justice laws rationalisation act 18 of 1996 · justice laws rationalisation act 18 of 1996 ... to...

JUSTICE LAWS RATIONALISATION ACT 18 OF 1996

[ASSENTED TO 10 APRIL 1996] [DATE OF COMMENCEMENT: 1 APRIL 1997] (Unless otherwise indicated)

(English text signed by the President)

as amended by

Judicial Matters Amendment Act 104 of 1996 Maintenance Act 99 of 1998

Attorneys and Matters relating to Rules of Court Amendment Act 115 of 1998

ACT

To provide for the rationalisation and consolidation of certain statutes by the extension of the operation of certain laws to certain areas forming part of the national territory of the Republic of South Africa in substitution for certain other laws applied in those areas; to repeal such other laws; and to provide for matters connected therewith.

1 Definitions In this Act, unless the context otherwise indicates- 'affected territory' means a territory referred to in section 2 (1) (a) and (b) ; 'inherited law' means a law of the Republic of South Africa which continued in operation in any affected territory by virtue of constitutional provisions enacted when such affected territory attained independence or self-government and which consequently became the law of such affected territory; and 'Minister' means the Minister of Justice.

2 Extension of laws (1) The operation of the laws specified in Schedule I, as amended by this Act, is hereby made applicable, to the extent indicated in the third column thereof, to every area which immediately before 27 April 1994 formed part of the territory of-

(a) the Republic of-

(i) Transkei;

(ii) Bophuthatswana;

(iii) Venda; or

(iv) Ciskei; or

(b) the Self-governing territory of-

(i) Gazankulu;

(ii) KaNgwane;

(iii) KwaNdebele;

(iv) KwaZulu;

(v) Lebowa; or

[Date of commencement of sub-para. (v) in so far as it applies to the extension of the Magistrates' Courts Act 32 of 1944: to be proclaimed.]

of 60JUSTICE LAWS RATIONALISATION ACT 18 OF 1996

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(vi) Qwaqwa.

(2) Any reference to a particular law specified in Schedule I shall be construed as a reference to such law as it applied immediately before the commencement of this Act, including any amendment effected in its application by a competent authority.

3 Repeal of laws The laws specified in Schedule II are hereby repealed to the extent indicated in the third column thereof.

[Date of commencement in so far as it applies to the repeal of the whole of Decree 4 (Ombudsman) of 1988 in the area of Transkei: 1 August 2000; the repeal of the whole of the Ombudsman Act 9 of 1986 and the Ombudsman Amendment Act 39 of 1991: 1

April 1999, in the area of Bophuthatswana; the repeal of ss. 14, 15, 18, 18A and 107 of the Magistrates' Courts Act 32 of 1944 in the area of Lebowa and the repeal of the whole

of the Qwaqwa Ombudsman Act 6 of 1987 in the area of Qwaqwa: 1 August 2000.]

4 Amendment of laws The laws of the former Republic of South Africa specified in Schedule III are hereby amended to the extent indicated in the third column thereof.

5 Adaptation of references to the Supreme Court Any reference to a provincial or local division of the Supreme Court of South Africa in any of the laws specified in Schedule I shall, in relation to an affected territory in which the Supreme Court Act, 1959 ( Act 59 of 1959 ), does not apply, be deemed to be a reference to the Supreme Court or the General Division of the Supreme Court having jurisdiction in that territory.

6 Appeals to a full court (1) Notwithstanding anything contained in section 2, sections 315 and 316 of the Criminal Procedure Act, 1977 ( Act 51 of 1977 ), shall have no force or effect in the affected territory of Venda until the laws of that territory relating to appeals have been repealed or appropriately amended. (2) Section 20 of the Supreme Court Act, 1959, and the Rules regulating the conduct of the proceedings of the various Provincial and Local Divisions of the Supreme Court of South Africa (otherwise known as the Uniform Rules of Court), as amended from time to time, dealing with appeals to and from a full court shall, mutatis mutandis , apply to the General Division of the Supreme Courts of the former Transkei, Bophuthatswana and Ciskei.

7 Existing districts and regional divisions Any district or regional division created, named or defined and any court established in any affected territory under section 2 of the Magistrates' Courts Act, 1944 ( Act 32 of 1944 ), or any other corresponding law, shall continue to exist and shall be deemed to have been created, named, defined or established by the Minister under section 2 of the Magistrates' Courts Act, 1944 ( Act 32 of 1944 ).

8 Appeals from Traditional Courts (1) Notwithstanding anything contained in this Act, section 29A of the Magistrates' Courts Act, 1944, shall be of no force or effect in any affected territory where the said section did not previously apply, until the laws of the said territory relating to traditional courts have been repealed or appropriately amended. (2) Notwithstanding anything contained in this Act, section 309A of the Criminal Procedure Act, 1977, shall be of no force or effect in any affected territory where the



said section did not previously apply, until the laws of such territory relating to traditional courts have been repealed or appropriately amended.

9 Preservation of certain Offices of Attorney-General Notwithstanding anything contained in section 3-

(a) sections 3 and 4 of the Criminal Procedure Act, 1983 ( Act 13 of 1983 ), of the former Republic of Transkei; and

(b) sections 3 and 4 of the Criminal Procedure Act, 1977, as applicable in the former Republics of Bophuthatswana, Venda and Ciskei,

shall continue to apply in those territories until the application of the Attorney-General Act, 1992 (Act 92 of 1992), is extended to such territories.

10 Position of maintenance orders registered or confirmed under Act 6 of 1989 (1) Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 ( Act 6 of 1989 ), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 16 (1) (a) (i) or (b) (i) of the Maintenance Act 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed.

[Sub-s. (1) substituted by s. 45 (1) of Act 99 of 1998.]

(2) Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1998.

[Sub-s. (2) substituted by s. 45 (1) of Act 99 of 1998.]

(3) Subsection (1) shall be deemed to have come into operation on 27 April 1994.

11 Rules (1) Subject to section 6 (2), nothing in this Act shall affect the continuing application, mutatis mutandis , of any rules of court made under any law until repealed or appropriately amended in terms of the Rules Board for Courts of Law Act, 1985 ( Act 107 of 1985 ). (2) ......

[Sub-s. (2) deleted by s. 6 (4) of Act 115 of 1998.]

12 Extension and repeal of regulations and notices All regulations or other notices promulgated by the Minister under any of the laws specified in Schedule 1, shall apply in all affected territories where they did not previously apply, and shall apply throughout the national territory of the Republic, and all other regulations or other notices made by other functionaries under an Act repealed by this Act, and in operation in any affected territory shall, subject to section 11, be deemed to have been repealed.

13 Retention of jurisdiction in certain criminal matters (1) If, in any criminal matter, it is alleged that an offence was committed partly within



and partly outside the area of jurisdiction of a court before 27 April 1994 and the question arises-

(a) whether the prosecuting authority within the area of jurisdiction of such court has the authority to institute and to conduct a prosecution in respect of such offence; or

(b) whether such court has jurisdiction to dispose of a case where a prosecution in respect of such offence had been instituted prior to the commencement of this Act,

the prosecuting authority or the court concerned shall, if it would prior to the commencement of this Act have had such authority, be deemed to have the authority to institute such a prosecution or to dispose of such a case, as the case may be: Provided that no such prosecution shall be instituted after the commencement of this Act without authority given in writing by the Attorney-General concerned after consultation with the prosecuting authority having jurisdiction in the other area where the offence was committed. (2) The laws extended by section 2 relating to procedure and evidence shall apply in any criminal proceedings instituted and conducted in terms of subsection (1): Provided that where a prosecution referred to in subsection (1) has been instituted prior to the commencement of this Act, the case shall be disposed of in terms of the laws applicable to the court concerned immediately before the commencement of this Act.

14 Saving of pending proceedings (1) Nothing in this Act shall affect proceedings pending at the commencement of this Act and such proceedings shall be continued and concluded in every respect as if this Act had not been passed. (2) Proceedings shall, for the purposes of this section, be deemed to be pending if, at the commencement of this Act-

(a) a civil summons had been issued but judgment had not been passed; or

(b) an accused had pleaded but judgment or sentence had not been passed.

15 Savings (1) Nothing in this Act shall-

(a) affect the previous operation of any law made applicable by section 2 or repealed by section 3 or anything duly done or suffered under any law so made applicable or repealed;

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under any law so made applicable or repealed;

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so made applicable or repealed;

(d) affect any question as to whether any law was at the commencement of this Act in operation in any specific territory notwithstanding its inclusion in or omission from Schedule I or II; and

(e) affect any appointment to any office made under any law repealed by this Act, if a corresponding law referred to in Schedule I also provides for such an appointment, and anything done in connection with or by virtue of any such appointment shall be deemed to have been done under such corresponding law.



