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Safety Matters Rationalisation Act, 1996 [No. 90 of 1996] - G 17580

NO. 90 OF 1996: SAFETY MATTERS RATIONALISATION ACT, 1996.
: PRESIDENT'S OFFICE No. 1868.; 15 November 1996

NO. 90 OF 1996: SAFETY MATTERS RATIONALISATION ACT, 1996.
: It is hereby notified that the President has assented to the following Act which is hereby published for general information:-
: GENERAL EXPLANATORY NOTE:
: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
ACT

: To provide for the rationalisation of certain laws relating to explosives, internal security, intimidation and the regulation of gatherings; to that end to amend certain laws relating to those matters; to repeal certain laws relating to those matters which apply in the former national territories of
the: ^{former entities of
Transkei, Bophuthatswana, Venda and Ciskei; to extend the}; operation of certain laws of the Republic relating to those matters to the whole of the national territory of the Republic, including the former national territories of the said entities; and to provide for matters connected therewith.
(Afrikaans text signed by the President.) (Assented to 12 November 1996): ^{BE IT ENACTED BY the
Parliament of the Republic of South Africa, as}; follows:- Amendment of laws; ^{1. The laws of the
Republic specified in Schedule I are hereby amended to}; the extent indicated in the third column thereof. Repeal of laws; ^{2. The laws specified in
Schedule 2 are hereby repealed to the extent}; indicated in the third column thereof. Extension of laws of Republic; 3. The operation of the laws mentioned in Schedule 3 is hereby extended to all areas in the Republic, including the areas which previously constituted
the: national territories of Transkei, Bophuthatswana, Venda and Ciskei, and such laws, and all regulations and notices made or issued in terms of such laws, shall replace all laws, regulations and notices relating to explosives, internal security, intimidation and the regulation of gatherings applying in such areas.
: Pending proceedings; 4. (1) No provision of this Act shall affect proceedings pending in a court of law at the commencement of this Act, and such proceedings may be continued and concluded in all respects as if this Act had not been passed.
: (2) Proceedings shall for the purposes of this section be deemed to be pending at commencement of this Act-
(a) in the case of civil proceedings, if a summons has been issued, but judgment has not been given;
(b) in the case of criminal proceedings, if the accused has pleaded but judgment and sentence have not been given and imposed.
: Saving
: ^{5. No provision of
this Act shall-}



law: (a) affect the previous operation of any law repealed by section 2, or made applicable by section 3, or anything duly done or suffered under any
: so made applicable or repealed;
: (b) affect any right, privilege, obligation or liability acquired, accrued or incur-red under any law so made applicable or repealed;
: (c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed in contravention of any law so made applicable or repealed;
: (d) affect any question as to whether any law was at the commencement of this Act in operation in any particular area, notwithstanding the inclusion of such law in or the omission thereof from Schedule 2 or 3;
: (e) affect any appointment to any office made under any law repealed by this Act, if a corresponding law mentioned in Schedule 3 also provides for such an appointment, and anything done in connection with or by virtue of any such appointment shall be deemed to have been done under such corresponding law.

: Short title
: 6. This Act shall be called the Safety Matters Rationalisation Act, 1996.
SCHEDULE 1
^{LAWS AMENDED BY SECTION 1}


No. and year of|Short title |Extent of amendment law | |

| | Act 74 of 1982 |Internal Security Act, 1982 (Re- |1. The deletion of all |public of South Africa) | definitions in section 1, ^{| | except that of} | | "gathering"; | | | |2. The repeal of sections 2, | | 4, 10, 12, 13, 14 ^{| | and 50;} | | | |3. The amendment of section | | 54- | |








"Government












occupied







of






have



56,

69

| |(a) by the deletion of
| | paragraph (b) of subsec-
| | tion (6);
^| |
| |(b) by the deletion of the
| | definition of

| | of the Republic"; and
^| |
| |(c) by the substitution in
| | subsection (8) for the
| | definition of "public
| | building" of the fol-
^{| | lowing definition:}
| |
| | "'public building' means
| | any building which or
| | part of which is

| | by the State, any
| | institution or body
| | contemplated in
| | section 84(1)(f) of the
^{| | Provincial Government}
| | Act, 1961 (Act No. 32

