To amend the Water Act, 1956, so as to substitute or delete obsolete designations and expressions; and to apply the provisions of the said Act to scheduled Black areas and released areas; to amend the Police Act, 1958, so as to make other provision in respect of the establishment of municipal police units for certain areas; to amend the State Land Disposal Act, 1961, so as to further define or delete certain designations and expressions; to authorize the State President to assign certain powers or duties with retrospective effect; and to provide for the operation of the said Act in relation to certain proclamations and regulations; to amend the Housing Act, 1966, so as to delete an obsolete expression; to amend the Removal of Restrictions Act, 1967, so as to substitute an obsolete designation; and to make further provision in respect of the alteration, suspension or removal of certain restrictions or obligations by the Administrator; to amend the General Law Amendment Act, 1969, so as to make further provision in respect of the cancellation of certain title deed restrictions; to amend the Financial Relations Act, 1976, so as to delete an obsolete restriction on the legislative power of former provincial councils; to amend theConversion of Certain Rights to Leasehold Act, 1988, so as to substitute or delete obsolete designations and expressions; to make other provision in respect of the publication of certain notices; to provide for theconversion into ownership of certain rights to which the said Act relates; and to provide for the duration of the said Act; to amend the Police Third Amendment Act, 1989, so as to effect certain consequential amendments; to amend the Abolition of Racially Based Land Measures Act, 1991, so as to make other provision in respect of the phasing out of the South African Development Trust; to make further provision in respect of the functions of the Advisory Committee on Non-racial Area Measures; and to extend the powers of the State President in relation to certain laws; to amend the Upgrading of Land Tenure Rights Act, 1991, so as to substitute obsolete designations; to make further provision in respect of the administration of the provisions of the said Act; and to provide for the conversion into ownership of certain rights granted in respect of land in rural settlements; to repeal obsolete laws; and to provide for incidental matters.
(Afrikaans text signed by the Acting State President.) (Assented to 28 June 1993.
Amendment of section 60 of Act 54 of 1956, as substituted by section 8 of Act 45 of 1972 and amended by section 10 of Act 42 of 1975, section 41 of Act 63 of 1975, section 7 of Act 92 of 1980, section 10 of Act 97 of 1986 and section 28 of Act 45 of 1992 1.
"(5) If the Minister has expropriated any property under the provisions of this section and the provisions of section 31(6)(a) or 32(5) of the Deeds Registries Act, 1937 (Act No. 47 of 1937), do not apply in respect of such expropriation, the registrar of deeds in charge of the deeds registry in which the title deed to any land concerned is registered shall, if requested thereto by the secretary Director-General and pending the transfer or registration of the property in question, make notes in the appropriate registers that such property has been acquired by the Minister.".
Amendment of section 94 of Act 54 of 1956, as substituted by section 14 of Act 92 of 1980 2.
"Provided that nothing in this subsection contained shall apply to property, as so defined, belonging to the Government, including the South African Railways and Harbours Administration or any provincial administration, or the South African Development Trust constituted in terms of section 4(1) of the Development Trust and Land Act, 1936 (Act No. 18 of 1936) State or to any works or undertakings conducted carried on by or on behalf of the State or the Electricity Supply Commission referred to in section 1 of the Electricity Act, 1958 (Act No. 40 of 1958)."
"(2) The provisions of section 60(2)(b), (4) (5) and (6) shall mutatis mutandis apply in connection with the expropriation of any property or the taking of the any right in terms of this section, and any reference in the said provisions to 'Minister' (except in section 60(2) (b) (i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to an irrigation board.".
Amendment of section 112 of Act 54 of 1956, as substituted by section 15 of Act 92 of 1980 3.
"(2) The provisions of section 60(2)(b), (4) (5) and (6) shall mutates mutandis apply in connection with the expropriation of any property or the taking of any right in terms of this section, and any reference in the said provisions to 'Minister' (except in section 60(2)(b)(i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to a water board. ".