(2) When the operation of a law specified in Schedule I is made applicable to an affected territory by section 2 and a provision of such a law confers a power, jurisdiction or right, or imposes a duty or entrusts a function to the holder of an office, a body, an institution or any other authority appointed or established in terms of or under a law which has not been made applicable to such affected territory, such power, jurisdiction or right shall be exercised and such duty or function shall be performed by the holder of a corresponding office, or a corresponding body, institution or authority appointed or established for the purpose of exercising a corresponding power, jurisdiction or right, or performing a corresponding duty or function in terms of or under a law applicable to such affected territory.

[Sub-s. (2) added by s. 25 of Act 104 of 1996.]

(3) Any reference in a law specified in Schedule I to a duty, function, power, procedure, process, provision or any other act in terms of or under another law which, when the operation of the first-mentioned law is made applicable to an affected territory, has not been made applicable to such affected territory, shall be construed as a reference to a duty, function, power, procedure, process, provision or act in terms of or under a corresponding law applicable to such affected territory.

[Sub-s. (3) added by s. 25 of Act 104 of 1996.]

16 Repeals section 20 of the General Law Amendment Act 98 of 1965.

17 Repeals section 4 of the Justices of the Peace and Commissioners of Oaths Amendment Act 55 of 1970.

18 Short title and commencement (1) This Act shall be called the Justice Laws Rationalisation Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette . (2) Different dates may be fixed in terms of subsection (1) in respect of-

(a) different provisions of this Act;

(b) different laws or provisions of laws specified in Schedule I or II; and

(c) different areas referred to in section 2 (1).

Schedule I LAWS OF THE REPUBLIC OF SOUTH AFRICA UNDER THE PREVIOUS

CONSTITUTIONAL DISPENSATION MADE APPLICABLE IN THE REMAINDER OF THE NATIONAL TERRITORY BY SECTION 2

No and year of law

Short title

Extent of application

Act 24 of 1936

Insolvency Act, 1936

The whole

Act 32 of 1944

Magistrates' Courts Act, 1944

The whole

Act 8 of 1947

Commissions Act, 1947

The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953

Matrimonial Affairs Act, 1953

The whole



Act 13 of 1954

Black High Court Abolition Act, 1954

The whole

Act 56 of 1955

Criminal Procedure Act, 1955

Sections 319 (3) and 384

Act 62 of 1955

General Law Amendment Act, 1955

Sections 34, 35, 36 and 37

Act 3 of 1956

Vexatious Proceedings Act, 1956

The whole

Act 17 of 1956

Riotous Assemblies Act, 1956

Sections 16 to 18 inclusive

Act 34 of 1956

Apportionment of Damages Act, 1956

The whole

Act 50 of 1956


Sections 1, 3, 4, 5 and 6

Act 3 of 1957

Witchcraft Suppression Act, 1957

The whole

Act 20 of 1957

State Liability Act, 1957

The whole

Act 23 of 1957

Sexual Offences Act, 1957

The whole

Act 33 of 1957

Interpretation Act, 1957

The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1959

Trespass Act, 1959

The whole

Act 57 of 1959

Stock Theft Act, 1959

The whole

Act 58 of 1959

Inquests Act, 1959

The whole

Act 61 of 1961

Indemnity Act, 1961

The whole

Act 15 of 1962

Conventional Penalties Act, 1962

The whole

Act 67 of 1962

Extradition Act, 1962

The whole

Act 80 of 1962

Foreign Courts Evidence Act, 1962

The whole

Act 93 of 1962

General Law Further Amendment Act, 1962

Sections 1 and 44

Act 16 of 1963

Justices of the Peace and Commissioners of Oaths Act, 1963

The whole

Act 23 of 1963 Maintenance Act, 1963 The whole



Act 80 of 1963

Reciprocal Enforcement of Maintenance Orders Act, 1963

The whole

Act 93 of 1963


Section 24

Act 16 of 1965

Prevention of Counterfeiting of Currency Act, 1965

The whole

Act 25 of 1965

Civil Proceedings Evidence Act, 1965

The whole

Act 42 of 1965

Arbitration Act, 1965

The whole

Act 94 of 1965

Immovable Property (Removal or Modification of Restrictions) Act, 1965

The whole

Act 98 of 1965


Section 20

Act 21 of 1967

Justices of the Peace and Commissioners of Oaths Amendment Act, 1967

The whole

Act 78 of 1967

Pre-Union Statute Law Revision Act, 1967

The whole

Act 3 of 1968

Prize Jurisdiction Act, 1968

The whole

Act 9 of 1969

Assessment of Damages Act, 1969

The whole

Act 16 of 1969

Prohibition of Disguises Act, 1969

The whole

Act 18 of 1969

Formalities in respect of Leases of Land Act, 1969

The whole

Act 34 of 1969

Abolition of Juries Act, 1969

Section 35

Act 68 of 1969

Prescription Act, 1969

The whole

Act 42 of 1970


The whole

Act 94 of 1970

Limitation of Legal Proceedings (Provincial and Local Authorities) Act, 1970

The whole

Act 19 of 1973

South African Law Commission Act, 1973

The whole

Act 62 of 1973


Section 50

Act 55 of 1975 Prescribed Rate of Interest Act, 1975 The whole



Act 35 of 1976

Petition Proceedings Replacement Act, 1976

The whole

Act 36 of 1976


The whole

Act 2 of 1977

Abolition of Civil Imprisonment Act, 1977

The whole

Act 13 of 1977

Indemnity Act, 1977

The whole

Act 40 of 1977

Recognition and Enforcement of Foreign Arbitral Awards Act, 1977

The whole

Act 43 of 1977


The whole

Act 51 of 1977


The whole

Act 23 of 1979

Dissolution of Marriages on Presumption of Death Act, 1979

The whole

Act 24 of 1979


The whole

Act 70 of 1979

Divorce Act, 1979

The whole

Act 84 of 1982

Protection of Information Act, 1982

The whole

Act 57 of 1983

Computer Evidence Act, 1983

The whole

Act 105 of 1983

Admiralty Jurisdiction Regulation Act, 1983

The whole

Act 61 of 1984

Small Claims Courts Act, 1984

The whole

Act 88 of 1984

Matrimonial Property Act, 1984

The whole

Act 107 of 1985

Rules Board for Courts of Law Act, 1985

The whole

Act 34 of 1986

Special Courts for Blacks Abolition Act, 1986

The whole

Act 97 of 1986

Transfer of Powers and Duties of the State President Act, 1986

The whole

Act 24 of 1987

Mediation in Certain Divorce Matters Act, 1987

The whole

Act 81 of 1987

Intestate Succession Act, 1987

The whole

Act 82 of 1987 Children's Status Act, 1987 The whole



Act 103 of 1987

Law of Evidence and the Criminal Procedure Act Amendment Act, 1987

The whole

Act 1 of 1988

Criminal Law Amendment Act, 1988

The whole

Act 32 of 1988

Enforcement of Foreign Civil Judgments Act, 1988

The whole

Act 45 of 1988

Law of Evidence Amendment Act, 1988

The whole

Act 57 of 1988

Trust Property Control Act, 1988

The whole

Act 6 of 1989

Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989

The whole

Act 89 of 1989

Insolvency Amendment Act, 1989

The whole

Act 12 of 1990

Reciprocal Service of Civil Process Act, 1990

The whole

Act 27 of 1990

Maintenance of Surviving Spouses Act, 1990

The whole

Act 107 of 1990


The whole

Act 101 of 1991

Adjustment of Fines Act, 1991

The whole

Act 103 of 1991

Short Process Courts and Mediation in Certain Civil Cases Act, 1991

The whole

Act 105 of 1991

Game Theft Act, 1991

The whole

Act 107 of 1991

Decriminalization Act, 1991

The whole

Act 117 of 1991

Investigation of Serious Economic Offences Act, 1991

The whole

Act 139 of 1991

Prevention of Public Violence and Intimidation Act, 1991

The whole

Act 3 of 1992

Domicile Act, 1992

The whole

Act 94 of 1992

Corruption Act, 1992

The whole

Act 126 of 1992

Criminal Law Second Amendment Act, 1992

The whole

Act 127 of 1992 Interception and Monitoring Prohibition Act,

1992 The whole



Schedule II LAWS REPEALED BY SECTION 3

[Schedule II amended by s. 21 of Act 34 of 1998.]

