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Heraldry Act 18

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HERALDRY ACT 18 OF 1962

[ASSENTED TO 7 MARCH 1962] [DATE OF COMMENCEMENT: 1 JUNE 1963]

(Afrikaans text signed by the State President)

as amended by

Heraldry Amendment Act 54 of 1969
Heraldry Amendment Act 63 of 1980
Heraldry Amendment Act 22 of 1982
Education and Heraldry Laws Amendment Act 6 of 1984
General Law Amendment Act 49 of 1996
Abolition of Restrictions on the Ju risdiction of Courts Act 88 of 1996
Cultural Laws Amendment Act 36 of 2001

ACT

To make provision for the establishment of a bureau of heraldry, a heraldry
committee and a heraldry council; for the registration and protection of coats of
arms, badges, other emblems, names and uniforms; and for other matters
incidental thereto.

[Long title substituted by s. 23 of Act 54 of 1969.]

[s1]1 Definitions

In this Act, unless the context otherwise indicates-

‘application’ means an application referred to in section 7 and ‘applica
nt’
has a corresponding meaning;

[Definition of ‘application’ substituted by s. 1 (a) of Act 63 of 1980.]

‘approve’ means approve under this Act; and ‘approval’ has a
corresponding meaning;

[Definition of ‘approve’ insert ed by s. 1 (b) of Act 63 of 1980.]

‘association’ means any associati on of persons in the Republic, or a
foreign country formed for the promotion of sport or for any other lawful purpose,
the pursuit of which in the opinion of the Minister is not contrary to the public
interest;

[Definition of ‘association’ substitut ed by s. 1 (c) of Act 63 of 1980 and amended
by s. 1 of Act 49 of 1996.]

‘badge’ means any object or figure, being a symbolic representation, but
not displayed on a shield, used for offici al or municipal purposes or by any
association, institution or person as a ma rk of recognition or as a distinguishing
token;

‘bureau’ means the bureau of heraldry established by section 3;

‘coat of arms’ means any object or figure, being a symbolic representation
displayed in colours on a shield in conf ormity with the principles and rules of
heraldry, with or without a crown, helme t, crest, mantling, supporters, motto or
other accessories;

‘committee’ means the heraldry committee referred to in section 6 (3);

‘council’ means the heraldry council established by section 6 (1);

‘deletion’ means the deletion in the register of particulars of a registered
heraldic representation, name, special name or uniform;

[Definition of ‘deletion’ insert ed by s. 1 (d) of Act 63 of 1980.]

‘differencing’ means the incorpor ation of a brisure in a heraldic
representation in conformity with the principles and rules of heraldry in order to
distinguish between the different owners of su ch representations;

[Definition of ‘differencing’ substituted by s. 1 (e) of Act 63 of 1980 and by s. 1
(a) of Act 36 of 2001.]

‘family coat of arms’ means any coat of arms borne by a natural person;

[Definition of ‘family coat of arms’ inserted by s. 1 (b) of Act 36 of 2001.]

‘heraldic representation’ means a coat of arms, badge or other emblem;

‘institution’ means any institution, including any university, university
college, teachers’ college, training college, normal college, technical college,
school or research institute in the Republic, or a foreign country, for the
promotion of education, arts, science or any other lawful human activity, and any
union or society of the pr esent or past members, st udents or scholars of any
such institution;

[Definition of ‘institution’ am ended by s. 1 of Act 49 of 1996.]

‘Minister’ means the Minister responsible for Heraldry;

[Definition of ‘Minister’ substituted by s. 1 (c) of Act 36 of 2001.]

‘municipal’ means of or belonging to a municipality contemplated in
Chapter 7 of the Constitution;

[Definition of ‘municipal’ amended by s. 1 of Act 49 of 1996 and substituted by s.
1 (d) of Act 36 of 2001.]

