JUSTICE LAWS RATIONALISATION ACT

PRESIDENT'S OFFICE

No. 632. 19 April 1996

NO. 18 OF 1996: JUSTICE LAWS 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 italics indicate omissions from existing enactments.

Words in italics indicate insertions in existing enactments.

ACT

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

(English text signed by the President.) (Assented to 10 April 1996)

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

Definitions

1. In this Act, unless the context otherwise indicates-

"affected territory" means a territory referred to in section 2(1)(a) and (b);

"inherited law" means a law of the Republic of South Africa which continued in operation in any affected territory by virtue of constitutional provisions enacted when such affected territory attained independence or self-government and which consequently became the law of such affected territory; and

"Minister" means the Minister of Justice.

Extension of laws

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

(a) the Republic of-

(i) Transkei;

(ii) Bophuthatswana;

(iii) Venda; or

(iv) Ciskei; or

(b) the Self-governing territory of-

(i) Gazankulu;

(ii) KaNgwane;

(iii) KwaNdebele;

(iv) KwaZulu;

(v) Lebowa; or

(vi) Qwaqwa.

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

Repeal of laws

3. The laws specified in Schedule 11 are hereby repealed to the extent indicated in the third column thereof.

Amendment of laws

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

Adaptation of references to the Supreme Court

5. Any reference to a provincial or local division of the Supreme Court of South Africa in any of the laws specified in Schedule I shall, in relation to an affected territory in which the Supreme Court Act, 1959 (Act No. 59 of 1959), does not apply, be deemed to be a reference to the Supreme Court or the General Division of the Supreme Court having jurisdiction in that territory.

Appeals to a full court

6. (1) Notwithstanding anything contained in section 2, sections 315 and 316 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall have no force or effect in the affected territory of Venda until the laws of that territory relating to appeals have been repealed or appropriately amended.

(2) Section 20 of the Supreme Court Act, 1959, and the Rules regulating the conduct of the proceedings of the various Provincial and Local Divisions of the Supreme Court of South Africa (otherwise known as the Uniform Rules of Court), as amended from time to time, dealing with appeals to and from a full court shall, mutatis mutandis, apply to the General Division of the Supreme Courts of the former Transkei, Bophuthatswana and Ciskei.

Existing districts and regional divisions

7. Any district or regional division created, named or defined and any court established in any affected territory under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or any other corresponding law, shall continue to exist and shall be deemed to have been created, named, defined or established by the Minister under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).

Appeals from Traditional Courts

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

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

Preservation of certain Offices of Attorney-General

9. Notwithstanding anything contained in section 3-

(a) sections 3 and 4 of the Criminal Procedure Act, 1983 (Act No. 13 of 1983), of the former Republic of Transkei; and

(b) sections 3 and 4 of the Criminal Procedure Act, 1977, as applicable in the former Republics of Bophuthatswana, Venda and Ciskei, shall continue to apply in those territories until the application of the Attorney-General Act, 1992 (Act No. 92 of 1992), is extended to such territories.

Position of maintenance orders registered or confirmed under Act 6 of 1989

10. (1) Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act No. 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 5(4)(a)(i) or 5(4)(b)(i) of the Maintenance Act, 1963 (Act No. 23 of 1963), as the case may be, by the maintenance court where such order has been so registered or confirmed.

(2) Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1963.

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

Rules

11. (1) Subject to section 6(2), nothing in this Act shall affect the continuing application, mutatis mutandis , of any rules of court made under any law until repealed or appropriately amended in terms of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985).

(2) Subject to section 6(2), the Rules Board for Courts of Law Act, 1985, shall have no application to the Supreme Courts of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei, and no rule made under that Act shall apply to such Supreme Courts until the Supreme Court structures contemplated in Chapter 7 of the Constitution have been established as required by section 242(1) of the Constitution.

Extension and repeal of regulations and notices

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

Retention of jurisdiction in certain criminal matters

13. (1) If, in any criminal matter, it is alleged that an offence was committed partly within and partly outside the area of jurisdiction of a court before 27 April 1994 and the question arises-

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

(b) whether such court has jurisdiction to dispose of a case where a prosecution in respect of such offence had been instituted prior to the commencement of this Act, the prosecuting authority or the court concerned shall, if it would prior to the commencement of this Act have had such authority, be deemed to have the authority to institute such a prosecution or to dispose of such a case, as the case may be: Provided that no such prosecution shall be instituted after the commencement of this Act without authority given in writing by the Attorney-General concerned after consultation with the prosecuting authority having jurisdiction in the other area where the offence was committed.

(2) The laws extended by section 2 relating to procedure and evidence shall apply in any criminal proceedings instituted and conducted in terms of subsection (1): Provided that where a prosecution referred to in subsection (1) has been instituted prior to the commencement of this Act, the case shall be disposed of in terms of the laws applicable to the court concerned immediately before the commencement of this Act.

Saving of pending proceedings

14. (1) Nothing in this Act shall affect proceedings pending at the commencement of this Act and such proceedings shall be continued and concluded in every respect as if this Act bad not been passed.

(2) Proceedings shall, for the purposes of this section, be deemed to be pending if, at the commencement of this Act-

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

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

Savings

15. Nothing in this Act shall-

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

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

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

(d) affect any question as to whether any law was at the commencement of this Act in operation in any specific territory notwithstanding its inclusion in or omission from Schedule I or 11; and

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

Repeal of section 20 of Act 98 of 1965

16. Section 20 of the General Law Amendment Act, 1965, is hereby repealed.

Repeal of section 4 of Act 55 of 1970

17. Section 4 of the Justices of the Peace and Commissioners of Oaths Amendment Act, 1970, is hereby repealed.

Short title and commencement

18. (1) This Act shall be called the Justice Laws Rationalisation Act, 1996 , and shall come into operation on a date fixed by the President by proclamation in the Gazette.

(2) Different dates may be fixed in terms of subsection (1) in respect of-

(a) different provisions of this Act;

(b) different laws or provisions of laws specified in Schedule I or 11; and

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

Schedule I

Laws Of The Republic Of South Africa Under The Previous Constitutional Dispensation Made Applicable In The Remainder Of The National Territory By Section 2
No. and year of law - Short title - Extent of application:

Act No. 24 of 1936 Insolvency Act, 1936 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 13 of 1954 Black High Court Abolition Act, The whole 1954

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 3 of 1956 Vexatious Proceedings Act, 1956 The whole

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 57 of 1959 Stock Theft Act, 1959 The whole

Act No. 58 of 1959 Inquests Act, 1959 The whole

Act No. 61 of 1961 Indemnity Act, 1961 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 67 of 1962 Extradition Act, 1962 The whole

Act No. 80 of 1962 Foreign Courts Evidence Act, The whole 1962

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- The whole missioners of Oaths Act, 1963

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 80 of 1963 Reciprocal Enforcement of The whole Maintenance Orders Act, 1963

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 16 of 1965 Prevention of Counterfeiting of The whole Currency Act, 1965

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 78 of 1967 Pre-Union Statute Law Revision The whole Act, 1967

Act No. 3 of 1968 Prize Jurisdiction Act, 1968 The whole

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of The whole Leases of Land Act, 1969

Act No. 34 of 1969 Abolition of Juries Act, 1969 Section 35

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 42 of 1970 Pre-Union Statute Law Revision The whole Act, 1970

Act No. 94 of 1970 Limitation of Legal Proceedings The whole (Provincial and Local Authori-ties) Act, 1970

Act No. 19 of 1973 South African Law Commission The whole Act, 1973

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest The whole Act, 1975

Act No. 35 of 1976 Petition Proceedings Replace- The whole ment Act, 1976

Act No. 36 of 1976 Pre-Union Statute Law Revision The whole Act, 1976

Act No. 2 of 1977 Abolition of Civil Imprisonment The whole Act, 1977

Act No. 13 of 1977 Indemnity Act, 1977 The whole

Act No. 40 of 1977 Recognition and Enforcement of The whole Foreign Arbitral Awards Act, 1977

Act No. 43 of 1977 Pre-Union Statute Law Revision The whole Act, 1977

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 23 of 1979 Dissolution of Marriages on The whole Presumption of Death Act, 1979

Act No. 24 of 1979 Pre-Union Statute Law Revision The whole Act, 1979

Act No. 70 of 1979 Divorce Act, 1979 The whole

Act No. 84 of 1982 Protection of Information Act, The whole 1982

Act No. 57 of 1983 Computer Evidence Act, 1983 The whole

Act No. 105 of 1983 Admiralty Jurisdiction Regula- The whole tion Act, 1983

Act No. 61 of 1984 Small Claims Courts Act, 1984 The whole

Act No. 88 of 1984 Matrimonial Property Act, 1984 The whole

Act No. 107 of 1985 Rules Board for Courts of Law The whole Act, 1985

Act No. 34 of 1986 Special Courts for Blacks The whole Abolition Act, 1986

Act No. 97 of 1986 Transfer of Powers and Duties The whole of the State President Act, 1986

