Births, Marriages and Deaths Registration Act, 1963
Act 81 of 1963
- Published in South African Government Gazette 550 on 5 July 1963
- Assented to on 28 June 1963
- Commenced on 1 February 1972 by Births, Marriages and Deaths Registration Ordinance, 1965
- [This is the version of this document from 30 April 1987 and includes any amendments published up to 3 May 2024.]
- [Amended by Births, Marriages and Deaths Registration Amendment Act, 1967 (Act 17 of 1967) on 1 March 1967]
- [Amended by Births, Marriages and Deaths Registration Amendment Act, 1968 (Act 18 of 1968) on 27 March 1968]
- [Amended by Births, Marriages and Deaths Registration Amendment Act, 1970 (Act 58 of 1970) on 1 February 1972]
- [Amended by Births, Marriages and Deaths Registration Amendment Act, 1974 (Act 51 of 1974) on 16 October 1974]
- [Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
- [Amended by Marriages, Births and Deaths Amendment Act, 1987 (Act 5 of 1987) on 30 April 1987]
PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates “adult” means any person of the age of sixteen years or upwards or any married person;“area” means, when used in relation to a registrar or assistant registrar, the magisterial district or part thereof, police area, country or territory in respect of which such registrar or assistant registrar has been designated or appointed or is acting as such;[definition of “Bantu” changed to definition of “Black” by AG 3 of 1979, and deleted by Act 5 of 1978]“birth” means the birth of any viable child whether such child is living or dead at the time of birth;“birth register” means the form completed under section 5 (3) of this Act in respect of the birth of any person, and includes any similar form completed in respect of the birth of a person under a provision of a law which was in force in the Republic or any part thereof;“body” means any human dead body, including the body of any still-born child;“burial” means burial in earth, interment or any other form of sepulture or the cremation or any other mode of disposal of a body;“burial order” means an order given under any provision of this Act, authorizing the burial of a body;“burial place” means any burial ground, whether public or private, or any place whatsoever wherein is buried, interred, cremated or otherwise disposed of or intended to be buried, interred, cremated or otherwise disposed of, one or more bodies;“chief registrar” means the officer appointed under section 2 as chief registrar of births, marriages and deaths;“magistrate” includes an additional and an assistant magistrate;“Minister” means the Minister of the Interior;[definition of “Minister” amended by AG 3 of 1979 and by Act 5 of 1987]“name” includes a surname, except in sections 8 and 9 where it does not include a surname;“occupier of a dwelling”, in relation to any public or charitable institution or barracks, means any governor, deputy governor, superintendent or assistant superintendent, gaoler, or medical or other officer or person in charge thereof; and, in relation to any mine or a compound or residential quarter in connection with a mine, means any manager or superintendent or person in charge thereof; and, in relation to any premises let in lodgings or separate apartments, means any person residing in such dwelling under whom such lodgings or separate apartments are immediately held; and, in relation to any tent, vehicle or other place of residence, or place in or upon which any person may be born or die, means any owner when in occupation or charge thereof, and, if the owner is not in occupation or charge thereof, any lessee or other person in occupation or having the charge, care or custody thereof;[definition of “occupier of a dwelling” amended by AG 3 of 1979 and by Act 5 of 1987]“police officer” means a member -(a)of a police force established under any law who exercises, performs or carries out police powers, duties and functions; or(b)of any body who exercises, performs or carries out such powers, duties and functions under any law;“prescribed” means prescribed under this Act or any regulation;“register”, for the purposes of sections 46, 47 and 48, includes in addition to any register kept under this Act any books, registers or records which were records of any births, marriages or deaths registration office prior to the commencement of this Act;“registrar” and “assistant registrar” mean respectively a person designated, appointed or acting under section 3 as registrar or assistant registrar of births and deaths;“regulation” means a regulation made and in force under this Act;“Republic” includes the territory of South-West Africa;“Secretary” means the Secretary for Civic Affairs and Manpower;[definition of “Secretary” amended by AG 3 of 1979 and by Act 5 of 1987]“still-born”, in relation to a child, means that it was viable but showed no sign of life after