Amendment of section 138B of Act 54 of 1956, as inserted by section 1 of Act 110 of 1986 4.
"(b) The provisions of section 60(2)(b), (4) (5) and (6) shall mutates mutandis apply in connection with the expropriation ofany property or the taking of any right in terms of this subsection, and a reference in those provisions to 'Minister' (except in section 60(2)(b)(i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to a body established under section 138A.".
Repeal of section 176 of Act 54 of 1956, as substituted by section 26 of Act 97 of 1986 5. Section 176 of the Water Act, 1956, is hereby repealed.
Amendment of section 17C of Act 7 of 1958, as inserted by section 2 of Act 76 of 1989 6.
"(b) The Minister may at any time establish by notice in the Gazette a municipal police unit for any development area as defined in section 1 of the Black Communities Development Act, 1984 (Act No. 4 of 1984) which is situated outside the area of a local authority and defined in the notice. ".
Amendment of section 1 of Act 48 of 1961, as substituted by section 1 of Act 28 of 1968 and amended by section 1 of Act 66 of 1982, section 1 of Act 47 of 1987, section 1 of Act 19 of 1988 and section 36 of Act 9 of 1989 7.
any land referred to in paragraph 13 of Schedule 1 to the Republic of South Africa Constitution Act, 1983 (Act No.
any land transferred to the Minister of Regional and Land Affairs in terms of paragraph 1 (e) of Proclamation No. R.
by the deletion of the definition of "board".
Paragraph (b) of the definition of "Minister" in section 1 of the State Land Disposal Act, 1961, as substituted by subsection (1)(a), shall be deemed to have come into operation on 1 April 1992.
Amendment of section 6 of Act 48 of 1961, as substituted by section 4 of Act 66 of 1982 8.
"(1) The State President may either generally or in regard to specified State land or in a specified case assign with retrospective effect from a date not earlier than 1 April 1992 to the Minister or to the board any power or duty conferred or imposed upon him by section 2, 2A or 5 and any power or duty to issue deeds of grant which he may otherwise have."
"(2) If the State President assigns to the Minister or to the board any power conferred upon him by section 2, the Minister or the board, as the case may be shall have the powers and be subject to the duties conferred or imposed upon the State President by section 5 in connection with the exercising of the power so assigned."
Insertion of section 8A in Act 48 of 1961 9.
8A. The provisions of this Act shall apply in addition to, and not in substitution for, the provisions of any proclamation or regulation referred to in sections 5(2), 8(2) and 11(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991).
Subsection (1) shall be deemed to have come into operation on 1 April 1992.
Substitution of section 84 of Act 4 of 1966, as substituted by section 14 of Act 97 of 1987 10.
Any local authority to which a loan in respect of a scheme has been granted in terms of this Act, any housing utility company to which a loan or advance for the provision of housing has been granted in terms of this Act and any natural person to whom a housing loan, building loan or local authority housing loan for the construction of an approved dwelling has been granted, may at its or his request be exempted by the Administrator concerned from the provisions of any by-law, regulation or town planning scheme or the conditions of establishment of a township relating to the type of dwelling to be constructed, the materials to be used in the construction thereof or the applicable general building standards applicable in the development area concerned.
Amendment of section 1 of Act 84 of 1967, as amended by section 1 of Act 18 of 1984 11.
Amendment of section 2 of Act 84 of 1967, as amended by section 61 of Act 70 of 1968, section 7 of Act 96 of 1969 and section 2 of Act 18 of 1984 12.
"(2) The provisions of subsection (1) shall not apply in respect of any condition of title affecting rights to minerals or any condition imposed under the provisions of section 5(3) of the Townships Amendment Act, 1908 (Act No. 34 of 1908), of the Transvaal, or of section 16(3) of the Orange Free State Metals Mining Act, 1936 (Act No. 13 of 1936), or of section 2(2) of the Physical Planning and Utilization of Resources Act, 1967 (Act No. 88 of 1967), or in respect of any condition specifically prohibiting or restricting the sale or supply of intoxicating liquor or the sale, lease or occupation of any land to or by a non-white person, except in so far as such condition relates to the occupation of land which is used or is intended to be used for public purposes by the State or a local authority.".