Act No. 24 of 1987 Mediation in Certain Divorce The whole Matters Act, 1987

Act No. 81 of 1987 Intestate Succession Act, 1987 The whole

Act No. 82 of 1987 Children's Status Act, 1987 The whole

Act No. 103 of 1987 Law of Evidence and the Crimi- The whole nal Procedure Act Amendment Act, 1987

Act No. 1 of 1988 Criminal Law Amendment Act, The whole 1988

Act No. 32 of 1988 Enforcement of Foreign Civil The whole Judgments Act, 1988

Act No. 45 of 1988 Law of Evidence Amendment The whole Act, 1988

Act No. 57 of 1988 Trust Property Control Act, 1988 The whole

Act No. 6 of 1989 Reciprocal Enforcement of The whole Maintenance Orders (Countries in Africa) Act, 1989

Act No. 89 of 1989 Insolvency Amendment Act, The whole 1989

Act No. 12 of 1990 Reciprocal Service of Civil The whole Process Act, 1990

Act No. 27 of 1990 Maintenance of Surviving The whole Spouses Act, 1990

Act No. 107 of 1990 Criminal Law Amendment Act, The whole 1990

Act No. 101 of 1991 Adjustment of Fines Act, 1991 The whole

Act No. 103 of 1991 Short Process Courts and Media- The whole tion in Certain Civil Cases Act, 1991

Act No. 105 of 1991 Game Theft Act, 1991 The whole

Act No. 107 of 1991 Decriminalization Act, 1991 The whole

Act No. 117 of 1991 Investigation of Serious Econ- The whole omic Offences Act, 1991

Act No. 139 of 1991 Prevention of Public Violence The whole and Intimidation Act, 1991

Act No. 3 of 1992 Domicile Act, 1992 The whole

Act No. 94 of 1992 Corruption Act, 1992 The whole

Act No. 126 of 1992 Criminal Law Second Amend- The whole ment Act, 1992

Act No. 127 of 1992 Interception and Monitoring The whole Prohibition Act, 1992

Act No. 139 of 1992 General Law Amendment Act, Sections 1 and 19 1992

Act No. 140 of 1992 Drugs and Drug Trafficking Act, The whole 1992

Act No. 57 of 1993 Security by Means of Movable The whole Property Act, 1993

Act No. 62 of 1993 Documentary Evidence from The whole Countries in Africa Act, 1993

Act No. 120 of 1993 Magistrates' Courts Amendment The whole on date of Act, 1993 commencement

Act No. 129 of 1993 General Law Third Amendment Sections 61 to 64 Act, 1993 inclusive, on date of commencement

Act No. 133 of 1993 Prevention of Family Violence The whole Act, 1993

Act No. 192 of 1993 Guardianship Act, 1993 The whole


Schedule II

Laws Repealed By Section 3

Laws Of The Former Republic Of Transkei
No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 24 of 1936 Insolvency Act, 1936 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 3 of 1956 Vexatious Proceedings Act, 1956 The whole

Act No. 16 of 1956 Official Secrets Act, 1956 The whole

Act No. 17 of 1956 Riotous Assemblies Act, 1956 The whole

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, The whole 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, The whole 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 58 of 1959 Inquests Act, 1959 The whole

Act No. 61 of 1961 Indemnity Act, 1961 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 67 of 1962 Extradition Act, 1962 The whole

Act No. 80 of 1962 Foreign Courts Evidence Act, The whole 1962

Act No. 93 of 1962 General Law Further Amend- The whole ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- The whole missioners of Oaths Act, 1963

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 16 of 1965 Prevention of Counterfeiting The whole Currency Act, 1965

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 78 of 1967 Pre-Union Statute Law Revision The whole Act, 1967

Act No. 3 of 1968 Prize Jurisdiction Act, 1968 The whole

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 34 of 1969 Abolition of Juries Act, 1969 Section 35

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 42 of 1970 Pre-Union Statute Law Revision The whole Act, 1970

Act No. 55 of 1970 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1970

Act No. 94 of 1970 Limitation of Legal Proceedings The whole (Provincial and Local Authori-ties) Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 Substances and Rehabilitation inclusive and the Centres Act, 1971 Schedule

Act No. 5 of 1972 Admiralty Jurisdiction Regula- The whole tion Act, 1972

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 3 of 1976 Transkeian Abuse of Depen- The whole dence-producing Substances and Rehabilitation Centres Amend-ment Act, 1976

Act No. 35 of 1976 Petition Proceedings Replace- The whole ment Act, 1976

Act No. 36 of 1976 Pre-Union Statute Law Revision The whole Act, 1976

Act No. 25 of 1977 Stock Theft Act, 1977 The whole

Act No. 4 of 1978 Abolition of Civil Imprisonment The whole Act, 1978

Act No. 5 of 1978 Prohibition of Prostitution and The whole Related Activities Act, 1978

Act No. 21 of 1978 Marriage Act, 1978 Sections 42 to 50 inclusive

Act No. 39 of 1978 General Law Amendment Act, Sections 1, 2, 3, 4 and 1978 12

Act No. 18 of 1979 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1979

Act No. 4 of 1980 Interpretation Act, 1980 The whole

Act No. 14 of 1980 General Law Amendment Act, Sections 2 and 4 1980

Act No. 9 of 1983 Transkeian Penal Code, 1983 Part 9

Act No. 13 of 1983 Criminal Procedure Act, 1983 The whole except sections 3 and 4

Act No. 17 of 1984 Indemnity Act, 1984 The whole

Act No. 20 of 1984 Criminal Procedure Amendment The whole Act, 1984

Act No. 22 of 1985 General Law Amendment Act, Sections 4, 5, 18, 19 and 1985 20

Act No. 9 of 1987 Extradition Amendment Act, The whole 1987

Decree No. 3 of 1988 Decree No. 3 (Interpretation The whole Provisions) of 1988

Decree No. 4 of 1988 Decree No. 4 (Ombudsman) of The whole 1988

Decree No. 5 of 1988 Decree No. 5 (Amendment of The whole Criminal Procedure Act) of 1988

Decree No. 6 of 1988 Decree No. 6 (Prescription The whole Amendment) of 1988

Decree No. 10 of 1988 Decree No. 10 (General Law The whole Amendment) of 1988

Decree No. 13 of 1988 Decree No. 13 (General Law Sections 2, 3, 4, 16, 17, Amendment) of 1988 18 and 19

Decree No. 1 of 1989 Decree No. 1 (Amendment of The whole Criminal Procedure Act, 1983) of 1989

Decree No. 10 of 1989 Decree No. 10 (Law of Evidence The whole Amendment) of 1989

Decree No. 16 of 1989 Decree No. 16 (Amendment of The whole Magistrates' Courts Act, 1944 and Further Amendment of Criminal Procedure Act, 1983) of 1989

Decree No. 21 of 1989 Decree No. 21 (Second Further The whole Amendment of Criminal Proce-dure Act, 1983) of 1989

Decree No. 13 of 1990 Decree No. 13 (Enforcement of The whole Foreign Civil Judgments) of 1990

Decree No. 14 of 1990 Decree No. 14 (Amendment of The whole Inquests Act, 1959) of 1990

Decree No. 15 of 1990 Decree No. 15 (Reciprocal Ser- The whole vice of Civil Process) of 1990

Decree No. 16 of 1990 Reciprocal Enforcement of The whole Maintenance Orders Decree, 1990

Decree No. 1 of 1991 Decree No. 1 (Constitutional Section 1 Matters) of 1991

Decree No. 10 of 1991 Decree No. 10 (Amendment of The whole Criminal Procedure Act, 1983) of 1991

Decree No. 1 of 1994 Decree No. 1 (Dispute Resolu- The whole tions, Peace Structures and Sup-port Administrative Forums) of 1994


Laws Of The Former Republic Of Bophuthatswana

No. and year of law - Short title - Extent of application

Act No. 24 of 1936 Insolvency Act, 1936 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 13 of 1954 Black High Court Abolition Act, The whole 1954

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 1955 37

Act No. 3 of 1956 Vexatious Proceedings Act, 1956 The whole

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 58 of 1959 Inquests Act, 1959 The whole

Act No. 61 of 1961 Indemnity Act, 1961 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 67 of 1962 Extradition Act, 1962 The whole

Act No. 80 of 1962 Foreign Courts Evidence Act, The whole 1962

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- The whole missioners of Oaths Act, 1963