‘name’ means any name referred to in section 7 (2);

‘official’ means of or belonging to the Government of the Republic or any
provincial administration;

‘other emblem’ means any flag, pennant, gonfalon, decoration, medal,
seal, insignia of rank, any office or order or other or kindred symbolic
representation, but does not incl ude a coat of arms or badge;

‘owner’, in relation to any heraldic representation, name, special name or
uniform, means the authority, association, institution or person in whose name
such representation, name, specia l name or uniform has been registered;

[Definition of ‘owner’ inserted by s. 1 (f) of Act 63 of 1980.]

‘prescribed’ means prescribed by regulation;

‘province’ ……

[Definition of ‘province’ deleted by s. 1 of Act 49 of 1996.]

‘provincial administration’ means the administration of a province;

‘register’ means the register kept in terms of section 5;

‘registration’ means an entry in the register; and ‘registered’ has a
corresponding meaning;

‘regulation’ means any regul ation made under section 25;

‘special name’ means any special name referred to in section 7;

[Definition of ‘special name’ substituted by s. 1 (g) of Act 63 of 1980.]

‘state herald’ means the officer appointed in terms of section 4;

‘territory’ ……

[Definition of ‘territory’ deleted by s. 1 of Act 49 of 1996.]

‘this Act’ includes any regulation;

‘uniform’ means any article or articl es of wearing apparel, being distinctive
in design and colour, but without a heral dic representation as part thereof,
intended to be used by members of an associat ion or institution which is not of a
political or religious character.

[Definition of ‘unifo rm’ substituted by s. 1 (h) of Act 63 of 1980.]

[S. 1 substituted by s. 1 of Act 54 of 1969.]

[s2]2 ……

[S. 2 repealed by s. 2 of Act 54 of 1969.] [s3]3 Bureau of heraldry

(1) There is hereby established a bureau of heraldry for the registration of
heraldic representations , names, special names or uniforms and for the
performance of such other functions as are assigned to the bureau by or under
this Act.

(2) The functions of the bureau shall be to-

(a) receive and examine applicatio ns for registration or deletion
of, and objections against the registration or deletion of, heraldic representations,
names, special names or uniforms;

(b) keep the register and the doc uments lodged in terms of this
Act;

(c) issue certificates of regi stration of heraldic representations,
names, special names and uniforms;

(d) give advice, in so far as is possible, regarding heraldic
representations, names, special names or uniforms, and render assistance with
the design of heraldic representations and uniforms;

(e) carry out such other duties as may be assigned to the
bureau by the Minister, council or committee in terms of this Act.

[Sub-s. (2) substituted by s. 2 of Act 63 of 1980.]

[S. 3 substituted by s. 3 of Act 54 of 1969.] [s4]4 State herald

There shall be appointed, subject to the laws governing the public service,
a state herald as head of the bureau.

[s5]5 Register of heraldic representat ions, names, special names and uniforms

A register shall be kept in the bureau in which the bureau shall on
application and in the manner determined by the state herald after consultation
with the council enter the particulars which he determines in respect of-

(a) the coat of arms of th e Republic, the national flag of the
Republic, the coats of arms of t he provinces and any other heraldic
representation instituted, constituted or created by any law, and any amendment
thereof effected by any law;

(b) any official or municipal heraldic representation granted by
competent authority, or adopted in terms of any la w, before the commencement
of this Act;

(c) any official or municipal heraldic representation granted in
terms of section 2 before the commenc ement of the Heraldry Amendment Act,
1969, or adopted after the commencement of this Act in terms of any law, and
any amendment thereof;

(d) any other heraldic repr esentation, the application for
registration of which has been approv ed and any approved amendment thereof;
and

[Para. (d) substituted by s. 3 (b) of Act 63 of 1980.]

(e) any name, special name or uniform, the application for
registration of which has been approved and any approved amendment thereof.

[Para. (e) substituted by s. 3 (b) of Act 63 of 1980.]

[S. 5 substituted by s. 4 of Act 54 of 1969 and amended by s. 3 (a) of Act 63 of
1980.]

[s6]6 Heraldry council and heraldry committee

(1) There is hereby established a heraldry council which shall consist of
the state herald and at least six other members appointed by the Minister on
such conditions and for such period as he may determine: Provided that the
Minister may at any time remove any memb er appointed by him from office if in
his opinion sufficient reasons exist for doing so.

