|
NO.
204
OF
1993:
GENERAL
LAW
SIXTH
AMENDMENT
ACT,
1993.
-
STATE
PRESIDENT'S
OFFICE
-
No.
131.
26
January
1994 -
NO.
204
OF
1993:
GENERAL
LAW
SIXTH
AMENDMENT
CAT,
1993.
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
informatio-n:
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
ACT
-
- To
amend
the
Magistrates'
Courts
Act,
1944,
so
as
to
further
regulate
property exempt
from
execution;
to
amend
the
Aviation
Act,
1962,
so
atso
make
-
provision
for
a
prohibition
of
the
conveyance
of
certain
drugs
and
animal products
in
aircraft;
to
amend
the
Maintenance
Act,
1963,
so
as
to
further regulate
witness
expenses
payable
to
certain
persons;
to
amend
the
Gambling Act,
1965,
so
as
to
define
the
expression
"opportunity
to
play
a
further game";
to
amend
the
Mental
Health
Act,
1973,
so
as
to
redefine
"Minister";
to further
regulate
the
discharge
of
State
patients
and
the
termination
of
their detention;
and
to
amend
or
repeal
certain
uotdated
provisions;
to
amend
the
-
Criminal
Procedure
Act,
1977,
so
as
to
further
regulate
the
taking
of
evidence by
a
judge,
regional
magistrate
or
magistrate;
to
amend
the
Attorneys
Act,
-
1979,
so
as
to
raise
certain
fines;
to
amend
the
Legal
Successiotno
the
South African
Transport
Services
Act,
1989,
so
as
to
rectify
an
incorrect
reference; to
amend
the
Judges'
Remuneration
and
Conditions
of
Employment
Act,
1989,
so
-
as
to
further
regulate
the
gratuity
payable
to
judges
after
discharge
from active
service;
to
amend
the
Air
Services
Licensing
Act,
1990,
so
as
to
-
further
regulate
the
making
of
regulations;
to
amend
the
Abolition
of
Racially
-
Based
Land
Measures
Act,
1991,
so
as
to
provide
that
a
proclamation
may
be made
with
retrospective
effect;
toprovide
for
the
appointment
and
powers
of committees;
and
to
make
other
provision
in
respect
of
the
removal
of
certain racially
based
restrictions
in
the
laws
of
sel-fgoverning
territories;
to amend
the
Magistrates
Act,
1993,
so
as
to
further
regulatehte
pension
-
benefits
of
magistrates;
to
amend
the
Security
Forces
Board
of
Inquiry
Act,
-
1993,
so
as
to
provide
for
the
appointment
of
acting
members
on
the
Security
-
Forces
Board
of
Inquiry;
to
amend
the
Technikons
Act,
1993,
so
as
to
rectify an
incorrect
reference;
to
provide
for
the
grant
of
vacation
leave
and
the resignation
of
civil
servants
for
the
purposes
of
an
election
in
terms
of
the Electoral
Act,
1993;
and
to
provide
for
matters
connected
therewith.
-
(Afrikaans
text
signed
yb
the
State
President.)
(Assented
to
14
January
1994.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa
as
follows:-
-
- Amendment
of
section
67
of
Act
32
of
1944,
as
amended
by
sectino25
of
Act
93 of
1962
and
section
5
of
Act
19
of
1985
-
1.
