Statistics Act, 1999

Act 6 of 1999

Statistics Act, 1999

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Act 6 of 1999

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Statistics Act, 1999

Act 6 of 1999

Published in Government Gazette 19957 on 21 April 1999
Assented to on 14 April 1999
Commenced on 21 April 1999
[This is the version of this document from 1 October 2025.]

[Amended by Statistics Amendment Act, 2024 (Act 29 of 2024) on 1 October 2025]

(English text signed by the President.)ACTTo provide for a Statistician-General as head of Statistics South Africa, who is responsible for the collection, production and dissemination of official and other statistics, including the conducting of a census of the population, and for co-ordination among producers of statistics; to establish a Statistics Council and provide for its functions; to repeal certain legislation; and to provide for connected matters.BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

1. Definitions

In this Act, unless the context indicates otherwise—"business" means any individual, juristic person or partnership carrying on a commercial activity;"Cabinet" means the Cabinet in the national sphere of government, referred to in section 91 of the Constitution;"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);"Council" means the South African Statistics Council, established by section 8(1);"document" includes—(a)a form, questionnaire, schedule, notice or report whether in printed or photographic form;(b)a documentary recording or transcribed computer printout or record capable of being produced as a printout by a mechanical or electronic device;(c)a medium or device by means of which information is recorded or stored;"entity within the NSS" means—(i)an organ of state; and(ii)any organisation, non-profit organisation, or business that produces and uses statistics or collects data;[definition of "entity within the NSS" inserted by section 1(a) of Act 29 of 2024]"geographic information" means information related to place, space and more specifically, information about spatial objects or features and their attributes and may also be referred to as geo-spatial information;[definition of "geographic information" inserted by section 1(b) of Act 29 of 2024]"household" means a group of people who live together at least four nights a week, eat together and share resources, or a single person who lives alone;"Minister" means the Minister in The Presidency or such other Minister as the President may assign to be the executing authority for the purposes of this Act;[definition of "Minister" substituted by section 1(c) of Act 29 of 2024]"National Statistics System" ("NSS") means the ensemble of statistical organisations and units within the Republic of South Africa, that jointly collect, process and disseminate official and other statistics;[definition of "National Statistics System" inserted by section 1(d) of Act 29 of 2024]"officer", in relation to Statistics South Africa, means—(a)a member of the staff of Statistics South Africa referred to in section 7(3)(a); or(b)any other person appointed by the Statistician-General to perform work on behalf of Statistics South Africa;"official statistics" means statistics designated as official statistics by the Statistician-General in terms of section 14(7);"organ of state" means—(a)any department of state or administration in the national, provincial or local sphere of government; or(b)any other functionary or institution—(i)exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public duty in terms of any legislation,but does not include a court or a judicial officer;"other organisation" means any non-governmental or non-profit organisation, voluntary association or other organisation other than a business, household or organ of state that does not form part of the entities within the NSS;[definition of "other organisation" substituted by section 1(e) of Act 29 of 2024]"other statistics" means statistics which have not been designated as official by the Statistician-General;[definition of "other statistics" inserted by section 1(f) of Act 29 of 2024]"prescribed" means prescribed by regulation;[definition of "prescribed" inserted by section 1(f) of Act 29 of 2024]"Public Service Act" means the Public Service Act, 1994 (Proclamation No. 103 of 1994);"respondent" means—(a)any individual or household in respect of whom or which; or(b)any organ of state, business or other organisation in respect of whose activities or affairs,any information is sought or provided for purposes of a statistical collection in terms of this Act;"return" means a document completed by—(a)a respondent; or(b)an officer of Statistics South Africa or of any entity within the NSS which produces statistics;[paragraph (b) substituted by section 1(g) of Act 29 of 2024]for the purpose of producing official or other statistics;"SASQAF" means "South African Statistical Quality Assessment Framework" as determined by the Statistician-General;[definition of "SASQAF" inserted by section 1(h) of Act 29 of 2024]"statistical collection" means the process of—(a)conducting a population or other census or a sample survey; or(b)collating administrative records or data for statistical purposes;"Statistician-General" means the person appointed as Statistician-General in terms of section 6(1);"statistics" means aggregated numerical information relating to demographic, economic, financial, environmental, social or similar matters, at national, provincial or local level, which is compiled and analysed according to relevant scientific and statistical methodology;"Statistics South Africa" means the department contemplated in section 4(1);[definition of "Statistics South Africa" amended by section 1(i) of Act 29 of 2024]"this Act" includes any regulations made in terms of this Act.[definition of "this Act" added by section 1(j) of Act 29 of 2024]

1A. Conflict with other legislation

The provisions of this Act prevail where there is a conflict relating to the matters dealt with in this Act between this Act and the provisions of any other law, save for the Constitution or any Act expressly amending this Act.[section 1A inserted by section 2 of Act 29 of 2024]

2. Purpose of Act

The purpose of this Act is to advance the planning, production, analysis, documentation, storage, dissemination and use of official and other statistics by providing for—

(a)a Statistician-General as the Statistician-General of the Republic of South Africa and the head of Statistics South Africa and for a Council;[paragraph (a) substituted by section 3(a) of Act 29 of 2024]

(b)the respective functions of the Statistician-General, the Council and the Minister and their interrelations;

(c)co-ordination between Statistics South Africa and other entities within the NSS that produce official or other statistics;[paragraph (c) substituted by section 3(b) of Act 29 of 2024]

(d)co-operation between the producers of official statistics and—

(i)the users of such and other statistics in the government, other sectors of society and the public at large;

(ii)the respondents supplying the information that results in official and other statistics;

(e)liaison with international and regional organisations that—

(i)request official statistics;

(ii)make recommendations about the standardisation, classification, collection, processing, analysis and dissemination of statistics.

3. Purpose of official statistics, statistical principles and the NSS

[heading substituted by section 4(a) of Act 29 of 2024]

(1)The purpose of official statistics is to assist organs of state, businesses, other organisations or the public in—

(a)planning;

(b)decision-making or other actions;

(c)monitoring or assessment of policies, decision-making or other actions.