(2) The functions of the council shall be to-

(a) determine policy to be applied as to heraldic matters;

(b) consider and decide upon such matters as the state herald
or the committee may refer to it;

(c) consider appeals noted under section 9; and

(d) carry out such other duties as may be assigned to the
council by the Minister.

(3) There is hereby established a heraldry committee consisting of the
chairman and the state herald and such num ber of other members of the council
as the Minister may designate, to-

(a) determine which applications shall be referred to it by the
state herald;

(b) decide upon applications which the state herald may refer to
it; and

(c) consider objections lodged in terms of section 7B.

[Sub-s. (3) substituted by s. 1 of Act 6 of 1984.]

(4) (a) The Minister shall-

(i) designate one of the me mbers of the council who was
appointed as a member by him, as chai rman to preside at a meeting of the
council;

(ii) designate one of the me mbers of the committee who was
appointed as a member by him, as chai rman to preside at a meeting of the
committee:

Provided that in the absence of the chai rman 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 elec t 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 meeti ngs, 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 s hall out of moneys appropriat ed 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-

(a) that member resigns in writing;

(b) that member has been absent from three consecutive
meetings of the council or committee, as the case may be, without its leave;

(c) that member is an unrehabilitated insolvent;

(d) that member is found to be of unsound mind by a court of
law;

(e) that member is convicted of an offence involving dishonesty
or bodily harm and is sentenced to impr isonment without the option of a fine;

(f) that member materially breaches the code of ethics of the
institution; or

(g) on reasonable grounds, the majority of the council or
committee, as the case may be, so recommends.

[Sub-s. (6) added by s. 2 of Act 36 of 2001.]

(7) The Minister may dissolve the council or the committee on any
reasonable grounds.

[Sub-s. (7) added by s. 2 of Act 36 of 2001.] [S. 6 substituted by s. 5 of Act 54 of 1969 and by s. 4 of Act 63 of 1980.]

[s7]7 Applications and appeals

(1) Any official or municipal authority , association, institution or person
may apply to the bureau for registration of a heraldic representation, or of any
amendment or the deleti on of a heraldic representation which has been
registered in its or his name.

(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 del etion of any heraldic
representation registered in its name: Provided that the provisions of section 19
shall not apply in respect of the exerci se of the council’s power under this
subsection.

[Sub-s. (2) amended by s. 25 of Act 88 of 1996.]

(3) Any association or institution whic h is not of a political or religious
character may apply to the bureau for regi stration of its name or of a special
name or designation used by the association or institution for its members or for
the members of any organization constituted by the association or institution in
accordance with its rules and regulations, or of any uniform used by the
association or institution or of any amendment or deletion of any name, special
name or uniform which has been registered in its name.

(4) The state herald may, subject to the provisions of section 19 and with
the consent of the committee, delete any heraldic representation, name, special
name or uniform if he is satisfied that the official or municipal authority,
association or institution in whose nam e it has been registered no longer exists.

(5) Any person in whose name a family coat of arms has been registered
may apply to the bureau for the registra tion, 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 ch ild, 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 bur eau for the registration, with or without
differencing, of that family coat of arms in his name.

(7) Any person may apply to the bureau fo r 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 t he family coat of arms lawfully borne by any person
mentioned therein.

(8) An application for registration of a heraldic representation, name,
special name or uniform or for any amendm ent or the deletion of a registered
heraldic representation, name, special name or uniform or an appeal in terms of
section 9 shall be made to the bureau in the form determined by the state herald
and shall be accompanied by the docum ents and designs determined by the
state herald and the fees det ermined by the Minister with the concurrence of the
Minister of Finance.

[S. 7 substituted by s. 6 of Act 54 of 1969 and by s. 5 of Act 63 of 1980.] [s7A]7A Notice of applications

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.

[S. 7A inserted by s. 7 of Act 54 of 1969.]

