- Government
Gazette
14976
-
STATE
PRESIDENT'S
OFFICE
-
- No.
1277
-
20
July
1993
-
- It
is
hereby
notified
that
the
Acting
State
President
has
assented
to the
following
Act
which
is
hereby
published
for
general
information:-
-
NO.
108
OF
1993:
GENERAL
LAW
SECOND
AMENDMENT
ACT,
1993
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
- To
amend
the
Water
Act,
1956,
so
as
to
substitute
or
delete
obsolete
designations
and
expressions;
and
to
apply
the
provisions
of
the
said
Act
-
to
scheduled
Black
areas
and
released
areas;
to
amend
the
Police
Act,
1958, so
as
to
make
other
provision
in
respect
of
the
establishment
of
municipal police
units
for
certain
areas;
to
amend
the
State
Land
Disposal
Act,
1961, so
as
to
further
define
or
delete
certain
designations
and
expressions;
to authorize
the
State
President
to
assign
certain
powers
or
duties
with
retrospective
effect;
and
to
provide
for
the
operation
of
the
said
Act
in relation
to
certain
proclamations
and
regulations;
to
amend
the
Housing
-
Act,
1966,
so
as
to
delete
an
obsolete
expression;
to
amend
the
Removal
of
-
Restrictions
Act,
1967,
so
as
to
substitute
an
obsolete
designation;
and
to
-
make
further
provision
in
respect
of
the
alteration,
suspension
or
removal
-
of
certain
restrictions
or
obligations
by
the
Administrator;
to
amend
the
-
General
Law
Amendment
Act,
1969,
so
as
to
make
further
provision
in
respect of
the
cancellation
of
certain
title
deed
restrictions;
to
amend
the
Financial
Relations
Act,
1976,
so
as
to
delete
an
obsolete
restriction
on the
legislative
power
of
former
provincial
councils;
to
amend
the
-
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988,
so
as
to
substitute
or delete
obsolete
designations
and
expressions;
to
make
other
provision
in respect
of
the
publication
of
certain
notices;
to
provide
for
the
-
conversion
into
ownership
of
certain
rights
to
which
the
said
Act
relates;
-
and
to
provide
for
the
duration
of
the
said
Act;
to
amend
the
Police
Third
-
Amendment
Act,
1989,
so
as
to
effect
certain
consequential
amendments;
to
-
amend
the
Abolition
of
Racially
Based
Land
Measures
Act,
1991,
so
as
to make
other provision
in
respect
of
the
phasing
out
of
the
South
African
Development
Trust;
to
make
further
provision
in
respect
of
the
functions
of the
Advisory
Committee
on
Non-racial
Area
Measures;
and
to
extend
the
-
powers
of
the
State
President
in
relation
to
certain
laws;
to
amend
the Upgrading
of
Land
Tenure
Rights
Act,
1991,
so
as
to
substitute
obsolete
designations;
to
make
further
provision
in
respect
of
the
administration
of the
provisions
of
the
said
Act;
and
to
provide
for
the
conversion
into ownership
of
certain
rights
granted
in
respect
of
land
in
rural
-
settlements;
to
repeal
obsolete
laws;
and
to
provide
for
incidental
matters.
-
(Afrikaans
text
signed
by
the
Acting
State
President.)
-
(Assented
to
28
June
1993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
Amendment
of
section
60
of
Act
54
of
1956,
as
substituted
by
section
8
of Act
45
of
1972
and
amended
by
section
10
of
Act
42
of
1975,
section
41
of Act
63
of
1975,
section
7
of
Act
92
of
1980,
section
10
of
Act
97
of
1986 and
section
28
of
Act
45
of
1992
-
- 1.
Section
60
of
the
Water
Act,
1956,
is
hereby
amended-
(a)
by
the
deletion
of
subsection
(4);
and
-
(b)
by
the
substitution
for
subsection
(5)
of
the
following
subsection:
-
- "(5)
If
the
Minister
has
expropriated
any
property
under
the provisions
of
this
section
and
the
provisions
of
section
31(6)(a)
or
-
32(5)
of
the
Deeds
Registries
Act,
1937
(Act
No.
47
of
1937),
do
not apply
in
respect
of
such
expropriation,
the
registrar
of
deeds
in charge
of
the
deeds
registry
in
which
the
title
deed
to
any
land concerned
is
registered
shall,
if
requested
thereto
by
the
-
secretary
Director-General
and
pending
the
transfer
or
-
registration
of
the
property
in
question,
make
notes
in
the
appropriate
registers
that
such
property
has
been
acquired
by
the Minister.".
-
Amendment
of
section
94
of
Act
54
of
1956,
as
substituted
by
section
14
of
Act
92
of
1980
-
- 2.
Section
94
of
the
Water
Act,
1956,
is
hereby
amended-
-
- (a)
by
the
substitution
for
the
proviso
to
subsection
(1)
of
the following
proviso:
-
- "Provided
that
nothing
in
this
subsection
contained
shall
apply
to property,
as
so
defined,
belonging
to
the
Government,
including
-
the
South
African
Railways
and
Harbours
Administration
or
any
provincial
administration,
or
the
South
African
Development
Trust
constituted
in
terms
of
section
4(1)
of
the
Development
Trust
and Land
Act,
1936
(Act
No.
18
of
1936)
State
or
to
any
works
-
or
undertakings
conducted
carried
on
by
or
on
behalf
of
the
-
State
or
the
Electricity
Supply
Commission
referred
to
in
section
-
1
of
the
Electricity
Act,
1958
(Act
No.
40
of
1958).";
and
-
(b)
by
the
substitution
for
subsection
(2)
of
the
following
subsection:
"(2) The
provisions
of
section
60(2)(b),
(4)
(5)
and
(6)
-
shall
mutatis
mutandis
apply
in
connection
with
the
expropriation
of any
property
or
the
taking
of
the
any
right
in
terms
-
of
this
section,
and
any
reference
in
the
said
provisions
to
-
'Minister'
(except
in
section
60(2)
(b)
(i)),
'Minister
of
Water
-
Affairs'
and
'secretary'
'Director-General'
shall
be
-
construed
as
a
reference
to
an
irrigation
board.".
-
Amendment
of
section
112
of
Act
54
of
1956,
as
substituted
by
section
15
of
Act
92
of
1980
-
- 3.
Section
112
of
the
Water
Act,
1956,
is
hereby
amended
by
the
substitution
for
subsection
(2)
of
the
following
subsection:
-
- "(2)
The
provisions
of
section
60(2)(b),
(4)
(5)
and
(6)
shall
mutates
mutandis
apply
in
connection
with
the
expropriation
of
any property
or
the
taking
of
any
right
in
terms
of
this
section,
and
any reference
in
the
said
provisions
to
'Minister'
(except
in
section
-
60(2)(b)(i)),
'Minister
of
Water
Affairs'
and
'secretary'
-
'Director-General'
shall
be
construed
as
a
reference
to
a
water
board.
".
-
- Amendment
of
section
138B
of
Act
54
of
1956,
as
inserted
by
section
1
of
-
Act
110
of
1986
-
- 4.
Section
138B
of
the
Water
Act,
1956,
is
hereby
amended
by
the substitution
for
paragraph
(b)
of
subsection
(2)
of
the
following
paragraph:
-
- "(b)
The
provisions
of
section
60(2)(b),
(4)
(5)
and
(6)
shall
mutates
mutandis
apply
in
connection
with
the
expropriation
of
-
any
property
or
the
taking
of
any
right
in
terms
of
this
-
subsection,
and
a
reference
in
those
provisions
to
'Minister'
(except
-
in
section
60(2)(b)(i)),
'Minister
of
Water
Affairs'
and
-
'secretary'
'Director-General'
shall
be
construed
as
a
-
reference
to
a
body
established
under
section
138A.".
-
- Repeal
of
section
176
of
Act
54
of
1956,
as
substituted
by
section
26
of
-
Act
97
of
1986
-
- 5.
Section
176
of
the
Water
Act,
1956,
is
hereby
repealed.
-
- Amendment
of
section
17C
of
Act
7
of
1958,
as
inserted
by
section
2
of
Act
-
76
of
1989
-
- 6.
Section
17C
of
the
Police
Act,
1958,
is
hereby
amended
by
the substitution
for
paragraph
(b)
of
subsection
(1)
of
the
following
paragraph:
-
"(b)
The
Minister
may
at
any
time
establish
by
notice
in
the
-
Gazette
a
municipal
police
unit
for
any
development
area
as
-
defined
in
section
1
of
the
Black
Communities
Development
Act,
1984
-
(Act
No.
