Blind Persons Act, 1968
Act 26 of 1968
- Published in South African Government Gazette no. 2032 on 3 April 1968
- Assented to on 18 March 1968
- Commenced on 1 January 1972
- [Up to date as at 6 November 2020]
- [Amended by Second Pension Laws Amendment Act, 1970 (Act 86 of 1970) on 1 October 1968]
- [Amended by Blind Persons Amendment Act, 1971 (Act 16 of 1971) on 1 January 1972]
- [Amended by Pension Laws Amendment Act, 1972 (Act 97 of 1972) on 5 July 1972]
- [Amended by Social Pensions Act, 1973 (Act 37 of 1973) on 1 October 1973]
“With effect from the date on which any Act referred to in subsection (1) becomes applicable in the said territory in terms of a proclamation issued under that subsection, the corresponding Act which under section 45(1) of the Pension Laws Amendment Act, 1965 (Act No. 102 of 1965), was declared to be applicable in the said territory, shall cease to be applicable therein: Provided that anything done in terms of the relevant corresponding Act and which could be done in terms of the relevant Act referred to in subsection (1) which becomes applicable in the territory on the said date, shall be deemed to have been done in terms of the last-mentioned Act.”
(The corresponding Act cited in section 45(1) of the Pension Laws Amendment Act 102 of 1965 (RSA GG 1171) was the Blind Persons Act 39 of 1962 (RSA GG 231).)
Pursuant to this authority, RSA Proc. R.293/1968 (RSA GG 2182) provided that the provisions of the Act were brought into force on 1 October 1968 “in the Territory of South-West Africa, including the Eastern Caprivi Zipfel, in respect of Natives, as defined in section 25 of the Native Administration Proclamation, 1928 (Proclamation No. 15 of 1928), of the said Territory, in so far as those provisions relate to Bantu”.
The Act was brought into force generally in South West Africa only when the amendments made by Act 16 of 1971 came into force on 1 January 1972. Section 18A (inserted by Act 16 of 1971) states “This Act and any amendment thereof shall, save in so far as it has already been declared to be applicable in the territory in terms of section 16(1) of the Pension Laws Amendment Act, 1968 (Act No. 79 of 1968), also apply in the territory, including the Eastern Caprivi Zipfel.” Section 1 (as inserted by Act 16 of 1971) also defines “Republic” to include “the territory”, which is defined as “the territory of South-West Africa”.][TRANSFER TO SOUTH WEST AFRICA: Section 18 of the Act gives the State President the power to assign the administration of the Act to one or more Ministers and to vary this assignment from time to time. (See RSA Proc. No. R.285/1968 (RSA GG 2176), as amended by RSA Proc. R.153/1985 (RSA GG 9917) and RSA Proc. R. 273/1971 (RSA GG 3327), repealed by RSA Proc. 219/1973 (RSA GG 4030).) Therefore it is not clear which transfer proclamation, if any, was applicable. However, the issue of transfer is not relevant to the content of the Act since there were no amendments to the Act in South Africa after 1976 (the date of the earliest transfer proclamation) and before Namibian independence.][The Act is repealed by section 21 of Act 37 of 1973, read together with the Schedule of Act 37 of 1973, “in so far as it relates to pension matters”.]ACTTo consolidate and amend the laws relating to the payment of pensions and allowances to blind persons, and of contributions towards the promotion of the welfare of such persons and matters incidental thereto.(Afrikaans text signed by the Acting State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
1. DefinitionsIn this Act, unless the context otherwise indicates -“allowance” means any additional, supplementary or attendant’s allowance referred to in section 2(a);[definition of “Bantu” deleted by Act 16 of 1971][definition of “Chinese” deleted by Act 16 of 1971][definition of “Coloured person” deleted by Act 16 of 1971]“district pension officer” means a district pension officer as defined in the Aged Persons Act, 1967 (Act No. 81 of 1967);[definition of “Indian” deleted by Act 16 of 1971]“Minister”, in relation to any power conferred or a function assigned by any provision of this Act, and in relation to persons belonging to any race or class, means the Minister to whom the administration of that provision in relation to that power or function and in relation to those persons has been assigned in terms of section 18;“pension” means a pension referred to in section 2(a);“pensioner” means a person receiving a pension;“prescribed” means prescribed by regulation made under this Act;“Republic” includes the territory;[definition of “Republic” inserted by Act 16 of 1971]“Secretary”, in relation to a power conferred or a function assigned by any provision of this Act, and in relation to persons belonging to any class or population group, means the head of the department of State in question administered by the Minister to whom the administration of that provision in relation to that power or function and in relation to those persons has been assigned in terms of section 18;[definition of “Secretary” substituted by Act 97 of 1972]“the territory” means the territory of South-West Africa;[definition of “the territory” inserted by Act 16 of 1971]“this Act” includes the regulations made thereunder;[The definition of “white person” is deleted by Act 16 of 1971. The definition of “this Act” should now end with a full stop instead of a semicolon.][RSA Proc. R.293/1968 (RSA GG 2182) provided for some definitions of terms in respect of the Act as it applied to “Bantu”, but these definitions presumably became irrelevant when the Act was applied generally to South West Africa in 1971.]