| | 1961), or any other
| | body instituted by or
^{| | under any law and to}
| | which local or other
| | government functions

| | been assigned. ";
^| |
| |4. The repeal of sections

| | 62, 63, 65, 66, 67, 68,

| | and 73 and the Schedule.
^| |

Act 205 of 1993|Regulation of Gatherings Act, |Amendment of section 1- |1993 (Republic of South Africa) | | | ^{| |(a) by the deletion of the} | | definition of "Com- | | missioner"; | | | |(b) by substitution for the ^{| | definition of "local} | | authority" of the | | following definition: | | ^{| | " 'local authority'}

means


| | any local authority as
| | defined in section 1 of
| | the Promotion of Local
| | Government Affairs Act,
| | 1983 (Act No. 91 of
^{| | 1983), within whose area}
| | of jurisdiction a
| | gathering takes place or
| | is to take place, but
| | does not include a



council board
of










Africa, where

authority











































African

| | regional services

| | or a joint services

| | in respect of the area

| | jurisdiction of another
| | local authority local
^{| | authority body}
| | established in terms of
| | any law which applies in
| | an area which forms part
| | of the national terri-
^{| | tory referred to in}
| | section 1 of the
| | Constitution of the
| | Republic of South

| | 1993 (Act No. 200 of
| | 1993), and in areas

| | only a regional

| | body, established in
| | terms of a law, has
| | jurisdiction, that
| | regional authority
| | body;";
^| |
| |(c) by the substitution for
| | the definition of
| | magistrate of the
| | following definition:
^{| | "Magistrate" means a}
| | magistrate appointed in
| | terms of the
| | Magistrates' Courts
| | Magistrates Act, 1993
^{| | (Act No. 90 of 1993);}
| | ";
| |
| |(d) by the substitution for
| | the definition of
^{| | "Minister" of the}
| | following definition:
| |
| | " 'Minister' means the
| | Minister of Law and
^{| | Order for Safety and}
| | Security;";
| |
| |(e) by the insertion after
| | the definition of
| | "Minister" of the
^{| | following definition:}
| |
| | " 'National
| | Commissioner' means the
| | National Commissioner
^{| | referred to in section}
| | 6(1) of the South

| | Police Service Act, 1995
| | (Act No. 68 of 1995),














following



















a






















5

| | and includes a
| | Provincial Commissioner
| | referred to in section
^{| | 6(2) of the said Act;";}
| |
| |(f) by the deletion of the
| | definition of "peace
| | committee"; and
^| |
| |(g) by the substitution for
| | the definition of
| | "Police" of the

| | definition:
| |
| | " 'Police' means the
| | South African Police
| | mentioned in section 2
^{| | of the Police Act, 1958}
| | (Act No. 7 of 1958)
| | Service established
| | by section 5(1) of the
| | South African Police
^{| | Service Act, 1995, and}
| | includes any body of
| | persons established or
| | enrolled under any law
| | and exercising or
^{| | performing the powers,}
| | duties and functions of

| | police force
| | service, but does not
^{| | include any body of}
| | traffic officers.".
| |
| |2. The amendment of section
| |4, in subparagraph (iv) of
^{| |paragraph (b) of subsection}
| |(2)-
| |
| |(a) by the insertion of the
| | word "and" after
^{| | "authorities"; and}
| |
| |(b) by the deletion of the
| | words "and peace
| | committees".
^| |
| |3. The amendment of section

| | by the deletion in
| | subsection (1) of the
| | words "peace commit- tee
^| | or".
| |
| |4. The repeal of section 15.
| |
| |5. The substitution for
^{| | section 16 of the follow-}
| | ing section:
| |
| | "This Act shall be called
| | the Regulation of
| | Gatherings Act, 1993, and ^| ^| ^{shall come into} ^operation ^| ^| ^{on a date fixed} ^{by the} ^| ^| ^{State President} ⁱⁿ ^| ^| ^{consultation with the} ^| ^| ^{Transitional Executive} ^| ^| ^{Council established by}




No.