4
of
1984)
which
is
situated
outside
the
area
of
a
local
-
authority
and
defined
in
the
notice.
".
-
- Amendment
of
section
1
of
Act
48
of
1961,
as
substituted
by
section
1
of
-
Act
28
of
1968
and
amended
by
section
1
of
Act
66
of
1982,
section
1
of
Act
-
47
of
1987,
section
1
of
Act
19
of
1988
and
section
36
of
Act
9
of
1989
-
- 7.
(1)
Section
1
of
the
State
Land
Disposal
Act,
1961,
is
hereby
amended-
-
- (a)
by
the
substitution
for
the
definition
of
"Minister"
of
the
following
definition:
-
- "'Minister'
means
the
Minister
of
Public
Works,
but
in
relation
-
to
a
provision
of
this
Act
which
applies
to,
or
is
connected
with-
- question
-
- (a)
any
land
referred
to
in
paragraph
13
of
Schedule
1
to
the
-
Republic
of
South
Africa
Constitution
Act,
1983
(Act
No.
110
of
-
1983),
means
the
member
of
the
Ministers'
Council
to
whom
the
-
administration
of
land
affairs
of
the
population
group
in
-
- has
been
assigned;
- 1992
-
- (b)
any
land
transferred
to
the
Minister
of
Regional
and
Land
-
Affairs
in
terms
of
paragraph
1
(e)
of
Proclamation
No.
R.28
of
-
- or
registered
after
1
April
1992
in
his
name,
means
the
latter
-
Minister;";
and
- (b)
by
the
deletion
of
the
definition
of
"board".
-
(2)
Paragraph
(b)
of
the
definition
of
"Minister"
in
section
1
of
the State
Land
Disposal
Act,
1961,
as
substituted
by
subsection
(1)(a),
shall be
deemed
to
have
come
into
operation
on
1
April
1992.
-
- Amendment
of
section
6
of
Act
48
of
1961,
as
substituted
by
section
4
of
-
Act
66
of
1982
-
- 8.
Section
6
of
the
State
Land
Disposal
Act,
1961,
is
hereby
amended- (a)
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
-
"(1)
The
State
President
may
either
generally
or
in
regard
to specified
State
land
or
in
a
specified
case
assign
with
retrospective
effect
from
a
date
not
earlier
than
1
April
1992 to
the
Minister
or
to
the
board
any
power
or
duty
conferred
-
or
imposed
upon
him
by
section
2,
2A
or
5
and
any
power
or
duty
to issue
deeds
of
grant
which
he
may
otherwise
have."
-
(b)
by
the
substitution
for
subsection
(2j
of
the
following
subsection:
"(2) If
the
State
President
assigns
to
the
Minister
or
to
the
-
board
any
power
conferred
upon
him
by
section
2,
the
Minister
-
or
the
board,
as
the
case
may
be
shall
have
the
powers
and
be
-
subject
to
the
duties
conferred
or
imposed
upon
the
State
President by
section
5
in
connection
with
the
exercising
of
the
power
so assigned.";
and
-
- (c)
by
the
deletion
of
subsection
(3).
Insertion
of
section
8A
in
Act
48
of
1961
-
9.
(1)
The
following
section
is
hereby
inserted
after
section
8
of
the
-
State
Land
Disposal
Act,
1961:
-
- "Operation
of
Act
in
relation
to
certain
proclamations
and regulations
-
- 8A.
The
provisions
of
this
Act
shall
apply
in
addition
to,
and
not
in
substitution
for,
the
provisions
of
any
proclamation
or
regulation
referred
to
in
sections
5(2),
8(2)
and
11(2)
of
the
Abolition
of
Racially
Based
Land
Measures
Act,
1991
(Act
No.
108
of
1991).".
-
- (2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
1
- April
1992.
-
- Substitution
of
section
84
of
Act
4
of
1966,
as
substituted
by
section
14 of
Act
97
of
1987
-
- 10.
The
following
section
is
hereby
substituted
for
section
84
of
the
-
Housing
Act,
1966:
-
- "Local
authority,
housing
utility
company
or
natural
person
may
be exempted
from
certain
measures
-
- been
-
- 84.
Any
local
authority
to
which
a
loan
in
respect
of
a
scheme
has
-
- granted
in
terms
of
this
Act,
any
housing
utility
company
to
which
a
loan or
advance
for
the
provision
of
housing
has
been
granted
in
terms
of
this Act
and
any
natural
person
to
whom
a
housing
loan,
building
loan
or
local authority
housing
loan
for
the
construction
of
an
approved
dwelling
has been
granted,
may
at
its
or
his
request
be
exempted
by
the
Administrator
concerned
from
the
provisions
of
any
by-law,
regulation
or
town
planning scheme
or
the
conditions
of
establishment
of
a
township
relating
to
the type
of
dwelling
to
be
constructed,
the
materials
to
be
used
in
the
construction
thereof
or
the
applicable
general
building
standards
applicable
in
the
development
area
concerned.".
- Amendment
of
section
1
of
Act
84
of
1967,
as
amended
by
section
1
of
Act
18 of
1984
-
- 11.
Section
1
of
the
Removal
of
Restrictions
Act,
1967,
is
hereby
amended
by
the
substitution
for
the
definition
of
"Minister"
of
the
following
definition:
-
"'Minister'
means
the
Minister
of
Community
Development
-
Regional
and
Land
Affairs;".
-
- Amendment
of
section
2
of
Act
84
of
1967,
as
amended
by
section
61
of
Act
-
70
of
1968,
section
7
of
Act
96
of
1969
and
section
2
of
Act
18
of
1984
-
- 12.
Section
2
of
the
Removal
of
Restrictions
Act,
1967,
is
hereby
amended
by
the
substitution
for
subsection
(2)
of
the
following
subsection:
-
- "(2)
The
provisions
of
subsection
(1)
shall
not
apply
in
respect
of any
condition
of
title
affecting
rights
to
minerals
or
any
condition
imposed
under
the
provisions
of
section
5(3)
of
the
Townships
Amendment
Act,
1908
(Act
No.
34
of
1908),
of
the
Transvaal,
or
of
section
16(3)
-
of
the
Orange
Free
State
Metals
Mining
Act,
1936
(Act
No.
13
of
1936),
or
of
section
2(2)
of
the
Physical
Planning
and
Utilization
of
Resources
Act,
1967
(Act
No.
88
of
1967),
or
in
respect
of
any
-
condition
specifically
prohibiting
or
restricting
the
sale
or
supply
of
intoxicating
liquor
or
the
sale,
lease
or
occupation
of
any
land
to
or by
a
non-white
person,
except
in
so
far
as
such
condition
relates
to
-
the
occupation
of
land
which
is
used
or
is
intended
to
be
used
for
public
purposes
by
the
State
or
a
local
authority.".
-
- Substitution
of
section
28
of
Act
101
of
1969
-
- 13.
(1)
The
following
section
is
hereby
substituted
for
section
28
of the
General
Law
Amendment
Act,
1969:
- "Cancellation
of
certain
title
deed
restrictions
-
- 28.
(1)
Any
provision
in
the
title
deed
of
any
immovable
property
prohibiting
or
restricting
the
ownership
transfer,
hypothecation
-
or
letting
of
such
property
to,
or
the
possession,
occupation
or
use
of such
property
by,
any
person
who
is
a
member
of
a
particular
race
-
or
class
population
or
ethnic
group
or
who
is
not
of
a
particular
population
or
ethnic
group,
is
hereby
cancelled,
irrespective
of whether
such
provision
was
imposed
in
terms
of
any
law
or
otherwise.
-
- (2)
The
officer
in
charge
of
the
deeds
registry
concerned
shall
on
application
by
the
owner
of
any
immovable
property
concerned
or
his
authorized
agent,
and
on
production
of
the
relevant
title
deed
endorse the
fact
of
such
cancellation
on
such
title
deed.
-
- (3)
No
office
fees,
stamp
duty
or
transfer
duty
shall
be
payable
in respect
of
any
such
cancellation
or
endorsement.".
-
- (2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
30
-
June
1991.
-
- Amendment
of
section
8
of
Act
65
of
1976
-
- 14.
(1)
Section
8
of
the
Financial
Relations
Act,
1976,
is
hereby
amended
by
the
deletion
of
subsections
(2)
and
(3).
-
- (2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
30
-
June
1991.