Section
67
of
the
Magistrates'
Courts
Act,
1944
is
hereby
amend-ed -
- (a)
by
the
substitution
for
paragraphs
(b)
and
(c)
of
the
following
paragraphs,
respectively:
-
"(b)
the
necessary
furniture
(other
than
beds)
and
household
utensils in
-
so
far
as
they
do
not
exceed
in
value
the
sum
of
R1
000
amount
determined
by
the
Minister
from
time
to
time
by
notice
in
the Gazette;
-
- (c)
stock,
tools
and
agricultural
implements
of
a
farmer
in
so
far
as they
do
not
exceed
in
value
the
sum
of
R1
000
amount
determined
-
by
the
Minister
from
time
to
time
by
notice
in
the
Gazette;";
-
- (b)
by
the
substitution
for
paragraphs
(e)
and
(f)
of
the
following
paragraphs,
respectively:
-
- "(e)
tools
and
implements
of
trade,
in
so
far
as
they
do
not
exceed
in value
the
sum
of
R1
000
amount
determined
by
the
Minister
from time
to
time
by
notice
in
the
Gazette;
-
- (f)
professional
books,
documents
or
instruments
necessarily
used
by
such
debtor
in
his
profession,
in so
far
as
they
do
not
exceed
in
value
the
sum
of
R1
-
000
amount
determined
by
the
Minister
from
time
to time
by
notice
in
the
Gazette;";
and
-
(c)
by
the
substitution
for
the
proviso
of
the
following
proviso:
"Provided
that
the
court
shall
have
a
discretion
in
-
exceptional
circumstances
and
on
such
conditions
as
it
may
-
determine
to
increase
the
sums
referred
to
in
amounts
determined
by
the
Minister
in
respect
of
paragraphs
(b), (c),
(e)
and
-
- Substitution
of
section
15A
ofAct
74
of
1962,
as
inserted
by
section
6
of
-
Act
63
of
1981
-
- 2.
The
following
section
is
hereby
substituted
for
section
15A
of
the
-
Aviation
Act,1962:
-
- "Prohibition
of
conveyance
of
armaments,
drugs
or
animal
products in
aircraft
-
- 15A.
(1)
Except
with
the
written
permission
of
the
Minister or
a
person
in
the
service
of
the
State
authorized
thereto
by
the Minister
and
subject
to
such
conditions
as
the
Minister
or
such
-
a
person
may
determine,
no
person
shall
convey
any
armaments,
drugs
or
animal
product
in
an
aircraft.
-
(2)An
aircraft
which
is
upon
reasonable
grounds
believed
to be
engaged
in
conveying
any
armaments,
drugs
or
animal
product
contrary
to
the
provisions
of
subsection
(1),
shall
be
subject
to the
provisions
of
the
regulations
with
regard
to
the
identification
and
interception
of
aircraft:
Provided
that
any
identification
and
interception
fo
an
aircraft
shall
take
place with
due
regard
to
the
provisions
of
the
Convention
on
Offences and
certain
other
Acts
committed
on
board
Aircraft,
1963,
entered into
on
14
September
1963
at
Tokyo.
-
(3)A
person
who
is
an
authorized
person
for
the
purposes
of
-
the
Civil
Aviation
Offences
Act,
1972
(Act
No.
10
of
1972),
may, without
derogating
from
any
power
which
he
may
have
under
the Criminal
Procedure
Act,
1977
(Act
No.
51
of
1797),
at
any
-
aerodrome
or
place
in
the
Republic,
without
a
warran-t
-
- (a)
search
any
aircraft
which
he
reasonably
believes
to
be
used
or to
have
been
used
to
convey
any
armaments,
drugs
or
animal
product
contrary
to
the
provisions
of
subsection
(1)
of
-
this
section.
and
any
cargo
or
goods
on
board
such
an aircraft-,
-
- (b)
seize-
-
- (i)
any
armaments,
drugs
or
animal
product
found
during
a
search
carried
out
under
paragraph
(a)
of
this
subsection;
-
- (ii)
any
aircraft
on
which
such
armaments
are,
drugs
or animal
product
is
found;
and
-
- (iii)
any
other
thing
which
in
his
opinion
was
used
or
is
inteendd
to
be
used
for
the
commission,
or
in
connection
with
the
commission,
of
an
offence
under
this
section;
and
-
- (c)
arrest
any
person
who
is
found
on
board
an
aircraft
contemplated
in
paragraph
(a)
of
this
subsection
and
whom
he
reasonably
suspects
of
having
committed
an
offence
under
this
section
or
of attempting
to
commit
such
an
offence,
and
the
provisions
of section
2H(2)
of
the
Civil
Avitaion
Offences
Act,
1972,
shall mutatis
mutandis
apply
for
the
purpose
of
his
effecting
the arrest.
-
- (4)
Any
person
who
contravenes
the
provisions
of
subsection
(1)
shall
be guilty
of
an
offence
and
liable
on
convictoin
to
imprisonment
without
the option
of
a
fine
for
a
period
not
exceeding
ten
years.
