| (1) |
Where a court has convicted a person of any of the following offences, the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service, as provided for in section 271D: |
| (a) |
A contravention of section 1 of the Black Land Act, 1913 (Act No. 27 of 1913); |
| (b) |
a contravention of section 12 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936); |
| (c) |
a contravention of section 5(1), read with section 5(2), section 6(1), read with section 6(2), section 9(3), section 9(3)bis(a), read with section 9(3)(c), section 10(1), read with section 10(4), section 11(1), read with section 11(2)(a), section 12(1), read with section 12(2), section 12(3), section 15(1), read with section 15(3), section 29(1), read with section 29(9) and section 29(12), section 31(1), read with section 31(2), section 35(1), read with section 35(4), section 35(5), section 35(6), section 40(3), section 43bis or section 44, of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945); |
[Section 271C(1)(c) substituted by section 7(a) of Act No. 42 of 2013]
| (d) |
a contravention of section 8(1), read with section 8(3), of the Coloured Persons Settlement Act, 1946 (Act No. 7 of 1946); |
| (e) |
a contravention of section 2 or 4 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949); |
| (f) |
a contravention of section 11 of the Internal Security Act, 1950 (Act No. 44 of 1950); |
| (g) |
a contravention of section 10(6) and (7), 11(4), 14, 15, 16, 20(1), 28(7), 29(1) or 30 of the Black Building Workers Act, 1951 (Act No. 27 of 1951); |
| (h) |
a contravention of section 15 of the Blacks (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952); |
| (i) |
a contravention of section 2 of the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953); |
| (j) |
a contravention of section 2(2) of the Reservation of Separate Amenities Act, 1953 (Act No. 49 of 1953); |
| (k) |
a contravention of section 16 of the Sexual Offences Act, 1957 (Act No. 23 of 1957); |
| (kA) |
a contravention of section 14, section 20(2), section 20A(4) or section 26(2) of the Black Labour Act, 1964 (Act No. 67 of 1964); |
[Section 271C(1)(kA) inserted by section 7(b) of Act No. 42 of 2013]
| (l) |
a contravention of section 46 of the Group Areas Act, 1966 (Act No. 36 of 1966); |
| (m) |
a contravention of section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967); or |
| (n) |
a contravention of section 2 read with section 4(1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act No. 51 of 1968). |
| (a) |
Where a court has convicted a person of contravening any provision of— |
| (i) |
an Act of Parliament or subordinate legislation made thereunder; |
| (ii) |
an ordinance of a provincial council; |
| (iii) |
a municipal by-law; |
| (vi) |
any other enactment having the force of law, |
other than those provisions referred to in subsection (1), which were enacted in the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, which created offences that were based on race or which created offences, which would not have been considered to be offences in an open and democratic society, based on human dignity, equality and freedom, under the constitutional dispensation after 27 April 1994, the criminal record, containing the conviction and sentence in question, of that person must, on the person’s written application, subject to subsection (3) and section 271D, be expunged.
| (b) |
Where the criminal record of a person referred to in subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application, subject to subsection (3) and section 271D, be expunged. |
| (3) |
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (2)(a) or (b), issue a certificate of expungement, directing that the criminal record of the person be expunged, if the Director-General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1) or subsection (2)(a), as the case may be. |
| (4) |
The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection (3) or (5)(b) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D. |
| (a) |
In the case of a dispute or any uncertainty as to whether an offence is an offence as referred to in subsection (1) or (2)(a) or not, the matter must be referred to the Minister for a decision. |
| (b) |
If the Minister decides that the offence is an offence as referred to in subsection (1) or (2)(a), he or she must issue a certificate of expungement, directing that the criminal record of the person be expunged. |
[Section 271C inserted by section 3 of Act No. 65 of 2008]
Stamp Duties Act, 1968 (Act 77 of 1968)