Substitution of section 28 of Act 101 of 1969 13.
Any provision in the title deed of any immovable property prohibiting or restricting the ownership transfer, hypothecation or letting of such property to, or the possession, occupation or use of such property by, any person who is a member of a particular race or class population or ethnic group or who is not of a particular population or ethnic group, is hereby cancelled, irrespective of whether such provision was imposed in terms of any law or otherwise.
The officer in charge of the deeds registry concerned shall on application by the owner of any immovable property concerned or his authorized agent, and on production of the relevant title deed endorse the fact of such cancellation on such title deed.
No office fees, stamp duty or transfer duty shall be payable in respect of any such cancellation or endorsement.
Subsection (1) shall be deemed to have come into operation on 30 June 1991.
Amendment of section 8 of Act 65 of 1976 14. (1) Section 8 of the Financial Relations Act, 1976, is hereby amended by the deletion of subsections (2) and (3).
Amendment of section 1 of Act 81 of l998 15.
"'formalized township' means a formalized township as defined in section 1(1) of the Upgrading of Land Tenure Rights Act, 1991 (Act No.
"'township register' means a register referred to in section 46(1) of the Deeds Registries Act, 1937;".
Amendment of section 2 of Act 81 of 1988 16.
"(1) Any secretary The Director-General shall conduct an inquiry in the prescribed manner in respect of affected sites within development areas situated within his province in order to determine who shall be declared to have been granted a right of leasehold or in the case where the affected sites are situate in a formalized township for which a township register has been opened, ownership with regard to such sites."
(ii)(b) the holder of rights which in the opinion of the secretary Director-General are similar to the rights of the holder of a site permit, certificate or trading site permit, determine whom he intends to declare to have been granted a right of leasehold or, in the case where that site is situate in a formalized township for which a township register has been opened, ownership in respect of the site concerned.
"(d) that, subject to any decision of the Administrator concerned on appeal, the person concerned shall be declared to have been granted a right of leasehold or, in the case where that site is situate in a formalized township for which a township register has been opened, ownership in respect of the site concerned.".
Substitution of section 4 of Act 81 of l988 17.
in the case where the affected site is situate in a formalized township for which a township register has been opened, ownership in respect of the affected site concerned.
The provisions of section 52(4) of the principal Act shall not apply in respect of any leasehold contemplated in subsection (1) of this section.
Substitution of section 5 of Act 81 of 1988 18.
in terms of section 4(1)(b), he shall lodge such declaration and a certificate of ownership, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No.
make a copy of the signed certificate of ownership available to the Director-General for delivery to the person to whom that affected site has been transferred.
If the occupier of a site is not the holder of the right of leasehold or the owner in respect of it, the secretary Director-General shall not act in terms of subsection (1) unless heis satisfied that the amount of any bona fide improvements on the site that have been affected effected by that occupier has beenassessed in the prescribed manner and paid to that occupier, or that security to the satisfaction of the secretary Director-General has been furnished for the payment of that amount.
(3)(a) Sections 10(1)(q) and 16A of the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall apply in respect of the said right of leasehold as if it were a right of leasehold referred to in those sections.
No provision of section 15 or 17 of the Deeds Registries Act, 1937, shall apply, and no transfer duty, stamp duty or other fees shall be payable, in respect of the said transfer of ownership.
The secretary Director-General shall for the purposes of the any registration of the right of leaseholdin terms of this section be deemed to be the duly authorized representative of the local authority concerned.
Amendment of section 6 of Act 81 of 1988 19.
"Provided that nothing in this subsection contained shall be construed as derogating from any right that the holder of a site permit, certificate, trading site permit or rights contemplated in section (ii) might have acquired by virtue of the provisions of the regulations.".