-
- (5)
(a)
Any
armaments,
drugs,
animal
product,
aircraft
or
other
thing seized
-
under
subsection
(3)(b)
shall
be
forfeited
to
the
State
unless
the
court
at the
-
trial
of
any
person
accused
of
the
contravention
concerned
of
subsection
(1), finds-
-
- (i)
in
the
case
of
such
armaments,
drugs
or
animal
product,
that
they were
not
conveyed
contrary
to
the
provisions
of
the
la-st
-
named
subsection
and
were
not
intended
to
be
used
for
any unlawful
purpose;
or
-
- (ii)
in
the
case
of
such
an
aircraft
or
other
thing,
that
it
was
not used
or
intended
to
be
used
for
the
commission,
or
in
-
connection
with
the
comission,
of
any
offence.
- the
-
- (b)
Anything
forfeited
in
terms
of
paragraph
(a)
shall
be
disposed
of
as
- Minister
may
either
generally
or
in
a
particular
case
order.
-
- (c)
The
provisions
of
paragraph
(a),
in
so
far
as
they
relate
to
an aircraft,
shall
not
affect
the
rights
which
any
person
other
than
a
person accused
of
the
contravention
concerned
of
subsection
(1)
may
have
to
such
an aircraft,
if
he,
within
thirty
days
of
the
seizure
thereof,
satisfies
the Minister,
by
means
of
proof
inwriting
submitted
through
the
Directo-rGeneral:
Transport,
that
he
did
not
know
that
the
aircraft
was
used
or
intended
to
be used
for
the
commission,
or
in
connection
with
the
commission,
of
any
offence, or
that
he
could
not
prevent
such
use.
-
- (6)(a)
For
the
purposes
of
this
sectio-n
-
- (i)
'animal
product'
means
a
rhinoceros
horn,
an
elephant
tusk
or
a
part thereof
which
is
possessed
contrary
to
the
provisions
of
-
any
other
law;
-
- (ii)
'drugs'
means
a
drug
as
dfeined
in
section
1
of
the
Drugs
and
Drug
-
Trafficking
Act,
1992
(Act
No.
140
of
1992),
that
has
not
- been
acquired,
bought
or
possessed
lawfully
as
contemplated in
section
4
of
the
said
Act.
-
- (b)
For
the
purposes
of
this
section
the
expression
'armaments'
bears
the meaning
assigned
thereto
in
section
1
of
the
Armaments
Development
and Production
Act,
1968
(Act
No.
57
of
1968),
but
with
the
exception
of
any
such armaments
while
being
conveyed
in
an
aircraf-t
-
- (a)
(i)
on
behalf
of
the
State;
-
- (b)
by
or
on
behalf
o-f
-
- (i)
(aa)
the
Armaments
Corporation
of
South
Africa,
Limited,
established
by
section
2
of
the
Armaments
Development
and
Production
Act,
1968, or
any
undertaking
or
-
company
established
or
promoted
by
the said
corporation,
or
any
member,
director,
employee
or
agent
of
that
corporation
or
any
such
undertaking
or
company;
-
(ii)
(bb)
any
person
in
his
capacity
as
an
officer
or
employee
of
the
State;
-
(iii)
(cc)
any
person
for
the
purposes
of
the
Defence
-
Act,
1957
(Act
No.
44
of
1957);
or
(iv)
(dd)
any
person
who
is
entitled
by
virtue
of
the
-
Arms
and
Ammunition
Act,
1969
(Act
No.
-
75
of
1969),
to
possess
the
armaments
-
concerned
or
to
have
the
armaments
concerned
in
his
custody.".
-
- Amendment
of
section
4
of
Act
23
of
1963
-
- 3.
Section
4
of
the
Maintenance
Act,
1963,
is
hereby
amended
by
the addition
of
the
following
subsection:
-
"(3)
The
provisions
of
section
181
of
the
Criminal
Procedure
Act,
-
1977
(Act
No.