^{| | section 2 of the}
^{| | Transitional Executive}
| | Council Act, 1993 (Act

| | 151 of 1993) by
| | proclamation in the
^{| | Gazette.".}


^|^|
SCHEDULE 2
^{LAWS OF FORMER ENTITIES REPEALED BY SECTION 2}


No. and year of|Short title |Extension of repeal law | |

| | Act 17 of 1956 |Riotous Assemblies Act, 1956 |The whole |(Transkei) | ^| |
Act 26 of 1956 |Explosives Act, 1956 (Transkei) |The whole | |
Act 30 of 1977 |Public Security Act, 1977 |The whole |(Transkei) | ^| |
Act 20 of 1987 |Intelligence Service and State |The whole |Security Council Act, 1987 | |(Transkei) | | |
^{Act 44 of 1950 |Internal Security Act, 1950 |Section 17bis} |(Venda) | | |
Act 17 of 1956 |Riotous Assemblies Act, 1956 |The whole |(Venda) | ^| |
Act 26 of 1956 |Explosives Act, 1956 (Venda) |The whole | |
Act 13 of 1985 |Maintenance of Law and Order |The whole |Act, 1985 (Venda) | ^| |
Proclamation 38|Maintenance of Law and Order |The whole of 1990 |Amendment Proclamation, 1990 | |(Venda) |
| | Proclamation 46|Intimidation Proclamation, 1990 |The whole of 1990 |(Venda) | | |
Act 17 of 1956 |Riotous Assemblies Act, 1956 |Sections 16 to 18, |(Ciskei) |inclusive | |
^{Act 26 of 1956 |Explosives Act, 1956 (Ciskei) |The whole} | |
Decree 19 of |National Security Decree, 1993 |The whole, except sections
1993 |(Ciskei) |34, up to and including

^{Act 26} of 1956 |Explosives Act, 1956 |The whole |(Bophuthatswana) | | |
Act 32 of 1979 |Internal Security Act, 1979 |The whole |(Bophuthatswana) | ^| |
Act 21 of 1980 |Internal Security Amendment |The whole |Act, 1980 (Bophuthatswana) | | |
Act 27 of 1981 |National Security Council Act, |The whole ^{|1981 (Bophuthatswana) |} | |
Act 22 of 1984 |Internal Security Amendment |The whole |Act, 1984 (Bophuthatswana) | | |
^{Act 39 of 1985 |Internal Security Amendment |The whole} |Act, 1985 (Bophuthatswana) | | |
Act 40 of 1985 |Security Clearance Act, 1985 |The whole |(Bophuthatswana) | ^| |
Act 5 of 1986 |Internal Security Amendment |The whole |Act, 1986 ((Bophuthatswana) | | |
Act 13 of 1986 |Security Laws Amendment Act, |The whole ^{|1986 (Bophuthatswana) |} | |
Act 2 of 1988 |Internal Security Amendment |The whole |Act, 1988 (Bophuthatswana) | | |
^{Act 43 of 1989 |Police Special Account Act, |The whole} |1989 (Bophuthatswana) | | |
Act 5 of 1991 |Internal Security Amendment |The whole |Act, 1991 (Bophuthatswana) | ^| |
Act 23 of 1991 |Intimidation Act, 1991 |The whole |(Bophuthatswana) | | |
Act 56 of 1992 |Internal Security Amendment |The whole ^{|Act, 1992 (Bophuthatswana) |} | |
Act 57 of 1992 |Internal Security Second Amend- |The whole |ment Act, 1992 | |(Bophuthatswana) | ^| |
Act 59 of 1992 |Prevention and Control of Mass |The whole |Action Act, 1992 | ^{|(Bophuthatswana) |}

^|^|
SCHEDULE 3
: ACTS OF THE REPUBLIC OF SOUTH AFRICA THE OPERATION OF WHICH IS EXTENDED TO THE WHOLE OF THE NATIONAL TERRITORY BY SECTION 3


No. and year of| |
law |Short title |Extent of application
| | $ Act 17 of 1956 |Riotous Assemblies Act, 1956 |The whole ^| |
Act 26 of 1956 |Explosives Act, 1956 |The whole | |
Act 72 of 1982 |Intimidation Act, 1982 |The whole | |
^{Act 74 of 1982 |Internal Security Act, 1982 |The whole (as amended in} ^{| |terms of section 1 of}

this


| |Act)
^| |

Act 71 of 1982 |Demonstrations in or near Court |The whole |Buildings Prohibition Act, 1982 | | |
Act 205 of 1993|Regulation of Gatherings Act, |The whole ^|1993 |

| |