(2)Official statistics must protect the confidentiality of the identity of, and the information provided by, respondents and be—

(a)relevant, accurate, reliable and timeous;

(b)objective and comprehensive;

(c)compiled, reported and documented in a scientific and transparent manner;

(d)disseminated impartially;

(e)accessible;

(f)in accordance with appropriate national and international standards and classifications; and

(g)sensitive to distribution by gender, disability, region and similar socio-economic features.

(3)The purpose of the NSS is to serve as a coordination structure for the production and use of official and other statistics.[subsection (3) added by section 4(b) of Act 29 of 2024]

(4)Entities within the NSS other than organs of state, must enter into partnership agreements with the Statistician-General in terms of section 14(11)(b), for the purpose of increasing the body of official and other statistics.[subsection (4) added by section 4(b) of Act 29 of 2024]

(5)The NSS must conduct its work in accordance with the United Nations Fundamental Principles of Official Statistics and other relevant domestic, regional, continental and global frameworks governing the production and use of statistics.[subsection (5) added by section 4(b) of Act 29 of 2024]

4. Status of Statistics South Africa

(1)Statistics South Africa referred to as a national department in the first column of Schedule 1 to the Public Service Act—

(a)continues as such; and

(b)consists of the Statistician-General and the permanent and temporary staff referred to in section 7(3)(a) of this Act.

[subsection (1) amended by section 5 of Act 29 of 2024]

(2)Subject to the Minister’s duties and powers referred to in section 5, no person or organ of state may interfere with the functioning of Statistics South Africa.

(3)For the purpose of ensuring the effectiveness of Statistics South Africa, all other organs of state must assist it in accordance with the principles of co-operative government and intergovernmental relations contemplated in Chapter 3 of the Constitution.

5. Duties and powers of Minister

(1)The Minister must—

(a)on the recommendation of the Statistician-General, prioritise the work programme of Statistics South Africa, in accordance with the purpose of official statistics and the statistical principles contemplated in section 3 and both having been advised in this regard by the Council;

(b)monitor the performance of the Statistician-General of his or her functions—

(i)as accounting officer of Statistics South Africa; and

(ii)generally with regard to the financial affairs and organisational functioning of Statistics South Africa;

(c)determine the specific performance criteria, referred to in section 12(3) of the Public Service Act, for evaluating the performance of the Statistician-General and monitor compliance with those criteria;

(d)approve or disapprove the inception, variation or discontinuance of statistical collection by a Minister or an organ of state other than Statistics South Africa, as provided in section 14(1) and (2);

(e)after consultation with the Cabinet, appoint the members of the Council as provided in section 8(3).

(2)The Minister may—

(a)subject to subsection (3), direct [he Statistician-General to undertake any statistical collection;

(b)subject to subsection (4) and on the recommendation of the Statistician-General, enter into an international agreement with the government of any other state or any international organisation relating to the purpose of this Act;

(c)after consultation with the Cabinet, terminate the membership of a member of the Council as provided in section 9(3).

(3)The Minister may not interfere with the power of the Statistician-General to decide, in respect of the activities of Statistics South Africa, on—

(a)the manner in which, and the time when, a statistical collection is to be undertaken;

(b)the form, extent and timing of the release of statistical information; or

(c)whether a statistical collection should be discontinued.

(4)The Minister may only enter into an international agreement in terms of subsection (2)(b) if authorised in accordance with the applicable law by the national executive which, in terms of section 231(1) of the Constitution, is responsible for the negotiating and signing of international agreements.

6. Appointment and tenure of Statistician-General

(1)The President must appoint an appropriately qualified person as the Statistician-General who is the head of Statistics South Africa.

(2)The Statistician-General must be professionally independent by acting impartially and exercising his or her powers and performing his or her duties—

(a)without fear, favour or prejudice; and

(b)in the interest of maintaining a high standard of professional service and the integrity of the statistics which Statistics South Africa produces.

(3)The provisions of the Public Service Act regarding the appointment, terms and conditions of employment, powers and duties of a head of department apply to the Statistician-General, except where otherwise provided in this Act.

(4)The person appointed as Statistician-General holds office for an agreed term not exceeding five years, which term may be renewed.

(5)The Statistician-General may resign by written notice to the President.

(6)The Statistician-General may be removed from office by the President only—

(a)on the grounds of—

(i)incapacity;

(ii)misconduct;

(iii)incompetence;

(iv)declaration as an insolvent, or

(v)conviction of an offence and sentence to a term of imprisonment without the option of a fine; and

(b)if the Cabinet, after considering a report on the matter from the Council, recommends to the President such removal.

7. Duties and powers of Statistician-General

(1)The Statistician-General—

(a)administers this Act;

(b)is the accounting officer for Statistics South Africa;

(c)after receiving advice from the Council, makes recommendations to the Minister on the policies and priorities of Statistics South Africa;

(d)directs Statistics South Africa in accordance with the duties and powers imposed or conferred on him or her by this Act, section 7(3)(b) of the Public Service Act and any other law;

(e)determines, and exercises final responsibility regarding the implementation of, the work programme of Statistics South Africa, including—

(i)the collection, compilation and analysis of official statistics in accordance with the purpose of official statistics and the statistical principles contemplated in section 3;

(ii)the times when and the manner in which statistical collections are undertaken and the form of any document pertaining thereto;

(iii)the manner in which data are processed, documented and stored;

(iv)the form, extent and timing of the release of statistical information;

(v)development work in statistics; and

(vi)the discontinuance of a statistical collection; and[subparagraph (vi) amended by section 6(a) of Act 29 of 2024]

(f)is the custodian of all official data including that arising from commissioned and collaborative work.[paragraph (f) added by section 6(b) of Act 29 of 2024]

(2)The Statistician-General must—

(a)cause a population census to be taken every 10 years thereafter, on a date determined by the Minister by notice in the Gazette, unless the Minister, on the advice of the Statistician-General and by notice in the Gazette, determines otherwise;[paragraph (a) substituted by section 6(c) of Act 29 of 2024]

(b)develop and maintain registers or lists which may be of use in producing statistics;