51
of
1977),
are,
subject
to
the
provisions
of
section
-
8(2),
not
applicable
to
a
person
legally
liable
to
maintain
any
other person
and
in
respect
of
whom
an
inquiry
referred
to
in
subsection
(1) is
instituted.".
-
- Amendment
of
section
8of
Act
23
of
1963
-
- 4.
Section
8
of
the
Maintenance
Act,
1963,
is
hereby
amended
by
the substitution
for
subsection
(2)
of
the
following
subsection:
-
"(2)
The
officer
presiding
at
such
an
enquiry
may
direct
that
any person
against
whom
a
maintenance
order
is
made
legally
liable
to maintain
any
other
person
and
in
respect
of
whom
an
enquiry
referred
to in
section
4(1)
is
instituted,
shall
be
paid
the
necessary
expenses
to travel
to
and
from
the
court
and
of
sojoum
atthe
court
in
question
and shall
be
paid
such
allowance
as
may
be
paid
to
a
witness
for
the
-
accused
in
criminal
proceedings.".
-
- Amendment
of
section
1
of
Act
51
of
1965,
as
amended
by
section
1
of
Act
144 of
1992
-
- 5.
Section
1
of
theGambling
Act,
1965,
is
hereby
amended
by
the insertion
of
the
following
definition
after
the
definition
of
"Minister":
-
"
'opportunity
to
play
a
further
game' means
an
opportunity
which
can
not
be
distributed
or
trnasferred
to
the person
who
has
won
such
opportunity
or
to
any
other
person,
for
any purpose
other
than
to
use
such
opportunity
without
any
interruption
to continue
playing
the
type
of
game
in
respect
of
which
the
opportunity
-
was
won,
and
includes
an
opportunity
which
cannot
in
any
manner, whether
directly
or
indirectly,
be
converted
into
money,
property,
cheques,
credit
or
anything
of
value.".
-
- Amendment
of
section
1
of
Act
18
of
1973,
as
amended
by
section
1
of
Act
10 of
1978,
section
1
of
Act
38
of
1981,
section
1
of
Act
3
of
1984,
section
2 of
Act
34
of
1986,
section
1
of
Act
55
of
1987,
section
6
of
Act
51
of
1991, section
1
of
Act
19
of
1992
and
section
8
of
Act
116
of
1993
-
- 6.Section
1
of
the
Mental
Healht
Act,
1973,
is
hereby
amende-d
-
(a)
by
the
substitution
in
subsection
(1)
for
the
definition
of
-
"Minister"
of
-
the
following
definition:
-
'Minister'
means
the
Minister
for
National
Health
and
-
Welfare;";
and
-
(b)by
the
substitution
in
subsection
(1)
for
the
definition
of
"State
-
patient"
-
of
the
following
definition:
-
'State
patient'
means
a
person
detained
by
order
of any,
court
of
lawor
other
competent
authority
at
any place
pending
the
signification
of
the
decision
of
the Minister
of
justice
a
judge
in
chambers:".
-
- Amendment
of
section
29
of
Act
18
of
1973,
as
amended
by
section
1
of
Act
48
of
-
1976,
section
3
of
Act
10
of
1978,
section
9
of
Act
51
of
1991
and
section
-
33
of
Act
129
of
1993
-
- 7.
Section
29
of
the
Mental
Health
Act,
1973,
is
hereby
amended
by
the substitution
for
paragraph
(a)
of
subsection
(1)
of
the
following
paragraph:
-
- "
(a)
Where
any
person
is
with
reference
to
a
charge
of
murder
or culpable
homicide
or
a
charge
involving
serious
violence,
detained
as
-
a
State
patient
under
the
provisions
of
section
27,
28
or
29
of
the
-
Mental
Disorders
Act,
1916(Act
No.
38
of
1916),
or
of
section
77
or
78 of
the
Criminal
Procedure
Act,
1977
(Act
No.
