South Africa: Numbered Acts

OFFICE OF THE PRESIDENT

No. 788 2 June 1995

NO. 11 OF 1995: LAND AFFAIRS GENERAL AMENDMENT ACT, 1995.

It is hereby notified that the President has assented to the following Act which is hereby published for general information:-

^{GENERAL EXPLANATORY NOTE:}

**	**	Words between two asterisks indicate omissions from existing enactments.
<<	>>	Words between two pointed brackets indicate insertions in existing enactments.

ACT

To amend the Kimberley Leasehold Conversion to Freehold Act, 1961, so as to substitute certain definitions; to make further provision in respect of the freedom from certain conditions of certain erven; and to make other provision in respect of the publication of certain notices; to amend the Expropriation

of Mineral Rights (Townships) Act, 1969, so as to delete an obsolete definition and define a certain expression; to substitute obsolete expressions; and to make other provision in respect of the publication of

certain notices; to amend the Upgrading of Land Tenure Rights Act, 1991, so as to delete and substitute certain definitions; to substitute certain obsolete designations; to provide for the repeal of the power by proclamation to

declare the said Act to be applicable in the former self-governing territories; and to provide for the saving of certain such proclamations; to amend the Land Titles Adjustment Act, 1993, so as to substitute certain definitions and obsolete designations and an obsolete expression; and to substitute an obsolete provision relating to the application of the said Act; to amend the Distribution and Transfer of Certain State Land Act, 1993, so as to substitute certain definitions and obsolete designations; to repeal a provision relating to certain requirements with respect to the notices by which certain land is designated as land to be dealt with in accordance with the provisions of the said Act; and to substitute an obsolete provision relating to the application of the Act; to amend the Regional Industrial Development Act, 1993, so as to substitute certain definitions; to alter the composition of the Regional Industrial Development Board; to substitute an obsolete designation; and to provide for the extension of the application of the said Act; to repeal obsolete and discriminatory laws; and to provide for incidental matters.

(Afrikaans text signed by the President.) (Assented to 24 May 1995.)

BE IT ENACTED by the Parliament of the Republic of South-Africa, as follows:-

Amendment of section 1 of Act 40 of 1961, as amended by section 6 of Act 89 of 1993

1. Section 1 of the Kimberley Leasehold Conversion to Freehold Act,

1961, is

hereby amended-

(a) by the substitution in the definition of "Bultfontein" for the words preceding paragraph (a) of the following words:

" 'Bultfontein' means the following properties situated in the municipality and division of Kimberley in the **Province of

the Cape of Good Hope** <<province of Northern Cape>> and registered in favour of either the municipality or the council of the municipality of the city of Kimberley-";

(b) by the substitution for the definition of "Master" of the following definition:

" 'Master' means the **Assistant** Master of the Supreme Court of South Africa **in the Province of the Cape of Good Hope**

^{<<appointed for the area of jurisdiction of the division of}

the Supreme Court which has its seat>> at Kimberley;";

(c) by the substitution for the definition of "Minister" of the following definition:

^{" 'Minister' means the Minister of **Regional and** Land}

Affairs;";

(d) by the substitution for the definition of "Surveyor-General" of the following definition:

^{" 'Surveyor-General' means the Surveyor-General **of the}

Province of the Cape of Good Hope** <<appointed in respect of the office of surveyor-general established under section 3 of the Land Survey Act, 1927 (Act No. 9 of 1927), for the region within which the district of Kimberley is situated;>>".

Amendment of section 2 of Act 40 of 1961

2. Section 2 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1) Notwithstanding anything to the contrary contained in any other law the Surveyor-General shall alter the general plans referred to in paragraphs (c) and (d) of the definition of "Bultfontein" by excluding therefrom the erven referred to in the said paragraphs, and the said erven shall upon being so excluded be free of any conditions imposed in respect thereof under the provisions of the Townships Ordinance, 1934 (Ordinance No. 33 of 1934 (Cape)),<<before the repeal thereof, or under the provisions of the Land Use Planning Ordinance, 1985 (Ordinance No. 15 of

1985 (Cape)).>>".