(c)furnish the Minister and the Council each year with a report in respect of the activities of Statistics South Africa during that year, which report the Minister must as soon as possible table in Parliament;

(d)undertake any statistical collection if so directed by the Minister in terms of section 5(2)(a);

(e)formulate quality criteria and establish standards, classifications and procedures for statistics;

(f)provide statistical advice to entities within the NSS;[paragraph (f) substituted by section 6(d) of Act 29 of 2024]

(g)in terms of section 14, promote co-ordination among producers of official statistics in order to—

(i)advance the quality, consistency, comparability and optimum use of official statistics; and

(ii)avoid unnecessary duplication;

(h)endeavour to fulfil the Republic’s international statistical reporting obligations;

(i)liaise with other countries and their statistical agencies and represent Statistics South Africa internationally with regard to statistical matters;

(j)establish and maintain such offices in the provinces as he or she considers necessary, having regard to the needs for official and other statistics for provinces and entities within the NSS, on condition that—

(i)service-level agreements or memoranda of understanding are entered into between Statistics South Africa and provincial and local government institutions in question; and[subparagraph (i) substituted by section 6(f) of Act 29 of 2024]

(ii)co-ordination of the statistical activities of the relevant provinces and other organs of state takes place in terms of section 14;

[paragraph (j) substituted by section 6(e) of Act 29 of 2024]

(k)seek to ensure appropriate public awareness of statistical collections and activities;[paragraph (k) amended by section 6(g) of Act 29 of 2024]

(l)establish a body or unit within Statistics South Africa to coordinate the entities within the NSS; and[paragraph (l) added by section 6(h) of Act 29 of 2024]

(m)publish all official statistics including those arising from commissioned and collaborative work.[paragraph (m) added by section 6(h) of Act 29 of 2024]

(3)The Statistician-General may—

(a)as regards the staff of Statistics South Africa—

(i)retain or appoint permanent, temporary and contract staff or terminate their services; and

(ii)determine their terms and conditions of employment,

in accordance with the Public Service Act and other applicable law;

(b)in terms of section 14(7), designate statistics produced by Statistics South Africa or entities within the NSS as official statistics;[paragraph (b) substituted by section 6(i) of Act 29 of 2024]

(c)accept commissioned statistical work and determine the pricing of that work;

(d)determine the pricing of Statistics South Africa’s services and products;

(e)delegate any power conferred or duty imposed on him or her by this Act, to any other officer of Statistics South Africa, but the Statistician-General—

(i)may impose conditions for such delegation;

(ii)is not by virtue of such delegation divested of that power or duty and may at any time himself or herself exercise that power or perform that duty; and

(iii)may vary or set aside any decision made in terms of such delegation;

(f)on the conditions and for the period determined by him or her, establish an advisory committee or committees to advise him or her on any matters pertaining to this Act;

(g)make, by notice in the Gazette, rules relating to—

(i)the returns, information, data and statistics to be furnished and collected in the undertaking of a statistical collection;

(ii)the manner and form in which, the times when and the places where, and the persons to whom and from whom, such statistics must be furnished and collected; and

(iii)any other matter necessary for the effective collection of statistics and the effective functioning of Statistics South Africa; and[subparagraph (iii) amended by section 6(j) of Act 29 of 2024]

(h)promote and assist statistical research, in particular, by providing access, (where he or she may lawfully do so), to data under his or her curatorship.[paragraph (h) added by section 6(k) of Act 29 of 2024]

(4)Any member of an advisory committee appointed in terms of subsection (3)(f) who is not in the full-time employment of the State receives such remuneration and allowances as the Minister of Finance determines.

(5)

(a)If the Minister, in prioritizing the work programme of Statistics South Africa in terms of section 5(1)(a), rejects the Statistician-General’s recommendation, the Minister and the Statistician-General must endeavour to resolve their disagreement after receiving advice from the Council.

(b)If the Minister and the Statistician-General fail to resolve their disagreement, the Minister makes the final decision and the Statistician-General must implement that decision.

(c)The Statistician-General may make public the fact that the decision is contrary to his or her recommendation.

(6)The Statistician-General must, for the purpose of producing official statistics, have access to any data from any producer or entity within the NSS.[subsection (6) added by section 6(l) of Act 29 of 2024]

8. Establishment of Council

(1)A council to be known as the South African Statistics Council is hereby established.

(2)The Council must consist of not less than 18 and not more than 25 members—

(a)with relevant professional proficiency and interest;

(b)broadly representative of groups or interests concerned with the production and use of official statistics, including—

(i)organs of state;

(ii)producers of statistics;

(iii)organised business and labour;

(iv)specialist and research interests, including statistics and information technology;

(v)economic and financial interests;

(vi)demographic and social interests, including rural, gender and disability interests; and

(vii)the public, including non-governmental, private, civic and other organisations; and

(c)of whom nine must be persons representing the respective provinces.

(3)The Minister must, after consultation with the Cabinet, appoint the members of the Council from nominations obtained through—

(a)public invitations for nominations; and

(b)a request to the executive council of each province to submit two or three nominations.

(4)The Statistician-General is by virtue of his or her office a member of the Council and he or she or his or her representative may attend meetings of the Council, but may not—

(a)vote at such meetings; and

(b)act as chairperson or deputy chairperson.

(5)The Minister must appoint a member of the Council as chairperson.

(6)The Council must elect one of its members as deputy chairperson.

(7)If both the chairperson and deputy chairperson of the Council are unable to act as chairperson, the other members must designate one of their number to act as chairperson during such inability.

9. Tenure of members of Council

(1)The members of the Council hold office for such period, not exceeding three years, as the Minister determines in respect of each such member.

(2)An appointed member of the Council vacates office if—

(a)he or she resigns after giving 30 days notice in writing to the Minister;

(b)the period of his or her appointment expires; or

(c)his or her membership is terminated in terms of subsection (3).

(3)The Minister may, after consultation with the Cabinet, terminate the membership of any or all of the appointed members of the Council for reasons which are just and fair.

(4)A person whose membership of the Council has terminated, is eligible for reappointment.