Amendment of section 11 of Act 81 of l988 20.
"(1) The holder of a site permit, certificate, trading site permit or rights contemplated in section 2(4)(b)(ii) shall, notwithstanding the repeal of the regulations by this Act but subject to the provisions of any other law, and until a right of leasehold or the transfer of ownership in respect of the site concerned has been registered or until he has become a lessee under section 6(1)(c), as the case may be, have the same rights that he would have had in respect of that site in terms of the regulations as if they were not repealed by this Act.".
Insertion of section 12A in Act 81 of l988 21.
12A. This Act shall cease to have effect on a date fixed by the State President by proclamation in the Gazette.
Substitution of long title of Act 81 of 1988 22.
To provide for the conversion of certain occupational rights in development areas to rights of occupation into leasehold or ownership and for matters connected therewith.
Substitution of word "secretary" in Act 81 of 1988 23.
The Conversion of Certain Rights to Leasehold Act, 1988, is hereby amended by the substitution for the word "secretary", wherever it appears, of the word "Director-General".
Substitution of section 13 of Act 81 of 1988 24.
This Act shall be called the Conversion of Certain Rights to into Leasehold or Ownership Act, 1988, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amendment of section 4 of Act 76 of 1989, as amended by section 10 of Act 110 of 1990 25.
"(3) A reference in any law to a person appointed under section 34 of the Black Local Authorities Act, 1982 (Act No. 102 of 1982), shall, in respect of the area of a local authority as defined in section 1(1) of the said Act, be construed as a reference to a member of a municipal police unit established by section 17C(1)(a) of the principal Act in respect of such area."
Substitution of long title of Act 76 of 1989 26.
To amend the Police Act, 1958, in order to provide for the establishment of municipal police units in the areas of Black local authorities and in certain development other areas; for the appointment of members of those units, and the powers and duties of such members; for the transfer of certain persons in the employment of the said local authorities and of certain persons serving in the said development areas to municipal police units; and for the transfer to the State of certain movable and immovable property used by the said local authoritiesor in the said development areas in connection with municipal police functions; and to provide for incidental matters.
Amendment of section 12 of Act 108 of 1991 27.
by the deletion of paragraph (b) of the said subsection (2).
Substitution of section 83 of Act 108 of 1991 28.
may, with the approval of the said Minister, establish one or more sub-committees to inquire into, and to report to the Committee in regard to, any matter falling within the scope of the Committee's functions.
such persons, as the Committee may determine, and the Committee may at any time dissolve or reconstitute such sub-committee.
Amendment of section 87 of Act 108 of 1991 29.
(iv) amend the amendment of the Rural Areas Act (House of Representatives), 1987 (Act No.
9 of 1987, or a any regulation made thereunder, or the repeal of the said Act or any such regulation.
may, subject to the suchqualifications which as the State President may think fit, provide for the extension or restriction of the application of any such law or any provision thereof.
Amendment of section 1 of Act 112 of 1991 30.
Amendment of section 15 of Act 112 of 1991 31.
Official Gazette declare a township specified in the notice to be a formalized township for the purposes of Chapter 1.
Insertion of Chapter 2A and sections 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H and 181 in Act 112 of 1991 32.
18A. (1) Notwithstanding anything to the contrary in this Act contained but subject to the provisions of subsection (2), the Administrator may by notice in the Official Gazette declare any area specified in the notice to be a rural settlement.
if that area is situate on tribal land, the tribe in question has requested the Administrator by means of a tribal resolution to take steps to declare that area to be a rural settlement with a view to converting the land tenure rights granted to individuals in respect of pieces of land in that area into ownership.
The laws relating to the subdivision of land, the establishment of townships and town planning shall not apply in respect of any area referred to in subsection (1).
The Administrator may at any time amend or withdraw a notice referred to in subsection (1) by like notice in the Official Gazette: Provided that any such amendment or withdrawal shall not derogate from the validity of anything done in terms of this Chapter, or from any right, privilege, obligation or liability acquired, accrued or incurred in terms of or by virtue of this Chapter.
