Act18 - 1962
Act18 - 1962
Act18 - 1962
as amended by
ACT
[s1]1 Definitions
'family coat of arms' means any coat of arms borne by a natural person;
'province' ......
'territory' ......
[s2]2 ......
(b) keep the register and the documents lodged in terms of this
Act;
There shall be appointed, subject to the laws governing the public service,
a state herald as head of the bureau.
(a) the coat of arms of the Republic, the national flag of the
Republic, the coats of arms of the provinces and any other heraldic
representation instituted, constituted or created by any law, and any amendment
thereof effected by any law;
(b) consider and decide upon such matters as the state herald
or the committee may refer to it;
(b) decide upon applications which the state herald may refer to
it; and
Provided that in the absence of the chairman of the council or the chairman of
the committee from any meeting of the council or committee (as the case may
be), the members present at such meeting shall elect one of their number to
preside at such meeting.
(b) Subject to any directions by the Minister, the council and the
committee shall determine when and where they shall meet and the procedure
and quorum at their meetings, including the number of votes required for a
decision.
(5) A member of the council or the committee who is not in the full-time
employment of the State shall out of moneys appropriated by Parliament for the
purpose, be paid in respect of his services as a member of the council or the
committee such allowances as the Minister in consultation with the Minister of
Finance may determine.
(6) A member of the council or of the committee shall vacate office if-
(2) Any official authority established in a foreign country may with the
consent of the council apply to the bureau for the registration of a heraldic
representation, or for an amendment of or the deletion of any heraldic
representation registered in its name: Provided that the provisions of section 19
shall not apply in respect of the exercise of the council's power under this
subsection.
(5) Any person in whose name a family coat of arms has been registered
may apply to the bureau for the registration, upon his death, with or without
differencing, of that family coat of arms in the name of any of his descendants, or
in the name of any other person who bears the same family name.
(6) Any descendant of any person who lawfully bears or bore a particular
family coat of arms, or any adopted child, as defined in the Children's Act, 1960
(Act 33 of 1960), of such person bearing the same lawfully conferred family name
as that person, may apply to the bureau for the registration, with or without
differencing, of that family coat of arms in his name.
(7) Any person may apply to the bureau for the issue to him of a certificate
by the state herald stating that the representation to which the certificate relates
is a true representation of the family coat of arms lawfully borne by any person
mentioned therein.
The bureau shall give notice in the Gazette of any application made to it in
terms of section 7, and of the period within which and the manner in which any
objection in terms of section 7B shall be lodged with the bureau.
[s7B]7B Objections
(iii) the application does not comply with the provisions of this
Act or is defective in other respects; or
(i) the state herald may require the applicant to submit proof of
the correctness of the allegation to which the application applies;
(ii) the state herald shall take into consideration the fact (if it is
proved) that the representation concerned is a representation of a family coat of
arms which was granted by a competent authority to a person with the family
name in question or which was lawfully borne by any such person.
The bureau may, with regard to an application, require from the applicant
such further information or particulars as the state herald, the committee or the
council, as the case may be, desires.
(1) If an application-
(a) is rejected by the state herald or the committee, the
applicant,
may within six weeks after the bureau has informed him thereof, appeal to the
council in writing and specifying the grounds of appeal against the rejection of his
application or objection, and the council may subject to the provisions of section
19 uphold the appeal and, in the case of an appeal-
Provided that in the case of the approval of any such application by the state
herald or committee, such entry shall not be made or such deletion shall not be
effected and such notice shall not be given if an appeal has been lodged in terms
of section 9 and such appeal has not yet been disposed of.
[s14]14 ......
The bureau shall have a seal of office the heraldic particulars whereof
shall be entered in the register.
[s16]16 Register open for inspection
(1) The register shall be open for inspection by the public during the
prescribed hours on payment of the fees fixed by the Minister in consultation with
the Minister of Finance and subject to the prescribed conditions.
(2) ......
(a) the State herald or the council may authorize the correction
of any clerical error in any document lodged or issued in terms of this Act or in
the register; or
(b) ......
Whenever any discretionary power is by this Act given to the state herald,
the council or the committee, such power shall not be exercised adversely to an
applicant or an objector or other person who according to the register appears to
be an interested party, without affording such applicant, objector or interested
party a reasonable opportunity of being heard.
[s20]20 Savings
(1) Nothing in this Act shall prevent any person from using any registered
heraldic representation, name, special name or uniform in the course of or for the
purpose of any stage play, historical pageant or other form of performance or
entertainment or any cinematographic film, provided it is not used in such a
manner or under such circumstances as to bring it into ridicule or contempt.
(3) Nothing in this Act shall deprive any person of the right to use any
heraldic representation, name, special name or uniform which at the
commencement of this Act is not unlawfully in regular use by such person:
Provided that the onus of proving such use shall be upon such person.
(4) Nothing in this Act shall deprive any person of the right to use any
heraldic representation, name, special name or uniform to the use of which he
has become entitled by reason of his membership or past membership of an
association or institution, within or outside the Republic: Provided that the onus of
proving such right shall be upon the person claiming such right.
may be sued in any court of law by any such official or municipal authority,
association, or person or widow of such person for-
(i) an amount not exceeding one thousand rand, and such court may
without proof of any damages, and in addition to the cost of the action, award
such amount, not exceeding the said amount, as may in the circumstances of the
case appear to it to be reasonable; or
shall be guilty of an offence and liable on conviction to a fine not exceeding one
thousand rand.
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.
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.
(1) The state herald shall report annually to the Minister on the activities of
the bureau and the council.
(2) The Minister shall table a copy of such report in Parliament within 14
days after receipt thereof if Parliament is then sitting or, if Parliament is not then
sitting, within 14 days after the commencement of the next ensuing sitting of
Parliament.
(3) Within five months after the report has been tabled, a delegation
consisting of the state herald and at least two other council members must brief
the Portfolio Committee on Arts, Culture, Science and Technology on the annual
report.
[s25]25 Regulations
(1) The Minister may make regulations with regard to-
(a) ......
(3) ......
[s26]26 ......
[s27]27 ......
This Act shall be called the Heraldry Act, 1962, and shall come into
operation on a date to be fixed by the State President by proclamation in the
Gazette.