To amend the Insolvency Act, 1936, so as to amend the definition of "special mortgage"; to amend the Lower Courts Act, 1944, so as to further regulate the jurisdiction of civil lower courts; to amend the Estates Act, 1965, so as to confer upon the Minister of Justice the power to determine certain amounts by notice in the Gazette; to amend the Criminal Procedure Act, 1977, so as to further regulate the proof of foreign formal evidence; to amend the Manpower Training Act, 1981, so as to alter the date on which a contract of apprenticeship is deemed to be terminated; to amend the Judges' Remuneration and Conditions of Employment Act, 1989, so as to increase the non-taxable allowance paid to judges; to amend the Tobacco Products Control Act, 1993, so as to effect certain corrections; to amend the General Law Third Amendment Act, 1993, so as to further regulate the determination of the value of remuneration in kind in agriculture; to amend the Anti-Shark Measures Control Ordinance, 1964, of Natal, so as to further regulate the powers of the Natal Sharks Board; and to provide for matters connected therewith.
Amendment of section 2 of Act 24 of 1936, as amended by section 2 of Act 16 of 1943, section 1 of Act 6 of 1972, section 1 of Act 27 of 1987 and section 4 of Act 57 of 1993 1.
" 'special mortgage' means a mortgage bond hypothecating any immov able property or a notarial mortgage bond hypothecating specially described movable property in terms of section 1 of the Security by Means of Movable Property Act, 1993 (Act No. 57 of 1993), or such a notarial mortgage bond registered before 7 May 1993 in terms of section of the Notarial Bonds (Natal) Act, 1932 (Act No. 18 of 1932), but excludes any other mortgage bond hypothecating movable property;".
Subsection (1) shall be deemed to have come into operation on 7 May 1993.
Amendment of section 29 of Act 32 of 1944, as substituted by section 3 of Act 25 of 1987 and amended by section 21 of Act 120 of 1993 2.
"(fA) actions, including an application for liquidation, in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);".
Amendment of section 80 of Act 66 of 1965, as amended by section 6 of Act 15 of 1978 3.
Section 80 of the Estates Act, 1965, is hereby amended by the substitution for the words "ten thousand rand" wherever they occur, of the words "the amount determined by the Minister from time to time by notice in the Gazette".
Amendment of section 90 of Act 66 of 1965, as substituted by section 7 of Act 12 of 1984 and amended by section 2 of Act 35 of 1986 4.
Section 90 of the Estates Act, 1965, is hereby amended by the substitution for the expression "R10 000" of the words "the amount determined by the Minister from time to time by notice in the Gazette".
Insertion of section 212A in Act 51 of 1977 5.
it is authenticated by a person, and in the manner, contemplated in section 8 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963).
The admissibility and evidentiary value of an affidavit contem plated in subsection (1) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
A court before which an affidavit contemplated in subsection (1) is placed, may, in order to clarify obscurities in the said affidavit, at the request of a party to the proceedings order that a supplementary affidavit be submitted or that oral evidence be heard: Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard.
Insertion of section 236A in Act 51 of 1977 6.
that such accounting records are or document is in the custody or under the control of such institution, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document.
that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document.
Act, 1963 (Act No. 16 of 1963).
The admissibility and evidentiary value of an affidavit contem plated in subsections (1) and (2) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard.
Amendment of section 13 of Act 56 of 1981, as amended by section 10 of Act 39 of 1990 and section 55 of Act 129 of 1993 7.
"(12) If an apprentice passes a trade test prescribed under subsection (2)(h), the registrar shall in collaboration with the training board in question, within 14 days after the last day of the test issue to him a certificate to that effect and his contract of apprenticeship shall be deemed to be terminated with effect from the last day date of issue of the test certificate.".
Amendment of section 2 of Act 88 of 1989 8. Section 2 of the Judges' Remuneration and Conditions of Employment Act, 1989, is hereby amended by the substitution in subsection (1) for the expression "R3 000" of the expression "R3 500".
Substitution of certain expressions in Act 83 of 1993 9.
5(1)(d)" of the expression "section 6(1)(d)".
Amendment of section 32 of Act 129 of 1993 10.
Amendment of section 50 of Act 30 of 1966, as substituted by section 9 of Act 29 of 1977 and amended by section 14 of Act 1 of 1982 and section 14 of Act 130 of 1992 32.
': Provided that a different method of determination may be prescribed in respect of remuneration in kind supplied by an employer in agriculture: Provided further that if an employer and a contributor in agriculture should agree in writing on the value of remuneration in kind to be supplied by the employer, such value agreed upon shall, for the purposes of this section, be deemed to be the value determined in accordance with the prescribed method: Provided further that such agreed value shall not be less than the amount prescribed.'.
Amendment of section 6 of Ordinance 10 of 1964 of Natal, as amended by section 6 of Ordinance 8 of 1978, section 1 of Ordinance 24 of 1982 and section 1 of Ordinance 30 of 1983 11.
Republic, without the prior consent of the State President: Provided further that in a case where the Board is not to be fully compensated for such assistance, advice, supplies or services, the Administrator's prior consent shall be obtained.
Any service rendered by the Natal Sharks Board established under section 2 of the Anti-Shark Measures Control Ordinance, 1964 (Ordinance No. 10 of 1964), of Natal, to the Republic of Transkei prior to the date of commencement of subsection (1), shall be deemed to have been rendered in terms of section 6(9) of the said Ordinance, and any expenditure incurred in this regard shall be deemed to have been validly incurred.
The amendment of section 6 of the said Ordinance by subsection (1) shall not affect the powers conferred upon the Administrator by section 14(2)(a) of the Provincial Government Act, 1986 (Act No. 69 of 1986), in relation to the amendment, repeal or substitution of that section or any other provision of the said Ordinance.
This Act shall be called the General Law Fifth Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.