51
of
1977),
as
the
case may
be,
a
judge
in
chambers
may
at
any
time
after
the
order
of detention,
on
written
application
being
made
to
him
by
theffoicial
curator
ad
litem
that
such
person
be
discharged
either
absolutely
or conditionally
or
that
he
cease
to
be
treated
as
a
State
patient,
ord-er
(i)that
that
State
patient
be
discharged
either
absolutely
or
-
conditionaly
or
that
he
cease
to
be
treated
as
such;
or
-
(ii)that
that
State
patient
be
further
detained
as
a
patient
under Chapter
3,
or
make
such
other
order
under
section
19
as
he may
think
fit.".
-
- Amendment
of
section
30
ofAct
18
of
1973,
as
amended
by
section
2
of
Act
38 of
1981
and
section
10
of
Act
116
of
1993
-
- 8.
Section
30
of
the
Mental
Health
Act,
1973,
is
hereby
amended
by
the substitution
for
subsection
(1)
of
the
following
subsection:
-
"(1)
Whenever
it
appears
to
the
Minister
of
Correctional
Services
-
that
a
convicted
prisoner
in
a
prison
is
mentally
ill
to
such
a
degree that
he
should
be
detained
in
an
institution
and
the
prisoner
is
not under
the
sentence
of
death,
he
may
orderthe
magistrate
of
the
-
district
in
which
the
prison
is
situated
to
cause
the
mental
condition of
the
prisoner
to
be
enquired
into.".
-
- Amendment
of
section
74
of
Act
18
of
1973,
as
amended
by
section
3
of
Act
55 of
1987
-
- 9.
Section
74
of
the
Mental
Health
Act,
1973,
is
hereby
amended
by
the substitution
for
subsection
(1)
of
the
following
subsection:
-
"
(1)
Any
order,
warrant
or
document
which
may
be
issued
by
the
-
Minister
or
the
Minister
of
justice
Correctional
Servic,esas
the
-
case
may
be,
under
this
Act
shall
be
valid
and
of
force
if
signed
by
an officer
in
the
public
service
designated
thereto
by
the
Minister
concerned
by
notice
in
the
Gazette,
and
shall,
if
so
signed,
be
proof
-
in
any
court
of
law
and
in
any
public
office
and
for
any
other
relevant purpose
that
it
was
issued
under
the
provisions
of
this
Act.
".
-
- Amendment
of
section
74B
of
Act
18
of
1973,
as
inserted
by
section
7
of
Act
10 of
1978
and
amended
by
section
6
of
Act
38
of1981
and
section
4
of
Act
55
of
-
1987
-
- 10.Section
74B
of
the
Mental
Health
Act,
1973,
is
hereby
amend-ed
-
(a)
by
the
deletion
of
paragraph
(b)
of
subsection
(1);
and
-
(b)by
the
deletion
of
paragraph
(b)
of
subsection
(2).
-
- Substitution
of
section
205
of
Act
51
of
1977
-
- 11.The
following
section
is
hereby
substituted
for
section
205
of
the
-
Criminal
Procedure
Act,
1977:
-
- "Judge,
regional
court
magistrate
or
magistrate
may
take evidence
as
to
alleged
fofence
-
- 205.(1)
A
judge
of
the
supreme
court,
a
regional
court
magistrate
or
a
magistrate
may,
subject
to
the
provisions
of
subsection
4,
upon
the
request
of
an
attorney-general
or
a
public
prosecutor
authorized
thereto
in
writing
by
the
attorne-ygeneral,
require
the
-
attendance
before
him
or
any
other
judge,
regional
court
-
magistrate
or
magistrate,for
examination
by
the
attorney-general
or
the
public
prosecutor
authorized
thereto
in
writing
by
the
attorne-ygeneral,
of
any person
who
is
likely
to
give
material
or
relevant
-
information
as
to
any
alleged
offence,
whether
or
not
it
-
is
known
by
whom
the
offence
was
committed:
Provided
that
if
such
person
furnishes
that
information
to
the
satisfaction
of
the
attorney-general
or
public
prosecutor
concerned
prior
to
the
date
on
which
he
is required
to
appear
before
a
judge,
regional
court
magistrate
or
magistrate,
he
shallebunder
no
further
obligation
to
appear
before
a
judge,
regional
court
magistrate
or
magistrate.
