Heraldry Amendment Act 22 of 1982

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22 of 1982

Heraldry Amendment Act, 1982 (No. 22 of 1982)

GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.

Act

to amend the Heraldry Act, 1962, so as
- to provide that certain acts in respect of the coat of arms of the Republic shall be punishable; and
- to provide that the furnishing of any representation purporting to be a true representation of a family coat of arms shall be punishable unless a certain certificate has been issued in respect if such representation;
to amend the Admission of Persons to the Republic Regulation Act, 1972, so as to authorize removal from the Republic on the ground of a contravention of section 22A of the Heraldry Act, 1962; and
to make provision for matters incidental thereto.

(Afrikaans text signed by the State President.)
(Assented to 18 February 1982.)

BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-

Insertion of section 22A in Act 18 of 1962.

1. The following section is hereby inserted in the Heraldry Act, 1962 (hereinafter referred to as the principal Act), after 5 section 22:

"Offence in respect of coat of arms of the Republic.

22A. Any person who commits any act which displays contempt for the coat of arms of the Republic or which is likely to hold it up to ridicule, shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or in default of payment to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.".

Substitution of section 23A of Act 18 of 1962, as inserted by section 16 of Act 63 of 1980.

2. The following section is hereby substituted for section 23A of the principal Act:

"Penalty for making certain allegations in connection with fantily coats of arms.

23A. (1) Any person who [in connection with the furnishing by him of] furnishes any representation which he alleges or which on the face of it purports [it] to be a true representation of a family coat of arms which was or could have been lawfully borne by any person with a particular family name, while he does not have at his disposal a certificate as contemplated in section 7 (7) [corroborating his allegation] issued in respect of such representation, shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand rand or in default of payment to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(2) If in any prosecution for a contravention of subsection 1 it is proved that the accused furnished a representation which on the face of it purports to be a true representation of a family coat of arms, a statement, made by the accused in connection with the furnishing of the representation, to the effect that it is not claimed or implied that the representation concerned is such a true representation, shall not be a defence to the charge.".

Amendment of Schedue 1A to Act 59 of 1972, as inserted by section 6 of Act 6 of 1979.

3. Schedule 1A to the Admission of Persons to the Republic Regulation Act, 1972, is hereby amended by the insertion before the expression "Contravention of section 21 (1) of the General Law Amendment Act, 1962 (Act No. 76 of 1962).", of the following expression:
"Contravention of section 22A of the Heraldry Act, 1962 (Act No. 18 of 1962).".