(5)A vacancy on the Council must be filled in accordance with section 8(2) and (3).

(6)No deficiency in the number of members of the Council affects any decision taken at a meeting in terms of section 10(5) if at least one third of the appointed members were present at that meeting.

10. Meetings of Council

(1)The Council must meet at least twice a year at such times and places as the chairperson or deputy chairperson determines by notice in writing to the other members.

(2)The chairperson or deputy chairperson—

(a)may convene a special meeting of the Council;

(b)must convene such a meeting within 14 days of the receipt of a written request signed by at least one third of the members of the Council to convene such meeting.

(3)The quorum for a meeting of the Council is one third of the appointed members.

(4)The Council determines the procedure at its meetings.

(5)A decision of the Council must be taken by resolution of the majority of appointed members present at the meeting in question and, in the event of an equality of votes, the person presiding has a casting vote in addition to his or her deliberative vote.

11. Committees of Council

(1)The Council may appoint such standing or other committees as are necessary for the effective performance of the functions of the Council.

(2)The members of a committee of the Council may include persons who are not members of the Council.

12. Remuneration of members of Council and its committees

A member of—

(a)the Council; or

(b)a committee of the Council,

who is not in the full-time employment of the State is paid such remuneration and allowances as the Minister of Finance determines.

13. Duties and powers of Council

(1)The Council must advise the Minister, the Statistician-General or an entity within the NSS which produces statistics with regard to—

(a)matters referred to the Council by the Minister, the Statistician-General or that entity within the NSS;[paragraph (a) substituted by section 7(b) of Act 29 of 2024]

(b)any matter regarding the collection, processing, analysis, documentation, storage and dissemination of statistics, including the taking of a population census, which should, in the opinion of the Council, be studied or undertaken;

(c)the elimination of unnecessary overlapping or duplication with regard to the collection or publication of statistics by organs of state;

(d)any matter the Council considers necessary or expedient for achieving the purpose of this Act;

(e)the general appropriateness to the country's needs of the services provided by Statistics South Africa.

[subsection (1) amended by section 7(a) of Act 29 of 2024]

(2)The Council must promote and safeguard—

(a)official statistics;

(b)the co-ordination of statistical activities; and

(c)an environment which is supportive of the collection, production, storage, dissemination and use of official statistics.[paragraph (c) substituted by section 7(c) of Act 29 of 2024]

(3)The Council must furnish the Minister and Statistician-General with an annual report in respect of its activities, including its advice to the Minister and Statistician-General and the outcome of that advice, during the year in question, and the Minister must as soon as possible table that report in Parliament.

(4)The Council may issue public statements on any matter relating to its functions in terms of this Act, but only after consultation with the organ of state, business or other organisation involved, if any, in the matter in question.

(5)The Statistician-General must provide the Council with such secretarial, clerical assistance and specialised skills as is necessary for the effective performance of the functions of the Council.[subsection (5) substituted by section 7(d) of Act 29 of 2024]

14. Statistical co-ordination among entities within NSS

[heading substituted by section 8(a) of Act 29 of 2024]

(1)Despite any other law—

(a)no Minister may authorise an organ of state to undertake a new statistical collection or substantially vary or discontinue any statistical collection; and

(b)no organ of state may undertake a new statistical collection or substantially vary or discontinue any statistical collection—

except with the approval of the Minister given in accordance with subsection (2), provided that in the case of any state institution referred to in section 181(1) of the Constitution, the state institution does not require the Minister’s approval, but it must consult with the Minister, who must be advised by the Statistician-General.

(2)The Minister may only grant the approval referred to in subsection (1)—

(a)on the advice of the Statistician-General; and

(b)after consultation with the head of the organ of state concerned.

(3)If so advised by the Statistician-General, the Minister may, subject to such conditions as the Minister determines, stipulate that the provisions of subsection (1) do not apply to any specific organ of state in any specific instance or class of instances.

(4)Subsection (1) does not apply to the collection of statistics undertaken in accordance with the work programme of Statistics South Africa contemplated in section 7(1)(e).

(5)As soon as possible after—

(a)the inception, variation or discontinuance of any statistical collection requiring approval in terms of subsection (1) is proposed; or

(b)any document used in such collection is prepared,

the head of the organ of state concerned must inform the Statistician-General accordingly.

(6)The Statistician-General may advise entities within the NSS regarding the application of appropriate quality criteria and standards, classifications and procedures for statistics—

(a)to improve the quality of statistics;

(b)to enhance the comparability of statistics;

(c)to minimise unnecessary overlapping or duplication with the collection or publication of statistics in that organ of state or by other organs of state.

[subsection (6) amended by section 8(b) of Act 29 of 2024]

(7)

(a)The Statistician-General may designate as official statistics any statistics or class of statistics produced from statistical collections by—

(i)Statistics South Africa; or

(ii)other organs of state, after consultation with the head of the organ of state concerned.

(b)Such designation must be in accordance with—

(i)the purpose of official statistics and the statistical principles contemplated in section 3; and

(ii)such other statistical criteria as the Statistician-General may determine by notice in the Gazette.

(8)The Statistician-General may—

(a)at his or her own instance or at the request of the Council, the Minister or any other Minister, review and comment on the production, analysis, documentation, storage, dissemination, interpretation and use of official or other statistics of any other organ of state; and

(b)after consultation with the head of that organ of state, publish any such statistics and comments thereon as he or she considers necessary or appropriate.

(9)For the purposes of assisting the Statistician-General in the performance of his or her duties imposed by this Act, the head of any other organ of state must, subject to subsection (10)—

(a)within a reasonable period, supply the Statistician-General with information he or she may request regarding any official or other statistics for which that organ of state is responsible;

(b)advise the Statistician-General from time to time of any substantial changes in the information that has been so supplied;

(c)grant the Statistician-General or any officer of Statistics South Africa authorised by him or her unhindered access, without charge, to such information or data of that organ of state as the Statistician-General requests; and

(d)allow the Statistician-General or any officer of Statistics South Africa authorised by him or her to copy, without charge, any information or data which may be used in producing official statistics.