-
- (2)The
provisions
of
sections
162
to
165
inclusive,
179
to
- 181
inclusive,
187
to
-
- 819
inclusive,
191
and
204
shall
mutatis
- mutandis
apply
with
reference
to
the
proceedings
under
subsection
-
(1).
-
(3)The
examination
of
any
person
under
subsection
(1)
may
be conducted
in
private
at
any
place
edsignated
by
the
judge,
-
regional
court
magistrate
or
magistrate.
-
(4)A
person
required
in
terms
of
subsection
(1)
to
appear before
a
judge,
a
regional
court
magistrate
or
a
magistrate
for
examination,
and
whorefuses
or
fails
to
give
the
information
contemplated
in
subsection
(1),
shall
not
be
sentenced
to
imprisonment
as
contemplated
in
section
189
unless
the
judge,
regional
court
magistrate
or
magistrate
concerned,
as
the
ceas
may
be,
is
also
of
the
opinion
that
the
furnishing
of
such
-
information
is
necessary
for
the
administration
of
justice
or
the
maintenance
of
law
and
order.".
-
- Amendment
of
section
236
of
Act
51
of
1977,
as
substituted
bysection
45
of
-
Act
129
of
1993
-
- 12.Section
236
of
the
Criminal
Procedure
Act,
1977,
is
hereby
amended-
- (a)by
the
substitution
for
paragraph
(b)
of
subsection
(1)
of
the following
paragraph:
-
"(b)
that
such
are
or
have
been
accounting
-
records
or
document
is
or
has
been
the
ordinary
records
or
document
of
such
bank;";
and
-
(b)by
the
substitution
for
paragraph
(d)
of
subsection
(1)
of
the
-
following
paragraph:
-
"(d)
that
such
are
accounting
records
or
document
is
in
-
the
custody
or
under
the
control
of
such
bank,".
-
- Amendment
of
section
72
of
Act
53
of
1979,
as
amended
by
section
5
of
Act
80
of
-
1985,
section
25
of
Act
87
of
1989
and
section
17
of
Act
115
of
1993
-
- 13.Section
72
of
the
Attorneys
Act,
1979,
is
hereby
amende-d
-
(a)by
the
substitution
in
subsection
(1)
for
subparagraph
(i)
of
paragraph
-
(a)of
the
following
subparagraph:
-
"(i)
impose
upon
him
a
fine
not
exceeding
R5
000
R10
-
000;
or";
-
- (b)by
the
substitution
in
subsection
(1)
for
subparagraph
(ii)
of paragraph
-
(b)of
the
following
subparagraph:
-
(ii)
impose
upon
him
afine
not
exceeding
R1
000
R2
-
000:
or"
and
-
- (c)by
the
substitution
in
subsection
(1)
for
subparagraph
(ii)
of paragraph
(c)
of
the
following
subparagraph:
-
"(ii)
impose
upon
him
a
fine
not
exceeding
R1
000
R2
-
000:
or;".
-
- Amendment
of
section
4
of
Act
9
of
1989
-
- 14.Section
4
of
the
Legal
Succession
to
the
South
African
Transport
Services
Act,
1989,
is
hereby
amended
by
the
substitution
for
subsection
(4) of
the
following
subsection:
-
- "(4)
The
total
loan
debt
of
the
Company
to
the
State,
the permanent
capital
referred
to
in
sections
27A
to
27F
of
the
Exchequer and
Audit
27G
of
the
Exchequer
Act,
1975,
and
all
permanent
capital
established
in
terms
of
any
other
law
paplicable
to
the
South
African
Transport
Services,
shall
be
capitalised
by
the
issue
to
the
State
of additional
fully
paid-up
shares
in
the
Company
and
any
obligations
in respect
of
interest
associated
with
such
loans
and
permanent
capilta
shall
lapse.".
-
- Amendment
of
section
6
of
Act
88
of
1989,
as
amended
by
section
28
of
Act
139 of
1992
-
- 15.(1)
Section
6
of
the
Judges'
Remuneration
and
Conditions
of
Employment Act,
1989,
is
hereby
amended
by
the
substitution
for
subseciton
(6)
of
the following
subsection:
-
"(6)
For
the
purposes
of
this
section
the
period
of
active
service shall
be
calculated
by
the
year
and
the
month,
and
fractions
of
a month
shall
be
disregarded
taken
into
account.". -
- (2)
Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
1
-
April
1989.
