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Identification Act, 1997 (Act No. 68 of 1997)

Chapter 4 : Offences and Penalties

18. Offences and penalties

 

 

(1) No person shall—
(a) for the purpose of this Act make or cause to be made a false statement;
(b) record any particulars in the population register, unless authorised thereto in terms of section 6;
(c) record any particulars in the population register which are in a material respect false, or fraudulently change any particulars therein;
(d) having come into possession of an identity card, a certificate or a temporary identity certificate belonging to another person, present it as his or her own or belonging to any person other than the person to whom it belongs;
(e) imitate, alter, deface, destroy or mutilate any identity card or any part thereof, certificate or temporary identity certificate, or cause it to be done or allow it to be done;
(f) allow an identity card, a certificate or a temporary identity certificate belonging to him or her or which is under his or her control, to come into the possession of any other person for an unlawful purpose;
(g) give out that any incorrect particulars in an identity card. a certificate or a temporary identity certificate are correct;
(h) at any time after a new identity card was issued to him or her, regain possession of an identity card previously issued to him or her under this Act or under an Act repealed in terms of section 24, or without lawful cause refuses to return for cancellation that previous identity card to the Director-General within 14 days after a written request to return such identity card was served upon him or her, or after he or she regained possession of the previous identity card, as the case may be; or
(i) possess any identity card or any part thereof, a certificate or temporary identity certificate which has been imitated, altered, defaced or mutilated or any particulars of which are incorrect.

 

(2) Any person who—
(a) contravenes a provision of subsection (1);
(b) without lawful cause fails or refuses to comply with a request in terms of section 12(a) or 19(4);
(c) without lawful cause refuses to comply with a provision of section 10 or 15(1); or
(d) contravenes a provision of section 19(1) or 21(1),

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.

 

(3) A court convicting any person of an offence referred to in subsection (2) shall, if applicable—
(a) declare the document or certificate in respect of which the offence was committed to be forfeited to the State; and
(b) declare any instrument used for the purpose of or in connection with the commission of the offence, or the convicted person's rights thereto, to be forfeited to the State: Provided that such declaration shall not affect any rights which any person other than the convicted person may have to such instrument, if it is proved that such person did not know that it was being used or would be used for the purpose of or in connection with the commission of such offence, or that he or she could not prevent such use.

 

(4) The provisions of section 35(2) and (4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall mutatis mutandis apply to any forfeiture in terms of subsection (3)(b) of this section.