LAWS OF THE FORMER REPUBLIC OF TRANSKEI

Act 139 of 1992


Sections 1 and 19

Act 140 of 1992

Drugs and Drug Trafficking Act, 1992

The whole

Act 57 of 1993

Security by Means of Movable Property Act, 1993

The whole

Act 62 of 1993

Documentary Evidence from Countries in Africa Act, 1993

The whole

Act 120 of 1993

Magistrates' Courts Amendment Act, 1993

The whole on date of commencement

Act 129 of 1993

General Law Third Amendment Act, 1993

Sections 61 to 64 inclusive, on date of commencement

Act 133 of 1993

Prevention of Family Violence Act, 1993

The whole

Act 192 of 1993

Guardianship Act, 1993

The whole

No and year of law

Short title

Extent of repeal

Act 13 of 1934

Succession Act, 1934

The whole

Act 24 of 1936


The whole

Act 32 of 1944


The whole except sections 14, 15, 18, 18A and 107

Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 62 of 1955



Act 3 of 1956


The whole



Act 16 of 1956

Official Secrets Act, 1956

The whole

Act 17 of 1956


The whole

Act 34 of 1956


The whole

Act 50 of 1956


The whole

Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 68 of 1957


The whole

Act 6 of 1958

Prevention of Corruption Act, 1958

The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 58 of 1959

Inquests Act, 1959

The whole

Act 61 of 1961

Indemnity Act, 1961

The whole

Act 15 of 1962


The whole

Act 67 of 1962


The whole

Act 80 of 1962


The whole

Act 93 of 1962


The whole

Act 16 of 1963


The whole

Act 23 of 1963

Maintenance Act, 1963

The whole

Act 93 of 1963


Section 24

Act 16 of 1965

Prevention of Counterfeiting Currency Act, 1965

The whole

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965 Immovable Property (Removal or Modification of

Restrictions) Act, 1965 The whole



Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 78 of 1967


The whole

Act 3 of 1968


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 34 of 1969


Section 35

Act 68 of 1969


The whole

Act 42 of 1970


The whole

Act 55 of 1970


The whole

Act 94 of 1970


The whole

Act 41 of 1971

Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971

Sections 2 to 15 inclusive and the Schedule

Act 5 of 1972


The whole

Act 62 of 1973


Section 50

Act 55 of 1975

Prescribed Rate of Interest Act, 1975

The whole

Act 3 of 1976

Transkeian Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1976

The whole

Act 35 of 1976


The whole

Act 36 of 1976


The whole

Act 25 of 1977 Stock Theft Act, 1977 The whole



Act 4 of 1978


The whole

Act 5 of 1978

Prohibition of Prostitution and Related Activities Act, 1978

The whole

Act 21 of 1978

Marriage Act, 1978


Act 39 of 1978



Act 18 of 1979

Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1979

The whole

Act 4 of 1980


The whole

Act 14 of 1980


Sections 2 and 4

Act 9 of 1983

Transkeian Penal Code, 1983

Part 9

Act 13 of 1983


The whole except sections 3 and 4

Act 17 of 1984

Indemnity Act, 1984

The whole

Act 20 of 1984

Criminal Procedure Amendment Act, 1984

The whole

Act 22 of 1985


Sections 4, 5, 18, 19 and 20

Act 9 of 1987

Extradition Amendment Act, 1987

The whole

Decree 3 of 1988

Decree 3 (Interpretation Provisions) of 1988

The whole

Decree 4 of 1988

Decree 4 (Ombudsman) of 1988

The whole

[Date of commencement of repeal of Decree 4 of 1988: 1 August 2000.]

Decree 5 of 1988

Decree 5 (Amendment of Criminal Procedure Act) of 1988

The whole

Decree 6 of 1988

Decree 6 (Prescription Amendment) of 1988

The whole

Decree 10 of 1988

Decree 10 (General Law Amendment) of 1988

The whole

Decree 13 of 1988

Decree 13 (General Law Amendment) of 1988

Sections 2, 3, 4, 16, 17, 18 and 19



LAWS OF THE FORMER REPUBLIC OF BOPHUTHATSWANA

Decree 1 of 1989

Decree 1 (Amendment of Criminal Procedure Act, 1983) of 1989

The whole

Decree 10 of 1989

Decree 10 (Law of Evidence Amendment) of 1989

The whole

Decree 16 of 1989

Decree 16 (Amendment of Magistrates' Courts Act, 1944 and Further Amendment of Criminal Procedure Act, 1983) of 1989

The whole

Decree 21 of 1989

Decree 21 (Second Further Amendment of Criminal Procedure Act, 1983) of 1989

The whole

Decree 13 of 1990

Decree 13 (Enforcement of Foreign Civil Judgments) of 1990

The whole

Decree 14 of 1990

Decree 14 (Amendment of Inquests Act, 1959) of 1990

The whole

Decree 15 of 1990

Decree 15 (Reciprocal Service of Civil Process) of 1990

The whole

Decree 16 of 1990

Reciprocal Enforcement of Maintenance Orders Decree, 1990

The whole

Decree 1 of 1991

Decree 1 (Constitutional Matters) of 1991

Section 1

Decree 10 of 1991

Decree 10 (Amendment of Criminal Procedure Act, 1983) of 1991

The whole

Decree 1 of 1994

Decree 1 (Dispute Resolutions, Peace Structures and Support Administrative Forums) of 1994

The whole

No and year of law

Short title

Extent of repeal

Act 24 of 1936


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 13 of 1954


The whole

Act 56 of 1955



Act 62 of 1955 General Law Amendment Act, 1955 Sections 34, 35, 36 and 37



Act 3 of 1956


The whole

Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 58 of 1959

Inquests Act, 1959

The whole

Act 61 of 1961

Indemnity Act, 1961

The whole

Act 15 of 1962


The whole

Act 67 of 1962


The whole

Act 80 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963


The whole

Act 23 of 1963


The whole

Act 80 of 1963


The whole

Act 93 of 1963


Section 24

Act 16 of 1965


The whole

Act 25 of 1965


The whole

Act 42 of 1965 Arbitration Act, 1965 The whole



Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 78 of 1967


The whole

Act 3 of 1968


The whole

Act 18 of 1969


The whole

Act 34 of 1969


Section 35

Act 68 of 1969


The whole

Act 42 of 1970


The whole

Act 55 of 1970


Section 4

Act 94 of 1970


The whole

Act 41 of 1971



Act 6 of 1975


The whole

Act 9 of 1975


The whole

Act 55 of 1975


The whole

Act 35 of 1976


The whole

Act 36 of 1976


The whole

Act 2 of 1977


The whole

Act 4 of 1977

Stock Theft Amendment Act, 1977

The whole

Act 13 of 1977 Indemnity Act, 1977 The whole



Act 40 of 1977


The whole

Act 43 of 1977


The whole

Act 51 of 1977



Act 4 of 1978


The whole

Act 3 of 1979

Divorce Act, 1979

The whole

Act 15 of 1980

Marriage Act, 1980

Section 25 (6)

Act 16 of 1980

Stock Theft Amendment Act, 1980

The whole

Act 20 of 1980


The whole except section 2

Act 22 of 1980


The whole

Act 33 of 1980

Criminal Procedure Second Amendment Act, 1980

The whole

Act 9 of 1981


The whole

Act 27 of 1982

Prevention of Corruption Consolidation Act, 1982

The whole

Act 29 of 1982

Trespass Act, 1982

The whole

Act 47 of 1982

Bophuthatswana Law Commission Act, 1982

The whole

Act 10 of 1983

Trust Moneys Protection Act, 1983

The whole

Act 11 of 1983


The whole

Act 13 of 1983


The whole

Act 14 of 1984


The whole

Act 31 of 1985


The whole

Act 32 of 1985

Magistrates' Courts Consolidation Act, 1985

The whole except sections 15, 16, 19, 20 and 137



Act 8 of 1986


The whole

Act 9 of 1986

Ombudsman Act, 1986

The whole

[Date of commencement of repeal of Act 9 of 1986: 1 April 1999.]

