Abolition of Restrictions on the Jurisdiction of Courts Act
Section 4 of the Black Administration Act, 1927 is repealed.
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- Act 88 of 1996
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Section 4 of the Black Administration Act, 1927 is repealed. At the request of any interested party, a distribution account must be reviewed free of charge by a judicial officer. This section amends section 3B of the Prevention of Illegal Squatting Act, 1951 by deleting paragraph (a) of subsection (4). The committee may decide an objection by confirming, setting aside, or amending the notice, and it must notify the owner or legal occupier in writing. This amendment lets the master or owner of a ship, and in some cases the seaman or apprentice-officer, appeal a proper officer’s decision to the Director-General.
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Provisions of Abolition of Restrictions on the Jurisdiction of Courts Act
Showing 91 of 91
- 1 Verify source ↗
Section 4 of the Black Administration Act, 1927, is hereby repealed.
AI-assisted research summary: Section 4 of the Black Administration Act, 1927 is repealed.
1. Section 4 of the Black Administration Act, 1927, is hereby repealed. Amendment of section 74J of Act 32 of 1944, as inserted by section 6 of Act 63 of 5 1976 . - 2 Verify source ↗
Section 741 of the Magistrates' Courts Act; 1944, is hereby amended by.the
AI-assisted research summary: At the request of any interested party, a distribution account must be reviewed free of charge by a judicial officer.
2. Section 741 of the Magistrates' Courts Act; 1944, is hereby amended by.the substitution for subsection (6) of the following subsection: "(6) A distribution account referred to in subsection (5) shall at the request of any interested party be subject to review free of charge by any judicial officer 10 [whose decision shall be final].". · · · · Alnendlllent of section 3B of Act 52 of1951, as inserted by section 2. of Act 92 of .. •" 1976 and amended by section 1 of Act 72 of1977, section 1 of Act 33 of1980, section 6 of Act 68 of 1986 and section 5 of Act 104 of 1988 - 3 Verify source ↗
Section 3B of the Prevention of Illegal Squatting Act, 1951, is hereby amended by 15
AI-assisted research summary: This section amends section 3B of the Prevention of Illegal Squatting Act, 1951 by deleting paragraph (a) of subsection (4).
3. Section 3B of the Prevention of Illegal Squatting Act, 1951, is hereby amended by 15 the,deletion. of paragraph (a) of subsection (4). . . . -· -· ~--- ""J. . . . . . -· . Amendment of section 6F of Act 52 of 1951, as inserted by section 11 of Act 104 of 1988 ' . . .. ' - 4 Verify source ↗
Section 6F of the Prevention oflllegal Squatting Act, 1951, is hereby amended by
AI-assisted research summary: The committee may decide an objection by confirming, setting aside, or amending the notice, and it must notify the owner or legal occupier in writing.
4. Section 6F of the Prevention oflllegal Squatting Act, 1951, is hereby amended by the substitution for subsection (4) of the following subsection: 20 "(4) The committee may, after consideration of an objection referred to in subsection (3), confirm, set aside or amend the notice referred to in subsection (2), . 4 No. 17599 GOVERNMENTGAZE~22NOVEMBER1~6 Act No. 88,1~6 ABOUTION OF RESTRICITONS ON TilE JUR1SDICITON OF COURTS ACT, 1~6 and shall notify the owner or legal occupier concerned in writing of its decision[, which shall be final].". Amendment of section 119 of Act 57 of 1951 - 5 Verify source ↗
Section 119 of the Merchant Shipping Act, 1951, is hereby amended-
AI-assisted research summary: This amendment lets the master or owner of a ship, and in some cases the seaman or apprentice-officer, appeal a proper officer’s decision to the Director-General.
5. Section 119 of the Merchant Shipping Act, 1951, is hereby amended- ( a) by the substitution for subsection (5) of the following subsection: 5 "(5) If the master or owner of the ship is not satisfied with any decision of the proper officer under subsection (4), he or she may appeal therefrom · to the Director-General[, whose decision shall be final]."; and·- (b) by the substitution for subsection (6) of the following subsection: "(6) The seaman or apprentice-officer concerned may within 30 days 10 of his or her first becoming aware of any such decision of the proper officer under subsection (4) appeal therefrom to the Director-General[, whose decision in the matter shall be final]. The Director-General may on such appeal direct that any money paid to the master in accordance with the decision of the proper officer shall be paid over by the master or 15 the owner of the ship to the seaman or apprentice-officer, who may recover the amount as wages.". Amendment of section 324 of Act 57 of 1951, as substituted by section 6 of Act 16 of 1995 - 6 Verify source ↗
Section 324 of the Merchant Shipping Act, 1951, is hereby amended by the 20
AI-assisted research summary: If the Director-General’s penalty under subsection (1) exceeds RSOO, an appeal may be taken to the Minister.