[s7B]7B Objections

Any official or municipal authority, association, institution or person
wishing to object to the registration of any heraldic representation, name, special
name or uniform or to the amendment or deletion of a registered heraldic
representation, name, s pecial name or uniform on the grounds that such
registration, amendment or deletion would encroach upon rights to which it or he
is legally entitled, shall lodge such obj ection with the bureau in such manner and
within such period as the bureau may by notice in the Gazette determine.

[S. 7B inserted by s. 7 of Act 54 of 1969 and substituted by s. 6 of Act 63 of
1980.]

[s8]8 Consideration of app lications by state herald

(1) If an application is in the form determined by the state herald under
section 7, he may, subject to the provisi ons of sections 6 (3) (a) and 19, approve
or reject the application, or may refer it to the committe e: Provided that if any
objection is lodged against the registration of the heraldic representation, name,
special name or uniform concerned, or against the amendment or deletion
concerned of any registered heraldic representation, name, special name or
uniform, he shall refer the application to the committee.

[Sub-s. (1) substituted by s. 7 (a) of Act 63 of 1980 and amended by s. 2 of Act 6
of 1984.]

(2) and (3) ……

[Sub-ss (2) and (3) deleted by s. 7 (b) of Act 63 of 1980.]

(4) (a) An application for registra tion or amendment may be rejected by
the state herald if-

(i) the heraldic representation (except a family coat of arms) is
similar to a heraldic repr esentation, name, special name or uniform or any
material part thereof protected by c opyright, this Act or any other law;

(ii) the design of the heraldic representation does not accord
with the principles and rules of heraldry;

(iii) the application does not comp ly with the provisions of this
Act or is defective in other respects; or

(iv) the further information or par ticulars referred to in section 8B
are not furnished.

(b) When considering an application referred to in section 7 (7)-

(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 in to consideration the fact (if it is
proved) that the representat ion concerned is a representat ion 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 lawf ully borne by any such person.

[Sub-s. (4) substituted by s. 7 (c) of Act 63 of 1980.]

[S. 8 substituted by s. 8 of Act 54 of 1969.]

[s8A]8A Consideration of applications by committee

(1) Whenever an application or an applic ation together with an objection is
referred to the committee by the state herald, the committee may, subject to the
provisions of section 19, approve the application or uphold the objection and
reject the application.

(2) The provisions of section 8 (4) shall apply to the consideration of an
application by the committee.

[S. 8A inserted by s. 9 of Act 54 of 1969 and substituted by s. 8 of Act 63 of
1980.]

[s8B]8B Request for further information or particulars

The bureau may, with regard to an app lication, require from the applicant
such further information or particulars as the state herald, the committee or the
council, as the case may be, desires.

[S. 8B inserted by s. 9 of Act 54 of 1969.]

[s9]9 Appeal against decision of state herald or committee

(1) If an application-

(a) is rejected by the state herald or the committee, the
applicant,

(b) is approved by the committee, any person who in terms of
section 7B lodged an objection,

may within six weeks after the bureau has informed him thereof, appeal to the
council in writing and spec ifying the grounds of appeal against the rejection of his
application or objection, and the council may subject to t he provisions of section
19 uphold the appeal and, in the case of an appeal-

(i) by such applicant, approve the application concerned;

(ii) by such objector, refu se the application concerned, or

may reject the appeal.

(2) At the hearing of any such appeal against the rejection of an
application or objection, the state herald shall not take part in the decision.

[S. 9 substituted by s. 10 of Act 54 of 1969 and by s. 9 of Act 63 of 1980.]

[s10]10 Registration, amendment or del etion of heraldic representation,
name, special name or uniform

If an application for the registration, amendment or deletion of a heraldic
representation, name, spec ial name or uniform is approved by the state herald,
committee or council-

(a) the bureau shall, in the case of an application for
registration, enter in the register the particulars determined by the state herald in
respect of that heraldic representation, name, specia l name or uniform, and the
bureau shall give notice in the Gazette of the registration and issue to the
applicant a certificate of registration in the form determined by the state herald;

(b) the bureau shall, in the case of an application for deletion,
delete the particulars concerned and give notice thereof in the Gazette:

Provided that in the case of the approval of any such application by the state
herald or committee, such ent ry shall not be made or such deletion shall not be
effected and such notice shall not be gi ven if an appeal has been lodged in terms
of section 9 and such appeal has not yet been disposed of.