Act 16 of 1986


The whole

Act 4 of 1987

Rules Board for Courts of Law Amendment Act, 1987

The whole

Act 5 of 1987

Magistrates' Courts Consolidation Amendment Act, 1987

The whole

Act 9 of 1988

Rules Board for Courts of Law Amendment Act, 1988

The whole

Act 11 of 1988


The whole

Act 12 of 1988

Enforcement of Foreign Civil Judgments Act, 1988

The whole

Act 13 of 1988


The whole

Act 29 of 1988


The whole

Act 15 of 1989

Reciprocal Enforcement of Maintenance Orders Made in African Countries Act, 1989

The whole

Act 21 of 1989

Indemnities Act, 1989

The whole

Act 32 of 1989


The whole

Act 5 of 1990


The whole

Act 12 of 1990


The whole

Act 13 of 1990

Intestate Succession Law Restatement Act, 1990

The whole

Act 6 of 1991

Inquests Amendment Act, 1991

The whole

Act 11 of 1991

Inquests Second Amendment Act, 1991

The whole

Act 22 of 1991





LAWS OF THE FORMER REPUBLIC OF VENDA

Act 39 of 1991

Ombudsman Amendment Act, 1991

The whole

[Date of commencement of repeal of Act 39 of 1991: 1 April 1999.]

Act 8 of 1992

Adjustment of Fines Act, 1992

The whole

Act 9 of 1992


The whole

Act 11 of 1992


The whole

Act 30 of 1992


The whole

Act 62 of 1992


The whole

Act 28 of 1993

Criminal Procedure General Amendment Act, 1993

The whole

Act 31 of 1993


The whole

No and year of law

Short title

Extent of repeal

Act 38 of 1927

Black Administration Act, 1927

Section 22 ter

Act 13 of 1934


The whole

Act 24 of 1936


The whole

Act 32 of 1944



Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 13 of 1954


The whole

Act 56 of 1955



Act 62 of 1955 General Law Amendment Act, 1955 Sections 34, 35, 36 and 37



Act 3 of 1956


The whole

Act 17 of 1956


The whole

Act 34 of 1956


The whole

Act 50 of 1956


The whole

Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 68 of 1957


The whole

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 58 of 1959

Inquests Act, 1959

The whole

Act 61 of 1961

Indemnity Act, 1961

The whole

Act 15 of 1962


The whole

Act 67 of 1962


The whole

Act 80 of 1962


The whole

Act 93 of 1962


The whole

Act 16 of 1963


The whole

Act 23 of 1963


The whole

Act 80 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 16 of 1965 Prevention of Counterfeiting Currency Act, 1965 The whole



Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 78 of 1967


The whole

Act 3 of 1968


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 34 of 1969


Section 35

Act 68 of 1969


The whole

Act 42 of 1970


The whole

Act 55 of 1970


The whole

Act 94 of 1970


The whole

Act 41 of 1971



Act 5 of 1972


The whole

Act 9 of 1973

Venda Establishment of Magistrates' Court Act, 1973

The whole

Act 62 of 1973


Section 50

Act 55 of 1975 Prescribed Rate of Interest Act, 1975 The whole



Act 35 of 1976


The whole

Act 36 of 1976


The whole

Act 6 of 1977

Venda Magistrates' Courts Amendment Act, 1977

The whole

Act 13 of 1977

Indemnity Act, 1977

The whole

Act 40 of 1977


The whole

Act 43 of 1977


The whole

Act 51 of 1977



Act 4 of 1978

Venda Establishment of Magistrates' Courts Amendment Act, 1978

The whole

Act 16 of 1979

State Attorney of the Republic of South Africa Act, 1979

The whole

Act 70 of 1979

Divorce Act, 1979

The whole

Act 14 of 1980

Preservation of Good Morals Act, 1980

The whole

Act 6 of 1981


The whole

Act 7 of 1982


The whole

Act 12 of 1987

Reciprocal Enforcement of Civil Judgments Act, 1987

The whole

Act 14 of 1987


The whole

Act 16 of 1987


The whole

Act 19 of 1987


The whole

Act 20 of 1987


The whole

Act 23 of 1987


The whole

Act 24 of 1987 Abuse of Dependence-producing Substances and

Rehabilitation Centres Amendment Act, 1987 The whole



Act 10 of 1988


The whole

Act 12 of 1988


The whole

Act 15 of 1988

Enforcement of Maintenance Orders made in Countries in Africa Act, 1988

The whole

Act 18 of 1988

Venda Law Commission Act, 1988

The whole

Act 23 of 1988


The whole

Act 3 of 1989

Law of Evidence and the Criminal Procedure Amendment Act, 1989

The whole

Act 19 of 1989

Succession Amendment Act, 1989

The whole

Act 20 of 1989

Insolvency Amendment Act, 1989

The whole

Act 26 of 1989

Inquest Amendment Act, 1989

The whole

Act 27 of 1989

Children's Status Act, 1989

The whole

Act 30 of 1989


The whole

Proclamation 31 of 1990

Magistrates' Courts Amendment Proclamation, 1990

The whole


Reciprocal Enforcement of Foreign Summonses Proclamation, 1990

The whole


Criminal Procedure Amendment Proclamation, 1991

The whole


Inquests Amendment Proclamation, 1991

The whole


Criminal Law Proclamation, 1991

The whole


Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Proclamation, 1991

The whole


Law of Evidence Amendment Proclamation, 1991

The whole


Extinction of Certain Debts by Prescription Elimination Proclamation, 1991

The whole



LAWS OF THE FORMER REPUBLIC OF CISKEI


Criminal Law Second Amendment Proclamation, 1991

The whole


Maintenance Amendment Proclamation, 1992

The whole


Documentary Evidence from Countries in Africa Proclamation, 1993

The whole

No and year of law

Short title

Extent of repeal

Act 13 of 1934


The whole

Act 24 of 1936


The whole

Act 32 of 1944



Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1959 Trespass Act, 1959 The whole