-
- Amendment
of
section
29
of
Act
115
of
1990
-
- 16.Section
29
of
the
Air
Services
Licensing
Act,
1990,
is
hereby
amended by
the
deletion
in
subsection
(1)
of
the
owrd
"and"
at
the
end
of
paragraph
-
(a)
and
the
insertion
of
the
following
paragraph:
-
(aA)the
information
to
be
furnished
by
an
applicant
for
the purposes
of
section
16(4)(a),
and
the
standards
and
requirements
to
be
complied
with
by
an
applicant
for the
purposes
of
that
section
in
relation
to
the
class of
licence,
type
of
air
service
and
category
of aircraft
mentioned
in
his
application;
and".
-
- Repeal
of
section
10
of
Act
5
of
1991
-
- 17.
Section
10
of
the
Criminal
Procedure
Amendment
Act,
1991,
is
hereby repealed.
-
- Amendment
of
section
27B
of
Act
108
of
1991,
as
inserted
by
section
19
of
Act
-
89
of
1993
-
- 18.Section
27B
of
theAbolition
of
Racially
Based
Land
Measures
Act,
-
1991,
is
hereby
amended
by
the
insertion
after
subsection
(1)
of
the
following
subsection:
-
"(1A)
A
proclamation
contemplated
in
subsection
(1)
may
be
made with
retrospective
effect.".
-
- Insertion
of
section
93A
in
Act
108
of
1991
-
- 19.The
following
section
is
hereby
inserted
in
the
Abolition
of
Racially
-
Based
Land
Measures
Act,
1991,
after
section
93:
"Appointment
and
powers
of
committee
-
93A.
(1)
The
Minister
may
appoint
a
committee,
which
shall consist
of
the
chairman
or
vic-echairman
of
the
Commission
and such
number
of
members
of
the
Commission
as
the
Minister
may determine.
-
- (2)The
chairman
or
vcie-chairman
of
the
Commission
shall
be the
chairman
of
a
committee.
-
(3)If
the
chairman
or
vic-echairman
of
the
Commission
is
-
absent
or
unable
to
perform
any
of
the
functions
as
chairman
of a
committee,
the
Minister
may
appoint
another
member
of
the Commission
to
act
as
chairman
of
the
committee
concerned
during his
absence
or
inability.
-
(4)Two
members
of
a
committee
shall
form
a
quorum.
- (5)
The
committee
-
- amy,
between
meetings
of
the
Commission,
- exercise
all
the
powers
of
the
Commission
and
perform
all
the functions
of
the
Commission,
but
shall
not
be
able
to
take
a decision
regarding
an
investigation
the
committee
has
instuitted,
and
any
decision
which
may
be
taken
with
regard
to
a
specific
investigation
shall
be
taken
at
a
meeting
of
the
Commission.
-
(6)
A
committee
shall
meet
at
the
time
and
place
which
the
-
chairman
of
the
Comission
may
determine.".
Substitution
of
section
105
of
Act
108
of
1991
20.(1)
The
following
section
is
hereby
substituted
for
section
105
of
the
-
Abolition
of
Racially
Based
Land
Measures
Act,
1991:
"Construction
of
laws
of
sel-fgoverning
territories
-
105.No
provision
in
any
law
in
force
in
a
sel-fgoverning
territory
or
any
portion
thereof
immediately
before
the
commencement
of
this
Act
shall
be
so
construed
as
imposing
any
prohibition
or
placing
any
restriction
in
respect
of
the
alienation,
grant
or
transfer
of
land
or
any
right
to
land
to,
or the
possession,
occupation
or
use
of
land
or
any
right
to
land
-
by,
any
person
of
a
particular
population
ortehnic
group
or
who
- is
not
of
a
particular
population
or
ethnic
group.".
(2)Subsection
(1)
shall
be
deemed
to
have
come
into
operation
on
30
-
June
1991.