-
- Amendment
of
section
1
of
Act
81
of
l998
-
- 15.
Section
1
of
the
Conversion
of
Certain
Rights
to
Leasehold
Act,
-
1988,
is
hereby
amended-
-
- (a)
by
the
insertion
after
the
definition
of
"certificate"
of
the following
definition:
-
- "'Director-General'
means
the
director-general
of
the
provincial
administration
in
question;";
-
- (b)
by
the
deletion
of
the
definitions
of
"competent
person"
and
-
"development
area";
-
- (c)
by
the
insertion
before
the
definition
of
"local
authority"
of
the following
definition:
-
- "'formalized
township'
means
a
formalized
township
as
defined
in
section
1(1)
of
the
Upgrading
of
Land
Tenure
Rights
Act,
1991
(Act No.
112
of
1991);";
-
- (d)
by
the
substitution
for
the
definition
of
"publish"
of
the
following
definition:
-
- "'publish',
in
relation
to
a
notice,
means
the
publication
of the
notice-
-
- (a)
by
publishing
it
either
in
the
Official
Gazette
of
the
province
concerned
or
in
an
Afrikaans
and
in
an
English
newspaper
- circulating
-
- in
the
area
concerned;
and
- area
-
- (b)
by
affixing
it
at
a
prominent
place
at
the
office
of
the
local
authority
concerned
and
at
such
other
public
buildings
in
the
-
- concerned
as
the
Director-General
may
determine;"
- (e)
by
the
deletion
of
the
definition
of
"secretary";
and
-
- (f)
by
the
insertion
after
the
definition
of
"this
Act"
of
the
following
definition:
-
- "'township
register'
means
a
register
referred
to
in
section
-
46(1)
of
the
Deeds
Registries
Act,
1937;".
-
- Amendment
of
section
2
of
Act
81
of
1988
-
- 16.
Section
2
of
the
Conversion
of
Certain
Rights
to
Leasehold
Act,
-
1988,
is
hereby
amended-
-
(a)
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
"(1) Any
secretary
The
Director-General
shall
conduct
-
an
inquiry
in
the
prescribed
manner
in
respect
of
affected
sites
-
within
development
areas
situated
within
his
province
in
-
order
to
determine
who
shall
be
declared
to
have
been
granted
a right
of
leasehold
or
in
the
case
where
the
affected
sites
are
situate
in
a
formalized
township
for
which
a
township
register
has
been
opened,
ownership
with
regard
to
such
sites.";
-
- (b)
by
the
substitution
for
paragraph
(a)
of
subsection
(3)
of
the following
paragraph:
-
- "(a)
give
effect
to
any
agreement
or
transaction
in
relation
to
the rights
of
a
holder
contemplated
in
subsection
(4)(a)
or
(b)
-
in
respect
of
the
site
concerned,
between
such
holder
and
any
other
person;";
-
- (c)
by
the
substitution
for
paragraph
(c)
of
the
said
subsection
(3)
of the
following
paragraph:
-
- "(c)
consider
any
intestate
heir
of
the
last
such
holder
to
have been
granted
a
right
of
leasehold
or,
in
the
case
where
that
site is
situate
in
a
formalized
township
for
which
a
township
register
has
been
opened,
ownership
in
respect
of
the
site
concerned;";
-
- (d)
by
the
deletion
of
the
proviso
to
the
said
subsection
(3);
-
(e)
by
the
substitution
for
subsection
(4)
of
the
following
subsection:
"(4) At
the
conclusion
of
the
inquiry
and
after
having
considered
-
any
relevant
claim
or
objection,
the
secretary
-
Director-General
shall,
if
he
is
satisfied
that
the
person
concerned
-
- (a)
is
a
competent
person;
and
- (b)
is,
subject
to
the
provisions
of
subsection
(3),
in
respect
of the
site
concerned-
-
- (i)(a)
the
holder
of
a
site
permit,
certificate
or trading
site
permit;
or
- permit,
-
- (ii)(b)
the
holder
of
rights
which
in
the
-
opinion
of
the
secretary
Director-General
-
are
similar
to
the
rights
of
the
holder
of
a
site
-
- certificate
or
trading
site
permit,
determine
whom
he intends
to
declare
to
have
been
granted
a
right
of leasehold
or,
in
the
case
where
that
site
is
situate
-
in
a
formalized
township
for
which
a
township
register
has been
opened,
ownership
in
respect
of
the
site
concerned.";
- (f)
by
the
substitution
for
paragraph
(a)
of
subsection
(5)
of
the following
paragraph:
-
- "(a)
that
such
a
determination
has
been
made
in
respect
of
the
site
stated
in
the
notice,"
-
- (g)
by
the
substitution
for
paragraph
(b)
of
the
said
subsection
(5)
of the
following
paragraph:
-
- "(b)
that
the
prescribed
particulars
of
that
determination
are
-
open
to
inspection
for
a
period
of
14
days
as
from
the
date
of
the
-
publication
of
the
notice
at
the
prescribed
place;";
and
-
- (h)
by
the
substitution
for
paragraph
(d)
of
the
said
subsection
(5)
of the
following
paragraph:
-
- "(d)
that,
subject
to
any
decision
of
the
Administrator
concerned
on appeal,
the
person
concerned
shall
be
declared
to
have
been
granted
a
right
of
leasehold
or,
in
the
case
where
that
site
is
situate
in a
formalized
township
for
which
a
township
register
has
been
opened,
ownership
in
respect
of
the
site
concerned.".
-
- Substitution
of
section
4
of
Act
81
of
l988
-
- 17.
The
following
section
is
hereby
substituted
for
section
4
of
the
-
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988:
-
- "Granting
of
leasehold
or
ownership
-
- 4.
(1)
The
secretary
concerned
Director-General
shall
-
upon
the
expiry
of
the
period
specified
for
appeal
under
section
3(1)
or, in
the
case
of
such
appeal,
on
the
confirmation,
variation
or
-
substitution
-
of
the
determination
referred
to
in
section
2(4),
in
the
prescribed
manner
-
declare
the
person
concerned
to
have
been
granted
-
-
- (a)
a
right
of
leasehold
in
respect
of
the
affected
site
-
concerned
under
section
52(1)
of
the
principal
Act,
whereupon
that person
shall
be
deemed
for
all
purposes
to
have
been
granted
a
right of
leasehold
under
the
said
section
52(1);
or
- (b)
in
the
case
where
the
affected
site
is
situate
in
a
formalized
township
for
which
a
township
register
has
been
opened,
ownership
in
respect
of
the
affected
site
concerned.
-
- (2)
The
provisions
of
section
52(4)
of
the
principal
Act
shall
not apply
in
respect
of
any
leasehold
contemplated
in
subsection
(1)
of
this
section.".
-
- Substitution
of
section
5
of
Act
81
of
1988
-
- 18.
The
following
section
is
hereby
substituted
for
section
5
of
the
-
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988:
-
- "Registration
of
leasehold
or
transfer
of
ownership
-
- 5.
(1)
Whenever
he
the
Director-General
has
made
a declaration-
-
- (a)
in
terms
of
section
4(1)(a),
the
secretary
-
he
shall
lodge
such
declaration
and
every
deed
and
other
-
document
necessary
for
the
registration
of
the
right
of
leasehold
-
concerned
with
the
registrar
concerned,
who
shall-
-
- (a)
(i)
for
the
purposes
of
registration,
-
accept
that
the
particulars
contained
in
the
declaration
are correct;
and
-
- (b)
(ii)
without
the
production
of
any
-
particulars
or
certificate
referred
to
in
section
-
53(4)
or
66(1)(n)(ivA),
respectively,
of
the
principal
-
Act
to
the
effect
that
the
levies
or
charges
in
-
respect
of
the
affected
site
concerned
have
been
paid
to
the
local
authority,
register
the
right
of
leasehold
in
-
favour
of
the
person
mentioned
in
the
declaration;
-
- (b)
in
terms
of
section
4(1)(b),
he
shall
lodge
such
declaration
and
-
a
certificate
of
ownership,
on
the
form
prescribed
for
that
purpose
-
under
the
Deeds
Registries
Act,
1937
(Act
No.