(10)The Statistician-General may, subject to such conditions as he or she determines, stipulate that arty provision of subsection (9)(a) or (b) does not apply to any specific organ of state in any specific instance or class of instances.

(11)Subject to subsection (12), the Statistician-General may enter into an agreement with—

(a)the head of another organ of state in respect of information or data which the latter has the authority to collect;

(b)any body other than an organ of state engaged in collecting such information or data.

(12)The agreement referred to in subsection (11) is subject to the following conditions;

(a)The collection of such information or data must be undertaken either by Statistics South Africa or jointly by Statistics South Africa and that organ of state or body;

(b)the resulting statistics or information must subject to paragraph (c) and section 17(3) be exchanged between the parties or shared with the other party;

(c)if information has been supplied by any respondent who gives notice in writing to the Statistician-General that he or she objects to the exchange or sharing of that information by the parties, that information may not be so exchanged or shared;

(d)every employee within the organ of state or body who is engaged in any such joint collection or to whom such statistics or information is made available, must take an oath of confidentiality similar to that provided for in section 17(7)(a), whether or not he or she has taken an oath of confidentiality in terms of any other law.

(13)In order to promote statistical co-ordination among entities within the NSS, the Statistician-General must—

(a)develop and implement a statistical system for the NSS; and

(b)develop and implement a National Strategy for the Development of Statistics.

[subsection (13) added by section 8(c) of Act 29 of 2024]

(14)The purpose of the National Strategy for the Development of Statistics is to—

(a)develop statistical capacity within Statistics South Africa and other entities within the NSS in the form of skills and infrastructure for official statistics in order to support—

(i)the monitoring and evaluation programme of the national and sector statistics strategies;

(ii)planning and decision-making in the three spheres of government and other organs of state;

(iii)the meeting of national, international and other reporting obligations of the state; and

(iv)the building of statistical capacity in the form of statistics units within organs of state;

(b)provide a strategic framework for developing appropriate forms of, and uses for, statistics;

(c)develop an overall vision for the development of the NSS;

(d)develop a comprehensive framework for continual assessment of evolving user needs and priorities for statistics and for building the capacity needed to meet those needs;

(e)provide a framework for mobilising and managing resources nationally and internationally; and

(f)provide a basis for the effective and strategic management of the NSS.

[subsection (14) added by section 8(c) of Act 29 of 2024]

(15)The Statistician-General must, in order to promote the functions and objectives of the NSS, establish, oversee and co-ordinate the activities of the following structures:

(a)A committee, comprising representatives of Statistics South Africa, other entities within the NSS and other stakeholders who may be appointed by the Statistician-General, which must be responsible for overseeing the co-ordination of statistical projects in the NSS, with specific reference to statistical production by entities within the NSS and the measurable development outcomes of government;

(b)working groups, comprising technical experts in data handling and analysis from various entities within the NSS, which must be responsible for assembling and validating data on a sectoral basis for all national and international statistical reporting, with specific reference to statistical production by entities within the NSS and the measurable development outcomes of government;

(c)a secretariat, to be provided from the resources of Statistics South Africa, which must be responsible for co-ordinating the operations of the NSS in relation to its administrative, documentation and other service needs;

(d)stakeholder fora, comprising representatives of Statistics South Africa and other organs of state, international agencies, business, organised labour and civil society, at national, provincial and local levels, which must provide a mechanism for discussing issues, concerns and new developments in official statistics and must facilitate dialogue in relation to the proposed direction of statistical development and production, nationally;

(e)a Statistical Clearing House, the composition of which must be determined by the Statistician-General, who must appoint its members and the purpose of which is to—

(i)rationalise surveys being undertaken by various organs of state or entities within the NSS in order to remove duplication;

(ii)utilise a national catalogue or inventory of data sources for producing official and other statistics;

(iii)make recommendations to the Statistician-General regarding new statistical collections, variations and discontinuance of existing undertakings; and

(f)a state-wide statistics service, which comprises of officials from Statistics South Africa and other entities within the NSS responsible for collection, processing, analysis, storage and dissemination of statistics.

[subsection (15) added by section 8(c) of Act 29 of 2024]

(16)The Statistician-General must develop a code of ethics or conduct for professionals and others involved in the production of statistics within the NSS.[subsection (16) added by section 8(c) of Act 29 of 2024]

(17)The Statistician-General must establish and maintain a statistical training programme to enhance statistical capacity in the NSS.[subsection (17) added by section 8(c) of Act 29 of 2024]

(18)The Statistician-General must develop protocols for access to, and data sharing amongst, entities within the NSS.[subsection (18) added by section 8(c) of Act 29 of 2024]

(19)Statistical data produced by an organ of state for the purpose of formulating policy or for public consumption, must be produced by that organ of state—

(a)in accordance with the provisions of this Act; and

(b)in a manner and form aimed at ensuring the attainment of the objectives of the Act contemplated in section 2(c) and (d).

[subsection (19) added by section 8(c) of Act 29 of 2024]

(20)

(a)Entities within the NSS must produce, or be involved in the production of, official statistics or statistics which may potentially be designated as official statistics and must participate in the development and implementation of the National Strategy for the Development of Statistics and the NSS.

(b)The Statistician-General must provide such entities with assistance, facilitation and co-ordination as may reasonably be required for that purpose.

[subsection (20) added by section 8(c) of Act 29 of 2024]

(21)An organ of state required to produce, or to be involved in the production of, official statistics or statistics which may potentially be designated as official statistics, must establish a statistics unit within such organ of state, which unit must—

(a)be established using the resources of that organ of state;

(b)be headed by an official appointed by the accounting officer or head of such organ of state, in consultation with the Statistician-General, who must possess the necessary level of seniority to enable access to, and to advise the accounting officer or head of such organ of state in relation to, the issues for which such unit is responsible;

(c)be a unit operationally independent of, and not subject to the control of, or interference by, other operational units or components within such organ of state;

(d)be established in accordance with the guidance of the Statistician-General;

(e)be responsible for ensuring that—

(i)the production and handling of data within such organ of state complies with the SASQAF and other standards and guidelines as may be determined from time to time by the Statistician-General; and

(ii)the protocol for the release of official statistics determined from time to time by Statistics South Africa, the United Nations Principles of Official Statistics and the African Charter on Statistics, conforms to relevant regional, continental and global frameworks governing the production and use of statistics; and

(f)in relation to administrative and employment issues and its work programme, be accountable to the accounting authority of such organ of state and must, in relation to professional standards for the production and handling of data and statistics within that organ of state, act in accordance with the guidance of the Statistician-General.