complete birth;“urban area” means an area under the jurisdiction of -(a)the council of any municipality established or constituted, or deemed to be established or constituted, under the Municipal Ordinance, 1963 (Ordinance 13 of 1963); or(b)any village management board constituted or deemed to be constituted, under the Village Management Boards Ordinance, 1963 (Ordinance 14 of 1963); or(c)the Peri-Urban Development Board established under the Peri-Urban Development Board Ordinance, 1970 (Ordinance 19 of 1970);[The definition of “urban area” is substituted by Act 5 of 1987. The Local Authorities Act 23 of 1992 repealed the Municipal Ordinance 13 of 1963, the Village Management Boards Ordinance 14 of 1963 and the Peri-Urban Development Board Ordinance 19 of 1970.]“viable” in relation to a child, means that it has had at least six months of intra-uterine existence.[section 1 substituted by Act 58 of 1970]Chapter I
Administration
2. Custody of documents and appointment of officers
3. Registrars and assistant registrars of births and deaths
3A. ***
[section 3A inserted by Act 58 of 1970, amended by AG 3 of 1979, and deleted by Act 5 of 1987]Chapter II
General
4. Duties of registrars and assistant registrars
5. Duty of registrar or assistant registrar on receipt of notice of birth or death
6. ***
[section 6 deleted by Act 58 of 1970]7. Registration of birth or death after one year
No birth or death shall be registered after the expiry of one year from the date of such birth or death except upon the written authority of the Secretary and the payment of the prescribed fee (if any).[section 7 substituted by Act 58 of 1970]7A. ***
[Section 7A, “Alteration of birth registration to indicate classification in terms of Act 30 of 1950”, was inserted by Act 18 of 1968, with this insertion deemed to have come into force on 1 December 1967, and substituted by Act 58 of 1970. However, this section was not made applicable to South West Africa; see section 51A(1) of this Act, which was inserted by Act 58 of 1970.]7B. Alteration of sex description of person in his birth register
The Secretary may on the recommendation of the Secretary for Health alter, in the birth register of any person who has undergone a change of sex, the description of the sex of such person and may for this purpose call for such medical reports and institute such investigations as he may deem necessary.[Section 7B is inserted by Act 51 of 1974. Section 1(2) of Act 51 of 1974 provides the following transitional provision: “Any alteration of the sex description of a person who has undergone a change of sex, which has been effected in the birth register of such person before the commencement of this Act [Act 51 of 1974] shall be deemed to have been effected in terms of section 7B of the Births, Marriages and Deaths Registration Act, 1963.”]8. Alteration of person’s name in his birth register
8A. Alteration of surname of person in his birth register
9. Prohibition of nameless birth registrations and amplification of certain nameless birth registrations
10. Registration of birth of illegitimate child
11. Amendment of birth registration of illegitimate child after legitimation
12. Information as to live new-born child or body of new-born child found abandoned
If any live new-born child or the body of a new-born child is found abandoned, the person finding it shall, as soon as possible, give notice to a justice of the peace or police officer, and any justice of the peace or police officer who knows or is informed of the discovery of such a child or body so abandoned, and, in the case of a live new-born child, any person in whose charge such a child is placed and any person holding any official enquiry into or being aware of any circumstances relating to the abandonment, shall forthwith give to the registrar or assistant registrar of the area wherein the child or body was found the prescribed notice or information.[section 12 substituted by Act 58 of 1970, and amended by AG 3 of 1979 and by Act 5 of 1987]13. Duty of person holding inquest or other enquiry to give certain particulars
Any person holding in accordance with any law any inquest or other enquiry as to the death of any person shall forthwith on completion of such inquest or other enquiry furnish the prescribed particulars in respect of the death to the registrar or assistant registrar concerned:Provided that if such enquiry is in the form of criminal proceedings, and any inquest or other enquiry instituted under any law as to the death of such person, has not been completed, the prescribed particulars shall be furnished by-13A. Furnishing of information in respect of deaths of certain persons
14. Burial register to be kept
15. Information by undertaker
