Publications Act, 1974 (Act 42 of 1974)
South African Government Gazette no. 4426
This is the latest version of this legislation.

Publications Act, 1974
Act 42 of 1974
- Published in South African Government Gazette no. 4426 on 9 October 1974
- Assented to on 1 October 1974
- There are multiple commencements:
- [Up to date as at 6 November 2020]
Provisions | Status |
---|---|
Section 1–14, section 16–21, section 22–24, section 26, section 27, section 29, section 30–32, section 34, section 35, section 36, section 37, section 38, section 39–42, section 43, section 44, section 45–53 | commenced on 1 April 1975 by Proclamation R74 of 1975 |
Section 15, section 33 | commenced on 1 September 1975 by Proclamation R187 of 1975 |
Section 25, section 28 | commenced on 1 October 1975 by Proclamation 229 of 1975 |
Section 37A, section 42A, section 42B | commenced on 15 June 1977 by Act 79 of 1977 |
Section 35B, section 38A | commenced on 1 July 1978 by Act 109 of 1978 |
Section 35A | commenced on 2 October 1978 by Act 109 of 1978 |
Section 21A, section 29A, section 44A | commenced on 1 January 1987 by Act 60 of 1986 |
- [Amended by Publications Amendment Act, 1977 (Act 79 of 1977) on 15 June 1977]
- [Amended by Publications Amendment Act, 1978 (Act 109 of 1978) on 1 July 1978]
- [Amended by Publications Proclamation, 1978 (Proclamation AG43 of 1978) on 3 July 1978]
- [Amended by Publications Amendment Act, 1978 (Act 109 of 1978) on 2 October 1978]
- [Amended by Publications Amendment Act, 1979 (Act 44 of 1979) on 9 May 1979]
- [Amended by Divorce Act, 1979 (Act 70 of 1979) on 1 July 1979]
- [Amended by Registration of Newspapers Amendment Act, 1982 (Act 98 of 1982) on 1 May 1983]
- [Amended by Publications Amendment Act, 1986 (Act 60 of 1986) on 1 January 1987]
- [Amended by First Law Amendment (Abolition of Discriminatory or Restrictive Laws for purposes of Free and Fair Election) Proclamation, 1989 (Proclamation AG14 of 1989) on 8 June 1989]
- [Amended by Customs and Excise Act, 1998 (Act 20 of 1998) on 1 August 1998]
Certain powers under the Act were transferred to the Administrator-General by the Publications Proclamation, AG 43 of 1978 (OG 3776). However, this Proclamation did not seem to function as a transfer proclamation. Under section 2 of AG 43 of 1978, the Administrator-General was given the power to amend, set aside or substitute any decision made by any committee referred to in the principal Act, by the Publications Appeal Board, or by the Directorate of Publications. However, these bodies were still in a position to make decisions which were applicable to South West Africa if the Administrator-General did not intervene.][The Publications Proclamation, AG 43 of 1978 (OG 3776), which came into force on its date of publication, 3 July 1978, does not amend the Act but it supplements it by giving the Administrator-General of South West Africa certain powers in respect of its administration. The substantive provisions of this Proclamation are as follows:
“1. Interpretation
A reference in this Proclamation to a decision which was or may be given, shall be construed as including a reference to a prohibition, exemption, permit, condition, certificate, declaration or any other thing which was or, as the case may be, may be imposed, granted, issued or done.
2. Powers of Administrator-General in relation to Act 42 of 1974 in South West Africa
(1) The Administrator-General may amend or set aside any decision which was given under any provision of the Publications Act, 1974 (Act 42 of 1974), by a committee referred to in that Act or the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications so referred to, or substitute for such decision any other decision that may be so given.
(2) A decision given under subsection (1) by the Administrator-General, shall in the application of the said Act in the territory of South West Africa, be deemed to be a decision of a committee, the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications, as the case may be, that could have given that decision under the relevant provisions of the said Act: Provided that –
(a) in such application a reference in the said Act to the Gazette, shall be construed as a reference to the Official Gazette
(b) there shall be no appeal to the Publications Appeal Board against such a decision.”]ACTTo provide for the control of certain publications or objects, films and public entertainments; to amend the Post Office Act, 1958; to repeal the Publications and Entertainments Act, 1963; to amend the Customs and Excise Act, 1964, and the Indecent and Obscene Photographic Matter Act, 1967; and to provide for incidental matters.(Afrikaans text signed by the State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-