Amendment of section 4 of Act 40 of 1961

3. Section 4 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) As soon as practicable after the publication of such notice the town clerk shall cause to be published once in **an English and once in an Afrikaans newspaper** <<at least two newspapers, each published in a different official language as referred to in section 3(1) of the Constitution of the Republic of South Africa, 1993>> (Act No. 200 of

1993), and circulating in the municipal area of Kimberley, a notice drawing the attention of all interested persons to the said notice in the Gazette and stating the purport thereof.".

Substitution of section 15 of Act 40 of 1961

4. The following section is hereby substituted for section 15 of the

Kimberley Leasehold Conversion to Freehold Act, 1961: "Exemption from provisions

^{15. The provisions of the **Townships Ordinance, 1934 (Ordinance}

No. 33 of 1934 (Cape))** <<Land Use Planning Ordinance, 1985 (Ordinance No. 15 of 1985 (Cape))>>, shall not apply to anything required or permitted to be done under the provisions of this Act

**and the provisions of the Group Areas Development Act, 1955, shall not apply to any transfer of an erf from the city council of Kimberley to an owner in terms of the provisions of this Act**.".

Amendment of section 1 of Act 96 of 1969, as amended by section 83 of Act 63 of 1975

5. Section 1 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended-

(a) by the deletion of the definition of "Administrator";

(b) by the insertion after the definition of "owner" of the following

^definition:

"<<'Premier', in relation to rights to minerals in land, the Premier of the province in which the land is situated, or a competent authority within the jurisdiction of the government of the province concerned designated by the Premier.>>".

Amendment of section 2 of Act 96 of 1969, as

amended by section 84 of Act 63 of 1975 and section 7 of Act

89 of 1993

6. Section 2 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended by the substitution for the words following on paragraph (b) of subsection (2) of the following words:

"the **Administrator** <<Premier>> may cause to be published once in the **Official** <<Provincial>> Gazette of the province in question and twice with an interval of not less than one week in **an Afrikaans and an English newspaper** <<at least two newspapers, each published in a different official language, as referred to in

section 3(1) of the Constitution of the Republic of South Africa,

1993 (Act No. 200 of 1993)>>, and circulating in the district in which the land in question is situate, a notice in which all owners of those rights are called upon to submit to the **Administrator**

<<Premier>> in writing, within a period specified in the notice or such further period as the **Administrator** <<Premier>> may allow, reasons why those rights should not be expropriated under subsection (3), including such proposals as any such owner may wish to make in connection with the consideration for which or the conditions on which he would be prepared to grant such consent or relinquish those rights.".

Substitution of words "Administrator", "Regional and Land Affairs" and

"Official Gazette" in Act 96 of 1969

7. The Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended by the substitution for the words "Administrator", "Regional and Land Affairs" and "Official Gazette", wherever they occur, of the words "Premier", "Land Affairs" and "Provincial Gazette", respectively.

Amendment of section I of Act 112 of 1991, as amended by section 30 of Act 108 of 1993

8. Section 1 of the Upgrading of Land Tenure Rights Act, 1991, is hereby amended-

(a) by the deletion of the definition of "Administrator";

(b) by the substitution for the definition of "Minister" of the following definition:

" 'Minister' means the Minister of **Regional and** Land Affairs;".

Substitution of section 24A of Act 112 of 1991

9. The following section is hereby substituted for section 24A of the

Upgrading of Land Tenure Rights Act, 1991: "Delegation by Minister

24A. The Minister may, <<on the conditions he may deem fit>>-

(a) delegate to the **Administrator** <<Premier of a province, or any competent authority within the jurisdiction of the government of a province designated by the Premier of that province>>, any power conferred upon the Minister by this Act; or

(b) authorize the **Administrator** <<Premier or competent authority referred to in paragraph>> (a) to perform any duty assigned to the Minister by this Act.".