[subsection (21) added by section 8(c) of Act 29 of 2024]

(22)Every entity within the NSS—

(a)must comply with all standards for the production of official statistics issued from time to time by the Statistician-General;

(b)must, in relation to official statistics or statistics which may potentially be designated as official statistics which that entity produces from registers, administrative records or lists, or surveys, ensure that they comply with the requirements of the SASQAF determined by the Statistician-General; and

(c)may seek technical support and advice from Statistics South Africa in relation to the development of registers and the execution of surveys and compliance with the SASQAF.

[subsection (22) added by section 8(c) of Act 29 of 2024]

(23)Entities within the NSS involved in the production of statistics must take all reasonable and expeditious steps, through proper planning, reporting, scheduling and other appropriate means, to seek the timeous designation of their statistics by the Statistician-General as official statistics under subsection (7).[subsection (23) added by section 8(c) of Act 29 of 2024]

(24)The Cabinet, the Minister or other Ministers, the Forum of South African Directors-General or a cluster of that Forum, may decide that data collected or in the process of being collected by a particular entity within the NSS, must be prioritised for consideration by the Statistician-General, to be designated as official statistics.[subsection (24) added by section 8(c) of Act 29 of 2024]

(25)In the case of data contemplated in subsection (24), the entity within the NSS must ensure that the statistical data is finalised for purposes of being assessed for such designation within a period not exceeding three years from the date on which, such entity within the NSS, is informed of the decision to prioritise such data for designation as official statistics.[subsection (25) added by section 8(c) of Act 29 of 2024]

(26)For the purposes of designating data produced by Statistics South Africa or any entity within the NSS as official statistics, the Statistician-General must constitute data quality assessment teams to undertake independent audits or assessments of statistics of such data against quality criteria provided by the SASQAF.[subsection (26) added by section 8(c) of Act 29 of 2024]

(27)Data series submitted for consideration that comply with the criteria of the SASQAF, must be certified as official statistics by the Statistician-General.[subsection (27) added by section 8(c) of Act 29 of 2024]

(28)In the event that any data series submitted for consideration do not comply with the criteria of the SASQAF, the relevant entity within the NSS must, with the support to be provided by Statistics South Africa, draw up and implement a statistical improvement plan with a view to improve the quality of such data series to meet the criteria determined for designation as official statistics.[subsection (28) added by section 8(c) of Act 29 of 2024]

(29)The Statistician-General must periodically, at such times as he or she may determine, through the data quality assessment teams, review the quality of data series that have already been designated as official statistics, to determine whether they have maintained their status as such, failing which their designation as official statistics may be terminated by the Statistician-General or may be continued, subject to such conditions as may be determined by the Statistician-General.[subsection (29) added by section 8(c) of Act 29 of 2024]

(30)Organs of state must—

(a)on an annual basis, submit statistical plans to the Statistician-General for his or her consideration and approval;

(b)ensure that their statistical plans are aligned with national, regional, continental, international and other reporting requirements; and

(c)submit annual reports on their statistical collection programmes and activities to the Statistician-General for the purposes of review, to determine the need for possible support by Statistics South Africa and to decide whether the report must be tabled by the Minister in Parliament.

[subsection (30) added by section 8(c) of Act 29 of 2024]

15. Entry on and inspection of premises

(1)For the purposes of making enquiries or observations necessary for achieving the purpose of this Act, the Statistician-General or any officer of Statistics South Africa authorised by him or her may enter on any land or premises of any individual, organ of state, business or other organisation and inspect anything thereon or therein—

(a)on the authority of a warrant issued in terms of subsection (2); or

(b)with the consent of the person who is competent to consent to such entry and inspection.

[subsection (1) substituted by section 9 of Act 29 of 2024]

(2)A warrant referred to in subsection (1)(a) may be issued in chambers by a magistrate or a judge of a High Court only if he or she is satisfied, on the basis of information on oath or affirmation, that there are reasonable grounds for believing that entry on and inspection of the land or premises concerned are reasonably necessary for the purpose contemplated in subsection (1).

(3)A warrant issued in terms of subsection (2) remains in force until—

(a)it is executed;

(b)it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority;

(c)the expiry of three months from the date of its issue; or

(d)the purpose for which the warrant was issued no longer exists,

whichever may occur first.

(4)An entry and inspection in terms of subsection (1) must be carried out—

(a)at any reasonable time during the day unless the carrying out thereof by night is justifiable and necessary; and

(b)with strict regard to decency and order, including the protection of a person’s rights to dignity, to freedom and security and to privacy.

(5)The Statistician-General or the authorised officer must, immediately before carrying out an entry and inspection in terms of subsection (1)—

(a)identify himself or herself to the owner or person in control of the land or premises, if such person is present;

(b)if applicable, hand to that persona copy of the warrant or, if that person is not present, affix that copy to a prominent place on the premises; and

(c)supply that person with particulars regarding his or her authority to carry out the entry and inspection.

16. Duty to answer questions

(1)The Statistician-General, or an officer of Statistics South Africa authorised by him or her, may, in performing his or her functions in terms of this Act, put, to any person any questions which the Statistician-General or that authorised officer considers reasonably necessary for the collection of statistics.

(2)Every person, including every employee of any organ of state, must—

(a)to the best of his or her or its knowledge and belief and subject to the right to dignity and privacy, answer, when so required, all questions put orally or in writing in terms of subsection (1); and

(b)in accordance with the instructions pertaining to any document referred to in section 7(1)(e)(ii) and not later than the date specified in that document—

(i)furnish all such information; or

(ii)sign such declaration,

as is required by that document.