Any undertaker or person having charge of any funeral shall obtain, as far as possible, and supply to the custodian or person having charge or control of a burial place, whenever it has been arranged that a burial shall take place therein, such information as may be necessary to enable the custodian or person aforesaid to make the required entries in the burial register referred to in section fourteen.16. Burial order in case of person dying outside Republic
17. Registration of death of persons in military or police service, authority for removal and burial of bodies and issue of prescribed certificates
17A. Registration of certain births and deaths taking place outside Republic
Chapter III
Information as to Births and Deaths
[heading of Chapter III substituted by Act 58 of 1970]18. ***
[section 18 deleted by Act 58 of 1970]19. Duty to notify birth of child
20. Duty of medical practitioner or midwife in case of still-born child
21. Issue of burial order in case of still-born child
22. Notification of death and issue of burial order
23. When deceased not attended by medical practitioner
24. Certificate by medical practitioner and issue of burial order
25. Duty of magistrate on receipt of report referred to in section 21, 23 or 24
The magistrate shall, on receipt of any such report as is referred to in section 21(2), 23(2) or 24(2) or (4), instruct the district surgeon or other medical practitioner to investigate the cause of death, and if, in the opinion of the district surgeon or other medical practitioner, death occurred from natural causes, the magistrate shall, on the prescribed form, transmit the opinion of the district surgeon or other medical practitioner to the registrar or assistant registrar of the area in which the death occurred, and such registrar or assistant registrar shall thereupon issue an order authorizing burial.[section 25 substituted by Act 58 of 1970]26. Issue of prescribed certificate by magistrate
In any case not provided for in any of the preceding sections the magistrate shall as soon as he is satisfied that the body in question is no longer required for the purposes of an inquest or other proceeding, issue, on the prescribed form, a certificate to that effect, either to any person who is under this Act required to give notice concerning the death or to the undertaker or other person who causes the body to be buried, and such person or undertaker shall within twenty-four hours of the receipt of such certificate, if the death occurred in any urban area, or within fourteen days of the receipt thereof, if the death did not occur in any urban area, deliver it to the registrar or assistant registrar of the area in which the death occurred.[section 26 substituted by Act 58 of 1970]27. Production of burial order to person who buries the body
A burial order shall be produced by the person obtaining it or by some person on his behalf to the person who buries the body or conducts any funeral or religious service in connection with the burial.28. No burial to take place in urban area without burial order except in cases of urgent necessity
29. Removal orders
Chapter IV
[heading of Chapter IV and sections 30-34 deleted by Act 58 of 1970]Chapter V
Information as to and Registration of Births and Deaths of Blacks
[heading of Chapter V amended by AG 3 of 1979]35. ***
[section 35 deleted by Act 58 of 1970]36. ***
[section 36 substituted by Act 58 of 1970, amended by AG 3 of 1979 and deleted by Act 5 of 1987]37. ***
[section 37 deleted by Act 58 of 1970]Chapter VI
Registration of Births and Deaths Occurring on Board Ship or on any aircraft
[heading of Chapter VI substituted by Act 58 of 1970]38. Registration of births and deaths occurring on board ship
The receipt by a registrar or an assistant registrar of any return transmitted in terms of sub-section (2) of section one hundred and eighty-nine of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), shall constitute the registration of the birth or death therein recorded, and the provisions of this Act shall thereupon apply as if such birth or death had occurred within the district of such registrar or assistant registrar.[section 38 amended by Act 58 of 1970]38A. Registration of births and deaths occurring on aircraft
Chapter VII
Registration of Marriages
39. Manner of dealing with certain documents
If any officer is in terms of this Act required to transmit any register of a marriage to any other officer he shall transmit with such register to such officer every prescribed document relating to such marriage.[section 39 substituted by Act 58 of 1970]40. Preservation of records of a marriage
41. ***
[section 41 substituted by Act 58 of 1970, amended by AG 3 of 1979 and deleted by Act 5 of 1987]Chapter VIII
Miscellaneous
42. Searches and issue of certificates
43. Solemn declaration under this Act to be exempt from stamp duties