Repeal of section 25 of Act 112 of 1991

10. Section 25 of the Upgrading of Land Tenure Rights Act, 1991, is hereby repealed.

Saving of proclamations issued under section 25 of Act 112 of 1991

11. (1) A proclamation issued under section 25(1) of the Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991), and in force immediately prior to the commencement of section 10 of this Act in an area in respect of which such proclamation was issued, shall, notwithstanding the provisions of section

^{10 of this Act, remain in force until repealed by the President by proclamation}

in the Gazette.

(2) The President may by proclamation in the Gazette take such measures as he or she deems necessary for purposes of regulating the proper administration of a proclamation which in terms of subsection (1) remains in force in respect of an area which was, prior to the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), a self-governing territory as defined in section 38(1) of the

Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971).

Substitution of words "Administrator" and "State

President" in Act 112 of 1991

12. The Upgrading of Land Tenure Rights Act, 1991, is hereby amended- (a) by the substitution for the word "Administrator"-

(i) where it occurs in sections 7, 8, 9(1), 10, 12, 15, 16, 17, 18,

18A, 18B, 18C, 18D, 18E and 181, of the word "Minister"; and (ii)where it occurs in sections 9(3) and 11, of the word "Premier"; and

^{(b) by the substitution for the words "State President", wherever they}

occur, of the word "President".

Amendment of section 1 of Act 111 of 1993

13. Section 1 of the Land Titles Adjustment Act, 1993, is hereby amended- (a) by the substitution for the definition of "Director-General" of the

following definition: " 'Director-General' means the Director-General of

**Regional and** Land Affairs;";

(b) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of **Regional and** Land Affairs.".

Amendment of section 3 of Act 111 of 1993

14. Section 3 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection:

(a) by the substitution for subsection (1) of the following subsection: "(1) This Act shall apply to land belonging to the State (including land registered in the name of a Minister, <<a Premier>> or <<a former>> Administrator), and land belonging to a local authority or development body, and designated by the Minister by notice in the Gazette as land to be dealt with in accordance with the provisions of this Act: Provided that land belonging to a local authority or development body may only be so designated by the Minister if it is 'land of a local authority' or

'land of a development body' as defined in section 88A of the Abolition of

Racially Based Land Measures Act, 1991 (Act No. 108 of 1991)."; (b) by the deletion of subsection (3).

^{Amendment of section 3 of Act 119 of 1993}

20. Section 3 of the Distribution and Transfer of Certain State Land Act,

1993, is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) A commissioner who is not in the full-time service of the State shall in respect of his service as a commissioner be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of

**State Expenditure** <<Finance>>, may from time to time determine.".

Amendment of section 16 of Act 119 of 1993

21. Section 16 of the Distribution and Transfer of Certain State Land Act,

1993, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1) The Director-General may, subject to such conditions as he may deem

necessary-

(a) delegate to an officer employed by the Department of **Regional and** Land Affairs any power conferred upon him in terms of this Act; or

(b) authorize an officer employed by the Department of **Regional and** Land Affairs to perform any duty assigned to him in terms of this Act.".

Substitution of section 19 of Act 119 of 1993

22. The following section is hereby substituted for section 19 of the

^{Distribution and Transfer of Certain State Land Act, 1993:}

"Application of Act

<<19. As from the coming into operation of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993>>

Amendment of section I of Act 187 of 1993

23. Section 1 of the Regional Industrial Development Act, 1993, is hereby amended-

(a) by the substitution for the definition of "Department" of the following definition:

^{" 'Department' means the Department of **Regional and Land}

Affairs** <<Trade and Industry;>>";

(b) by the substitution for the definition of "Director-General" of the following definition:

" 'Director-General' means the Director-General:**Regional and Land

Affairs** <<Trade and Industry>> or his authorized representative;";

(c) by the substitution for the definition of "Minister" of the following definition:

" 'Minister' means the Minister of**Regional and Land Affairs**

<<Trade and Industry;>>".