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 80 of 1963 Reciprocal Enforcement of The whole Maintenance orders Act, 1963

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 16 of 1965 Prevention of Counterfeiting of The whole Currency Act, 1965

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 78 of 1967 Pre-Union Statute Law Revision The whole Act, 1967

Act No. 3 of 1968 Prize Jurisdiction Act, 1968 The whole

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 34 of 1969 Abolition of Juries Act, 1969 Section 35

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 42 of 1970 Pre-Union Statute Law Revision The whole Act, 1970

Act No. 55 of 1970 Justices of the Peace and Com- Section 4 missioners of Oaths Amendment Act, 1970

Act No. 94 of 1970 Limitation of Legal Proceedings The whole (Provincial and Local Authori-ties) Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 Substances and Rehabilitation inclusive and Centres Act, 1971 the Schedule

Act No. 6 of 1975 Stock Theft Act, 1975 The whole

Act No. 9 of 1975 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1975

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 35 of 1976 Petition Proceedings Replace- The whole ment Act, 1976

Act No. 36 of 1976 Pre-Union Statute Law Revision The whole Act, 1976

Act No. 2 of 1977 Abolition of Civil Imprisonment The whole Act, 1977

Act No. 4 of 1977 Stock Theft Amendment Act, The whole 1977

Act No. 13 of 1977 Indemnity Act, 1977 The whole

Act No. 40 of 1977 Recognition and Enforcement of The whole Foreign Arbitral Awards Act, 1977

Act No. 43 of 1977 Pre-Union Statute Law Revision The whole Act, 1977

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole except sections 3 and 4

Act No. 4 of 1978 Criminal Procedure Amendment The whole Act, 1978

Act No. 3 of 1979 Divorce Act, 1979 The whole

Act No. 15 of 1980 Marriage Act, 1980 Section 25(6)

Act No. 16 of 1980 Stock Theft Amendment Act, The whole 1980

Act No. 20 of 1980 Criminal Procedure Amendment The whole except section Act, 1980 2

Act No. 22 of 1980 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1980

Act No. 33 of 1980 Criminal Procedure Second The whole Amendment Act, 1980

Act No. 9 of 1981 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1981

Act No. 27 of 1982 Prevention of Corruption Con- The whole solidation Act, 1982

Act No. 29 of 1982 Trespass Act, 1982 The whole

Act No. 47 of 1982 Bophuthatswana Law Commis- The whole sion Act, 1982

Act No. 10 of 1983 Trust Moneys Protection Act, The whole 1983

Act No. 11 of 1983 Assessment of Damages Act, 1983 The whole

Act No. 13 of 1983 Prohibition of Disguises Act, 1983 The whole

Act No. 14 of 1984 Criminal Law Amendment Act, The whole 1984

Act No. 31 of 1985 Criminal Procedure Amendment The whole Act, 1985

Act No. 32 of 1985 Magistrates' Courts Consolida- The whole except sections tion Act, 1985 15, 16, 19, 20 and 137

Act No. 8 of 1986 Criminal Procedure Amendment The whole Act, 1986

Act No. 9 of 1986 Ombudsman Act, 1986 The whole

Act No. 16 of 1986 Rules Board for Courts of Law The whole Act, 1986

Act No. 4 of 1987 Rules Board for Courts of Law The whole Amendment Act, 1987

Act No. 5 of 1987 Magistrates' Courts Consolida- The whole tion Amendment Act, 1987

Act No. 9 of 1988 Rules Board for Courts of Law The whole Amendment Act, 1988

Act No. II of 1988 Magistrates' Courts Consolida- The whole tion Amendment Act, 1988

Act No. 12 of 1988 Enforcement of Foreign Civil The whole Judgments Act, 1988

Act No. 13 of 1988 Extradition Amendment Act, The whole 1988

Act No. 29 of 1988 Criminal Procedure Amendment The whole Act, 1988

Act No. 15 of 1989 Reciprocal Enforcement of The whole Maintenance Orders Made in African Countries Act, 1989

Act No. 21 of 1989 Indemnities Act, 1989 The whole

Act No. 32 of 1989 Criminal Procedure Amendment The whole Act, 1989

Act No. 5 of 1990 Criminal Procedure Amendment The whole Act, 1990

Act No. 12 of 1990 Criminal Procedure Second The whole Amendment Act, 1990

Act No. 13 of 1990 Intestate Succession Law Re- The whole statement Act, 1990

Act No. 6 of 1991 Inquests Amendment Act, 1991 The whole

Act No. 11 of 1991 Inquests Second Amendment The whole Act, 1991

Act No. 22 of 1991 Criminal Procedure Amendment The whole except sections Act, 1991 5 and 6

Act No. 39 of 1991 Ombudsman Amendment Act, The whole 1991

Act No. 8 of 1992 Adjustment of Fines Act, 1992 The whole

Act No. 9 of 1992 Magistrates' Courts Consolida- The whole tion Amendment Act, 1992

Act No. 11 of 1992 Small Claims Courts Act, 1992 The whole

Act No. 30 of 1992 Magistrates' Courts Consolida- The whole tion Amendment Act, 1992

Act No. 62 of 1992 Criminal Procedure Second The whole Amendment Act, 1992

Act No. 28 of 1993 Criminal Procedure General The whole Amendment Act, 1993

Act No. 31 of 1993 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1993


Laws Of The Former Republic Of Venda

No. and year of law - Short title - Extent of application

Act No. 38 of 1927 Black Administration Act, 1927 Section 22ter

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 24 of 1936 Insolvency Act, 1936 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 13 of 1954 Black High Court Abolition Act, The whole 1954

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 1955 37

Act No. 3 of 1956 Vexatious Proceedings Act, 1956 The whole

Act No. 17 of 1956 Riotous Assemblies Act, 1956 The whole

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, The whole 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, The whole 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 58 of 1959 Inquests Act, 1959 The whole

Act No. 61 of 1961 Indemnity Act, 1961 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 67 of 1962 Extradition Act, 1962 The whole

Act No. 80 of 1962 Foreign Courts Evidence Act, The whole 1962

Act No. 93 of 1962 General Law Further Amend- The whole ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- The whole missioners of Oaths Act, 1963

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 80 of 1963 Reciprocal Enforcement of The whole Maintenance Orders Act, 1963

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 16 of 1965 Prevention of Counterfeiting The whole Currency Act, 1965

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 78 of 1967 Pre-Union Statute Law Revision The whole Act, 1967

Act No. 3 of 1968 Prize Jurisdiction Act, 1968 The whole

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 34 of 1969 Abolition of Juries Act, 1969 Section 35

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 42 of 1970 Pre-Union Statute Law Revision The whole Act, 1970

Act No. 55 of 1970 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1970

Act No. 94 of 1970 Limitation of Legal Proceedings The whole (Provincial and Local Authori-ties) Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 Substances and Rehabilitation inclusive and the Centres Act, 1971 Schedule

Act No. 5 of 1972 Admiralty Jurisdiction Regula- The whole tion Act, 1972

Act No. 9 of 1973 Venda Establishment of Magis- The whole trate's Court Act, 1973

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 35 of 1976 Petition Proceedings Replace- The whole ment Act, 1976

Act No. 36 of 1976 Pre-Union Statute Law Revision The whole Act, 1976

Act No. 6 of 1977 Venda Magistrates' Courts The whole Amendment Act, 1977

Act No. 13 of 1977 Indemnity Act, 1977 The whole

Act No. 40 of 1977 Recognition and Enforcement of The whole Foreign Arbitral Awards Act, 1977

Act No. 43 of 1977 Pre-Union Statute Law Revision The whole Act, 1977

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole except sections 3 and 4

Act No. 4 of 1978 Venda Establishment of Magis- The whole trates' Courts Amendment Act, 1978

Act No. 16 of 1979 State Attorney of the Republic The whole of South Africa Act, 1979

Act No. 70 of 1979 Divorce Act, 1979 The whole

Act No. 14 of 1980 Preservation of Good Morals The whole Act, 1980

Act No. 6 of 1981 Criminal Procedure Amendment The whole Act, 1981

Act No. 7 of 1982 Dissolution of Marriages on Pre- The whole sumption of Death Act, 1982

Act No. 12 of 1987 Reciprocal Enforcement of Civil The whole Judgments Act, 1987

Act No. 14 of 1987 Stock Theft Act, 1987 The whole

Act No. 16 of 1987 Criminal Procedure Amendment The whole Act, 1987

Act No. 19 of 1987 Criminal Procedure Amendment The whole Act, 1987

Act No. 20 of 1987 Magistrates' Courts Amendment The whole Act, 1987

Act No. 23 of 1987 Extradition Amendment Act, The whole 1987

Act No. 24 of 1987 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1987

Act No. 10 of 1988 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1988

Act No. 12 of 1988 Criminal Procedure Amendment The whole Act, 1988

Act No. 15 of 1988 Enforcement of Maintenance The whole Orders made in Countries in Af-rica Act, 1988