47
of
1937),
and
made
-
out
in
the
name
of
the
person
mentioned
in
the
declaration,
with
the
-
registrar
concerned,
who
shall-
-
(i) notwithstanding
the
provisions
of
the
said
Act,
register
-
the
transfer
of
ownership
of
the
affected
site
concerned
by
signing
the
certificate
of
ownership;
and
-
- (ii) when
the
transfer
of
ownership
of
that
affected
site
has
been
registered
-
- (aa)
make
an
entry
of
such
transfer
of
ownership
in
the
applicable
registers;
-
- (bb)
file
the
declaration
and
signed
certificate
of
ownership
in
the
deeds
registry
in
such
manner
as he
may
consider
fit;
and
-
- (cc)
make
a
copy
of
the
signed
certificate
of
ownership
available
to
the
Director-General
for
delivery
to
the
-
- person
to
whom
that
affected
site
has
been
transferred.
-
- (2)
If
the
occupier
of
a
site
is
not
the
holder
of
the
right
of leasehold
or
the
owner
in
respect
of
it,
the
secretary
-
Director-General
shall
not
act
in
terms
of
subsection
(1)
unless
he
-
is
satisfied
that
the
amount
of
any
bona
fide
improvements
on
the
site
that have
been
affected
effected
by
that
occupier
has
been
-
assessed
in
the
prescribed
manner
and
paid
to
that
occupier,
or
that
security
to
the
satisfaction
of
the
secretary
-
Director-General
has
been
furnished
for
the
payment
of
that
amount.
-
- (3)(a)
Sections
10(1)(q)
and
16A
of
the
Deeds
Registries
Act,
-
1937
(Act
No.
47
of
1937),
shall
apply
in
respect
of
the
said
right
-
of
leasehold
as
if
it
were
a
right
of
leasehold
referred
to
in
those
sections.
-
- (b)
No
provision
of
section
15
or
17
of
the
Deeds
Registries
Act,
-
1937,
shall
apply,
and
no
transfer
duty,
stamp
duty
or
other
fees
shall
be
payable,
in
respect
of
the
said
transfer
of
ownership.
-
- (4)
The
secretary
Director-General
shall
for
the
purposes of
the
any
registration
of
the
right
of
leasehold
-
in
terms
of
this
section
be
deemed
to
be
the
duly
authorized
representative
of
the
local
authority
concerned.".
-
- Amendment
of
section
6
of
Act
81
of
1988
-
- 19.
Section
6
of
the
Conversion
of
Certain
Rights
to
Leasehold
Act,
-
1988,
is
hereby
amended-
-
- (a)
by
the
substitution
for
paragraph
(b)
of
subsection
(1)
of
the following
paragraph:
-
- "(b)
of
a
site
permit,
certificate
or
trading
site
permit
or
of rights
referred
to
in
section
(ii)
who
has
not
prior
to
a
-
date
to
be
determined
by
the
Administrator
concerned
with
regard
to the
development
area
concerned
or
part
thereof
m
respect
-
of
a
particular
area
(which
date
shall
not
be
earlier
than
the date
upon
which
the
secretary
concerned
-
Director-General
has
completed
the
inquiry
contemplated
in
-
section
2(1)
to
the
satisfaction
of
the
Administrator)
become
the holder
of
a
right
of
leasehold
or
an
owner,
shall
from
such
-
date;
or";
-
- (b)
by
the
substitution
for
paragraph
(c)
of
the
said
subsection
(1)
of the
following
paragraph:
-
- "(c)
of
a
site
permit,
certificate
or
trading
site
permit
or
of rights
referred
to
in
section
2(4)(b)(ii)
in
respect
of
a
-
site
in
an
area
defined
in
a
proclamation
under
section
2(2)
of
the principal
Act,
shall
from
the
commencement
of
this
Act,
or
if
such
a proclamation
is
issued
after
the
commencement
of
this
Act,
from
the date
of
such
proclamation,";
and
-
- (c)
by
the
substitution
for
the
proviso
to
the
said
subsection
(1)
of the
following
proviso:
-
- "Provided
that
nothing
in
this
subsection
contained
shall
be
-
- construed
as
derogating
from
any
right
that
the
holder
of
a
site permit,
certificate,
trading
site
permit
or
rights
contemplated
in section
(ii)
might
have
acquired
by
virtue
of
the
provisions
-
of
the
regulations.".
-
- Amendment
of
section
11
of
Act
81
of
l988
-
- 20.
Section
11
of
the
Conversion
of
Certain
Rights
to
Leasehold
Act,
-
1988,
is
hereby
amended
by
the
substitution
for
subsection
(1)
of
the
-
following
subsection:
-
- "(1)
The
holder
of
a
site
permit,
certificate,
trading
site
permit or
rights
contemplated
in
section
2(4)(b)(ii)
shall,
-
notwithstanding
the
repeal
of
the
regulations
by
this
Act
but
subject to
the
provisions
of
any
other
law,
and
until
a
right
of
leasehold
-
or
the
transfer
of
ownership
in
respect
of
the
site
concerned
-
has
been
registered
or
until
he
has
become
a
lessee
under
section
-
6(1)(c),
as
the
case
may
be,
have
the
same
rights
that
he
would
have
-
had
in
respect
of
that
site
in
terms
of
the
regulations
as
if
they
were
-
not
repealed
by
this
Act.".
-
- Insertion
of
section
12A
in
Act
81
of
l988
-
- 21.
The
following
section
is
hereby
inserted
after
section
12
of
the
-
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988:
-
- "Duration
of
Act
-
- 12A.
This
Act
shall
cease
to
have
effect
on
a
date
fixed
by
the
-
State
President
by
proclamation
in
the
Gazette.".
-
- Substitution
of
long
title
of
Act
81
of
1988
-
- 22.
The
following
long
title
is
hereby
substituted
for
the
long
title of
the
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988:
-
"ACT
-
- To
provide
for
the
conversion
of
certain
occupational
rights
in
development
areas
to
rights
of
occupation
into
leasehold
-
or
ownership
and
for
matters
connected
therewith."
Substitution
of
word
"secretary"
in
Act
81
of
1988
23.
The
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988,
is
hereby amended
by
the
substitution
for
the
word
"secretary",
wherever
it
appears, of
the
word
"Director-General"
.
-
- Substitution
of
section
13
of
Act
81
of
1988
-
- 24.
The
following
section
is
hereby
substituted
for
section
13
of
the
-
Conversion
of
Certain
Rights
to
Leasehold
Act,
1988:
-
- "Short
title
and
commencement
-
- 13.
This
Act
shall
be
called
the
Conversion
of
Certain
Rights
to
-
into
Leasehold
or
Ownership
Act,
1988,
and
shall
come
into
-
operation
on
a
date
fixed
by
the
State
President
by
proclamation
in
the
-
- Gazette.
".
-
- Amendment
of
section
4
of
Act
76
of
1989,
as
amended
by
section
10
of
Act
-
110
of
1990
-
- 25.
Section
4
of
the
Police
Third
Amendment
Act,
1989,
is
hereby
amended-
-
- (a)
by
the
deletion
of
subsection
(2);
(b)
by
the
substitution
for
subsection
(3)
of
the
following
subsection:
"(3)
A
reference
in
any
law
to
a
person
appointed
under
section
-
34
of
the
Black
Local
Authorities
Act,
1982
(Act
No.
102
of
1982),
-
shall,
in
respect
of
the
area
of
a
local
authority
as
defined
in
-
section
1(1)
of
the
said
Act,
be
construed
as
a
reference
to
a member
of
a
municipal
police
unit
established
by
section
17C(1)(a)
of the
principal
Act
in
respect
of
such
area.";
and
-
- (c)
by
the
deletion
of
subsection
(11).
Substitution
of
long
title
of
Act
76
of
1989
-
26.
The
following
long
title
is
hereby
substituted
for
the
long
title of
the
Police
Third
Amendment
Act,
1989:
-
"ACT
-
- To
amend
the
Police
Act,
1958,
in
order
to
provide
for
the
establishment
of
municipal
police
units
in
the
areas
of
Black
local
authorities
and
in
certain
development
other
areas;
for
the
-
appointment
of
members
of
those
units,
and
the
powers
and
duties
of
such members;
for
the
transfer
of
certain
persons
in
the
employment
of
the
-
said
-
local
authorities
and
of
certain
persons
serving
in
the
said
development
-
areas
to
municipal
police
units;
and
for
the
transfer
to
the
State
of
-
certain
movable
and
immovable
property
used
by
the
said
local
authorities or
in
the
said
development
areas
in
connection
with
municipal
police
functions;
and
to
provide
for
incidental
matters.".
-
- Amendment
of
section
12
of
Act
108
of
1991
-
- 27.