[S. 10 repealed by s. 11 of Act 54 of 1969 and inserted by s. 10 of Act 63 of
1980.]

[s11 to 13 inclusive]11 to 13 inclusive ……

[Ss. 11 to 13 inclusive repealed by s. 11 of Act 54 of 1969.]

[s14]14 ……

[S. 14 substituted by s. 12 of Act 54 of 1969 and repealed by s. 11 of A
ct 63 of
1980.]

[s15]15 Seal of office

The bureau shall have a seal of offi ce 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 subjec t to the prescribed conditions.

[Sub-s. (1) substituted by s. 13 (a) of Act 54 of 1969.]

(2) ……

[Sub-s. (2) deleted by s. 13 (b) of Act 54 of 1969.]

[s17]17 Information from register

The bureau may at the request of-

(a) any person and on payment of the fees determined by the
Minister in consultation with the Minist er of Finance, furnish such person with an
extract from the register or a reproduction of a registered heraldic representation,
name, special name or uniform;

(b) the owner of any heraldi c representation, name, special
name or uniform, and with the approval of the council, issue to such person a
duplicate of the certificat e of registration concerned, on payment of the fees
determined by the Minister in consul tation with the Minister of Finance.

[S. 17 substituted by s. 14 of Act 54 of 1969 and by s. 12 of Act 63 of
1980.]

[s18]18 Correction of clerical erro rs and rectification of register

Upon a request in writing accompanied by the prescribed fees or without
such a request and subject to the provisions of section nineteen-

(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) ……

[Para. (b) deleted by s. 15 of Act 54 of 1969.]

[s19]19 Exercise of discretionary powers

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 ot her 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.

[S. 19 substituted by s. 16 of Act 54 of 1969.]

[s20]20 Savings

(1) Nothing in this Act shall preven t 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 page ant or other form of performance or
entertainment or any cinem atographic film, provided it is not used in such a
manner or under such circumst ances as to bring it into ridicule or contempt.

[Sub-s. (1) substituted by s. 17 (a) of Act 54 of 1969.]

(2) Nothing in this Act shall prevent the continued use of any mark or
design registered under the Designs, Tr ade Marks and Copyright Act, 1916, or
any mark or design not protected under that Act but which has been bona fide
used as a trade mark before the commencement of this Act: Provided that the
onus of proving such bona fide use shall be upon the person making such claim.

(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 unlawfu lly in regular use by such person:
Provided that the onus of proving su ch use shall be upon such person.

[Sub-s. (3) substituted by s. 17 (b) of Act 54 of 1969.]

(4) Nothing in this Act shall depriv e any person of the right to use any
heraldic representatio n, name, special name or unifo rm to the use of which he
has become entitled by reason of his me mbership or past membership of an
association or institution, within or out side the Republic: Provided that the onus of
proving such right shall be upon the person claiming such right.

[Sub-s. (4) substituted by s. 17 (b) of Act 54 of 1969 and amended by s. 1 of Act
49 of 1996.]

[s21]21 Damages for misuse of registered heraldic representations, names,
special names or uniforms

Any person who-

(a) without the written authority of the association or institution in
whose name any name, special name or uniform has been registered, or without
being a member of such association or inst itution, uses such name, special name
or uniform or a material par t thereof or any replica or reproduction thereof or any

imitation which might reasonably be confused with any such name, special name
or uniform; or

(b) without the written authority of the official or municipal
authority, association, institution or person in whose name any heraldic
representation has been regist ered or, if such person has died, of the widow of
such persons in the case of a family c oat of arms, or without any other lawful
reason, wears, uses, sells, barters or tr ades in any such heraldic representation
or a material part thereof or any replic a or reproduction thereof or any imitation
which might reasonably be confused with any such heraldic representation,

may be sued in any court of law by any su ch official or municipal authority,
association, or person or widow of such person for-

(i) an amount not exceeding one t housand rand, and such court may
without proof of any damages, and in additi on to the cost of the action, award
such amount, not exceeding the said amoun t, as may in the circumstances of the
case appear to it to be reasonable; or

[Para. (i) substituted by s. 13 of Act 63 of 1980.]