Act No. 18 of 1988 Venda Law Commission Act, The whole 1988

Act No. 23 of 1988 Criminal Law Amendment Act, The whole 1988

Act No. 3 of 1989 Law of Evidence and the Crimi- The whole nal Procedure Amendment Act, 1989

Act No. 19 of 1989 Succession Amendment Act, The whole 1989

Act No. 20 of 1989 Insolvency Amendment Act, The whole 1989

Act No. 26 of 1989 Inquest Amendment Act, 1989 The whole

Act No. 27 of 1989 Children's Status Act, 1989 The whole

Act No. 30 of 1989 Reciprocal Service of Civil Pro- The whole cess Act, 1989

Proclamation No. 31 Magistrates' Courts Amendment The whole of 1990 Proclamation, 1990

Proclamation No. 37 Reciprocal Enforcement of For- The whole of 1990 eign Summonses Proclamation, 1990

Proclamation No. 9 of Criminal Procedure Amendment The whole 1991 Proclamation, 1991

Proclamation No. 11 Inquests Amendment Proclama- The whole of 1991 tion, 1991

Proclamation No. 16 Criminal Law Proclamation, The whole of 1991 1991

Proclamation No. 22 Abuse of Dependence-producing The whole of 1991 Substances and Rehabilitation Centres Amendment Proclama-tion, 1991

Proclamation No. 37 Law of Evidence Amendment The whole of 1991 Proclamation, 1991

Proclamation No. 40 Extinction of Certain Debts by The whole of 1991 Prescription Elimination Procla-mation, 1991

Proclamation No. 41 Criminal Law Second Amend- The whole of 1991 ment Proclamation, 1991

Proclamation No. 14 Maintenance Amendment Procla- The whole of 1992 mation, 1992

Proclamation No. 20 Documentary Evidence from The whole of 1993 Countries in Africa Proclama-tion, 1993


Laws Of The Former Republic Of Ciskei

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 24 of 1936 Insolvency Act, 1936 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 1955 37

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 61 of 1961 Indemnity Act, 1961 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 67 of 1962 Extradition Act, 1962 The whole

Act No. 80 of 1962 Foreign Courts Evidence Act, The whole 1962

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 80 of 1963 Reciprocal Enforcement of The whole Maintenance Orders Act, 1963

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 16 of 1965 Prevention of Counterfeiting of The whole Currency Act, 1965

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 78 of 1967 Pre-Union Statute Law Revision The whole Act, 1967

Act No. 3 of 1968 Prize Jurisdiction Act, 1968 The whole

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 34 of 1969 Abolition of Juries Act, 1969 Section 35

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 42 of 1970 Pre-Union Statute Law Revision The whole Act, 1970

Act No. 94 of 1970 Limitation of Legal Proceedings The whole (Provincial and Local Authori-ties) Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 Substances and Rehabilitation inclusive and the Centres Act, 1971 Schedule

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 35 of 1976 Petition Proceedings Replace- The whole ment Act, 1976

Act No. 36 of 1976 Pre-Union Statute Law Revision The whole Act, 1976

Act No. 2 of 1977 Abolition of Civil Imprisonment The whole Act, 1977

Act No. 13 of 1977 Indemnity Act, 1977 The whole

Act No. 40 of 1977 Recognition and Enforcement of The whole Foreign Arbitral Awards Act, 1977

Act No. 43 of 1977 Pre-Union Statute Law Revision The whole Act, 1977

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole except sections 3 and 4

Act No. 23 of 1979 Dissolution of Marriages on Pre- The whole sumption of Death Act, 1979

Act No. 70 of 1979 Divorce Act, 1979 The whole

Act No. 17 of 1982 Evidence in Criminal Proceed- The whole ings Act, 1982

Act No. 12 of 1983 Criminal Procedure Amendment The whole Act, 1983

Act No. 14 of 1983 Magistrates' Courts Amendment The whole Act, 1983

Act No. 5 of 1984 Magistrates' Courts Amendment The whole Act, 1984

Act No. 6 of 1984 Magistrates' Courts Second The whole Amendment Act, 1984

Act No. 22 of 1984 General Law Second Amend- The whole ment Act, 1984

Act No. 29 of 1984 Inquests Act, 1984 The whole

Act No. 30 of 1984 Criminal Procedure Amendment The whole Act, 1984

Act No. 40 of 1984 Justices of the Peace and Com- The whole missioners of Oaths Act, 1984

Act No. 1 of 1985 Abuse of Dependence-producing Sections 2 to 7 inclusive Centres Amendment Act, 1985 Substances and Rehabilitation

Act No. 23 of 1985 General Law Amendment Act, Sections 1, 2 and 3 1985

Act No. 31 of 1985 Indemnity Act, 1985 The whole

Act No. 19 of 1986 Interpretation Act, 1986 The whole

Act No. 4 of 1987 Criminal Procedure Amendment The whole Act, 1987

Act No. 22 of 1987 Extradition Amendment Act, The whole 1987

Act No. 23 of 1987 Reciprocal Enforcement of Civil The whole Judgments Act, 1987

Act No. 13 of 1988 Criminal Law Amendment Act, The whole 1988

Act No. 14 of 1988 Criminal Procedure Amendment The whole Act, 1988

Act No. 19 of 1988 Divorce Amendment Act, 1988 The whole

Act No. 20 of 1988 Inquests Amendment Act, 1988 The whole

Act No. 23 of 1988 Childship Act, 1988 The whole

Act No. 27 of 1988 Enforcement of Maintenance The whole Orders made in Countries in Af-rica Act, 1988

Act No. 5 of 1989 Immorality Act, 1989 The whole

Act No. 6 of 1989 Stock Theft Act, 1989 The whole

Act No. 7 of 1989 Reciprocal Service of Civil Pro- The whole cess Act, 1989

Act No. 8 of 1989 Law of Evidence Amendment The whole except item 2 Act, 1989 of Part 1 of the Schedule

Decree No. 6 of 1990 Interpretation Amendment De- The whole cree, 1990

Decree No. 11 of 1990 Indemnity Decree, 1990 The whole

Decree No. 16 of 1990 Criminal Procedure Second The whole Amendment Decree, 1990

Decree No. 18 of 1990 Criminal Procedure Third The whole Amendment Decree, 1990

Decree No. 20 of 1990 Commissions Act Amendment The whole Decree, 1990

Decree No. 24 of 1990 Repeal of the State Liability The whole Decree, 1990

Decree No. 30 of 1990 Repeal of the Prevention of the The whole Release on Bail Decree, 1990

Decree No. 36 of 1990 Indemnity Amendment Decree, The whole 1990

Decree No. 42 of 1990 Small Claims Court Decree, The whole 1990

Decree No. 2 of 1991 Indemnity Amendment Decree, The whole 1991

Decree No. 3 of 1991 Inquests Amendment Decree, The whole 1991

Decree No. 21 of 1991 Indemnity Second Amendment The whole Decree, 1991

Decree No. 26 of 1991 Dependence-producing Sub- Sections 2 to 7 inclusive stances Amendment Decree, 1991

Decree No. 27 of 1991 Maintenance of Surviving The whole Spouses Decree, 1991

Decree No. 28 of 1991 Indemnity Third Amendment The whole Decree, 1991

Decree No. 7 of 1992 Matrimonial Property Decree, The whole 1992

Decree No. 8 of 1992 Magistrates' Courts Amendment The whole Decree, 1992

Decree No. 11 of 1992 Foreign Courts Evidence Amend- The whole ment Decree, 1992

Decree No. 12 of 1992 Documentary Evidence Emanat- The whole ing from Countries in Africa De-cree, 1992

Decree No. 13 of 1992 Reciprocal Enforcement of The whole Criminal Summonses Decree, 1992

Decree No. 17 of 1992 Prevention of Public Violence The whole and Intimidation Decree, 1992

Decree No. 27 of 1992 Criminal Procedure Amendment The whole Decree, 1992

Decree No. 7 of 1993 Special Indemnity Decree, 1993 The whole

Decree No. 11 of 1993 Indemnity Amendment Decree, The whole 1993

Decree No. 19 of 1993 National Security Decree, 1993 Sections 34 to 41 inclusive and 53

Decree No. 21 of 1993 Extension of Criminal Jurisdic- The whole tion Decree, 1993

Decree No. 22 of 1993 Stock Theft Amendment Decree, Sections 1 to 7 inclusive 1993

