To repeal the provisions of the Black Administration Act, 1927, incrementally; to amend the Administration of Estates Act, 1965, so as to give the Masters of the High Courts jurisdiction over the property of all minors, including those who are governed by the principles of customary law; and to provide for matters connected therewith.
Sections 1, 2 (1), (2), (3), (5), (6) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 21A, 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 26 (1), 27, 31, 33, 34 and the Second Schedule of the Black Administration Act, 1927 (Act 38 of 1927) (hereafter referred to as the Act), are hereby repealed.
[Para. (a) amended by s. 1 of Act 8 of 2006.
have repealed those provisions that were assigned to them or their equivalent and have enacted and implemented corresponding provincial legislation regulating the matters dealt with in section 2 (7), (7) bis , (7) ter and (8) of the Act in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003), within their areas of jurisdiction, whichever occurs first.
[Para. (a) amended by s. 1 of Act 8 of 2006 and by s. 1 of Act 13 of 2007 and substituted by s. 1 of Act 7 of 2008.
such date as national legislation to further regulate the matters dealt with in sections 12 (1), (2), (3), (4) and (6) and 20 (1), (2), (3), (4), (5), (6) and (9) and the Third Schedule of the Act is implemented, whichever occurs first.
such date as national legislation to further regulate the matters dealt with in section 22 (7) and (8) of the Act is implemented, whichever occurs first.
such date as provincial legislation in the province of KwaZulu-Natal in order to further regulate the matters dealt with in section 24 of the Act is implemented, whichever occurs first.
[Sub-para. (i) amended by s. 1 of Act 8 of 2006.
such date as it is repealed by a competent authority, whichever occurs first.
Sections 32, 35, 36, 37, the long title and First Schedule of the Act are hereby repealed subject to the repeal of all the provisions referred to in subsections (1) to (6).
The repeal of any section, including sections 11A, 31, 34 and the Second Schedule of the Black Administration Act, 1927, by this Act must not be construed as derogating from any right which was acquired in terms of any section of the Black Administration Act, 1927, prior to the repeal thereof by this Act.
The Registrar of Deeds having jurisdiction must, without charge, remove any restrictive condition contained in a deed which was imposed by virtue of the operation of section 34 of the Black Administration Act, 1927, and contemplated in the Second Schedule thereto, if the Minister responsible for land affairs in writing approves an application by the owner of the land in question for such removal.
in the case of any mentally ill person who under the Mental Health Act, 1973 (Act 18 of 1973), has been received or is detained in any place, jurisdiction shall lie with the Master who, immediately prior to such reception or detention, had jurisdiction in respect of his or her property under paragraph (a) or (b).
This Act shall be called the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005.