Registration of Arms

Coats of arms, badges, standards, flags, and other "heraldic representations" can be registered as a means of legal protection. Registration was introduced in 1935, in a limited form, and has been extended and developed since then.

Corporate Arms (1935-63)

The Protection of Names, Uniforms and Badges Act 1935 introduced voluntary registration of the "badges" - which could include coats of arms - of associations and institutions such as clubs, schools, and professional institutes. Registration confirmed the owner's "sole and exclusive right" to the device, and enabled the owner to take legal action in the event of misuse.

The registering body was the Minister of the Interior (until 1959) or the Minister of Education, Arts & Sciences (from 1959). A "badge" didn't have to be heraldically correct to qualify for registration: the emphasis was on protecting owners' rights, rather than on promoting good heraldry. Verification of ownership may not always have been too thorough, seeing that one sports club registered the arms of a London borough, and another the arms of a British marquess!

In outline, the registration process was: (i) the armiger applied to the Secretary of the department; (ii) the Secretary published the application in the Government Gazette and allowed three months for objections; (iii) the application, and any objections, were considered by the Minister; (iv) if he approved, then the Secretary registered the "badge", gazetted notice of registration, and issued a numbered registration certificate. Registration had to be renewed annually, on payment of a "refresher fee".

Municipal Arms (1949-63)

After World War II, the four provincial administrations introduced voluntary registration of municipal arms in their respective provinces. Natal pioneered the system in 1949, and it was followed by the Transvaal in 1951 and by the Cape and the Orange Free State in 1953. Registration confirmed the municipality's "sole and exclusive right" to its arms, but only within the province.

To register its arms a municipality submitted a drawing, with a written description of the colour scheme, to the provincial administration, for publication in the province's Official Gazette. In the Cape Province, if not the others too, the administration required proof that the arms were heraldically correct before it would authorise publication of the notice.

Corporate, Municipal, Official, and Family Arms (1963- )
Since 1963, corporate, municipal, official, and family/ personal arms and other "heraldic representations" (defined as including badges, flags, pennants, and seals) have been registered at the Bureau of Heraldry, in terms of the Heraldry Act 1962. As the purpose is to promote good heraldry as well as protect ownership, arms must be heraldically correct to be registrable. Registration provides legal protection throughout South Africa.

Until 1990, the Act also applied to South West Africa, which was under South African rule at that time. People and organisations in other countries can also register their arms at the Bureau, and a fair number have done so over the years.

In outline, the registration process is: (i) the armiger applies to the Bureau and pays a deposit; (ii) the State Herald scrutinises the application and, once satisfied, gazettes it and allows one month for objections; (iii) if no objections are received - or they're received and disposed of - the applicant pays the balance of the fee, the State Herald registers the arms, gazettes notice of it, and issues a numbered certificate. For the first six years, i.e. 1963-69, the application had to be approved by the Heraldry Council before the Bureau could register it.

The national and provincial arms are registered without being advertised for objections, but blazons are gazetted for information. Defence force arms and insignia are registered without being gazetted at all.

Registration is permanent and doesn't require renewal. However, the Bureau can cancel a registration at the owner's request, or if the owner no longer exists, or if the registration is discovered to have been based on false information.

Registration Certificate
The Bureau's registration certificate has changed over the years. The original certificate, used in the 1960s, read:

On behalf of the Council and Bureau of Heraldry, it is hereby certified that a coat of arms, as illustrated on the dexter side hereof and blazoned hereunder, has been registered for .......... in terms of subsection 2(d) of section three and paragraph (b) of section fourteen of the Heraldry Act 1962 (Act No 18 of 1962) as the full and exclusive property of the abovementioned person.

It was signed by the Director of Archives, the Chairman of the Heraldry Council, and the State Herald.

The second type, introduced in the late 1960s or early 1970s, is "portrait" format, edged in orange, white, and blue (until 2004) or gold and black (since 2004), and displays a large painting of the arms, the blazon, and the words:

This is to certify that arms as blazoned and illustrated above have been registered in terms of the Heraldry Act for ..........

It's signed by the State Herald (called "National Herald" on certificates since 2004) and the Chairman of the Council.

Examples can be found here, here, and here.

References/Sources/Links

South African Heraldry Website © Arthur Radburn