Act 61 of 1961

Indemnity Act, 1961

The whole

Act 15 of 1962


The whole

Act 67 of 1962


The whole

Act 80 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 23 of 1963


The whole

Act 80 of 1963


The whole

Act 93 of 1963


Section 24

Act 16 of 1965


The whole

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 78 of 1967


The whole

Act 3 of 1968


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 34 of 1969


Section 35

Act 68 of 1969


The whole

Act 42 of 1970 Pre-Union Statute Law Revision Act, 1970 The whole



Act 94 of 1970


The whole

Act 41 of 1971



Act 62 of 1973


Section 50

Act 55 of 1975


The whole

Act 35 of 1976


The whole

Act 36 of 1976


The whole

Act 2 of 1977


The whole

Act 13 of 1977

Indemnity Act, 1977

The whole

Act 40 of 1977


The whole

Act 43 of 1977


The whole

Act 51 of 1977



Act 23 of 1979


The whole

Act 70 of 1979

Divorce Act, 1979

The whole

Act 17 of 1982

Evidence in Criminal Proceedings Act, 1982

The whole

Act 12 of 1983


The whole

Act 14 of 1983


The whole

Act 5 of 1984


The whole

Act 6 of 1984

Magistrates' Courts Second Amendment Act, 1984

The whole

Act 22 of 1984


The whole

Act 29 of 1984

Inquests Act, 1984

The whole



Act 30 of 1984


The whole

Act 40 of 1984


The whole

Act 1 of 1985



Act 23 of 1985


Sections 1, 2 and 3

Act 31 of 1985

Indemnity Act, 1985

The whole

Act 19 of 1986


The whole

Act 4 of 1987


The whole

Act 22 of 1987


The whole

Act 23 of 1987

Reciprocal Enforcement of Civil Judgments Act, 1987

The whole

Act 13 of 1988


The whole

Act 14 of 1988


The whole

Act 19 of 1988

Divorce Amendment Act, 1988

The whole

Act 20 of 1988

Inquests Amendment Act, 1988

The whole

Act 23 of 1988

Childship Act, 1988

The whole

Act 27 of 1988

Enforcement of Maintenance Orders made in Countries in Africa Act, 1988

The whole

Act 5 of 1989

Immorality Act, 1989

The whole

Act 6 of 1989


The whole

Act 7 of 1989


The whole

Act 8 of 1989


The whole except item 2 of Part 1 of the Schedule

Decree 6 of 1990

Interpretation Amendment Decree, 1990

The whole

Decree 11 of 1990 Indemnity Decree, 1990 The whole



Decree 16 of 1990

Criminal Procedure Second Amendment Decree, 1990

The whole

Decree 18 of 1990

Criminal Procedure Third Amendment Decree, 1990

The whole

Decree 20 of 1990

Commissions Act Amendment Decree, 1990

The whole

Decree 24 of 1990

Repeal of the State Liability Decree, 1990

The whole

Decree 30 of 1990

Repeal of the Prevention of the Release on Bail Decree, 1990

The whole

Decree 36 of 1990

Indemnity Amendment Decree, 1990

The whole

Decree 42 of 1990

Small Claims Court Decree, 1990

The whole

Decree 2 of 1991


The whole

Decree 3 of 1991

Inquests Amendment Decree, 1991

The whole

Decree 21 of 1991

Indemnity Second Amendment Decree, 1991

The whole

Decree 26 of 1991

Dependence-producing Substances Amendment Decree, 1991


Decree 27 of 1991

Maintenance of Surviving Spouses Decree, 1991

The whole

Decree 28 of 1991

Indemnity Third Amendment Decree, 1991

The whole

Decree 7 of 1992

Matrimonial Property Decree, 1992

The whole

Decree 8 of 1992

Magistrates' Courts Amendment Decree, 1992

The whole

Decree 11 of 1992

Foreign Courts Evidence Amendment Decree, 1992

The whole

Decree 12 of 1992

Documentary Evidence Emanating from Countries in Africa Decree, 1992

The whole

Decree 13 of 1992

Reciprocal Enforcement of Criminal Summonses Decree, 1992

The whole

Decree 17 of 1992

Prevention of Public Violence and Intimidation Decree, 1992

The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF GAZANKULU

Decree 27 of 1992

Criminal Procedure Amendment Decree, 1992

The whole

Decree 7 of 1993

Special Indemnity Decree, 1993

The whole

Decree 11 of 1993


The whole

Decree 19 of 1993

National Security Decree, 1993

Sections 34 to 41 inclusive and 53

Decree 21 of 1993

Extension of Criminal Jurisdiction Decree, 1993

The whole

Decree 22 of 1993

Stock Theft Amendment Decree, 1993


Decree 23 of 1993

Maintenance Amendment Decree, 1993

The whole

Decree 25 of 1993

Divorce Amendment Decree, 1993

The whole

Decree 26 of 1993

Trust Property Control Decree, 1993

The whole

Decree 28 of 1993

General Law Amendment Decree, 1993


Decree 3 of 1994 (Of the Joint Administrators)

Criminal Procedure Amendment Decree, 1994

The whole

Decree 4 of 1994 (Of the Council of State)

Security by Means of Movable Property Decree, 1994

The whole

Decree 4 of 1994 (Of the Joint Administrators)

State Liability Decree, 1994

The whole


Magistrates' Courts Amendment Decree, 1994

The whole


Inquests Amendment Decree, 1994

The whole

No and year of law

Short title

Extent of repeal

Act 32 of 1944


The whole except sections 14, 15 18, 18A and 107

Act 8 of 1947


The whole

Act 7 of 1953 Wills Act, 1953 The whole



Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 57 of 1959


The whole

Act 15 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963


Sections 2, 3 and 4 and the First Schedule

Act 23 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 25 of 1965


The whole



Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 68 of 1969


The whole

Act 55 of 1970


Section 3

Act 41 of 1971



Act 62 of 1973


Section 50

Act 51 of 1977


The whole

Act 7 of 1979

Gazankulu Criminal Procedure Amendment Act, 1979

The whole

Act 7 of 1980

Gazankulu Divorce Act, 1980

The whole

Act 5 of 1981

Gazankulu Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1981


Act 6 of 1981

Gazankulu Dissolution of Marriages on Presumption of Death Act, 1981

The whole

Act 8 of 1987

Gazankulu Commissioners of Oaths Act, 1987

The whole

Act 10 of 1987

Gazankulu Abuse of Dependence- producing Substances and Rehabilitation Centres Amendment Act, 1987

The whole

Act 11 of 1988

Gazankulu Abuse of Dependence- producing Substances and Rehabilitation Centres Amendment Act, 1988

The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF KANGWANE

Act 12 of 1988

Gazankulu Stock Theft Amendment Act, 1988

The whole

Act 17 of 1988

Gazankulu Magistrates' Courts Amendment Act, 1988

The whole

Act 5 of 1990

Gazankulu Computer Evidence Act, 1990

The whole

Act 6 of 1990

Gazankulu Immorality and Prohibition of Mixed Marriages Amendment Act, 1990

The whole

Act 8 of 1991

Gazankulu Intestate Succession Act, 1991

The whole

Act 8 of 1992

Gazankulu Magistrates' Courts Amendment Act, 1992

The whole

Act 9 of 1992

Gazankulu Criminal Procedure Amendment Act, 1992

The whole

No and year of law

Short title

Extent of repeal

Act 13 of 1934


The whole

Act 32 of 1944



Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957 Witchcraft Suppression Act, 1957 The whole



Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 57 of 1959


The whole

Act 15 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963


Sections 2, 3, 4 and the First Schedule

Act 23 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969 Formalities in respect of Leases of Land Act, 1969 The whole



Act 68 of 1969


The whole

Act 55 of 1970


Section 3

Act 41 of 1971



Act 62 of 1973


Section 50

Act 80 of 1973



Act 94 of 1974

Second General Law Amendment Act, 1974

The whole

Act 51 of 1977


The whole

Act 76 of 1978


The whole

Act 23 of 1979


The whole

Act 70 of 1979

Divorce Act, 1979

The whole

Act 43 of 1982

Prevention of Corruption Amendment Act, 1982

The whole

Act 44 of 1982

Succession Amendment Act, 1982

The whole

Act 57 of 1983

Computer Evidence Act, 1983

The whole

Act 61 of 1984


The whole

Act 88 of 1984


The whole

Act 11 of 1989

KaNgwane Justices of the Peace and Commissioners of Oaths Amendment Act, 1989

The whole

Act 12 of 1989

KaNgwane Magistrates' Courts Amendment Act, 1989

The whole

Act 5 of 1992

KaNgwane Magistrates' Courts Amendment Act, 1992

The whole

Act 6 of 1992

KaNgwane Criminal Procedure Amendment Act, 1992

The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF KWANDEBELE

No and year of law

Short title

Extent of repeal

Act 13 of 1934


The whole

Act 32 of 1944



Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 57 of 1959


The whole

Act 15 of 1962


The whole



Act 93 of 1962


Sections 1 and 44

Act 16 of 1963


The whole

Act 23 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 68 of 1969


The whole

Act 55 of 1970


The whole

Act 62 of 1973


Section 50

Act 55 of 1975


The whole

Act 51 of 1977


The whole

Act 23 of 1979


The whole

Act 70 of 1979

Divorce Act, 1979

The whole

Act 7 of 1988 KwaNdebele Magistrates' Court Amendment Act, The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF KWAZULU

1988

Act 8 of 1988

KwaNdebele Criminal Procedure Amendment Act, 1988

The whole

Act 18 of 1988

KwaNdebele General Law Amendment Act, 1988

The whole

Act 140 of 1992


The whole

Act 8 of 1993

KwaNdebele Drugs and Drug Trafficking Amendment Act, 1993

The whole

No and year of law

Short title

Extent of repeal

Act 13 of 1934


The whole

Act 32 of 1944



Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957 General Law Amendment Act, 1957 Sections 5 and 7