(ii) damages or an interdict or for both damages and an interdict, and
such court may, in addition to the costs of the action, award such damages as
may appear to it to be reasonable in the ci rcumstances, or grant an interdict or
both award damages and grant an interdict.

[S. 21 substituted by s. 18 of Act 54 of 1969.]

[s22]22 Penalties for misuse of regist ered representations, names, special
names or uniforms

Any person who-

(a) without the written permission of the official or municipal
authority in whose name any official or municipal heraldic representation has
been registered, or without any other lawful r eason, sells, barters or uses for gain
or trades in such heraldic representati on or any material part thereof or any
replica or reproduction thereof or any im itation thereof which might reasonably be
confused therewith; or

(b) uses a registered name, s pecial name or an abbreviation
thereof or a uniform in such a manner that it could reasonably be inferred that he
is the owner or lawful user thereof or that he is a member of an association or
institution, while in fact he is not such owner, user or member,

shall be guilty of an offence and liable on conviction to a fine not exc
eeding one
thousand rand.

[S. 22 substituted by s. 19 of Act 54 of 1969 and by s. 14 of Act 63 of
1980.]

[s22A]22A Offence in respect of coat of arms of the Republic

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.

[S. 22A inserted by s. 1 of Act 22 of 1982.]

[s23]23 Penalty for false entries

Any person who, knowing the same to be false-

(a) makes or causes to be made a false entry in the register;

(b) makes or causes to be made any document falsely
purporting to be a copy of an entry in the register;

(c) produces or tenders or causes to be produced or tendered
as evidence any such entry or copy thereof; or

(d) makes any false statement or representation for the purpose
of deceiving the state herald, the committ ee or the council in the execution of the
provisions of this Act,

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.

[S. 23 substituted by s. 15 of Act 63 of 1980.]

[s23A]23A Penalty for making certain a llegations in connection with family
coats of arms

(1) Any person who furnishes any representation which he alleges or
which on the face of it pur ports to be a true representat ion 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) issued in re spect of such representation, shall be
guilty of an offence, and liable on conv iction 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 fa mily 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 repres entation concerned is such a true
representation, shall not be a defence to the charge.

[S. 23A inserted by s. 16 of Act 63 of 1980 and substituted by s. 2 of Act 22 of
1982.]

[s24]24 Annual report

(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 commenc ement of the next ensuing sitting of
Parliament.

[Sub-s. (2) substituted by s. 3 (a) of Act 36 of 2001.]

(3) Within five months after the report has been tabled, a delegation
consisting of the state heral d and at least two other council members must brief
the Portfolio Committee on Arts, Culture, Science and Technology on the annual
report.

[Sub-s. (3) added by s. 3 (b) of Act 36 of 2001.]

[s25]25 Regulations

(1) The Minister may make regulations with regard to-

(a) ……

[Para. (a) deleted by s. 17 (a) of Act 63 of 1980.]

(b) all matters which by this Act are required or permitted to be
prescribed; and

(c) generally, all matters whic h he considers it necessary or
expedient to prescribe to give effect to the provisions of this Act, or in order that
the objects of this Act may be achieved.

(2) The generality of the powers conferred by paragraph (c) of subsection
(1) shall not be limited by the provisions of the other paragraphs of the said
subsection.

(3) ……

[Sub-s. (3) deleted by s. 17 (b) of Act 63 of 1980.] [S. 25 substituted by s. 20 of Act 54 of 1969.]

[s26]26 ……

[S. 26 repealed by s. 21 of Act 54 of 1969.]

[s27]27 ……

[S. 27 repealed by s. 1 of Act 49 of 1996.] [s28]28 Short title and date of commencement

This Act shall be called the Heraldry Act, 1962, and shall come into
operation on a date to be fixed by the St ate President by proclamation in the
Gazette.

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