South Africa: Numbered Acts

OFFICE OF THE PRESIDENT

No. 1230 13 July 1994

NO. 4 OF 1994: SOUTH AFRICAN PASSPORTS AND TRAVEL DOCUMENTS ACT, 1994.

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:

ACT

To provide for the vesting of certain powers and duties in respect of the issue of and control over South African passports and travel documents in the Govern- ment of the Republic of South Africa; and to provide for matters connected therewith.

(Afrikaans text signed by the President.) (Assented to 5 July 1994.)

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

Definitions

1. In this Act, unless the context otherwise indicates-

(i) "Minister" means the Minister of Home Affairs; (ii)

(ii) "South African citizen" means any person who is a South African citizen in terms of the South African Citizenship Act, 1949 (Act No.

44 of 1949); (iv)

(iii) "South African passport" means a passport issued in terms of this Act to a South African citizen-, (iii)

(iv) "this Act" includes a regulation made under this Act; (i)

(v) "travel document" means any travel document other than a passport, issued in terms of this Act to a person who is not a South African citizen. (v)

Powers and duties in respect of issue of and

^{control over South African passports and travel documents}

2. The powers and duties in respect of the issue of and control over South

African passports and travel documents which immediately prior to 27 April

1994 were vested in the State President of the Republic of South Africa under the provisions of the Republic of South Africa Constitution Act, 1983 (Act

No. 110 of 1983), shall, subject to the provisions of this Act, vest in the

Government of the Republic of South Africa with effect from 27 April 1994.

South African citizen entitled to South African passport

3. Subject to the provisions of this Act, every South African citizen shall be entitled to a South African passport.

Regulations

4. (1) The Minister may make regulations regarding-

(a) the manner in which application is to be made for the issue of a South African passport or travel document, or for the renewal thereof, including-

(i) any particulars or information which is to be furnished in the application;

(ii) any documents which are to accompany any such application or are to be produced when making any such application; and

(iii) any forms which are to be used in any such application; (b) endorsements on South African passports and travel documents,

periods of validity and other restrictions;

(c) the circumstances under which the issue of a South African passport or travel document may be refused or such passport or travel document may be withdrawn;

(d) the provision of different categories of South African passports and travel documents and the circumstances under which each category may be issued;

(e) the fees payable for the issue of a South African passport or travel document; the circumstances under which a South African passport or travel document may be issued to a minor; and

(g) generally, all matters which the Minister deems necessary or expedient to be prescribed in order to attain the objects of this Act:

Provided that regulations under paragraph (e)

^{shall only be made in consultation with the Minister of Finance.}

(2) Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or to imprisonment for a period not exceeding five years.

Saving

5. Anything done, whether under a law or otherwise, prior to the commence- ment of this Act, and which can be done under a provision of this Act, shall be deemed to have been done under this Act.

Short title

6. This Act shall be called the South African Passports and Travel

Documents Act, 1994.