(1)
Section
12
of
the
Abolition
of
Racially
Based
Land
Measures
-
Act,
1991,
is
hereby
amended-
-
- (a)
by
the
substitution
for
paragraph
(a)
of
subsection
(2)
of
the following
paragraph:
-
- "(a)
transfer
any
asset
(including
land)
or
right
acquired
and
any liability
or
obligation
incurred
by
the
Trust
to
any
person,
-
State
department
or
institution
established
by
or
under
a
law an
Administrator,
a
Minister
or
the
State,
including
the
government
of
a
self-governing
territory,
and
that
person,
State
department
or
institution
the
Administrator,
Minister
-
or
State
shall,
after
such
transfer,
be
deemed
to
have
acquired
the asset
or
right
or
to
have
incurred
the
liability
or
obligation;";
and
-
- (b)
by
the
deletion
of
paragraph
(b)
of
the
said
subsection
(2).
-
- (2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
1
-
April
1992.
-
- Substitution
of
section
83
of
Act
108
of
1991
-
- 28.
The
following
section
is
hereby
substituted
for
section
83
of
the
-
Abolition
of
Racially
Based
Land
Measures
Act,
1991:
-
- "Functions
of
Committee
-
- 83.
(1)
The
Committee-
-
- (a)
may
of
its
own
accord,
or
shall
at
the
request
of
the
Minister
of
Justice,
investigate
and
consider
any
matter
relating
to
the
exercise
of
any
power
conferred
upon
the
State
President
by
this
Act;
-
- (b)
may
make
recommendations
to
the
State
President
in
connection
with any
such
matter;
-
- (c)
may,
with
the
approval
of
the
said
Minister,
establish
one
or
more
sub-committees
to
inquire
into,
and
to
report
to
the
Committee
in
regard
to,
any
matter
falling
within
the
scope
of
the
Committee's
functions.
-
- (2)
A
sub-committee
established
under
subsection
(1)(c)
shall
consist
of
such
number
of-
-
- (a)
members
of
the
Committee;
-
- (b)
members
of
the
Committee
and
persons
who
are
not
such
members;
or
-
- (c)
such
persons,
-
- as
the
Committee
may
determine,
and
the
Committee
may
at
any
time
dissolve
-
or
reconstitute
such
sub-committee.".
Amendment
of
section
87
of
Act
108
of
1991
-
29.
(1)
Section
87
of
the
Abolition
of
Racially
Based
Land
Measures
-
Act,
1991,
is
hereby
amended-
-
(a)
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
"(1) The
State
President
may
to
the
extent
that
appears
to
him
to
be
necessary
or
expedient
to
provide
for
-
- (a)
by
proclamation
in
the
Gazette
make
enactments
with
a
view
to the
readjustment
of
matters
in
a
non-racial
manner
-
by
proclamation
in
the
Gazette;
and
-
(b)
provide
in
any
such
enactment
for-
-
- (a)
(i)
repeal,
amend,
supplement
or
with
-
or
without
adjustments
substitute
any
regulation,
-
proclamation,
rule
or
by-law
the
repeal,
amendment
or
supplement
of
any
proclamation,
regulation,
by-law
or rule
referred
to
in
section
5(2),
8(2), -
11(2),
32(2)
or
72(2)
of
this
Act,
or
the
substitution,
-
either
with
or
without
adjustments,
of
any
such
proclamation,
-
regulation,
by-law
or
rule;
-
- (b)
(ii)
amend
the
amendment
or
-
supplement
of
any
law
which
contains
any
provision
-
that
has
been
repealed
by
this
Act
or
in
which
appears
a
-
reference
or
an
implied
reference
to
any
law
or
-
any
provision
that
has
been
repealed
by
this
Act
or
to
-
any
area
that
has
been
defined,
determined
or
established
by
-
or
under
any
such
repealed
law
or
provision,
or
the
repeal
-
of
any
such
law;
-
- (c)(iii)
amend
the
amendment
or
-
supplement
of
any
other
law,
or
the
repeal
of
any such
other
law,
so
as
to
give
effect
to
any
repeal,
amendment,
supplement
or
substitution
contemplated
in paragraph
(a)
or
(b)
subparagraph
(i)
or
(ii);
-
or
-
- (d)
(iv)
amend
the
amendment
of
-
the
Rural
Areas
Act
(House
of
Representatives),
1987
(Act
No.
-
9
of
1987),
or
a
any
regulation
made
-
thereunder,
or
the
repeal
of
the
said
Act
or
any
such
regulation.";
-
- (b)
by
the
substitution
for
paragraph
(a)
of
subsection
(2)
of
the following
paragraph:
-
- "(a)
any
amendment
or,
supplement
or
repeal
-
contemplated
in
paragraph
(b)
of
subsection
(1)(b)(ii)
may
-
be
effected
irrespective
of
whether
the
repeal
of
the
law
or provision
-
referred
to
in
that
paragraph
subsectionhas
commenced
-
or
not;
and";
and
-
- (c)
by
the
substitution
for
paragraph
(b)
of
the
said
subsection
(2)
of the
following
paragraph:
-
- "(b)
any
amendment
or
supplement
of
any
law
referred
to
in
-
paragraph
(b)
or
(c)
of
subsection
(1)
(b)(ii)
or
-
(iii)
may,
subject
to
the
suchqualifications
-
which
as
the
State
President
may
think
fit,
provide
-
for
the
extension
or
restriction
of
the
application
of
any
-
such
law
or
any
provision
thereof.".
-
(2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
1 -
April
1992.
-
- Amendment
of
section
1
of
Act
112
of
1991
-
- 30.
Section
1
of
the
Upgrading
of
Land
Tenure
Rights
Act,
1991,
is hereby
amended-
-
- (a)
by
the
substitution
in
subsection
(1)
for
the
definition
of
-
- "Administrator"
of
the
following
definition:
-
- "'Administrator'
means
the
administrator
of
a
province
acting
in
consultation
with
the
other
members
of
the
executive
committee
of that
province;";
and
-
- (b)
by
the
substitution
in
the
said
subsection
(1)
for
the
definition
of "Minister"
of
the
following
definition:
-
- "'Minister'
means
the
Minister
of
Public
Works
-
Regional
and
Land
Affairs;".
Amendment
of
section
15
of
Act
112
of
1991
-
31.
Section
15
of
the
Upgrading
of
Land
Tenure
Rights
Act,
1991,
is hereby
amended
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
-
- "(1)
The
Minister
Administrator
may
by
notice
in
the Official
Gazette
declare
a
township
specified
in
the
notice
to
be
a
formalized
township
for
the
purposes
of
Chapter
1.".
-
- Insertion
of
Chapter
2A
and
sections
18A,
18B,
18C,
18D,
18E,
18F,
18G,
18H
-
and
181
in
Act
112
of
1991
-
32.
The
following
chapter
is
hereby
inserted
after
section
18
of
the -
Upgrading
of
Land
Tenure
Rights
Act,
1991:
-
"CHAPTER
2A
RURAL
SETTLEMENTS
-
Declaration
of
areas
to
be
rural
settlements
-
- 18A.
(1)
Notwithstanding
anything
to
the
contrary
in
this
Act
contained
but
subject
to
the
provisions
of
subsection
(2),
the
Administrator
may
by
notice
in
the
Official
Gazette
declare
any
area
specified
in
the
notice
to
be
a
rural
settlement.
-
- (2)
The
Administrator
shall
not
declare
any
such
area
to
be
a
rural
settlement
unless-
-
- (a)
a
diagram
and
general
plan
in
respect
of
that
area
have
been
approved
under
the
applicable
provision
of
any
law;
-
- (b)
a
land
tenure
right
mentioned
in
Schedule
2
has
been
granted
in
respect
of
any
piece
of
land
in
that
area;
and
-
- (c)
if
that
area
is
situate
on
tribal
land,
the
tribe
in
question
has
requested
the
Administrator
by
means
of
a
tribal
resolution
to
take
steps to
declare
that
area
to
be
a
rural
settlement
with
a
view
to
converting
the
land
tenure
rights
granted
to
individuals
in
respect
of
pieces
of
land
in
that
area
into
ownership.
-
- (3)
The
laws
relating
to
the
subdivision
of
land,
the
establishment
of
-
townships
and
town
planning
shall
not
apply
in
respect
of
any
area
-
referred
-
- to
in
subsection
(1).
