To repeal or to amend provisions which differentiate between men and women; and to provide for matters connected therewith.
(Assented to 24 September 1993.
Amendment of section 17 of Act 47 of 1937, as substituted by section 29 of Act 88 of 1984 and amended by section 1 of Act 75 of 1987 1.
"(6) A woman married out of community of property, or person married in terms of a marriage the legal consequences of which are governed by the law of any other country, shall be assisted by his or her husband spouse in executing any deed or other document required or permitted to be registered in any deeds registry or required or permitted to be produced in connection with any such deed or document, unless the marital power has been excluded or unless the assistance of the husband spouse is in terms of this Act or on other grounds deemed by the registrar to be unnecessary.".
Repeal of section 94 of Act 47 of 1937 2. Section 94 of the Deeds Registries Act, 1937, is hereby repealed.
Amendment of section 5 of Act 32 of 1944, as amended by section 6 of Act 40 of 1952 and section 1 of Act 91 of 1977 3.
females or minors or the public generally shall not be permitted to be present thereat.
Amendment of section 111 of Act 32 of 1944, as amended by section 10 of Act 63 of 1976 4.
Section 111 of the Magistrates' Courts Act, 1944, is hereby amended by the deletion of subsection (4).
Amendment of section 3 of Act 44 of 1949, as amended by section 3 of Act 64 of 1961, section 1 of Act 95 of 1981 and section 1 of Act 70 of 1991 5.
his father one of his parents was a prohibited person or had no right of permanent residence in the Union under the law then in force in the Union and his mother other parent was not a South African citizen.
Amendment of section 4 of Act 44 of 1949, as amended by section 4 of Act 64 of 1961 6.
"(b) section 5 or 6 a South African citizen, and whose father or mother was at the time of such person's birth-".
Amendment of section 5 of Act 44 of 1949, as amended by section 5 of Act 64 of 1961 and section 2 of Act 70 of 1991 7.
his father one of his parents was, at the time of the birth, domiciled in the Union or South West Africa.
"(2) A person who, immediately prior to the date of commencement of this Act, was a Union national by virtue of the provisions of paragraph (d) of section 1 of the Union Nationality and Flags Act, 1927 (Act No. 40 of 1927), but whose father or mother was not, at the time of such person's birth, a British subject under the law then in force in the Union, shall be a South African citizen if he would have been such a citizen by virtue of the provisions of subsection (1) of this section if his father one of his parents had, at the time of the birth, been a British subject under the law then in force in the Union."
"(b) he would be such a citizen by virtue of the provisions of subsection (1) if he were the natural child of his adoptive father or mother.".
Amendment of section 10 of Act 44 of 1949, as amended by section 9 of Act 64 of 1961, section 20 of Act 69 of 1962, section 3 of Act 23 of 1964 and section 2 of Act 95 of 1981 8.
"(2) Any period during which an applicant for naturalization has been employed outside the Union in the service of the Government of the Union (otherwise than as a person engaged locally) or on a ship or aircraft or a public means of transport registered or licensed in and operating from the Union, and any period during which a woman person who is an applicant for naturalization has been resident outside the Union with her husband his or her spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as a period of residence or ordinary residence in the Union, and for such purposes the Minister may, in his discretion, regard as a period of residence or ordinary residence in the Union any period during which an applicant for naturalization has been employed outside the Union on a ship, aircraft or public means of transport operating from the Union, and any period during which a woman person who is an applicant for naturalization has been resident outside the Union with her husband his or her spouse while the latter was so employed, notwithstanding the fact that such ship, aircraft or public means of transport was not registered or licensed in the Union."
who satisfies the Minister that he has been lawfully admitted to the Union for permanent residence therein.
he is the husband of, or in the case of a woman, she is the wife of a South African citizen, he or she has in terms of any law relating to immigration obtained permission to enter the Union for permanent residence therein and he or she has resided with her husband his or her spouse in the Union or, while he or she was employed in the service of the Government of the Union, outside the Union for a period of not less than two years.
Amendment of section 17 of Act 44 of 1949, as amended by section 12 of Act 64 of 1961 and section 4 of Act 23 of 1964 9.
"(d) in the case of the husband, wife or minor child of a person who is a South African citizen by birth or descent, such husband, wife or child so resides with such person; or".