Amendment of section 2 of Act 187 of 1993

24. Section 2 of the Regional Industrial Development Act, 1993, is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:

"(b) an official of-

(i) the Department designated by the Director-General;

**(ii) the Department of Trade and Industry designated by the

^{Director-General: Trade and Industry;**}

(iii) the Department of State Expenditure designated by the

Director-General: State Expenditure;

(iv) the Department of Finance designated by the Director- General: Finance;".

Amendment of section 6 of Act 187 of 1993

25. Section 6 of the Regional Industrial Development Act, 1993, is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) Each member of the Board or a committee of the Board, including alternate or co-opted members, but excluding members in the

^{full-time employment of the State, may be paid such salary, other}

remuneration and allowances as the Minister, with the concurrence of the Minister of**State Expenditure** <<Finance>>, may determine from time to time.".

Insertion of section 15A in Act 187 of 1993

26. The Regional Industrial Development Act, 1993, is hereby amended by the insertion after section 15 of the following section:

"Application of Act

^{<< 15A. As from the coming into operation of the Land Affairs}

General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa,

1993 (Act No. 200 of 1993)>>.".

Repeal of laws

27. The laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof.

Short title

28. This Act shall be called the Land Affairs General Amendment Act, 1995.

SCHEDULE

No. and year of law Short title Extent of repeal

Act No.76 of 1963 Black Laws Amendment Act, 1963 Section 32

^{9, 11, 12, 13,}

14 and 15

Act No.70 of 1974 Black Laws Amendment Act, 1974 Sections 9, 10,

12, 13, 14, 18,

19, 20, 21, 22,

^{23 and 24}

Act No.71 of 1974 Second Black Laws Amendment Act, 1974 The whole Act No.9 of 1975 Black Laws Amendment Act, 1975 The whole Act No.115 of 1977 Second Black Laws Amendment Act, 1977 The whole

Act No.12 of 1978 Black Laws Amendment Act, 1978 Sections 9, 14,

^{15, 16, 17, 18,}

19 and 20

Act No.102 of 1978 Second Black Laws Amendment Act, 1978 The whole

Act No.16 of 1979 Laws on Plural Relations and Development Sections 10 and 11

^{Amendment Act, 1979}

Act No.98 of 1979 Laws on Plural Relations and

Development Sections 11 and

¹⁷

Second Amendment Act, 1979

Act No.3 of 1980 Laws on Co-operation and Development Section 6

Amendment Act, 1980

Act No.94 of 1980 Laws on Co-operation and Development Sections 7 and 8

Second Amendment Act, 1980

Act No.102 of 1983 Laws on Co-operation and Development Sections 16, 17

Amendment Act, 1983 and 18

Act No.83 of 1984 Laws on Co-operation and Development Section 12

Amendment Act, 1984

Act No.91 of 1985 Laws on Co-operation and Development Sections 6, 7

^{Amendment Act, 1985 and 9}

Act No.105 of 1986 Laws on Development Aid Second Amend- The whole ment Act, 1986

Act No. 97 of 1988 Constitutional Laws Second Amendment The whole

Act, 1988

Act No.126 of 1991 Development Aid Laws Amendment Act, Sections 2, 3,

1991 4, 5, 6, 7 and

8

Act No.89 of 1993 Regional and Land Affairs General Sections 10, 11,

12, 13, 15, Amendment Act, 1993 16, 17 and 18

Act No.93 of 1993 Joint Administrative Authority for

Walvis Bay Act, 1993 The Whole

Act No. 99 of 1993 Joint Administration of Certain Matters The whole

Act, 1993

Act No.107 of 1993 Revocation and Assignment of Powers of The whole

Self-governing Territories Act, 1993

Act No.109 of 1993 Regulation of Joint Executive Action re- The whole garding Certain Land Act, 1993.