-
- the
-
- of in
-
- to
-
- by
-
- (4)
The
Administrator
may
at
any
time
amend
or
withdraw
a
notice
referred
to
in
subsection
(1)
by
like
notice
in
the
Official
Gazette:
Provided
that
any
such
amendment
or
withdrawal
shall
not
derogate
from
-
- validity
of
anything
done
in
terms
of
this
Chapter,
or
from
any
right,
privilege,
obligation
or
liability
acquired,
accrued
or
incurred
in
terms of
or
by
virtue
of
this
Chapter.
-
- Assistance
by
Administrator
in
respect
of
certain
areas
-
- 18B.
(1)
Subject
to
the
provisions
of
subsection
(2)
and
the
availability
of
moneys
and
personnel,
the
Administrator
shall
in
respect
-
an
area
in
which
land
tenure
rights
mentioned
in
Schedule
2
were
granted
respect
of
pieces
of
land,
take
with
the
co-operation
of
the
community
-
residing
in
such
area
such
steps
as
may
be
necessary
to
declare
the
area
-
- be
a
rural
settlement.
-
- (2)
Subsection
(1)
shall
not
apply
in
respect
of
any
area
situate
on
tribal
land
unless
the
tribe
in
question
has
requested
the
Administrator
-
- means
of
a
tribal
resolution
to
take
steps
to
declare
that
area
to
be
a rural
settlement
with
a
view
to
converting
the
land
tenure
rights
granted
to
individuals
in
respect
of
pieces
of
land
in
that
area
into
-
ownership.
-
- Surveying
- 18C.
If
an
area
in
which
land
tenure
rights
mentioned
in
Schedule
2 were
granted
in
respect
of
pieces
of
land
has
not
been
surveyed,
the
Administrator
may
from
moneys
appropriated
by
Parliament
for
that
-
purpose-
-
- (a)
with
the
co-operation
of
the
community
residing
in
such
area,
cause
the
layout
of
that
area
to
be
replanned
and
cause
such
adjustments
to be
effected
to
the
layout
thereof
as
he
may
consider
necessary;
-
- (b)
cause
such
area,
including
any
pieces
of
land,
to
be
surveyed
and
cause a
diagram
and
general
plan
to
be
prepared;
and
-
- (c)
cause
the
said
diagram
and
general
plan
to
be
submitted
to
the
surveyor-general
for
his
approval.
-
- Compilation
and
updating
of
registers
of
land
rights
-
- 18D.
(1)
If
the
Administrator
is
of
the
opinion
that
the
register
of land
rights
of
an
area
in
which
land
tenure
rights
mentioned
in
Schedule
-
2
-
were
granted
in
respect
of
pieces
of
land
has
not
been
written
up
or
properly
written
up,
he
may
designate
any
person
to
compile
a
register
of land
rights
for
such
area
or
to
update
the
existing
register,
and
to
rectify
or
supplement
errors
and
omissions,
as
the
case
may
be.
-
- (2)
If
the
Administrator
receives
a
request
from
a
tribe
in
terms
of
- section
18B(2)
in
respect
of
any
area
on
tribal
land
in
which
the
individual
pieces
of
land
are
occupied
or
utilized
by
individuals
and
-
their
-
families
under
the
indigenous
law
or
customs
of
that
tribe,
he
may
-
designate
any
person
to
compile
a
register
of
land
rights
for
such
area.
-
- (3)
If
any
area
referred
to
in
subsection
(1)
or
(2)
has
not
been
surveyed,
the
functions
mentioned
in
that
subsection
shall
not
be
-
performed
-
before
the
survey
of
such
area
has
commenced.
-
- (4)
Any
register
of
land
rights
compiled
or
updated
in
terms
of
this
section
shall,
as
to
its
format,
form
and
contents,
be
compiled
or
-
updated
-
in
accordance
with
the
legal
and
administrative
requirements
applicable
-
to
-
the
registers
used
in
a
deeds
registry
in
connection
with
the
-
registration
-
of
farms
or
other
pieces
of
land.
-
- (5)
Any
person
designated
under
subsection
(1)
or
(2)
shall,
in
the
compilation
or
updating
of
a
register
of
land
rights-
-
- (a)
satisfy
himself
that
the
property
descriptions
in
the
register
or which
he
makes
in
the
register
correspond
with
those
descriptions
on the
general
plan
of
the
area
in
question
prepared
in
terms
of
-
section
18C(b);
-
- (b)
ascertain
the
identity
of
the
person
who
at
the
relevant
time
is
physically
and
beneficially
the
holder
of
the
land
tenure
right
in
respect
of
each
piece
of
land
in
such
area;
-
(c)
consider
any
representations
made
to
him,
either
orally
or
in
writing,
by
any
person
who
lays
claim
to
be
registered
in
the
register
as
the
holder
of
a
land
tenure
right.
-
(6)
In
order
to
gather
information
which
is
necessary
or
expedient
to
compile
or
update
a
register
of
land
rights
for
the
area
in
question,
the
designated
person
may- -
- (a)
question
any
person
who
in
his
opinion
may
have
relevant
information
available;
-
- (b)
require
any
person
to
deliver
to
him
forthwith,
or
to
submit
to
him at
such
time
and
place
as
may
be
determined
by
him,
any
register,
permit,
certificate
or
other
document
in
the
possession
or
under
the
control
of
any
such
person
and
which
in
his
opinion
contains
-
relevant
information
-
- (c)
examine
any
such
register,
permit,
certificate
or
document
or
make an
extract
therefrom
or
a
copy
thereof;
-
- (d)
for
the
purposes
of
paragraph
(a),
(b)
or
(c),
at
any
reasonable
time
enter
upon
any
land
in
such
area.
-
- (7)
Whenever
the
designated
person
performs
his
functions
under
this
section,
he
may
be
accompanied
by
such
persons
as
he
may
in
the
circumstances
of
any
particular
case
consider
necessary.
-
- (8)
The
Administrator
shall
issue
to
a
person
designated
under
subsection
(1)
or
(2)
proof
in
writing
of
his
designation,
and
such
a person
shall
not
perform
any
function
under
this
section
unless
he
is
at the
time
of
performing
that
function
in
possession
of
such
proof,
which
proof
shall
be
produced
at
the
request
of
any
person
affected
by
the
performance
of
that
function.
-
- Appeal
against
entries
in
registers
of
land
rights
-
- 18E.
(1)
Any
person
aggrieved
by
any
entry
made
by
a
person
designated
under
subsection
(1)
or
(2)
of
section
18D
in
a
register
of
-
land
-
rights
compiled
or
updated
in
terms
of
that
section,
may
within
30
days
-
after
he
became
aware
of
the
entry
appeal
in
writing
against
such
entry
-
to
-
the
Administrator.
-
- (2)
The
Administrator
may,
after
he
has
considered
the
grounds
of
the
appeal
and
the
reasons
of
the
designated
person
for
such
entry-
-
- (a)
either
in
whole
or
in
part,
allow
the
appeal
and
direct
the
designated
person
to
alter
such
entry
or
to
substitute
for
it
such
other
entry
as
the
designated
person
in
the
Administrator's
opinion
ought to
have
made;
or
-
- (b)
dismiss
the
appeal.
-
- (3)
The
Administrator
shall
cause
a
person
who
lodged
an
appeal
with him
to
be
notified
in
writing
of
his
decision
on
the
appeal.
-
- Conversion
of
land
tenure
rights
-
- 18F.
(1)
For
the
purposes
of
the
conversion
into
ownership
of
land
tenure
rights
granted
in
respect
of
pieces
of
land
in
an
area
which
has been
declared
under
section
18A(1)
to
be
a
rural
settlement,
the
-
registrar
-
of
deeds
concerned
shall,
upon
production
to
him
of-
-
- (a)
the
title
deed
of
the
land
on
which
that
area
is
situate;
-
- (b)
a
diagram
and
general
plan
in
respect
of
that
area
which
have
been
approved
under
the
applicable
provision
of
any
law;
and
-
- (c)
a
register
of
land
rights
or,
if
the
register
for
that
area
has been
compiled
or
updated
in
terms
of
section
18D,
the
register
so
compiled
or
updated,
register
such
diagram,
general
plan
and
register
in
the
deeds
registry
in
such
manner
as
he
may
consider
fit, and
make
the
necessary
endorsements
or
entries
in
respect
of such
title
deed,
his
registers
and
other
documents
in
order
to
give
effect
to
the
provisions
of
this
Chapter.