Act 6 of 1958


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963


Sections 2, 3, 4, 8 (1) and (5) and the First Schedule

Act 23 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 68 of 1969


The whole

Act 55 of 1970


Section 3 and the Schedule

Act 41 of 1971



Act 62 of 1973


Section 50

Act 55 of 1975


The whole

Act 51 of 1977


The whole



Act 12 of 1979

KwaZulu Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1979

The whole

Act 14 of 1979

KwaZulu Criminal Procedure Amendment Act, 1979

The whole

Act 10 of 1980

KwaZulu Divorce Act, 1980

The whole

Act 8 of 1982

KwaZulu Magistrates' Courts Amendment Act, 1982

The whole

Act 11 of 1982


The whole

Act 8 of 1983


The whole

Act 9 of 1983

KwaZulu Prevention of Corruption Amendment Act, 1983

The whole

Act 15 of 1983

KwaZulu Magistrates' Courts Second Amendment Act, 1983

The whole

Act 16 of 1983

KwaZulu Criminal Law Amendment Act, 1983

The whole

Act 7 of 1986

KwaZulu Law Commission Act, 1986

The whole

Act 5 of 1987

KwaZulu Divorce Amendment Act, 1987

The whole

Act 6 of 1987


The whole

Act 21 of 1987

KwaZulu Dissolution of Marriages on Presumption of Death Act, 1987

The whole

Act 4 of 1988

KwaZulu Intestate Succession Act, 1988

The whole

Act 17 of 1988


The whole

Act 4 of 1989

KwaZulu Commissioners of Oaths Act, 1989

The whole

Act 7 of 1989

KwaZulu Justices of the Peace Act, 1989

The whole

Act 9 of 1989

KwaZulu Commissions Act, 1989

The whole

Act 20 of 1989 KwaZulu Intestate Succession Amendment Act,

1989 The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF LEBOWA

Act 6 of 1991

KwaZulu Trespass Amendment Act, 1991

The whole

Act 9 of 1992


The whole

Act 10 of 1992


The whole

Act 13 of 1992


The whole

Act 25 of 1992


The whole

Act 4 of 1993


The whole

Act 5 of 1993

KwaZulu Adjustment of Fines Act, 1993

The whole

Act 14 of 1993

KwaZulu Security by Means of Movable Property Act, 1993

The whole

Act 22 of 1993

KwaZulu Intestate Succession Amendment Act, 1993

The whole

Act 23 of 1993

KwaZulu Stock Theft Act, 1993

The whole

Act 25 of 1993

KwaZulu General Law Amendment Act, 1993

The whole

No and year of law

Short title

Extent of repeal

Act 13 of 1934


The whole

Act 32 of 1944


The whole, except sections 14, 15, 18, 18A and 107

[Date of commencement of repeal of Act 32 of 1944: to be proclaimed.]

Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953 Matrimonial Affairs Act, 1953 The whole



Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 57 of 1959


The whole

Act 15 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963



Act 23 of 1963


The whole

Act 93 of 1963


Section 24

Act 80 of 1964


Section 36

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole



LAWS OF THE FORMER SELF-GOVERNING TERRITORY OF QWAQWA

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 55 of 1970


Section 3

Act 41 of 1971



Act 62 of 1973


Section 50

Act 11 of 1976

Lebowa Criminal Procedure Amendment Act, 1976

The whole

Act 51 of 1977


The whole

Act 10 of 1979

Lebowa Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1979


Act 5 of 1981

Lebowa Divorce Act, 1981

The whole

Act 6 of 1990

Lebowa Magistrates' Courts Amendment Act, 1990

The whole

Act 7 of 1990

Lebowa Justices of the Peace and Commissioners of Oaths Act, 1990

The whole

Act 2 of 1992

Lebowa Witchcraft Suppression Act, 1992

The whole

Act 7 of 1992

Lebowa Magistrates' Courts Amendment Act, 1992

The whole

Act 8 of 1992

Lebowa Criminal Procedure Amendment Act, 1992

The whole

Act 9 of 1992

Lebowa Magistrates' Courts Jurisdiction Amendment Act, 1992

The whole

No and year of law Short title Extent of repeal



Act 13 of 1934


The whole

Act 32 of 1944



Act 8 of 1947


The whole

Act 7 of 1953

Wills Act, 1953

The whole

Act 37 of 1953


The whole

Act 56 of 1955



Act 62 of 1955



Act 17 of 1956



Act 34 of 1956


The whole

Act 50 of 1956



Act 3 of 1957


The whole

Act 20 of 1957


The whole

Act 23 of 1957


The whole

Act 33 of 1957


The whole

Act 68 of 1957


Sections 5 and 7

Act 6 of 1958


The whole

Act 6 of 1959

Trespass Act, 1959

The whole

Act 15 of 1962


The whole

Act 93 of 1962


Sections 1 and 44

Act 16 of 1963



Act 93 of 1963 General Law Further Amendment Act, 1963 Section 24



Act 80 of 1964


Section 36

Act 25 of 1965


The whole

Act 42 of 1965


The whole

Act 94 of 1965


The whole

Act 98 of 1965


Section 20

Act 21 of 1967


The whole

Act 9 of 1969


The whole

Act 16 of 1969


The whole

Act 18 of 1969


The whole

Act 68 of 1969


The whole

Act 55 of 1970


Section 3

Act 41 of 1971



Act 62 of 1973


Section 50

Act 51 of 1977


The whole

Act 94 of 1979


The whole

Act 9 of 1980

Qwaqwa Divorce Act, 1980

The whole

Act 14 of 1983

Qwaqwa Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1983

The whole

Act 6 of 1987

Qwaqwa Ombudsman Act, 1987

The whole

[Date of commencement of repeal of Act 6 of 1987: 1 August 2000.]

Act 9 of 1989 Qwaqwa Law of Evidence Amendment Act, 1989 The whole



Schedule III LAWS AMENDED BY SECTION 4

Act 11 of 1989

Qwaqwa Magistrates' Courts Amendment Act, 1989

The whole

Act 5 of 1990

Qwaqwa Justices of the Peace and Commissioners of Oaths Act, 1990

The whole

Act 6 of 1990

Qwaqwa Immorality and Prohibition of Mixed Marriages Amendment Act, 1990

The whole

Act 7 of 1990

Qwaqwa Computer Evidence Act, 1990

The whole

Act 8 of 1990

Qwaqwa Abuse of Dependence-producing Substances and Rehabilitation Centres Amendment Act, 1990

The whole

Act 7 of 1992

Qwaqwa Stock Theft Act, 1992

The whole

Act 20 of 1992

Qwaqwa Maintenance Act, 1992

The whole

Act 22 of 1992

Second Qwaqwa Criminal Procedure Amendment Act, 1992

The whole

Act 23 of 1992

Qwaqwa Magistrates' Courts Amendment Act, 1992

The whole

Act 26 of 1992

Qwaqwa Criminal Procedure Amendment Act, 1992

The whole

No and year of law

Short title

Extent of amendment

Act 32 of 1944


Amendment of section 15-

(i) by the substitution in

paragraph (c) of subsection (2) for the expression 'State Revenue Fund' of the expression 'National Revenue Fund'; and

(ii) by the substitution in

subsection (3) for the expressions 'administrator' and ' Official Gazette ' of the expressions 'Premier' and ' Provincial Gazette ', respectively.

Act 37 of 1953 Matrimonial Affairs Act, 1953 Amendment of section 5-



(i) by the deletion in paragraph (a) of subsection (3) of the words 'or a father or a mother upon whom a children's court has under section 60 (1) of the Children's Act, 1960 ( Act 33 of 1960 ), conferred the exclusive right to exercise any parental powers in regard to a minor,'; and

(ii) by the deletion in subsection

(6) of the words 'an order under section 60 of the Children's Act, 1960, is rescinded, or if'.

Act 62 of 1955


(a) Amendment of section 35 by the substitution for the expression 'Administrator' of the expression 'Premier'.

(b) Amendment of section 36 by the

substitution for the expression 'section thirteen of the Stock Theft Act, 1923 (Act 26 of 1923)' of the expression 'section one of the Stock Theft Act, 1959 ( Act 57 of 1959 )'.

(c) Amendment of section 37 by the

substitution in subsection (1) for the expression 'section thirteen of the Stock Theft Act, 1923' of the expression 'section one of the Stock Theft Act, 1959'.

Act 3 of 1956


Amendment of section 1 by the substitution for the definition of 'State Attorney' of the following definition:

'"State Attorney" means the officer

appointed under paragraph (a) of subsection (1) of section two of the State Attorney Act, 1957 ( Act 56 of 1957 ).'.

Act 17 of 1956


Amendment of section 16 by the substitution in subsection (2) for the expression 'the penalties mentioned in section fifteen ' of the expression 'a fine or imprisonment for a period not exceeding five years or to both such a fine and such imprisonment'.

Act 34 of 1956


Amendment of section 3 by the substitution for the expression 'Motor Vehicle Insurance Act, 1942 (Act 29 of 1942)' of the expression 'Motor Vehicle Accidents Act, 1986 (Act 84 of 1986)'.

Act 58 of 1959 Inquests Act, 1959 Amendment of section 23 by the substitution

in subsection (1) for the expression 'Prisons



Act, 1959' of the expression 'Correctional Services Act, 1959'.

Act 61 of 1961

Indemnity Act, 1961



paragraph (a) of subsection (1) for the expression 'State President' of the expression 'President'; and


paragraph (d) of subsection (1) for the expression 'prison service' of the expression 'the Department of Correctional Services'.

Act 15 of 1962


The following section is substituted for section 5:

'5 Application of Act to credit

transactions to which Act 75 of 1980 applies

If any provision of the Credit

Agreements Act, 1980, is, in terms of the said Act or any notice issued under the said Act, applicable to any credit transaction, the provisions of this Act shall not apply to such credit transaction in so far as they are in conflict with the provision in question.'.