2. Payment of blind persons’ pensions and of allowances and the making of contributions in respect of blind persons
“8. Construction of section 2(2) of Act 26 of 1968 in its application to the territory of South-West Africa
For the purposes of the application of section 2(2) of the principal Act in the territory of South-West Africa, the reference to the Apprenticeship Act, 1944 (Act No. 37 of 1944), shall be construed as a reference to the Apprenticeship Ordinance, 1938 (Ordinance No. 12 of 1938), of such territory and the reference to the Industrial Conciliation Act, 1956 (Act No. 28 of 1956), and the Wage Act, 1957 (Act No. 5 of 1957), shall be construed as a reference to the Wage and Industrial Conciliation Ordinance, 1952 (Ordinance No. 35 of 1952), of such territory.”
The Apprenticeship Ordinance 12 of 1938 was repealed by the National Vocational Training Act 18 of 1994, which was repealed in turn by the Vocational Education and Training Act 1 of 2008.
The Wage and Industrial Conciliation Ordinance 35 of 1952 was repealed by the Labour Act 6 of 1992, which has been replaced by the Labour Act 11 of 2007.]
3. Registration of blind persons
4. List of medical practitioners
5. Persons entitled to blind persons’ pensions
6. Application for a blind person’s pension
7. Powers of Secretary and district pension officers to take evidence
8. Suspension or administration of pensions
9. Repayment of sums overpaid
10. Appeal to the Minister
11. Pensions or allowances not assignable or executable
12. False statements and improper receipt of pensionsAny person who, for the purpose of obtaining or retaining any pension or allowance, whether for himself or for any other person, or for the purpose of obtaining any pension or allowance for himself or for any other person at a higher rate than that appropriate to the case, makes any statement or representation which he knows to be false, and any person who receives in respect of any pension or allowance payment of any sum which he is to his knowledge not entitled to receive, shall be guilty of an offence.
13. Exemption from stamp dutyNo stamp duty shall be payable in respect of -(a)any power of attorney given by an applicant to any person to apply for any pension or allowance on his behalf or any power of attorney given by a pensioner to any person to receive payment of any pension or allowance on his behalf; or(b)any receipt given in respect of the payment of any pension or allowance.
14. Information to be furnished to the SecretaryNotwithstanding anything to the contrary in any law contained, any registrar of births and deaths, registrar of deeds or prescribed officer shall upon application by the Secretary furnish him with such information relating to any applicant for a pension as may be prescribed or as may in any particular case be determined by the Secretary.
15. Delegation of powers
16. PenaltiesAny person convicted of any offence under this Act for which no penalty is provided, shall be liable to a fine not exceeding one hundred rand or to imprisonment for a period not exceeding three months, or to both such fine and such imprisonment.
18. Administration of Act
18A. Application of Act in the territoryThis Act and any amendment thereof shall, save in so far as it has already been declared to be applicable in the territory in terms of section 16(1) of the Pension Laws Amendment Act, 1968 (Act No. 79 of 1968), also apply in the territory, including the Eastern Caprivi Zipfel.[Section 18A is inserted by Act 16 of 1971. See the note in the heading of this Act on the Act’s initial partial applicability to South West Africa under the authority of Act 79 of 1968.]
19. Repeal of laws
"7. Repeal of Ordinance 2 of 1965 of the territory of South-West Africa in certain respects
(1) Subject to subsection (2) the Social Pensions Ordinance, 1965 (Ordinance No. 2 of 1965), of the territory of South-West Africa is hereby repealed in so far as it relates to pensions for blind persons and matters incidental thereto.
(2) Anything done in terms of the ordinance repealed by subsection (1) which could be done in terms of any provision of the principal Act [Act 26 of 1968], shall be deemed to have been done in terms of the corresponding provisions of that Act.
(3) For the purposes of subsection (2) any person who immediately prior to the commencement of this Act received a pension or allowance under the ordinance repealed by this Act shall be deemed at the time of making application for such pension or allowance to have complied with the residential requirements referred to in section 5 of the principal Act.”]
20. Short title and commencementThis Act shall be called the Blind Persons Act, 1968, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.[Act 16 of 1971 provides the following transitional provision:
“Registration of blind persons in the territory of South-West Africa. 9. The name of any person in the territory of South-West Africa who, immediately prior to the commencement of this Act, was in receipt of a pension for blind persons awarded to him in terms of the Social Pensions Ordinance, 1965, or any ordinance repealed in terms thereof, shall be entered by the Secretary for Social Welfare and Pensions in the register referred to in section 3 of the principal Act, and such person shall be deemed to have been registered as a blind person in terms of that section with effect from such commencement.”]