-
- (2)
Any
land
tenure
right
mentioned
in
Schedule
2
and
granted
in
respect
of
any
piece
of
land
in
an
area-
-
- (a)
which
has
been
declared
under
section
18A(1)
to
be
a
rural
settlement;
and
-
- (b)
in
respect
of
which
the
relevant
title
deed,
diagram,
general
plan and
register
have
been
produced
to
the
registrar
of
deeds
in
terms of
subsection
(1),
shall,
upon
the
lodgement
by
the
owner
of
such
piece of
land
at
the
relevant
deeds
registry
of
a
certificate
of
ownership,
on
the
form
prescribed
for
that
purpose
under
the
Deeds
Act and
made
out
in
the
name
of
the
person
who
is
the
holder
of
the
relevant
land
tenure
right,
be
converted
into
ownership
by
that
registrar
of
deeds
by
the
registration
of
the
piece
of
land
in
the name
of
the
said
person:
Provided
that
the
registrar
of
deeds
shall
not so
register
any
piece
of
land
unless
a
certificate
of
rights
to
minerals
has
been
taken
out
for
the
reservation
of
the
rights
to
minerals
in
respect
of
such
piece
of
land
or
the
land
on
which
such
area is
situate,
as
the
case
may
be.
-
- (3)
As
from
the
registration
of
the
piece
of
land
in
the
name
of
the said
person,
the
ownership
of
the
piece
of
land
shall
vest
exclusively
in that
person.
-
- (4)
No
provision
of
section
15
or
17
of
the
Deeds
Act
shall
apply
in
respect
of
the
transfer
of
ownership
effected
by
such
conversion.
-
(5)
Notwithstanding
the
provisions
of
the
Deeds
Act,
the
registrar
of deeds
shall
register
the
transfer
of
ownership
of
any
piece
of
land
under the
circumstances
referred
to
in
subsection
(2)
by
signing
the -
certificate
-
of
ownership
lodged
at
the
deeds
registry
in
terms
of
that
subsection.
-
- (6)
When
the
registrar
of
deeds
has
registered
the
transfer
of
ownership
of
any
piece
of
land
in
terms
of
subsection
(5),
he
shall-
-
- (a)
make
an
entry
of
the
transfer
of
ownership
in
the
applicable
registers;
-
- (b)
file
the
signed
certificate
of
ownership
in
the
deeds
registry
in such
manner
as
he
may
consider
fit;
and
-
- (c)
make
a
copy
of
the
signed
certificate
of
ownership
available
to
the
person
who
has
lodged
it
under
subsection
(2),
for
delivery
to
the
person
to
whom
the
piece
of
land
has
been
transferred.
-
- (7)
No
transfer
duty,
stamp
duty
or
other
fees
shall
be
payable
in
respect
of
any
registration,
endorsement,
entry
or
transfer
in
terms
of this
section.
-
- Title
conditions,
servitudes
and
other
rights
-
- 18G.
Ownership
which
vests
in
any
piece
of
land
by
virtue
of
a
conversion
in
terms
of
section
18F
shall
be
subject
to
any
condition,
servitude
or
other
right
registered
against
the
title
of
the
land
on
-
which
-
the
area
in
question
is
situate.
-
- Effect
of
Chapter
-
- 18H.
Property
transactions
in
any
area
which
has
been
declared
under
section
18A(1)
to
be
a
rural
settlement
shall-
-
- (a)
in
the
case
of
the
transfer
of
any
piece
of
land
in
that
area
in
-
- respect
of
which
any
land
tenure
right
mentioned
in
Schedule
2
has been
granted,
be
disposed
of
in
accordance
with
section
18F;
-
- (b)
in
the
case
of
any
other
transfer,
be
disposed
of
in
accordance
with the
Deeds
Act.
-
- Conditions
of
land
use
-
- 181.
(1)
If
any
area
has
been
declared
under
section
18A(1)
to
be
a rural
settlement,
the
Administrator
may
by
notice
in
the
Official
Gazette
impose
conditions
in
respect
of
that
area
for
the
regulation
of
the
use
-
of
-
the
pieces
of
land
in
the
area.
-
- (2)
Conditions
imposed
under
subsection
(1)-
-
- (a)
shall
not
be
registered
against
the
title
of
the
land
on
which
the area
in
question
is
situate
or
against
the
title
of
any
other
piece of
land
in
that
area;
-
- (b)
may
at
any
time
be
amended
or
withdrawn
by
the
Administrator
by like
notice.
-
- (3)
The
Administrator
shall
exercise
the
powers
conferred
upon
him
by this
section
after
consultation
with
the
community
residing
in
the
area
-
in
-
question
in
such
manner
as
he
may
consider
the
most
suitable.
-
- (4)
Any
condition
referred
to
in
this
section
shall
lapse
as
from
the date
on
which
a
town
planning
scheme
or
a
zoning
scheme
becomes
-
applicable
-
in
respect
of
the
area
in
question.".
-
- Amendment
of
section
23
of
Act
112
of
1991
-
- 33.
Section
23
of
the
Upgrading
of
Land
Tenure
Rights
Act,
1991,
is hereby
amended
by
the
substitution
for
paragraph
(a)
of
the
following
paragraph:
-
- "(a)
hinders
or
obstructs
any
person
designated
under
section
18(1)
-
or
(2),
18D(1)
or
(2)
or
20(3)
in
the
performance
of
his functions
under
this
Act;".
-
- Insertion
of
section
24A
in
Act
112
of
1991
-
- 34.
The
following
section
is
hereby
inserted
after
section
24
of
the
-
Upgrading
of
Land
Tenure
Rights
Act,
1991:
-
- "Assignment
of
functions
by
Minister
-
- 24A.
The
Minister
may-
-
- (a)
delegate
to
the
Administrator
any
power
conferred
upon
the
Minister
by this
Act;
or
-
- (b)
authorize
the
Administrator
to
perform
any
duty
assigned
to
the
-
Minister
by
this
Act.".
-
- Substitution
of
word
"Minister"
in
Act
112
of
1991
-
- 35.
The
Upgrading
of
Land
Tenure
Rights
Act,
1991,
is
hereby
amended
by the
substitution
for
the
word
"Minister",
wherever
it
appears
in
sections
-
15
(2),
16,
17
and
18,
of
the
word
"Administrator".
Repeal
of
laws
-
36.
(1)
The
laws
mentioned
in
the
Schedule
are
hereby
repealed
to
the extent
indicated
in
the
third
column
thereof.
-
- (2)
Notwithstanding
the
repeal
of
the
South-West
Africa
Constitution
Act, 1968
(Act
No.
39
of
1968),
any
law
which
was
made
under
section
38(1) of
that
Act
and
is
in
force
in
the
Republic
or
in
respect
of
the
administration
of
Walvis
Bay
at
the
commencement
of
this
Act
shall
continue in
force
until
amended
or
repealed
by
an
Act
of
Parliament.
-
- Short
title
and
commencement
-
37.
(1)
This
Act
shall
be
called
the
General
Law
Second
Amendment
Act, -
1993,
and
shall
come
into
operation
on
a
date
fixed
by
the
State
President by
proclamation
in
the
Gazette.
-
- (2)
Different
dates
may
be
fixed
under
subsection
(1)
in
respect
of different
provisions
of
this
Act.
-
SCHEDULE
-
LAWS
REPEALED
(SECTION
36(1))
- No.
and
|
- year
|
- Short
title
|
- Extent
of
|
|
of
law |
|
|
- repeal
|
- Act
No.
49
of
1919 Treaty
of
Peace
and
South
-
West
Africa
Mandate
Act,
1919 The
whole.
|
Act |
No. |
19 |
of |
1939 |
Police
(South-West
Africa) |
Act, |
|
|
|
|
|
|
|
1939 |
|
- The
|
whole. |
|
Act |
No. |
28 |
of |
1944 |
- South-West
Africa
Affairs
-
Amendment
Act,
1944
|
|
- The
|
- whole.
|
- Act
No.