-
- Amendment
of
section
18
of
Act
90
of
1993
-
- 21.Section
18
of
the
Magistrates
Act,
1993,
is
hereby
amended
by
the addition
of
the
following
subsection:
-
"
(5)
Notwithstanding
the
provisions
of
the
Government
-
Service
Pension
-
Act,
1973
(Act
No.
57
of
1973-)
-
(a)any
person
contemplated
in
susbection
(1),
shall
remain
a
member
of
-
the
Government
Service
Pension
Fund
referred
to
in
section
3
of the
Government
Service
Pension
Act,
1973;
-
(b)any
person
appointed
as
a
magistrate
after
the
commencement
of
-
section
10
who
is
a
member
of
the
fund
referred
to
in
paragraph
-
(a),
shall
remain
a
member;
and
-
(c)any
person
appointed
as
a
magistrate
after
the
commencement
of section
10
who
is
not
a
member
of
the
fund
referred
to
in paragraph
(a),
shall
become
a
member
of
the
fund
and
contribute
thereto,
-
until
other
provision
is
made
by
regulation
under
section
16(1)(b).".
-
- Amendment
of
section
3
of
Act
95
of
1993
-
- 22.Section
3
of
the
Security
Forces
Board
of
Inuqiry
Act,
1993,
is
hereby amended
by
the
insertion
after
subsection
(7)
of
the
following
subsection:
-
- "
(7A)
Notwithstanding
the
provisions
of
subsection
(7),
the
State
-
President
may
appoint
any
eligible
person
to
ac-t
-
(a)
in
any
member's
stead;
or
-
(b)in
a
temporary
capacity
in
any
vacancy
on
the
Board, for
such
period
as
the
State
President
may
determine.".
-
- Amendment
of
section
16
of
Act
125
of
1993
-
- 23.
Section
16
of
the
Technikons
Act,
1993,
si
hereby
amended
by
the substitution
for
subsection
(3)
of
the
following
subsection:
-
"(3)
Except
in
the
case
of
members
contemplated
in
subsection
-
(1)
(2)
(a),
(b)
and
(d),
no
person
in
receipt
of
a
salary
or
wages from
the
technikon
shall
be
eligible
for
appointment
or
election
as
a member
of
the
council.".
-
- Granting
of
vacation
leave
and
resignation
of
civil
servant
for
purposes
of election
in
terms
of
Electoral
Act,
1993
-
- 24.(1)
Notwithstanding
anything
to
the
conrtary
in
any
law
contained,
any person
contemplated
in
section
22(10)
of
the
Electoral
Act,
1993,
may participate
in
an
election
in
terms
of
that
Act
and
shall
be
granted
vacation leave
for
the
period
contemplated
in
that
section,
if
he
is
nominated
by
a registered
party
on
a
list
of
candidates.
-
(2)If
such
person
has
no
or
insufficient
vacation
leave
to
his
credit, he
shall
be
granted
unpaid
vacation
leave
for
the
period
in
question.
-
(3)If
such
person
is
elected
as
a
representative
in
the
Ntaional
Assembly
-
or
any
provincial
legislature
in
an
election
in
terms
of
the
Electoral
Act,
-
1993,
he
shall
be
deemed
to
have
resigned
from
his
post
with
effect
from
the
-
day
on
which
the
lists
of
names
of
representatives
in
all
legislatures
are published
in
the
Gazette
in
terms
of
section
51(2)
of
that
Act.
-
(4)This
section
shall
cease
to
have
effect
on
the
day
following
the
day
-
on
which
the
lists
of
names
of
representatives
in
all
legislatures
are published
in
the
Gazette
in
terms
of
section
51()2
of
the
Electoral
Act,
1993.
-
Short
title
and
commencement
-
- 25.(1)
This
Act
shall
be
called
the
General
Law
Sixth
Amendment
Act,
-
1993,
and
shall
come
into
operation
on
a
date
fixed
by
the
State
President
by proclamation
in
the
Gazette.
-
(2)Section
5
shall
only
come
into
operation
in
consultation
with
the
-
Lotteries
and
Gambling
Board
referred
to
in
section
2
of
the
Lotteries
and
-
Gambling
Board
Act,
1993.
|