Act 80 of 1962


(a) Amendment of section 2 by the

deletion in subsection (2) of the words 'the furnishing of information in contravention of the provisions of section 2 of the Second General Law Amendment Act, 1974, or is'.

(b) The following section is substituted for

section 11:

' 11 Rules

Any power to make rules for any court

of law, shall be deemed to include the power to make rules for giving effect to the provisions of sections two and three of this Act in the Republic.'.

(c) Amendment of the First Schedule by

the deletion of the following items:

The Republic of Transkei; The Republic of

Bophuthatswana; The Republic of Venda; and The Republic of Ciskei.



(d) Amendment of the Second Schedule

by the deletion of the following items:

The Republic of Transkei; The Republic of

Bophuthatswana; The Republic of Venda; and The Republic of Ciskei.

Act 93 of 1962



(a) by the substitution in subsection (2) for the expression 'Criminal Procedure Act, 1955 ( Act 56 of 1955 )' of the expression 'Criminal Procedure Act, 1977 ( Act 51 of 1977 )'; and

(b) by the substitution in

subsection (3) for the expression 'section three hundred and thirty-seven' of the expression 'section 288'.

Act 16 of 1963


(a) Amendment of section 2-

(i) by the substitution in subsection (2) for the expression 'Electoral Act, 1979 (Act 45 of 1979)' of the expression 'Electoral Act, 1993 (Act 202 of 1993)'; and


subsection (3) for the expression 'a division contemplated in section 1 of the Electoral Act, 1979' of the expression 'the National Assembly, the Senate or a provincial legislature contemplated in the Electoral Act, 1993'.

(b) Amendment of the First Schedule-

(i) by the substitution in the first

item for the expression 'Public Service Act, 1984 (Act 111 of 1984)' of the expression 'Public Service Act, 1994 ( Proclamation 103 of 1994 )';

(ii) by the substitution for the

fourth item of the following item:



' Chief of the South African National Defence Force and Commissioned Officer of the Permanent Force of the South African National Defence Force.';

(iii) by the deletion of the sixth

item;

(iv) by the substitution in the

seventh item for the expression 'South African Police' of the expression 'South African Police Service';

(v) by the substitution in the

eighth item for the expression 'Prisons Service' of the expression 'Department of Correctional Services'; and

(vi) by the deletion of the

eleventh and twelfth items.

Act 16 of 1965


(a) Amendment of section 1 by the substitution in the definition of 'bank note' for the expression 'section ten of the South African Reserve Bank Act, 1944 (Act 29 of 1944)' of the expression 'section fourteen of the South African Reserve Bank Act, 1989 ( Act 90 of 1989 )'.


substitution in subsection (1) for the expression 'Secretary of Foreign Affairs' of the expression 'Director-General: Foreign Affairs'.

Act 25 of 1965


(a) Insertion of the following section after section 10:

'10A Status of certain marriages.

Any customary marriage or customary

union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.'

(b) Amendment of section 25-

(i) by the substitution in the

words preceding paragraph (a) of subsection (1) for the expression 'Secretary for Defence' of the expression 'Chief of the South African



National Defence Force';


paragraph (d) of subsection (1) for the expression 'Department of Defence' of the expression 'South African National Defence Force';

(iii) by the substitution in the

definition of 'official report' in subsection (3) for the expression 'Department of Defence' of the expression 'South African National Defence Force'; and

(iv) by the substitution in the

definition of 'soldier' in subsection (3) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.

Act 42 of 1965


Amendment of section 16 by the substitution in subsection (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.

Act 94 of 1970



(i) by the substitution in paragraph (c) of subsection (1) for the expression 'Motor Vehicle Insurance Act, 1942 (Act 29 of 1942)' of the expression 'Motor Vehicle Accidents Act, 1986 (Act 84 of 1986)'; and


paragraph (d) of subsection (1) for the expression ' section 8 of the Workmen's Compensation Act, 1941 ( Act 30 of 1941 )' of the expression ' section 36 of the Compensation for Occupational Injuries and Diseases Act, 1993 ( Act 130 of 1993 )'.

Act 19 of 1973

South African Law Commission Act, 1973

(a) Amendment of section 8 by the substitution in subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 ( Proclamation 103 of 1994 )'.



(b) Amendment of section 9 by the substitution in paragraph (b) of subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 ( Proclamation 103 of 1994 )'.

(c) Amendment of the Act by the

substitution for the expression 'State President' wherever it occurs of the expression 'President'.

Act 94 of 1974


Repeal of section 3.

Act 51 of 1977



substitution in the definition of 'peace officer' for the words 'member of the prisons service as defined in section 1 of the Prisons Act, 1959' of the words 'correctional official as defined in section 1 of the Correctional Services Act, 1959'.


substitution in paragraph (m) of subsection (1) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.


substitution in subsection (1) for the expression 'prisons service' of the expression 'Department of Correctional Services'.

(d) Amendment of section 195-


paragraph (g) of subsection (1) for the expression 'Immorality Act, 1957' of the expression 'Sexual Offences Act, 1957'; and

(ii) by the substitution for

subsection (2) of the following subsection:

'(2) For the purposes of the law of

evidence in criminal proceedings, "marriage" shall include a customary marriage or customary union concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law.'.

(e) Amendment of section 250 by the



substitution in paragraph (a) of subsection (2) for the expression 'State Revenue Fund' of the expression 'National Revenue Fund'.

(f) Amendment of section 279 by the

substitution in subsections (2) and (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.

(g) Amendment of section 297 by the

substitution in item (ee) of subparagraph (i) of paragraph (a) of subsection (1) for the expression 'Children's Act, 1960 ( Act 33 of 1960 )' of the expression 'Probation Services Act, 1991 ( Act 116 of 1991 )'.

(h) Amendment of section 307 by the

substitution in paragraph (b) of subsection (2) for the expression 'prisons service' of the expression 'Department of Correctional Services'.

(i) Amendment of section 341 by the

substitution in subparagraph (ii) of paragraph (e) of subsection (2) for the expression 'Rural Coloured Areas Law, 1979 (Law 1 of 1979), of the Coloured Persons Representative Council of the Republic of South Africa' of the expression 'Rural Areas Act (House of Representatives), 1987 ( Act 9 of 1987 )'.

Act 70 of 1979

Divorce Act, 1979


(a) by the substitution in subparagraph

(ii) of paragraph (a) of subsection (1) for the expression 'Minister of Prisons' of the expression 'Minister of Correctional Services';

(b) by the deletion in subparagraph (iii) of

paragraph (a) of subsection (1) of the words 'or hospital prison for psychopaths'; and

(c) by the substitution for the expression

'President's patient' wherever it occurs in the said section of the expression 'State patient'.

Act 84 of 1982

Protection of Information Act, 1982


(i) by the substitution in paragraph (b) of subsection (2) for the expression 'South African Police' of the expression 'South African Police Service'; and



(ii) by the deletion in paragraph (b) of subsection (2) of the words 'or the South African Railway Police Force'.


(i) by the substitution for the

expression 'South African Police' wherever it occurs in the said section of the expression 'South African Police Service'; and

(ii) by the deletion of the words

'or the South African Railway Police Force' wherever it occurs in the said section.


substitution for the expression 'State President' of the expression 'President'.

Act 61 of 1984


Amendment of section 9 by the addition at the end of paragraph (c) of subsection (2) of the following words: 'read with section 10 of the Magistrates Act, 1993 ( Act 90 of 1993 )'.

Act 88 of 1984


Amendment of section 1 by the substitution in the definition of 'listed securities' for the expression 'Stock Exchanges Control Act, 1947 (Act 7 of 1947)' of the expression 'Stock Exchanges Control Act, 1985 (Act 1 of 1985)'.

Act 107 of 1985


Amendment of section 8 by the substitution in subsection (2) for the expression 'Public Service Act, 1984 (Act 111 of 1984)' of the expression 'Public Service Act, 1994 ( Proclamation 103 of 1994 )'.

Act 45 of 1988


Amendment of section 1 by the substitution for subsection (4) of the following subsection:

'(4) For the purposes of this section

"indigenous law" means the law or custom as applied by the Black tribes in the Republic.'.

Act 57 of 1988

Trust Property Control Act, 1988

Amendment of section 20 by the substitution in paragraph (d) of subsection (2) for the expression 'President's patient' of the expression 'State patient'.