Decree No. 23 of 1993 Maintenance Amendment De- The whole cree, 1993

Decree No. 25 of 1993 Divorce Amendment Decree, The whole 1993

Decree No. 26 of 1993 Trust Property Control Decree, The whole 1993

Decree No. 28 of 1993 General Law Amendment De- Sections 1, 3, 4 and 5 cree, 1993

Decree No. 3 of 1994 Criminal Procedure Amendment The whole (Of the Joint Decree, 1994 Administrators)

Decree No. 4 of 1994 Security by Means of Movable The whole (Of the Council of Property Decree, 1994 State)

Decree No. 4 of 1994 State Liability Decree, 1994 The whole (Of the Joint Administrators)

Decree No. 9 of 1994 Magistrates' Courts Amendment The whole (Of the Council of Decree, 1994 State)

Decree No. 10 of 1994 Inquests Amendment Decree, 1994 The whole (Of the Council of State)


Laws Of The Former Self-Governing Territory Of Gazankulu

No. and year of law - Short title - Extent of application

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 1 6 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 57 of 1959 Stock Theft Act, 1959 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- Sections 2, 3 and 4 and missioners of Oaths Act, 1963 the First Schedule

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 55 of 1970 Justices of the Peace and Com- Section 3 missioners of Oaths Amendment Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 inclusive Substances and Rehabilitation and the Schedule Centres Act, 1971

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 7 of 1979 Gazankulu Criminal Procedure The whole Amendment Act, 1979

Act No. 7 of 1980 Gazankulu Divorce Act, 1980 The whole

Act No. 5 of 1981 Gazankulu Abuse of Depen- Sections 2 to 5 inclusive dence-producing Substances and Rehabilitation Centres Amend-ment Act, 1981

Act No. 6 of 1981 Gazankulu Dissolution of Mar- The whole riages on Presumption of Death Act, 1981

Act No. 8 of 1987 Gazankulu Commissioners of The whole Oaths Act, 1987

Act No. 10 of 1987 Gazankulu Abuse of Depen- The whole dence-producing Substances and Rehabilitation Centres Amend-ment Act, 1987

Act No. 11 of 1988 Gazankulu Abuse of Depen- The whole dence-producing Substances and Rehabilitation Centres Amend-ment Act, 1988

Act No. 12 of 1988 Gazankulu Stock Theft Amend- The whole ment Act, 1988

Act No. 17 of 1988 Gazankulu Magistrates' Courts The whole Amendment Act, 1988

Act No. 5 of 1990 Gazankulu Computer Evidence The whole Act, 1990

Act No. 6 of 1990 Gazankulu Immorality and Pro- The whole hibition of Mixed Marriages Amendment Act, 1990

Act No. 8 of 1991 Gazankulu Intestate Succession The whole Act, 1991

Act No. 8 of 1992 Gazankulu Magistrates' Courts The whole Amendment Act, 1992

Act No. 9 of 1992 Gazankulu Criminal Procedure The whole Amendment Act, 1992


Laws Of The Former Self-Governing Territory Of Kangwane

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 57 of 1959 Stock Theft Act, 1959 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- Sections 2, 3, 4 and the missioners of Oaths Act, 1963 First Schedule

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 55 of 1970 Justices of the Peace and Com- Section 3 missioners of Oaths Amendment Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 inclusive Substances and Rehabilitation and the Schedule Centres Act, 1971

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 80 of 1973 Abuse of Dependence-producing Sections 2 to 5 inclusive Substances and Rehabilitation Centres Amendment Act, 1973

Act No. 94 of 1974 Second General Law Amend- The whole ment Act, 1974

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 76 of 1978 Abuse of Dependence-producing The whole Substances and Rehabilitation Centres Amendment Act, 1978

Act No. 23 of 1979 Dissolution of Marriages on Pre- The whole sumption of Death Act, 1979

Act No. 70 of 1979 Divorce Act, 1979 The whole

Act No. 43 of 1982 Prevention of Corruption The whole Amendment Act, 1982

Act No. 44 of 1982 Succession Amendment Act, The whole 1982

Act No. 57 of 1983 Computer Evidence Act, 1983 The whole

Act No. 61 of 1984 Small Claims Courts Act, 1984 The whole

Act No. 88 of 1984 Matrimonial Property Act, 1984 The whole

Act No. 11 of 1989 KaNgwane Justices of the Peace The whole and Commissioners of Oaths Amendment Act, 1989

Act No. 12 of 1989 KaNgwane Magistrates' Courts The whole Amendment Act, 1989

Act No. 5 of 1992 KaNgwane Magistrates' Courts The whole Amendment Act, 1992

Act No. 6 of 1992 KaNgwane Criminal Procedure The whole Amendment Act, 1992


Laws Of The Former Self-Governing Territory Of Kwandebele

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 57 of 1959 Stock Theft Act, 1959 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- The whole missioners of Oaths Act, 1963

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 55 of 1970 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1970

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 23 of 1979 Dissolution of Marriages on Pre- The whole sumption of Death Act, 1979

Act No. 70 of 1979 Divorce Act, 1979 The whole

Act No. 7 of 1988 KwaNdebele Magistrates' Court The whole Amendment Act, 1988

Act No. 8 of 1988 KwaNdebele Criminal Procedure The whole Amendment Act, 1988

Act No. 18 of 1988 KwaNdebele General Law The whole Amendment Act, 1988

Act No. 140 of 1992 Drugs and Drug Trafficking Act, The whole 1992

Act No. 8 of 1993 KwaNdebele Drugs and Drug The whole Trafficking Amendment Act, 1993


|Laws Of The Former Self-Governing Territory Of Kwazulu

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- Sections 2, 3, 4, 8(1) and missioners of Oaths Act, 1963 (5) and the First Schedule

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 55 of 1970 Justices of the Peace and Com- Section 3 missioners of Oaths Amendment Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 inclusive Substances and Rehabilitation and the Schedule Centres Act, 1971

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 55 of 1975 Prescribed Rate of Interest Act, The whole 1975

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 12 of 1979 KwaZulu Abuse of Dependence- The whole producing Substances and Reha-bilitation Centres Amendment Act, 1979

Act No. 14 of 1979 KwaZulu Criminal Procedure The whole Amendment Act, 1979

Act No. 10 of 1980 KwaZulu Divorce Act, 1980 The whole

Act No. 8 of 1982 KwaZulu Magistrates' Courts The whole Amendment Act, 1982

Act No. 11 of 1982 KwaZulu Criminal Procedure The whole Amendment Act, 1982

Act No. 8 of 1983 KwaZulu Magistrates' Courts The whole Amendment Act, 1983

Act No. 9 of 1983 KwaZulu Prevention of Corrup- The whole tion Amendment Act, 1983

Act No. 15 of 1983 KwaZulu Magistrates' Courts The whole Second Amendment Act, 1983

Act No. 16 of 1983 KwaZulu Criminal Law Amend- The whole ment Act, 1983

Act No. 7 of 1986 KwaZulu Law Commission Act, The whole. 1986

Act No. 5 of 1987 KwaZulu Divorce Amendment The whole Act, 1987

Act No. 6 of 1987 KwaZulu Abuse of Dependence- The whole producing Substances and Reha-bilitation Centres Amendment Act, 1987

Act No. 21 of 1987 KwaZulu Dissolution of Mar- The whole riages on Presumption of Death Act, 1987

Act No. 4 of 1988 KwaZulu Intestate Succession The whole Act, 1988

Act No. 17 of 1988 KwaZulu Criminal Law Amend- The whole ment Act, 1988

Act No. 4 of 1989 KwaZulu Commissioners of The whole Oaths Act, 1989

Act No. 7 of 1989 KwaZulu Justices of the Peace The whole Act, 1989

Act No. 9 of 1989 KwaZulu Commissions Act, The whole 1989

Act No. 20 of 1989 KwaZulu Intestate Succession The whole Amendment Act, 1989

Act No. 6 of 1991 KwaZulu Trespass Amendment The whole Act, 1991

Act No. 9 of 1992 KwaZulu Magistrates' Courts The whole Amendment Act, 1992

Act No. 10 of 1992 KwaZulu Criminal Procedure The whole Amendment Act, 1992

Act No. 13 of 1992 KwaZulu Abuse of Dependence- The whole producing Substances and Reha-bilitation Centres Amendment Act, 1992

Act No. 25 of 1992 KwaZulu Criminal Law Amend- The whole ment Act, 1992

Act No. 4 of 1993 KwaZulu Magistrates' Courts The whole Amendment Act, 1993

Act No. 5 of 1993 KwaZulu Adjustment of Fines The whole Act, 1993

Act No. 14 of 1993 KwaZulu Security by Means of The whole Movable Property Act, 1993

