any incorrect particulars in his identity document,

(i) in the case of an offence referred to in paragraph (a), (b) or (c), 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 (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.

(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 Secretary, 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 Secretary, 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.

(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.

[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.

(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.

(a) the form and composition of identity documents; (b) the manner in which an identity document shall be delivered to the person to whom it relates; (c) the issue of duplicate identity documents, the circumstances under and the conditions subject to which they may be issued and the fees payable therefor; (d) the surrender or seizure of identity documents; (e) the period of validity of identity documents issued to all persons generally or to any particular class of persons, and the issue of fresh identity documents to replace identity documents which have lapsed; (f) the size of a photograph referred to in section 16 and the requirements with which it shall comply; (g) the proper maintenance of the register and the particulars recorded therein; (h) the recording in the register of the particulars referred to in section 7, and the entry and alteration in identity documents of the particulars referred to in section 13, and the making available of identity documents therefor; (i) the obtaining of information for the compilation and maintenance of the register and the entry and alteration of particulars in identity documents; (j) notification of change of ordinary place of residence and postal address; (k) the issue of certificates of particulars contained in the register or in an identity document, the purposes for which such certificates may be used, and the evidential value of such certificates,

and, generally, as to all matters which by this Act are required or permitted to be prescribed or which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

(2) Any regulations made under sub-section (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of fifty pounds or imprisonment for a period of six months. (3) Any regulations made under sub-section (1) shall be laid on the Tables of both Houses of Parliament within fourteen days after promulgation thereof if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Tables for at least twenty-eight consecutive days, and if Parliament is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Tables as aforesaid within fourteen days after the commencement of its next ensuing ordinary session. (4) If both Houses of Parliament by resolution passed in the same session (being a session during which such regulations have been laid on the Tables of both Houses of Parliament in terms of sub-section (3)) disapprove of any such regulations or of any provision thereof, such regulations or such provision thereof shall thereafter cease to be of force and effect to the extent to which they are so disapproved, but without prejudice to the validity of anything done in terms of such regulations or of such provision thereof up to the date upon which they so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such regulations or such provision thereof.

(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; (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; (c) 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.