Repeal of sections 1 and 2 of Act 37 of 1953 10.
Sections 1 and 2 of the Matrimonial Affairs Act, 1953, are hereby repealed.
Amendment of section 3 of Act 23 of 1957, as amended by section 5 of Act 139 of 1992 11.
"(g) any person whose wife spouse keeps or resides in or manages or assists in the management of a brothel unless he such person proves that he or she was ignorant thereof or that he or she lives apart from her the said spouse and did not receive the whole or any share of the moneys taken therein.".
Amendment of section 78 of the First Schedule to Act 44 of 1957 12.
"(3) Whenever it appears to a convening authority or a court martial that, in the interests of good order or public morals or the administration of justice or for reasons of security, a trial ought not to be conducted or continued in open court, the convening authority or the court martial may at any time either before the commencement or during the course of the trial, order that persons other than the accused, his counsel and the necessary court officials, or females, that juveniles or other classes of persons, shall not be permitted to be present at the trial.".
Amendment of section 5 of Act 63 of 1962, as amended by section 2 of Act 30 of 1972, section 11 of Act 70 of 1974, section 10 of Act 4 of 1976, section 2 of Act 115 of 1977, section 7 of Act 102 of 1983 and section 2 of Act 29 of 1987 13.
to sell and supply sorghum beer.
Amendment of section 16 of Act 63 of 1962, as amended by section 93 of Act 42 of 1964, section 19 of Act 98 of 1965, section 5 of Act 30 of 1972 and section 23 of Act 62 of 1973 14.
Section 16 of the Sorghum Beer Act, 1962, is hereby amended by the deletion of paragraph (c) of subsection (1).
Amendment of section 15 of Act 47 of 1963, as substituted by section 6 of Act 112 of 1992 15.
Section 15 of the Coloured Persons Education Act, 1963, is hereby amended by the deletion of paragraph (g) of subsection (1).
Repeal of section 17 of Act 66 of 1965 16.
Section 17 of the Administration of Estates Act, 1965, is hereby repealed.
notwithstanding the provisions of section 17 as so applied, letters of curatorship may be granted to a married woman as curatrix of her husband or his property, without his consent.
Amendment of section 16 of Act 16 of 1967, as substituted by section 6 of Act 14 of 1991 18.
Titles Office or required or permitted to be produced in connection with any such deed or document, unless the marital power has been excluded or unless the assistance of the husband other spouse is in terms of this Act or on other grounds deemed by the registrar to be unnecessary.
Substitution of section 30 of Act 16 of 1967 19.
a woman person who at the date of the registration was married out of community of property or whose marriage was at that date governed by the law of any country other than the Republic or South-West Africa and who has since been widowed or become a widow or widower or been divorced, the registrar may on written application by such woman person (assisted where necessary by her husband such person's spouse) and on production of the relevant deed or, where there are two or more interdependent deeds, of all such deeds, and of proof to his satisfaction of the change in her such person's status, record the change on such deed or deeds and in the registers.
Amendment of section 38 of Act 16 of 1967 20.
to a woman unless in the said written consent she renounces any special legal exceptions which she would otherwise be entitled to raise.
Repeal of section 60 of Act 16 of 1967 21.
Section 60 of the Mining Titles Registration Act, 1967, is hereby repealed.
Amendment of section 3 of Act 68 of 1969, as amended by section 10 of Act 139 of 1992 22.
"(a) the person against whom the prescription is running is a minor or is insane, or is a woman whose separate property is controlled by her husband by virtue of his marital power, or is a person under curatorship, or is prevented by superior force from interrupting the running of prescription as contemplated in section 4; or".
Amendment of section 216 of Act 61 of 1973, as substituted by section 15 of Act 59 of 1978 and amended by section 15 of Act 83 of 1981, section 10 of Act 70 of 1984 and section 8 of Act 18 of 1990 23.
the written consent under section 218(1)(b) of the husband of any woman appointed as a director of the company has been obtained on the prescribed form.
Amendment of section 218 of Act 61 of 1973, as substituted by section 17 of Act 59 of 1978 24.