Act No. 22 of 1993 KwaZulu Intestate Succession The whole Amendment Act, 1993

Act No. 23 of 1993 KwaZulu Stock Theft Act, 1993 The whole

Act No. 25 of 1993 KwaZulu General Law Amend- The whole ment Act, 1993


Laws Of The Former Self-Governing Territory Of Lebowa

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 Sections 14, 15 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 57 of 1959 Stock Theft Act, 1959 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- Sections 2, 3, 4 and the missioners of Oaths Act, 1963 First Schedule

Act No. 23 of 1963 Maintenance Act, 1963 The whole

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 55 of 1970 Justices of the Peace and Com- Section 3 missioners of Oaths Amendment Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 inclusive Substances and Rehabilitation and the Schedule Centres Act, 1971

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 11 of 1976 Lebowa Criminal Procedure The whole Amendment Act, 1976

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 10 of 1979 Lebowa Abuse of Dependence- Sections 2 to 5 inclusive producing Substances and Reha-bilitation Centres Amendment Act, 1979

Act No. 5 of 1981 Lebowa Divorce Act, 1981 The whole

Act No. 6 of 1990 Lebowa Magistrates' Courts The whole Amendment Act, 1990

Act No. 7 of 1990 Lebowa Justices of the Peace and The whole Commissioners of Oaths Act, 1990

Act No. 2 of 1992 Lebowa Witchcraft Suppression The whole Act, 1992

Act No. 7 of 1992 Lebowa Magistrates' Courts The whole Amendment Act, 1992

Act No. 8 of 1992 Lebowa Criminal Procedure The whole Amendment Act, 1992

Act No. 9 of 1992 Lebowa Magistrates' Courts Ju- The whole risdiction Amendment Act, 1992


Laws Of The Former Self-Governing Territory Of Qwaqwa

No. and year of law - Short title - Extent of application

Act No. 13 of 1934 Succession Act, 1934 The whole

Act No. 32 of 1944 Magistrates' Courts Act, 1944 The whole except sections 14, 15, 18, 18A and 107

Act No. 8 of 1947 Commissions Act, 1947 The whole

Act No. 7 of 1953 Wills Act, 1953 The whole

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 The whole

Act No. 56 of 1955 Criminal Procedure Act, 1955 Sections 319(3) and 384

Act No. 62 of 1955 General Law Amendment Act, Sections 34, 35, 36 and 37 1955

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Sections 16 to 18 inclusive

Act No. 34 of 1956 Apportionment of Damages Act, The whole 1956

Act No. 50 of 1956 General Law Amendment Act, Sections 1, 3, 4, 5 and 6 1956

Act No. 3 of 1957 Witchcraft Suppression Act, The whole 1957

Act No. 20 of 1957 State Liability Act, 1957 The whole

Act No. 23 of 1957 Sexual Offences Act, 1957 The whole

Act No. 33 of 1957 Interpretation Act, 1957 The whole

Act No. 68 of 1957 General Law Amendment Act, Sections 5 and 7 1957

Act No. 6 of 1958 Prevention of Corruption Act, The whole 1958

Act No. 6 of 1959 Trespass Act, 1959 The whole

Act No. 15 of 1962 Conventional Penalties Act, 1962 The whole

Act No. 93 of 1962 General Law Further Amend- Sections 1 and 44 ment Act, 1962

Act No. 16 of 1963 Justices of the Peace and Com- Sections 2, 3, 4 and the missioners of Oaths Act, 1963 First Schedule

Act No. 93 of 1963 General Law Further Amend- Section 24 ment Act, 1963

Act No. 80 of 1964 General Law Amendment Act, Section 36 1964

Act No. 25 of 1965 Civil Proceedings Evidence Act, The whole 1965

Act No. 42 of 1965 Arbitration Act, 1965 The whole

Act No. 94 of 1965 Immovable Property (Removal The whole or Modification of Restrictions) Act, 1965

Act No. 98 of 1965 General Law Amendment Act, Section 20 1965

Act No. 21 of 1967 Justices of the Peace and Com- The whole missioners of Oaths Amendment Act, 1967

Act No. 9 of 1969 Assessment of Damages Act, The whole 1969

Act No. 16 of 1969 Prohibition of Disguises Act, The whole 1969

Act No. 18 of 1969 Formalities in respect of Leases The whole of Land Act, 1969

Act No. 68 of 1969 Prescription Act, 1969 The whole

Act No. 55 of 1970 Justices of the Peace and Com- Section 3 missioners of Oaths Amendment Act, 1970

Act No. 41 of 1971 Abuse of Dependence-producing Sections 2 to 15 inclusive Substances and Rehabilitation and the Schedule Centres Act, 1971

Act No. 62 of 1973 General Law Amendment Act, Section 50 1973

Act No. 51 of 1977 Criminal Procedure Act, 1977 The whole

Act No. 94 of 1979 Second General Law Amend- The whole ment Act, 1979

Act No. 9 of 1980 Qwaqwa Divorce Act, 1980 The whole

Act No. 14 of 1983 Qwaqwa Abuse of Dependence- The whole producing Substances and Reha-bilitation Centres Amendment Act, 1983

Act No. 6 of 1987 Qwaqwa Ombudsman Act, 1987 The whole

Act No. 9 of 1989 Qwaqwa Law of Evidence The whole Amendment Act, 1989

Act No. 11 of 1989 Qwaqwa Magistrates' Courts The whole Amendment Act, 1989

Act No. 5 of 1990 Qwaqwa Justices of the Peace The whole and Commissioners of Oaths Act, 1990

Act No. 6 of 1990 Qwaqwa Immorality and Prohi- The whole bition of Mixed Marriages Amendment Act, 1990

Act No. 7 of 1990 Qwaqwa Computer Evidence The whole Act, 1990

Act No. 8 of 1990 Qwaqwa Abuse of Dependence- The whole producing Substances and Reha-bilitation Centres Amendment Act, 1990

Act No. 7 of 1992 Qwaqwa Stock Theft Act, 1992 The whole

Act No. 20 of 1992 Qwaqwa Maintenance Act, 1992 The whole

Act No. 22 of 1992 Second Qwaqwa Criminal Proce- The whole dure Amendment Act, 1992

Act No. 23 of 1992 Qwaqwa Magistrates' Courts The whole Amendment Act, 1992

Act No. 26 of 1992 Qwaqwa Criminal Procedure The whole Amendment Act, 1992


SCHEDULE III

LAWS AMENDED BY SECTION 4

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

Act No. 32 of 1944 Magistrates' Courts Act, 1944 Amendment of section 15-

(i) by the substitution in paragraph (c) of subsection (2) for the expression "State Revenue Fund" of the expression "National Revenue Fund"; and

(ii) by the substitution in subsection (3) for the expressions "administrator" and "Official Gazette" of the expressions "Premier" and "Provincial Gazette", respectively.

Act No. 37 of 1953 Matrimonial Affairs Act, 1953 Amendment of section 5-

(i) by the deletion in paragraph (a) of subsection (3) of the words "or a father or a mother upon whom a children's court has under section 60(1) of the Children's Act, 1960 (Act No. 33 of 1960), conferred the exclusive right to exercise any parental powers in regard to a minor,"; and

(ii) by the deletion in subsection (6) of the words "an order under section 60 of the Children's Act, 1960, is rescinded, or if".

Act No. 62 of 1955 General Law Amendment Act, (a) Amendment of section 35 1955 by the substitution for the expression "Administrator" of the expression "Premier".

(b) Amendment of section 36 by the substitution for the expression "section thirteen of the Stock Theft Act, 1923 (Act No. 26 of 1923)" of the expression "section one of the Stock Theft Act, 1959 (Act No. 57 of 1959)".

(c) Amendment of section 37 by the substitution in subsection (1) for the expression " section thirteen of the Stock Theft Act, 1923" of the expression "section one of the Stock Theft Act, 1959".

Act No. 3 of 1956 Vexatious Proceedings Act, Amendment of section 1 by 1956 the substitution for the definition of "State Attorney" of the following definition:

" 'State Attorney' means the officer appointed under paragraph (a) of subsection (2) (1) of section two of the State Attorney Act, 1925 (Act No. 25 of 1925) State Attorney Act, 1957 (Act No. 56 of 1957).".

Act No. 17 of 1956 Riotous Assemblies Act, 1956 Amendment of section 16 by the substitution in subsection (2) for the expression "the penalties mentioned in section fifteen" of the expression "a fine or imprisonment for a period not exceeding five years or to both such a fine and such imprisonment".