Act 103 of 1991

Short Process Courts and Mediation in Certain Civil Cases Act, 1991

Amendment of section 7 by the addition at the end of paragraph (c) of the following words: 'read with section 10 of the Magistrates Act, 1993 ( Act 90 of 1993 )'.



Act 105 of 1991

Game Theft Act, 1991

Amendment of section 2 by the substitution in paragraph (a) of subsection (2) for the expression 'Administrator' of the expression 'Premier'.

Act 107 of 1991

Decriminalization Act, 1991


(i) by the deletion of the definition

of 'administrator'; and

(ii) by the deletion in paragraph

(a) of the definition of 'responsible authority' of the words 'an Administration of'.



subsection (1) for the expression 'Public Service Act, 1984 (Act 111 of 1984)' of the expression 'Public Service Act, 1994 ( Proclamation 103 of 1994 )'; and


subsection (2) for the expressions 'State Revenue Fund' and 'State Revenue Account' of the expressions 'National Revenue Fund' and 'National Revenue Account', respectively .

(c) Amendment of the said Act by the

substitution for the expressions 'administrator' and 'an administrator' wherever they occur in the said Act of the expressions 'Premier' and 'a Premier', respectively.

Act 117 of 1991

Investigation of Serious Economic Offences Act, 1991

Repeal of section 12.

Act 139 of 1991

Prevention of Public Violence and Intimidation Act, 1991

Amendment of section 1 by the deletion of the definition of 'Republic'.

Act 126 of 1992

Criminal Law Second Amendment Act, 1992


(a) by the substitution in subparagraph (i) for the expression 'South African Police' of the expression 'South African Police Service'; and

(b) by the substitution in subparagraph



(ii) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.

Act 127 of 1992

Interception and Monitoring Prohibition Act, 1992

(a) Amendment of section 3 by the substitution for paragraph (a) of subsection (2) of the following paragraph:

' (a) for the purposes referred to in

subsection (1) (b) (i) or (ii) or subsection (4), be made by an officer referred to in section 33 of the South African Police Service Act, 1995 ( Act 68 of 1995 ), provided that the officer concerned obtained in advance the approval of another officer in the South African Police Service with at least the rank of assistant-commissioner who shall be authorised in writing by the National Commissioner of the South African Police Service to grant such approval;'.



subsection (1) for the expression 'Police Act, 1958 (Act 7 of 1958)' of the expression 'South African Police Service Act, 1995 ( Act 68 of 1995 )'; and

(ii) by the substitution for

subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of the following subparagraphs:

'(i) an officer of at least

the rank of major-general in the South African National Defence Force;

(ii) a member of the

Agency or the Service holding a post of at least chief director; or

(iii) an officer of at least

the rank of assistant-commissioner in the South African Police Service.'.


substitution in subsection (3) for the expression 'Minister of Posts and



Telecommunications' of the expression 'Minister for Posts, Telecommunications and Broadcasting'.

(d) Amendment of the said Act-

(i) by the substitution for the

expression 'South-African Police' wherever it occurs of the expression 'South African Police Service';

(ii) by the substitution for the

expression 'Commissioner of the South African Police' wherever it occurs of the expression 'National Commissioner of the South African Police Service';

(iii) by the substitution for the

expression 'South African Defence Force' wherever it occurs of the expression 'South African National Defence Force'.

Act 140 of 1992


(a) Amendment of section 4 by the substitution in subparagraph (iii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.


substitution in subparagraph (ii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.


substitution for the expression 'South African Police' of the expression 'South African Police Service'.

Act 90 of 1993

Magistrates Act, 1993


substitution in paragraph (a) of subsection (1) for the expression 'Commission for Administration' of the expression 'Public Service Commission'.


substitution in item (bb) of subparagraph (ii) of paragraph (c) of subsection (5) for the expression 'section 15 (4) of the Public Service Act, 1984 (Act 111 of 1984)' of the expression 'section 16 (4) of the Public Service Act, 1994 ( Proclamation 103 of 1994 )'.

Act 120 of 1993 Magistrates' Courts Amendment



Act, 1993

(a) The following section is substituted for

section 6:

'6 Substitution of section 9 of Act 32 of

1944 , as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970 , section 8 of Act 102 of 1972 , section 11 of Act 29 of 1974 , section 24 of Act 94 of 1974 , section 1 of Act 28 of 1981 , section 2 of Act 34 of 1986 and section 17 of the Magistrates Act of 1993.

The following section is hereby substituted for

section 9 of the principal Act:

' 9 Appointment of judicial officers

(1) (a) Subject to the provisions of the

Magistrates Act, 1993, and the provisions of section 10, the Minister may-

(i) for every district or subdistrict

appoint a magistrate, one or more additional magistrates or one or more assistant magistrates;

(ii) for every district or subdistrict

appoint one or more civil magistrates;

(iii) for every regional division

appoint one or more regional magistrates;

(iv) for every civil division appoint

one or more senior civil magistrates;

(v) for every family division

appoint one or more family magistrates.

(b) The Minister may, in a particular case

or generally and subject to such directions as he or she may deem fit, delegate the power conferred upon him or her by paragraph (d) to the Director-General of his or her Department or another officer of that Department with the rank of director or an equivalent or higher rank.

(c) A judicial officer of a district,

subdistrict or regional, civil or family division may at the same time also be such a judicial officer of another district, subdistrict or regional, civil or



family division, respectively.

(d) The Minister may, with due regard to

the circumstances and the extent of judicial functions in a particular district for which a magistrates' court and a civil court have been established, appoint a judicial officer as magistrate, additional magistrate or assistant magistrate and civil magistrate for that district, and in any such case any such person shall possess the powers and jurisdiction and perform the duties connected to both such offices: Provided that a magistrate, additional magistrate or assistant magistrate who presided at criminal proceedings from which a civil action arises in a civil court and in which the same parties are involved, shall not preside in that court in respect of that action unless the parties agree thereto.

(2) (a) Any person appointed as judicial

officer under this section shall, before commencing with his or her functions in terms of this Act for the first time, take an oath or make an affirmation subscribed by him or her, in the form set out below:

'I,

.......................................................(full name)

do hereby swear/solemnly and sincerely

affirm and declare that whenever I may be called upon to perform the functions of a judicial officer in any court, I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the law and customs of the Republic of South Africa.'

(b) Any such oath or affirmation shall be

taken or made in open court before the most senior available judicial officer of the court concerned or a justice of the peace, who shall at the foot thereof endorse a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto.

(3) Whenever by reason of absence or

incapacity a judicial officer is unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint any other competent officer of the public service or any competent retired officer of the public service to



act in the place of the absent or incapacitated judicial officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that no person shall be appointed as an acting regional, senior civil or family magistrate unless he or she has satisfied all the requirements for the degree referred to in section 10 (b) or has passed an examination referred to in that section.

(4) The Minister or an officer of the

Department of Justice authorized thereto in writing by the Minister, may appoint temporarily any person to act, subject to such conditions or restriction as the Minister or such officer may determine, either generally or in a particular matter, as judicial officer of a district, subdistrict or regional, civil or family division, as the case may be, in addition to any other judicial officer or acting judicial officer of any such district, subdistrict or regional, civil or family division.

(5) The provisions of section 9 quat (2)

and (4) shall mutatis mutandis apply to any person appointed under subsection (3) or (4): Provided that the provisions of section 9 quat (4) shall not apply to any such person who is subject to the laws governing the public service.'.


substitution for paragraph (b) of the following paragraph:

' (b) by the substitution in

paragraph (b) of subsection (1) for the expressions "messenger" and "Consolidated Revenue Fund" of the expressions "sheriff" and "National Revenue Fund", respectively; and'.

(c) The following section is substituted for

section 44:

'44 Substitution of section 71A of Act 32

of 1944 , as inserted by section 16 of Act 53 of 1970

The following section is hereby substituted for

section 71A of the principal Act:

'71A Movable property which sheriff

cannot dispose of in terms of this Act, shall be sold by public auction

(1) Any movable property in the custody



© 2005 Juta and Company, Ltd.

of the sheriff or any other person acting on his or her behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the sheriff by public auction, and the proceeds of the sale shall, after deduction of the sheriff's costs, be paid into the National Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.

(2) After the public auction referred to in

subsection (1), the sheriff shall draw up a venue roll as if the sale was a sale in execution of property and shall attach the roll to his or her return in respect of the relevant process of the court in the case together with proof that the proceeds of the sale have been paid into the National Revenue Fund.

(3) The proceeds of a sale paid into the

National Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a civil magistrate of the district in which the sale took place that he or she would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.'.



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