18B. (1) Subject to the provisions of subsection (2) and the availability of moneys and personnel, the Administrator shall in respect of an area in which land tenure rights mentioned in Schedule 2 were granted in respect of pieces of land, take with the co-operation of the community residing in such area such steps as may be necessary to declare the area to be a rural settlement.
Subsection (1) shall not apply in respect of any area situate on tribal land unless the tribe in question has requested the Administrator by means of a tribal resolution to take steps to declare that area to be a rural settlement with a view to converting the land tenure rights granted to individuals in respect of pieces of land in that area into ownership.
cause the said diagram and general plan to be submitted to the surveyor-general for his approval.
18D. (1) If the Administrator is of the opinion that the register of land rights of an area in which land tenure rights mentioned in Schedule were granted in respect of pieces of land has not been written up or properly written up, he may designate any person to compile a register of land rights for such area or to update the existing register, and to rectify or supplement errors and omissions, as the case may be.
If the Administrator receives a request from a tribe in terms of section 18B(2) in respect of any area on tribal land in which the individual pieces of land are occupied or utilized by individuals and their families under the indigenous law or customs of that tribe, he may designate any person to compile a register of land rights for such area.
If any area referred to in subsection (1) or (2) has not been surveyed, the functions mentioned in that subsection shall not be performed before the survey of such area has commenced.
Any register of land rights compiled or updated in terms of this section shall, as to its format, form and contents, be compiled or updated in accordance with the legal and administrative requirements applicable to the registers used in a deeds registry in connection with the registration of farms or other pieces of land.
consider any representations made to him, either orally or in writing, by any person who lays claim to be registered in the register as the holder of a land tenure right.
for the purposes of paragraph (a), (b) or (c), at any reasonable time enter upon any land in such area.
Whenever the designated person performs his functions under this section, he may be accompanied by such persons as he may in the circumstances of any particular case consider necessary.
The Administrator shall issue to a person designated under subsection (1) or (2) proof in writing of his designation, and such a person shall not perform any function under this section unless he is at the time of performing that function in possession of such proof, which proof shall be produced at the request of any person affected by the performance of that function.
18E. (1) Any person aggrieved by any entry made by a person designated under subsection (1) or (2) of section 18D in a register of land rights compiled or updated in terms of that section, may within 30 days after he became aware of the entry appeal in writing against such entry to the Administrator.
dismiss the appeal.
The Administrator shall cause a person who lodged an appeal with him to be notified in writing of his decision on the appeal.
a register of land rights or, if the register for that area has been compiled or updated in terms of section 18D, the register so compiled or updated, register such diagram, general plan and register in the deeds registry in such manner as he may consider fit, and make the necessary endorsements or entries in respect of such title deed, his registers and other documents in order to give effect to the provisions of this Chapter.
in respect of which the relevant title deed, diagram, general plan and register have been produced to the registrar of deeds in terms of subsection (1), shall, upon the lodgement by the owner of such piece of land at the relevant deeds registry of a certificate of ownership, on the form prescribed for that purpose under the Deeds Act and made out in the name of the person who is the holder of the relevant land tenure right, be converted into ownership by that registrar of deeds by the registration of the piece of land in the name of the said person: Provided that the registrar of deeds shall not so register any piece of land unless a certificate of rights to minerals has been taken out for the reservation of the rights to minerals in respect of such piece of land or the land on which such area is situate, as the case may be.
As from the registration of the piece of land in the name of the said person, the ownership of the piece of land shall vest exclusively in that person.
No provision of section 15 or 17 of the Deeds Act shall apply in respect of the transfer of ownership effected by such conversion.
Notwithstanding the provisions of the Deeds Act, the registrar of deeds shall register the transfer of ownership of any piece of land under the circumstances referred to in subsection (2) by signing the certificate of ownership lodged at the deeds registry in terms of that subsection.
make a copy of the signed certificate of ownership available to the person who has lodged it under subsection (2), for delivery to the person to whom the piece of land has been transferred.