Act No. 34 of 1956 Apportionment of Damages Act, Amendment of section 3 by 1956 the substitution for the expression "Motor Vehicle Insurance Act, 1942 (Act No. 29 of 1942)" of the expression "Motor Vehicle Accidents Act, 1986 (Act No. 84 of 1986)".

Act No. 58 of 1959 Inquests Act, 1959 Amendment of section 23 by the substitution in subsection (1) for the expression "Prisons Act, 1959" of the expression "Correctional Services Act, 1959".

Act No. 61 of 1961 Indemnity Act, 1961 Amendment of section 1-

(i) by the substitution in paragraph (a) of subsection (1) for the expression "State President" of the expression "President"; and

(ii) by the substitution in paragraph (d) of subsection (1) for the expression "prison service" of the expression "the Department of Correctional Services".

Act No. 15 of 1962 Conventional Penalties Act, The following section is 1962 substituted for section 5:

"Application of Act to credit transactions to which Act 75 of 1980 applies

5. If any provision of the Hire-Purchase Act, 1942, or of the Hire-Purchase Ordinance, 1942, of the territory of South-West Africa Credit Agreements Act, 1980, is, in terms of the said Act or Ordinance or any notice issued under the said Act or Ordinance, applicable to any agreement credit transaction, the provisions of this Act shall not apply to such agreement credit transaction in so far as they are in conflict with the provision in question.".

Act No. 80 of 1962 Foreign Courts Evidence (a) Amendment of section 2 Act, 1962 by the deletion in sub-section (2) of the words "the furnishing of information in contravention of the provisions of section 2 of the Second General Law Amendment Act, 1974, or is".

(b) The following section is substituted for section 11:

"Rules

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

(c) Amendment of the First Schedule by the deletion of the following items:

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

(d) Amendment of the Second Schedule by the deletion of the following items:

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

Act No. 93 of 1962 General Law Further Amend- Amendment of section 44-ment Act, 1962 (a) by the substitution in subsection (2) for the expression "Criminal Procedure Act, 1955 (Act No. 56 of 1955)" of the expression "Criminal Procedure Act, 1977 (Act No. 51 of 1977)"; and

(b) by the substitution in subsection (3) for the expression "section three hundred and thirty-seven" of the expression "section 288".

Act No. 16 of 1963 Justices of the Peace and Com- (a) Amendment of section 2-missioners of Oaths Act, 1963 (i) by the substitution in subsection (2) for the expression "Electoral Act, 1979 (Act No. 45 of 1979)" of the expression "Electoral Act, 1993 (Act No. 202 of 1993)"; and

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

(b) Amendment of the First Schedule-

(i) by the substitution in the first item for the expression "Public Service Act, 1984 (Act No. 111 of 1984)" of the expression "Public Service Act, 1994 (Proclamation No. 103 of 1994)";

(ii) by the substitution for the fourth item of the following item: "Commandant-General Chief of the South African National Defence Force and Commissioned Officer of the Permanent Force of the South African National Defence Force. ";

(iii) by the deletion of the sixth item;

(iv) by the substitution in the seventh item for the expression "South African Police" of the expression "South African Police Service";

(v) by the substitution in the eighth item for the expression "Prisons Service" of the expression "Department of Correctional Services"; and

(vi) by the deletion of the eleventh and twelfth items.

Act No. 16 of 1965 Prevention of Counterfeiting (a) Amendment of section 1 of Currency Act, 1965 by the substitution in the definition of "bank note" for the expression "section ten of the South African Reserve Bank Act, 1944 (Act No. 29 of 1944)" of the expression "section fourteen of the South African Reserve Bank Act, 1989 (Act No. 90 of 1989)".

(b) Amendment of section 4 by the substitution in subsection (1) for the expression "Secretary of Foreign Affairs" of the expression "Director-General: Foreign Affairs".

Act No. 25 of 1965 Civil Proceedings Evidence (a) Insertion of the Act, 1965 following section after section 10:

"Status of certain marriages

10A. Any customary marriage or customary union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.".

(b) Amendment of section 25-

(i) by the substitution in the words preceding paragraph (a) of subsection (1) for the expression "Secretary for Defence" of the expression "Chief of the South African National Defence Force";

(ii) by the substitution in paragraph (d) of subsection (1) for the expression "Department of Defence" of the expression "South African National Defence Force";

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

(iv) by the substitution in the definition of "soldier" in subsection (3) for the expression "South African Defence Force" of the expression "South Afri-can National Defence Force".

Act No. 42 of 1965 Arbitration Act, 1965 Amendment of section 16 by the substitution in subsection (3) for the expression "Prisons Act, 1959" of the expression

"Correctional Services Act, 1959".

Act No. 94 of 1970 Limitation of Legal Amendment of section 3-Proceedings (Provincial and Local Authorities) Act, 1970 (i) by the substitution in paragraph (c) of subsection (1) for the expression "Motor Vehicle Insurance Act, 1942 (Act No. 29 of 1942)" of the expression "Motor Vehicle Accidents Act, 1986 (Act No. 84 of 1986)"; and

(ii) by the substitution in paragraph (d) of subsection (1) for the expression "section 8 of the Workmen's Compensation Act, 1941 (Act No. 30 of 1941)" of the expression "section 36 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993)".

Act No. 19 of 1973 South African Law Commission (a) Amendment of section 8 Act, 1973 the substitution in subsection (1) for the expression "Public Service Act, 1957 (Act No. 54 of 1957)" of the expression "Public Service Act, 1994 (Proclamation No. 103 of 1994)".

(b) Amendment of section 9 by the substitution in paragraph (b) of subsection (1) for the expression "Public Service Act, 1957 (Act No. 54 of 1957)" of the expression "Public Service Act, 1994 (Proclamation No. 103 of 1994)".

(c) Amendment of the Act by the substitution for the expression "State President" wherever it occurs of the expression "President".

Act No. 94 of 1974 Second General Law Amend- Repeal of section 3. ment Act, 1974

Act No. 51 of 1977 Criminal Procedure Act, 1977 (a) Amendment of section 1 by the substitution in the definition of "peace officer" for the words "member of the prisons service as defined in section 1 of the Prisons Act, 1959" of the words "correctional official as defined in section 1 of the Correctional Services Act, 1959".

(b) Amendment of section 40 by the substitution in paragraph (m) of subsection (1) for the expression "South African Defence Force" of the expression "South African National Defence Force".

(c) Amendment of section 60 by the substitution in subsection (1) for the expression "prisons service" of the expression "Department of Correctional Services".

(d) Amendment of section 195-

(i) by the substitution in paragraph (g) of subsection (1) for the expression "Immorality Act, 1957" of the expression "Sexual Offences Act, 1957"; and

(ii) by the substitution for subsection (2) of the following subsection:

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

(e) Amendment of section 250 by the substitution in paragraph (a) of subsection (2) for the expression "State Revenue Fund" of the expression "National Revenue Fund".

(f) Amendment of section 279 by the substitution in subsections (2) and (3) for the expression "Prisons Act, 1959" of the expression "Correctional Services Act, 1959".

(g) Amendment of section 297 by the substitution in item (ee) of subparagraph (i) of paragraph (a) of subsection (1) for the expression "Children's Act, 1960 (Act No. 33 of 1960)" of the expression "Probation Services Act, 1991 (Act No. 116 of 1991)".

(h) Amendment of section 307 by the substitution in paragraph (b) of subsection (2) for the expression "prisons service" of the expression "Department of Correctional Services".

(i) Amendment of section 341 by the substitution in subparagraph (ii) of paragraph (e) of subsection (2) for the expression "Rural Coloured Areas Law, 1979 (Law 1 of 1979), of the Coloured Persons Representative Council of the Republic of South Africa" of the expression "Rural Areas Act (House of Rep-resentatives), 1987 (Act No. 9 of 1987)".

Act No. 70 of 1979 Divorce Act, 1979 Amendment of section 5-

(a) by the substitution in subparagraph (ii) of paragraph (a) of subsection (1) for the expression "Minister of Prisons" of the expression "Minister of Correctional Services";

(b) by the deletion in subparagraph (iii) of paragraph (a) of subsection (1) of the words "or hospital prison for psychopaths"; and

(c) by the substitution for the expression "President's patient" wherever it occurs in the said section of the expression "State patient"

Act No. 84 of 1982 Protection of Information Act, (a) Amendment of section 5-1982 (i) by the substitution in paragraph (b) of subsection (2) for the expression "South African Police" of the expression "South African Police Service"; and

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

(b) Amendment of section 7-

(i) by the substitution for the expression "South African Police" wherever it occurs in the said section of the expression "South African Police Service"; and

(ii) by the deletion of the words "or the South African Railway Police Force" wherever it occurs in the said section.