"(b) a minor or any other person under legal disability save a married woman subject to the marital power of her husband whose written consent to her appointment as a director has, on the form referred to in section 211(1)(a), been lodged with the company;".
Amendment of section 14 of Act 78 of 1973 25.
"(1) Save as provided in subsection (2), No male person under the age of 16 years and no female shall perform risk work at a controlled mine or a controlled works, and no owner of such a mine or works or person in control of such a mine or works or any part thereof or contractor shall knowingly permit any male person under the age of 16 years or any female to perform risk work at such mine or works."
by the deletion of subsection (2).
Amendment of section 1 of Act 80 of 1976 26.
"(a) a sublessee and the widower or widow or divorced or deserted wife spouse of a lessee or sublessee who was living with him the lessee at the time of his the lessee's death, divorce or desertion;".
Amendment of section 108 of Act 91 of 1981, as amended by section 15 of Act 42 of 1985 27.
Section 108 of the Co-operatives Act, 1981, is hereby amended by the deletion of paragraph (c) of subsection (1).
Amendment of section 33 of Act 61 of 1984 28.
Section 33 of the Small Claims Courts Act, 1984, is hereby amended by the deletion of subsection (4).
Substitution of section 11 of Act 88 of 1984 29.
The common law rule in terms of which a husband obtains the marital power over the person and property of his wife is hereby repealed.
Any marital power which a husband has over the person and property of his wife immediately prior to the date of coming into operation of this subsection, is hereby abolished.
The provisions of Chapter III shall apply to every marriage in community of property irrespective of the date on which such marriage was entered into.
The abolition of the marital power by subsection (2) shall not affect the legal consequences of any act done or omission or fact existing before such abolition.
Substitution of section 13 of Act 88 of 1984 30.
The provisions of this Chapter do not affect the law relating to the position of the husband as head of the family or the law relating to domicile and guardianship.
Repeal of section 26 of Act 88 of 1984, as substituted by section 5 of Act 3 of 1988 31.
Section 26 of the Matrimonial Property Act, 1984, is hereby repealed.
Amendment of section 1 of Act 72 of 1986 32.
Section 1 of the Identification Act, 1986, is hereby amended by the substitution in paragraph (d) of subsection (2) for the word "wife" of the word "spouse".
Amendment of section 4 of Act 72 of 1986 33.
Section 4 of the Identification Act, 1986, is hereby amended by the substitution in paragraph (b) for the word "wife" of the word "spouse".
Amendment of section 4 of Act 73 of 1986 34.
"(2) Any period during which a person applying for registration as a South African citizen has been employed outside the Republic in the service of the Government of the Republic or on a ship or aircraft or any public means of transport registered or licensed in and operating from the Republic, and any period during which a woman the spouse of a person so applying has been resident outside the Republic with his or her husband spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as a period of permanent residence in the Republic, and for such purposes the Director-General may, in his discretion, regard as a period of permanent residence in the Republic any period during which an applicant for registration as a South African citizen has been employed outside the Republic on a ship, aircraft or public means of transport operating from the Republic, and any period during which a woman the spouse of a person so applying has been resident outside the Republic with his or her husband spouse while the latter was so employed notwithstanding the fact that such ship, aircraft or public means of transport was not registered or licensed in the Republic.".
Amendment of section 5 of Act 73 of 1986 35.
is lawfully and permanently resident in the Republic and has been so resident for a continuous period of not less than two years immediately preceding her the application and after her such person's marriage to such citizen.
Amendment of section 32 of Act 50 of 1991 36.
Section 32 of the Minerals Act, 1991, is hereby amended by the deletion of subsection (2).
Amendment of section 28 of Act 96 of 1991 37.
Section 28 of the Aliens Control Act, 1991, is hereby amended by the substitution in subsection (1) for the word "wife" of the word "spouse".
Amendment of section 31 of Act 96 of 1991 38.
"(v) in the case of the wife spouse or dependant child of a person who is a South African citizen, such wife spouse or child was so resident with such person; or".
Sections 111(4) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and 33(4) of the Small Claims Courts Act, 1984 (Act No. 61 of 1984), shall, notwithstanding their repeal by sections 4 and 28 respectively, remain in force in respect of legal proceedings instituted before such repeal.
This Act shall be called the General Law Fourth Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.