Notwithstanding anything contained in the Stamp Duties Act, 1962 (Act No. 59 of 1962), no affidavit or solemn declaration made by any person for the purposes of complying with any provision of this Act or the regulations relating to the registration of births and deaths shall be liable to stamp duty.44. Saving as to registration in respect of Indian immigrants
44A. Inscribing of surname in and application of certain provisions to certain registers kept in respect of Indians
When the provisions of this Act have under section 44 been extended to Indians referred to in that section -45. Penalty for failure to give notice or information
Any person who, without reasonable cause or excuse fails to give or transmit any notice, information, memorandum, return or certificate required by this Act or by any regulation, to be given or transmitted, shall be guilty of an offence: Provided that no person shall be liable to be convicted under this section if it appears that any other person has duly given or transmitted the required notice, information, memorandum, return or certificate.46. Penalty for false statement made for insertion in information
Any person who wilfully makes or causes to be made, for the purpose of being inserted in any notice or information or in any births register, deaths register or marriage register, any false statement relating to any of the particulars required by this Act or by any regulation to be made known and registered, shall be guilty of an offence and liable on conviction to the penalties which by law may be imposed for the crime of perjury.47. Penalty for negligently losing or injuring register
Any person, having the custody of any register or certified copy thereof or of any part thereof, who negligently loses it or injures it or negligently, while it is in his custody, allows it to be injured, shall be guilty of an offence.48. Offences and penalties
Any person who -49. Penalty for contravention where no penalty specially provided
Any person who contravenes or fails to comply with any provision of this Act or of any regulation for the contravention whereof or for the failure to comply wherewith no penalty is specially provided shall be liable on conviction to a fine not exceeding R250.[section 49 amended by Act 5 of 1987]50. Regulations
51. Repeal of laws
51A. Application of Act in South-West Africa
52. Short title
This Act shall be called the Births, Marriages and Deaths Registration Act, 1963.History of this document
30 April 1987 this version
01 August 1978
Amended by
Native Laws Amendment Proclamation, 1979
16 October 1974
01 February 1972
27 March 1968
01 March 1967
05 July 1963
28 June 1963
Assented to
Cited documents 2
Legislation 2
Documents citing this one 41
Gazette 24
- Namibia Government Gazette dated 1990-12-04 number 114
- Namibia Government Gazette dated 1991-02-22 number 154
- Namibia Government Gazette dated 1991-12-11 number 315
- Namibia Government Gazette dated 1993-09-02 number 711
- Namibia Government Gazette dated 1996-11-22 number 1447
- Namibia Government Gazette dated 1999-05-24 number 2108
- Namibia Government Gazette dated 2001-03-01 number 2490
- Namibia Government Gazette dated 2001-07-02 number 2564
- Namibia Government Gazette dated 2002-06-07 number 2749
- Namibia Government Gazette dated 2004-07-30 number 3251
- Namibia Government Gazette dated 2006-12-29 number 3761
- Namibia Government Gazette dated 2009-07-13 number 4291
- Namibia Government Gazette dated 2013-08-15 number 5264
- Namibia Government Gazette dated 2013-10-21 number 5322
- Namibia Government Gazette dated 2014-03-14 number 5425
- Namibia Government Gazette dated 2014-04-01 number 5439
- Namibia Government Gazette dated 2014-04-11 number 5444
- Namibia Government Gazette dated 2014-10-08 number 5583
- Namibia Government Gazette dated 2015-05-29 number 5744
- Namibia Government Gazette dated 2016-08-01 number 6088
- Namibia Government Gazette dated 2018-07-13 number 6647
- Namibia Government Gazette dated 2020-03-31 number 7160
- Namibia Government Gazette dated 2021-10-22 number 7668
- Namibia Government Gazette dated 2021-10-29 number 7672
Judgment 4
- Ipinge v Lukas (1833 of 2011) [2018] NAHCMD 106 (23 April 2018)
- LNL v LJL (2406 of 2013) [2014] NAHCMD 309 (17 October 2014)
- Minister of Home Affairs and Immigration v P L (SA 96/2021) [2023] NASC 3 (20 March 2023)
- Mupetami and Another v Master of the High Court and Another (HC-MD-CIV-ACT-OTH-2020/04539) [2023] NAHCMD 125 (17 March 2023)
Law Reform Report 1
Legislation 12
- Anatomical Donations and Post-Mortem Examinations Ordinance, 1977
- Child Care and Protection Act, 2015
- Children’s Status Act, 2006
- Crematorium Ordinance, 1971
- Defence Act, 2002
- Directions relating to judicial proceedings during the COVID-19 state of emergency
- Electoral Act, 2014
- Executive Powers (Interior) Transfer Proclamation, 1978
- General Regulations, 1991
- Identification Act, 1996
- Medical and Dental Act, 2004
- Recognition of Certain Marriages Act, 1991