(c) Amendment of section 14 by the substitution for the expression "State President" of the expression "President".

Act No. 61 of 1984 Small Claims Courts Act, 1984 Amendment of section 9 by the addition at the end of paragraph (c) of subsection (2) of the following words: "read with section 10 of the Magistrates Act, 1993 (Act No. 90 of 1993)".

Act No. 88 of 1984 Matrimonial Property Act, 1984 Amendment of section 1 by the substitution in the definition of "listed securities" for the expression "Stock Exchanges Control Act, 1947 (Act No. 7 of 1947)" of the expression "Stock Exchanges Control Act, 1985 (Act No. 1 of 1985)".

Act No. 107 of 1985 Rules Board for Courts of Amendment of section 8 by Law Act, 1985 the substitution in subsection (2) for the expression "Public Service Act, 1984 (Act No. 111 of 1984)" of the expression "Public Service Act, 1994 (Proclamation No. 103 of 1994)".

Act No. 45 of 1988 Law of Evidence Amendment Amendment of section 1 by Act, 1988 the substitution for subsection (4) of the following subsection:

"(4) For the purposes of this section 'indigenous law' means the Black law or customs as applied by the Black tribes in the Republic or in territories which formerly formed part of the Republic.".

Act No. 57 of 1988 Trust Property Control Act, Amendment of section 20 by 1988 the substitution in paragraph (d) of subsection (2) for the expression "President's patient" of the expression "State patient".

Act No. 103 of 1991 Short Process Courts and Amendment of section 7 by Mediation in Certain Civil the addition at the end of Cases Act, 1991 paragraph (c) of the following words: "read with section 10 of the Magistrates Act, 1993 (Act No. 90 of 1993)".

Act No. 105 of 1991 Game Theft Act, 1991 Amendment of section 2 by the substitution in paragraph (a) of subsection (2) for the expression "Administrator" of the expression "Premier".

Act No. 107 of 1991 Decriminalization Act, 1991 (a) Amendment of section 1-

(i) by the deletion of the definition of "administrator"; and

(ii) by the deletion in paragraph (a) of the definition of "responsible authority" of the words "an Administration of".

(b) Amendment of section 7-

(i) by the substitution in subsection (1) for the expression "Public Service Act, 1984 (Act No. 111 of 1984)" of the expression "Public Service Act, 1994 (Proclamation No. 103 of 1994)"; and

(ii) by the substitution in subsection (2) for the expressions "State Revenue Fund" and "State Revenue Account" of the expressions "National Revenue Fund" and "National Revenue Account", respectively.

(c) Amendment of the said Act by the substitution for the expressions "administrator" and "an administrator" wherever they occur in the said Act of the expressions "Premier" and "a Premier", respectively.

Act No. 117 of 1991 Investigation of Serious Econ- Repeal of section 12. omic Offences Act, 1991

Act No. 139 of 1991 Prevention of Public Violence Amendment of section 1 by and Intimidation Act, 1991 the of "Republic".

Act No. 126 of 1992 Criminal Law Second Amend- Amendment of section 13-ment Act, 1992

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

(b) by the substitution in subparagraph (ii) for the expression "South African Defence Force" of the expression "South African National Defence Force".

Act No. 127 of 1992 Interception and Monitoring (a) Amendment of section 3 Prohibition Act, 1992 by the substitution for paragraph (a) of subsection (2) of the following paragraph:

"(a) for the purposes referred to in subsection (1)(b)(i) or (ii) or subsection (4), be made by an officer as defined referred to in section 1 33 of the Police Act, 1958 (Act No. 57 of 1958) South African Police Service Act, 1995 (Act No. 68 of 1995), provided that the officer concerned obtained in advance the approval of another officer in the South African Police Service with at least the rank of major-general assistant-commis-sion er who shall be authorised in writing by the National Commissioner of the South African Police Service to grant such approval;".

(b) Amendment of section 4-

(i) by the substitution in subsection (1) for the expression "Police Act, 1958 (Act No. 7 of 1958)" of the expression "South African Police Service Act, 1995 (Act No. 68 of 1995)";and

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

"(i) an officer of at least the rank of major-general in the South African Police or the South African National Defence Force, as the case may be; or;

(ii) a member of the Agency or the Service holding a post of at least chief director; or

(iii) an officer of at least the rank of assistant-commissioner in the South African Police Service.".

(c) Amendment of section 5 by the substitution in subsection (3) for the expression "Minister of Posts and Telecommunications" of the expression "Minister for Posts, Telecommunications and Broadcasting".

(d) Amendment of the said Act-

(i) by the substitution for the expression "South-African Police" wherever it occurs of the expression "South African Police Service";

(ii) by the substitution for the expression "Commissioner of the South African Police" wherever it occurs of the expression "National Commissioner of the South African Police Service";

(iii) by the substitution for the expression "South African Defence Force" wherever it occurs of the expression "South African National Defence Force".

Act No. 140 of 1992 Drugs and Drug Trafficking (a) Amendment of section 4 Act, 1992 by the substitution in subparagraph (iii) for the expression "Director-General: National Health and Population Development" of the expression "Director-General: Welfare".

(b) Amendment of section 5 by the substitution in subparagraph (ii) for the expression "Director-General: National Health and Population Development" of the expression "Director-General: Welfare".

(c) Amendment of section 8 by the substitution for the expression "South African Police" of the expression "South African Police Service".

Act No. 90 of 1993 Magistrates Act, 1993 (a) Amendment of section 12 by the substitution in paragraph (a) of subsection (1) for the expression "Commission for Administration" of the expression "Public Service Commission".

(b) Amendment of section 13 by the substitution in item (bb) of subparagraph (ii) of paragraph (c) of subsection (5) for the expression "section 15(4) of the Public Service Act, 1984 (Act No. 111 of 1984)" of the expression "section 16(4) of the Public Service Act, 1994 (Proclamation No. 103 of 1994)".

Act No. 120 of 1993 Magistrates' Courts Amendment (a) The following section is Act, 1993 substituted for section 6:

"Substitution of section 9 of Act 32 of 1944, as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970, section 8 of Act 102 of 1972, section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981, section 2 of Act 34 of 1986 and section 17 of the Magistrates Act of 1993

6. The following section is hereby substituted for section 9 of the principal Act:

'Appointment of judicial officers

9. (1) (a) Subject to the provisions of the Magistrates Act, 1993. and the provisions of section 10, the Minister may-

(i) for every district or subdistrict appoint a magistrate, one or more additional magistrates or one or more assistant magistrates;

(ii) for every district or subdistrict appoint one or more civil magistrates;

(iii) for every regional division appoint one or more regional magistrates;

(iv) for every civil division appoint one or more senior civil magistrates;

(v) for every family division appoint one or more family magistrates.

(b) The Minister may, in a particular case or generally and subject to such directions as he or she may deem fit, delegate the power conferred upon him or her by paragraph (d) to the Director-General of his or her Department or another officer of that Department with the rank of director or an equivalent or higher rank, or, in respect of a district situated wholly or partly in a self-governing territory referred to in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to any officer of his Department who holds the office of secretary or director of a department of the government of the self-governing territory concerned.

(c) A judicial officer of a district, subdistrict or regional, civil or family division may at the same time also be such a judicial officer of another district, subdistrict or regional, civil or family division, respectively.

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

(2)(a) Any person appointed as judicial officer under this section shall, before commencing with his or her functions in terms of this Act for the first time, take an oath or make an affirmation subscribed by him or her, in the form set out below:

'I,................,

(full name)

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

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

(3) Whenever by reason of absence or incapacity a judicial officer is unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint any other competent officer of the public service or any competent retired officer of the public service to act in the place of the absent or incapacitated judicial officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that no person shall be appointed as an acting regional, senior civil or family magistrate unless he or she has satisfied all the requirements for the degree referred to in section 10(b) or has passed an examination referred to in that section.

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

(5) The provisions of section 9quat(2) and (4) shall mutatis mutandis apply to any person appointed under subsection (3) or (4): Provided that the provisions of section 9quat(4) shall not apply to any such person who is subject to the laws governing the public service.".

(b) Amendment of section 14 by the substitution for paragraph (b) of the following paragraph:

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

(c) The following section is substituted for section 44:

"Substitution of section 71A of Act 32 of 1944, as inserted by section 16 of Act 53 of 1970

44. The following section is hereby substituted for section 71A of the principal Act:

'Movable property which sheriff cannot dispose of in terms of this Act, shall be sold by public auction

71A. (1) Any movable property in the custody of the sheriff or any other person acting on his or her behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the sheriff by public auction, and the proceeds of the sale shall, after deduction of the sheriffs costs, be paid into the State Revenue Fund National Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.

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

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