(3)A document referred to in section 7(1)(e)(ii) is sufficiently authenticated if the name and designation of the competent person by whom it is given or issued, as the case may be, has been printed or stamped thereon.

17. Confidentiality and disclosure

(1)Despite any other law, no return or other information collected by Statistics South Africa for the purpose of official or other statistics that relates to—

(a)an individual;

(b)a household;

(c)an organ of state;

(d)a business; or

(e)any other organisation,

may, subject to subsections (2) and (3), be disclosed to any person.

(2)The return or other information contemplated in subsection (1) may, subject to the directions of the Statistician-General, be disclosed—

(a)to the Statistician-General and officers concerned of Statistics South Africa who have taken the oath of confidentiality referred to in subsection (7)(a);

(b)to the person from whom such return or other information was collected or his or her representative;

(c)with the prior written consent of the person from whom such return or other information was collected or his or her representative;

(d)where the information is already available to the public from the organ of state, business or other organisation concerned;

(e)in the form of lists of the names and addresses of individual organs of state and other organisations and their classifications by function, type of legal entity and range of numbers of members and employees, or other indicator of size;

(f)in the form of lists of the names and addresses of individual businesses and their classifications by industry or activity, type of legal entity, and range of numbers of employees or other indicator of size;

(g)in the form of lists of the kinds of products produced, manufactured, stored, bought or sold, or services rendered, by businesses, organs of state or other organisations or classes thereof.

(3)The Statistician-General may, for statistical purposes, disclose to another organ of state information or data gathered in the course of a joint collection undertaken with that organ in terms of section 14(11), on condition that—

(a)the name, address or any other means by which the respondents may be identified is deleted;

(b)any person who is involved in the collection of, or who may use, that information or data, must first take an oath of confidentiality similar to the one provided for in subsection (7)(a) irrespective of whether he or she has taken an oath of confidentiality in terms of any other law; and

(c)the Statistician-General is satisfied that the confidentiality of that information or data will not be impaired.

(4)Despite any other law—

(a)an entry made by the competent person concerned in terms of this Act in any document; or

(b)a return or its contents,

is not admissible as evidence in legal proceedings, except for purposes of criminal proceedings in terms of this Act.

(5)Information collected by any person, organ of state, business or other organisation for his, her or its own purposes and communicated to Statistics South Africa is subject to the same confidentiality requirements as information collected directly by Statistics South Africa, irrespective of any other confidentiality requirements to which it may have been subject when it was collected.

(6)The results of the compilation and analysis of the statistical information collected in terms of this Act may not be published or disseminated in a manner which is likely to enable the identification of a specific individual, business or other organisation, unless that person, business or organisation has consented to the publication or dissemination in that manner.

(7)The Statistician-General and every officer of Statistics South Africa must—

(a)before assuming duty, take an oath of confidentiality prohibiting disclosure of any information coming to his or her knowledge by reason of such duty before its release is authorised by the Statistician-General;

(b)preserve, and promote the preservation of, confidentiality in respect of all information that may come to his or her knowledge by reason of such employment.

18. Offences and penalties

(1)Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act—

(a)wilfully makes any false declaration, statement or return;

(b)obtains or seeks to obtain information that he or she is not duly authorised to obtain;

(c)puts to any person a question which he or she is not duly authorised to ask;

(d)asks of, or receives or takes from, any person, organ of state, business or other organisation, any payment or reward in connection with such employment, other than remuneration due to him or her in terms of this Act or the Public Service Act;

(e)wilfully discloses any data or information obtained in the course of such employment to a person not authorised to receive that information;

(f)uses information obtained in the course of such employment for the purpose of speculating in—

(i)any stock, bond or other security; or

(ii)any goods or services,

before its release is authorised by the Statistician-General; or

(g)contravenes any provision of section 17,

is guilty of an offence and liable on conviction to a fine not exceeding R20 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991), or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (1) amended by section 10(a) of Act 29 of 2024]

(2)Any person who—

(a)impersonates an officer of Statistics South Africa for the purpose of obtaining information from any person or body; or

(b)represents himself or herself to be making an entry and inspection in terms of section 15 or putting a question in terms of section 16(1) when he or she is not an officer of Statistics South Africa authorised in terms of section 15 or 16, as the case may be,

is guilty of an offence and liable on conviction to a fine not exceeding R20 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection (2) substituted by section 10(b) of Act 29 of 2024]

(3)Any individual, business or other organisation that—

(a)fails to answer a question put in terms of section 16(2)(a) or furnishes an answer to such a question which is false or misleading in any material respect, knowing the answer to be false or misleading;

(b)fails to furnish information or sign a declaration in terms of section 16(2)(b) or furnishes such information which is false or misleading in any material respect, knowing the information to be false or misleading;

(c)incites any other person to act as contemplated in paragraph (a) or (b);

(d)refuses—

(i)the Statistician-General or any authorised officer of Statistics South Africa, acting in terms of section 15, entry on any land or premises; or

(ii)to permit the Statistician-General or that authorised officer to inspect anything on or in that land or premises;

(e)wilfully obstructs the Statistician-General or any officer of Statistics South Africa in the exercise of a power, or the performance of a duty, in terms of this Act; and[paragraph (e) amended by section 10(d) of Act 29 of 2024]

(f)wilfully discloses any statistical information contrary to the provisions of this Act,[paragraph (f) added by section 10(d) of Act 29 of 2024]

is guilty of an offence and liable on conviction—

(i)in the case of an individual, to a fine not exceeding R20 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; and

(ii)in the case of a business or other organisation, to a fine not exceeding R200 000 or an amount determined by the Minister from time to time by notice in the Gazette.

[subsection (3) amended by section 10(c) and (e) of Act 29 of 2024]

(4)

(a)A conviction of an offence referred to in subsection (3)(a) or (b) does not relieve any individual, business or other organisation of the obligation to supply the correct information.