No transfer duty, stamp duty or other fees shall be payable in respect of any registration, endorsement, entry or transfer in terms of this section.
18G. Ownership which vests in any piece of land by virtue of a conversion in terms of section 18F shall be subject to any condition, servitude or other right registered against the title of the land on which the area in question is situate.
in the case of any other transfer, be disposed of in accordance with the Deeds Act.
If any area has been declared under section 18A(1) to be a rural settlement, the Administrator may by notice in the Official Gazette impose conditions in respect of that area for the regulation of the use of the pieces of land in the area.
may at any time be amended or withdrawn by the Administrator by like notice.
The Administrator shall exercise the powers conferred upon him by this section after consultation with the community residing in the area in question in such manner as he may consider the most suitable.
Any condition referred to in this section shall lapse as from the date on which a town planning scheme or a zoning scheme becomes applicable in respect of the area in question.
Amendment of section 23 of Act 112 of 1991 33.
"(a) hinders or obstructs any person designated under section 18(1) or (2), 18D(1) or (2) or 20(3) in the performance of his functions under this Act;".
Insertion of section 24A in Act 112 of 1991 34.
authorize the Administrator to perform any duty assigned to the Minister by this Act.
Substitution of word "Minister" in Act 112 of 1991 35.
The Upgrading of Land Tenure Rights Act, 1991, is hereby amended by the substitution for the word "Minister", wherever it appears in sections 15 (2), 16, 17 and 18, of the word "Administrator".
Notwithstanding the repeal of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968), any law which was made under section 38(1) of that Act and is in force in the Republic or in respect of the administration of Walvis Bay at the commencement of this Act shall continue in force until amended or repealed by an Act of Parliament.
This Act shall be called the General Law Second Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Act No. 49 of 1919 Treaty of Peace and South West Africa Mandate Act, 1919 The whole.
Act No. 19 of 1939 Police (South-West Africa) Act,1939 The whole.
Amendment Act, 1944 The whole.
(South-West Africa) Act, 1945 The whole.
Amendment Act, 1949 unrepealed.
Affairs Administration Act, 1954 The whole.
(South-West Africa) Act, 1939.
Black Laws Amendment Act, 1962 Section 14.
Amendment Act, 1963 Section 23.
General Law Amendment Act, 1967 Section 22.
Constitution Act, 1968 The whole.
Development of Self-government for Native Nations in The whole.
Act, 1969 The whole.
Development Corporation Act, 1969 The whole.
Amendment Act, 1970 The whole.
General Law Amendment Act, 1970 Section 7.
Amendment Act, 1970 Section 11.
General Law Amendment Act, 1971 Sections 26 and 27.
Black Laws Amendment Act, 1972 Sections 4, 8 and 9.
Mines, Works and Minerals in South-West Africa Amend- The whole.
Coloured Persons in The whole.
Control of the Meat Trade in South-West Africa Amend- The whole.
Administration Act, 1972 The whole.
Act, 1972 The whole. 4 of 1976Act No.
Act No. 31 of 1976 Act No.
Rehoboth Self-Government Act, 1976 The whole.
Sections 29, 30 and 36.
Sections 34, 35, 48 and 49.
Sections 3, 4, 5 and 6.
Sections 5 5 and 6.
So much of the Schedule as relates to the Development of Self-govern- ment for Native Nations in South-West Africa Act, 1968.
Proclamation No. R.
Proclamation No. R.264 of 1977 Act No.
So much as is unrepealed.
So much of Sched ule 2 as relates to the South-West Africa Constitu- tion Act, 1968.
So much of the Schedule as relates to the Mining Rights (South-West Africa) Act, 1932.
So much of Schedule 1 as Relates to the Population Registration and Identity Docu- ments in South West Africa Amendment Act, 1977.