44
of
1945 Black
Reserves
-
(South-West
Africa)
Act,
1945 The
whole.
|
Act |
No. |
23 |
of |
1949 |
South-West
Africa
Affairs |
- So
much
as
is
|
|
|
|
|
|
|
Amendment
Act,
1949 |
- unrepealed.
|
|
Act |
No. |
56 |
of |
1954 |
- South-West
Africa
Native
-
Affairs
Administration
Act,
|
- The
whole.
|
|
|
|
|
|
|
1954 |
|
|
Act |
No. |
7
of
1958 |
Police
Act,
1958 |
- So
much
of
|
|
|
- section
36(1)
-
as
relates
to
|
- the
Police
|
(South-West
|
|
- Africa)
-
1939.
|
Act, |
|
Act |
No. |
46
of
1962 |
Black
Laws
Amendment
Act,
1962 |
- Section
|
14. |
|
Act |
No. |
93
of
1963 |
- General
Law
Further
-
Amendment
Act,
1963
|
- Section
|
- 23.
|
|
Act |
No. |
102
of
1967 |
General
Law
Amendment
Act,
1967 |
- Section
|
22. |
|
Act |
No. |
39 |
of |
1968 |
- South-West
Africa
-
Constitution
Act,
1968
|
- The
|
- whole.
|
|
Act |
No. |
54 |
of |
1968 |
Development
of
Self-government |
|
|
|
|
|
|
|
|
- for
Native
Nations
in
-
South-West
Africa
Act,
1968
|
- The
|
whole. |
|
Act |
No. |
25 |
of |
1969 |
South-West
Africa
Affairs |
|
|
|
|
|
|
|
|
Act,
1969 |
- The
|
whole. |
|
Act |
No. |
84 |
of |
1969 |
Rehoboth
Investment
and |
|
|
|
|
|
|
|
|
Development
Corporation
Act, |
- The
|
whole. |
|
|
|
|
|
|
1969 |
|
|
|
Act |
No. |
13 |
of |
1970 |
- South-West
Africa
Constitution
-
Amendment
Act,
1970
|
- The
|
- whole.
|
|
Act |
No. |
17 |
of |
1970 |
General
Law
Amendment |
Act, |
1970 |
- Section
7.
|
|
Act |
No. |
27 |
of |
1970 |
- Second
Black
Laws
-
Amendment
Act,
1970
|
|
|
- Section
11.
|
|
Act |
No. |
80 |
of |
1971 |
General
Law
Amendment |
Act, |
1971 |
- Sections
26
|
|
|
|
|
|
|
|
|
|
- and
27.
|
- Act
No.
23
of
1972 Black
Laws
Amendment
Act,
1972 Sections
4,
8
and
9.
|
Act |
No. |
47 |
of |
1972 |
- Mines,
Works
and
Minerals
-
in
South-West
Africa
Amend-
|
- The
|
- whole.
|
|
|
|
|
|
|
ment
Act,
1972 |
|
|
|
Act |
No. |
63 |
of |
1972 |
Coloured
Persons
in |
- The
|
whole. |
|
|
|
|
|
|
South-West
Africa |
|
|
|
|
|
|
|
|
Education
Act,
1972 |
|
|
|
Act |
No. |
69 |
of |
1972 |
Control
of
the
Meat
Trade |
|
|
|
|
|
|
|
|
in
South-West
Africa
Amend- |
- The
|
whole. |
|
|
|
|
|
|
ment
Act,
1972 |
|
|
|
Act |
No. |
79 |
of |
1972 |
Namaland
Consolidation
and |
|
|
|
|
|
|
|
|
Administration
Act,
1972 |
- The
|
whole. |
|
Act |
No. |
85 |
of |
1972 |
Basters
of
Rehoboth
Education |
|
|
|
|
|
|
|
|
Act,
1972 |
- The
|
whole. |
- Act
No.
86
of
1972 Nama
in
South-West
Africa
-
- Act
|
- No.
|
- 102
of
1972
|
- Education
Act,
1972
-
- General
Law
Amendment
|
- The
whole.
-
- Sections
29,
|
|
|
|
|
Act,
1972 |
- 30
and
36.
|
|
Act |
No. |
7
of
1973 |
Black
Laws
Amendment
Act,
1973 |
- Section
6.
|
|
Act |
No. |
20
of
1973 |
Development
of
Self-government |
|
|
|
|
|
for
Native
Nations
in |
- The
whole.
|
|
|
|
|
South-West
Africa
Amendment |
|
|
|
|
|
Act,
1973 |
|
|
Act |
No. |
48
of
1973 |
Trade
Marks
in
South
West |
|
|
|
|
|
Africa
Act,
1973 |
- The
whole.
|
|
Act |
No. |
62
of
1973 |
General
Law
Amendment
Act,
1973 |
- Sections
34,
-
35,
48
and
49.
|
|
Act |
No. |
70
of
1974 |
Black
Laws
Amendment
Act,
1974 |
- Section
17.
|
|
Act |
No. |
71
of
1974 |
- Second
Black
Laws
-
Amendment
Act,
1974
|
- Sections
3,
4,
-
5
and
6.
|
|
Act |
No. |
3
of
1975 |
- South
West
Africa
Diamond
-
Industry
Protection
Amend-
|
- The
whole.
|
|
|
|
|
ment
Act,
1975 |
|
|
Act |
No. |
9
of
1975 |
Black
Laws
Amendment |
- Sections
5
|
|
|
|
|
Act,
1975 |
- 5
and
6.
|
- Act
No.
57
of
1975 General
Law
Amendment
Act,
1975 Section
1.
-
|
Act |
No. |
66
of
1975 |
Exchequer
Act
1975 |
- So
much
of the
Schedule
as relates
to
-
the
Development
|
|
|
|
|
|
- of
Self-govern-
|
|
|
|
|
|
- ment
for
Native
|
|
|
|
|
|
- Nations
in
|
|
|
|
|
|
- South-West
|
|
|
|
|
|
- Africa
Act,
1968.
|
|
Act |
No. |
4
of
1976 |
Black
Laws
Amendment
Act,
1976 |
- Sections
16
to
|
|
|
|
|
|
- 21.
|
|
Act |
No. |
30 |
of |
1976 |
- Coloured
Persons
in
South-West
-
Africa
Education
Amendment
-
Act,
1976
|
- The
|
whole. |
|
Act |
No. |
31 |
of |
1976 |
Basters
of
Rehoboth
Education |
|
|
|
|
|
|
|
|
Amendment
Act,
1976 |
- The
|
whole. |
|
Act |
No. |
32 |
of |
1976 |
- Nama
in
South-West
Africa
-
Education
Amendment
Act,
|
- The
|
- whole.
|
|
|
|
|
|
|
1976 |
|
|
|
Act |
No. |
56 |
of |
1976 |
Rehoboth
Self-Government |
|
|
|
|
|
|
|
|
Act,
1976 |
- The
|
whole. |
|
Act
No.
33
of
1977 |
Population
Registration
and Identity
Documents
in South-West
Africa
Amendment
Act,
1977 |
- So
much
as
is
unrepealed.
|
|
Act
No.
95
of
1977 |
- South
West
Africa
Constitution
-
Amendment
Act,
1977
|
- The
whole.
|
|
Proclamation
No. |
Amendment
of
(1)
the |
- So
much
as
is
|
|
R.249
of
1977 |
- South-West
Africa
Affairs
-
Amendment
Act,
1949,
(2)
the
-
Republic
of
South
Africa
|
- unrepealed.
|
|
|
Constitution
Act,
1961,
and |
|
|
|
(3)
the
South-West
Africa |
|
|
|
Constitution
Act,
1968 |
|
|
Proclamation
No. R.264
of
1977 |
- Amendment
of
the
South-West
-
Africa
Constitution
Act,
|
- The
whole.
|
|
|
1968
(Act
39
of
1968) |
|
|
Act |
No. |
9
of
1989 |
Legal
Succession
to
the South
African
Transport
Services Act,
1989 |
- So
much
of
Sched- ule
2
as
relates to
the
South-West
|
|
|
|
|
|
- Africa
Constitu-
|
|
|
|
|
|
- tion
Act,
1968.
|
|
Act |
No. |
21
of
1991 |
Identification
Amendment |
- Sections
2
and
|
|
|
|
|
Act,
1991 |
- 4.
|
|
Act |
No. |
50
of
1991 |
Minerals
Act,
1991 |
- So
much
of
the
-
Schedule
as
|
|
|
|
|
|
- relates
to
the
|
|
|
|
|
|
- Mining
Rights
|
|
|
|
|
|
- (South-West
|
|
|
|
|
|
- Africa)
Act,
-
1932.
|
|
Act |
No. |
114
of
1991 |
Population
Registration |
- So
much
of
|
|
|
|
|
Act
Repeal
Act,
1991 |
- Schedule
1
as
|
|
|
|
|
|
- Relates
to
the
-
Population
-
Registration
and
|
|
|
|
|
|
- Identity
Docu-
|
|
|
|
|
|
- ments
in
South
|
|
|
|
|
|
- West
Africa
-
Amendment
-
Act,
1977.
|
|