(b)If after 14 days from the date of sentencing for that offence, the information has still not been furnished, that individual, business or other organisation is guilty of a further offence and liable on conviction for each day after the expiry of that 14 day period—

(i)in the case of an individual, to a fine not exceeding R1 000 or an amount determined by the Minister from time to time by notice in the Gazette; or[subparagraph (i) substituted by section 10(f) of Act 29 of 2024]

(ii)in the case of a business or other organisation, to a fine not exceeding R20 000 or an amount determined by the Minister by notice in the Gazette.[subparagraph (ii) substituted by section 10(f) of Act 29 of 2024]

19. References in other legislation or documents

(1)Any reference in any legislation or document to the Head of the Central Statistical Services must be construed as a reference to the Statistician-General.

(2)Any reference in any legislation or document to the Statistics Council established by section 2(1) of the Statistics Act, 1976 (Act No. 66 of 1976), must be construed as a reference to the Statistics Council established by section 8(1) of this Act.

20. Repeal of legislation, and savings

(1)Subject to subsections (2), (3) and (4)—

(a)the legislation specified in the Schedule is hereby repealed; and

(b)any other legislation in force in that part of the Republic which constituted the territory of any former entity known as Transkei, Bophuthatswana, Venda, Ciskei, Gazankulu, KaNgwane, KwaNdebele, KwaZulu, Lebowa or Qwaqwa, in so far as it deals with any matter provided for in this Act, is hereby repealed.

(2)Anything done in terms of a provision of legislation repealed by subsection (1) and which could be done in terms of a provision of this Act, is regarded to have been done in terms of that provision of this Act.

(3)The person who is the Head of Statistics South Africa in terms of section 12 of, and mentioned in Schedule 2 to, the Public Service Act, immediately before the commencement of this Act, must act as the Statistician-General until the first Statistician-General is appointed in terms of section 6(1) of this Act.

(4)

(a)The Statistics Council constituted in terms of section 2 of the Statistics Act, 1976 (Act No. 66 of 1976), (in this subsection refereed to as the "previous Council"), must act as the South African Statistics Council referred to in section 8(1) of this Act (in this subsection referred to as the "new Council"), until the first Council is constituted in terms of section 8 of this Act.

(b)While the previous Council acts as the new Council, section 2 of the Statistics Act, 1976, continues to apply to that Council.

(c)The secretarial and clerical assistance provided to the previous Council in terms of section 2B of the Statistics Act, 1976, must continue until the first Council is constituted in terms of section 8 of this Act.

20A. Regulations

(1)The Minister, after consultation with the Statistician-General and the Statistics Council, may make regulations regarding—

(a)any matter required or permitted to be prescribed by this Act;

(b)coordination of the entities within the NSS;

(c)statistical collection methodology and standards;

(d)procedure on entry and inspection by officials;

(e)protocols and guidelines on data, access, and confidentiality as contemplated in section 14(18);

(f)appropriate mechanisms and structures for statistical reporting;

(g)guidelines to implement a National Strategy for the Development of Statistics as contemplated in section 14(13)(b);

(h)guidelines on the functioning of the Statistical Clearing House as envisaged in section 14(15)(e); and

(i)any other matter incidental to the matters listed in paragraphs (a) to (h).

(2)

(a)The Minister must publish the regulations to be made under subsection (1) in the Gazette for public comment at least 30 days before the date contemplated for their commencement.

(b)If the Minister alters the draft regulations, as a result of any comment, he or she need not publish those alterations before making the regulations.

[section 20A inserted by section 11 of Act 29 of 2024]

21. Short title

This Act is called the Statistics Act, 1999.

Schedule (Section 20(1)(a))

Legislation repealed

No. and year of Act	Short title
Act No. 66 of 1976	Statistics Act, 1976
Act No. 28 of 1978	Statistics Act, 1978, of the former entity known as Bophuthatswana
Act No. 15 of 1980	Statistics Act, 1980, of the former entity known as Transkei
Act No. 25 of 1986	Statistics Amendment Act, 1986

History of this document

01 October 2025 this version

Amended by Statistics Amendment Act, 2024

21 April 1999

Published in Government Gazette 19957

Commenced

Read this version

14 April 1999

Assented to

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Statistics Act, 1999

Act 6 of 1999

Statistics Act, 1999

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Statistics Act, 1999

Act 6 of 1999

1. Definitions

1A. Conflict with other legislation

2. Purpose of Act

3. Purpose of official statistics, statistical principles and the NSS

4. Status of Statistics South Africa

5. Duties and powers of Minister

6. Appointment and tenure of Statistician-General

7. Duties and powers of Statistician-General

8. Establishment of Council

9. Tenure of members of Council

10. Meetings of Council

11. Committees of Council

12. Remuneration of members of Council and its committees

13. Duties and powers of Council

14. Statistical co-ordination among entities within NSS

15. Entry on and inspection of premises

16. Duty to answer questions

17. Confidentiality and disclosure

18. Offences and penalties

19. References in other legislation or documents

20. Repeal of legislation, and savings

20A. Regulations

21. Short title

Schedule (Section 20(1)(a))

Legislation repealed

History of this document

01 October 2025 this version

21 April 1999

14 April 1999

Statistics Act, 1999

Act 6 of 1999

Statistics Act, 1999

Collections

Related documents

Ask AI

Statistics Act, 1999

Act 6 of 1999

1. Definitions

1A. Conflict with other legislation

2. Purpose of Act

3. Purpose of official statistics, statistical principles and the NSS

4. Status of Statistics South Africa

5. Duties and powers of Minister

6. Appointment and tenure of Statistician-General

7. Duties and powers of Statistician-General

8. Establishment of Council

9. Tenure of members of Council

10. Meetings of Council

11. Committees of Council

12. Remuneration of members of Council and its committees

13. Duties and powers of Council

14. Statistical co-ordination among entities within NSS

15. Entry on and inspection of premises

16. Duty to answer questions

17. Confidentiality and disclosure

18. Offences and penalties

19. References in other legislation or documents

20. Repeal of legislation, and savings

20A. Regulations

21. Short title

Schedule (Section 20(1)(a))

Legislation repealed

History of this document

01 October 2025 this version

21 April 1999

14 April 1999

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Is amended by

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