6. Section 324 of the Merchant Shipping Act, 1951, is hereby amended by the 20 substitution for subsection (2) of the following subsection: "(2) From a determination or order ofthe Director-General under subsection (1), when the penalty imposed by him or her exceeds RSOO, an appeal shall lie to the Minister[, whose decision shall be final].". Amendment of section 4 of Act 23 of 1955, as substituted by section 3 of Act 18 of 25 1978 . substitution for subsection (4) of the following subsection: - 7 Verify source ↗
Section 4 of the Second-Hand Goods Act, 1955, is hereby amended by the
AI-assisted research summary: A certificate applicant may appeal a decision to the Minister, and the Minister may confirm, amend, set aside, or make any fit order on the appeal.
7. Section 4 of the Second-Hand Goods Act, 1955, is hereby amended by the "(4) An applicant for a certificate under this section may appeal against any decision of the Commissioner or the commissioned officer concerned, as the case 30 may be, on his or her application, to the Minister, who may after consideration of any such appeal confirm, amend or set aside the decision in question or make such order thereon as he or she may deem fit[, and whose decision shall be final].". . Amendment of section 1 of Act 45 of 1955, as amended by section 1 of Act 59 of 1957, section 1 of Act 65 of 1960, section 7 of Act 77 of 1964, section 3 of Act 92 of 35 1971, section 9 of Act 106 of 1980, section 5 of Act 86 of 1987, section 7 of Act 87 of 1988, section 6 of Act 97 of 1993 and section 2 of Act 140 of 1993 . '· .!· ' ._' - - ·' 1·;"- - 8 Verify source ↗
Section 1 of the Estate DutY Act, 1955;· is hereby amended by the substitution for
AI-assisted research summary: The parties may not appear before the Board; the Board must communicate its decision in duplicate to the Commissioner, and the Commissioner must send one copy to the executor.
8. Section 1 of the Estate DutY Act, 1955;· is hereby amended by the substitution for paragiaph (g) of subsection (2) of the following paragraph: _· . . . '' ' . :- . "(g) There shall be no appearimce by or on behalf of either party before the 40 Board, whose decision [shall be fiital and] shall tie communicated in duplicate to the Commissioner, who shall forward one copy thereof to the executor.". _ . • . ;; ., . . .' ' . - .•. ' ' .. ' --'- . . • ' l . . - ' o,. ' : ' ~ - Amendme~t of sectio~ 37 of Act 24 of 1956, as amended by section 14 of Act 65 of 1968, section 19 of Act -86 of 1984, section 13 of Act 50 of 1986 and section 3. of Act 7 of 1993 . .. - 9 Verify source ↗
Section 37 of the Pensi~n Funds ACt; 1956, is hereby aniended by the substitUtion.
AI-assisted research summary: The Registrar must decide the time for filing or delivering certain documents, and that decision is final.
9. Section 37 of the Pensi~n Funds ACt; 1956, is hereby aniended by the substitUtion. 45 for subsection (4) of the following subsection: _ _ . : · "(4) For the.purpose of subsection (2) [the decision of] thiHegistrarshall make a decision as to the time within which a return, scheme, report, account, statement or other document referred to in that subsection was required to_ be furnished, 50 · tninsmitted or deposited[, shall be final].". . . . . . ' _. ' - ' · - · · . i -t: ' . 6 No. 17599 GOVERNMENT GAZETIE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 Amendment of section 48 of Act 25 of 1956, as amended by section 31 of Act 101 of 1976, section 6 of Act 44 of 1988 and section 5 of Act 7 of 1993 . - 10 Verify source ↗
Section 48 of the Friendly Societies Act, 1956, is hereby amended by the
AI-assisted research summary: This section amends section 48 so that the registrar decides the time within which certain returns and related documents had to be filed, and that decision is final.
10. Section 48 of the Friendly Societies Act, 1956, is hereby amended by the substitution for subsection (4) of the following subsection: "(4) For the purpose of subsection (2) [the decision of) the registrar shall make a decision as to the time within which a return, scheme, report, account, statement or other document referred to in that subsection was required to be furnished, transmitted or deposited[, shall be final).". 5 . . . Amendment of section 76 of Act 54 of 1956, as amended by section 28 of Act 96 of 1984 and section 15 of Act 97 of 1986 I 0 - 11 Verify source ↗
Section 76 of the Water Act, 1956, is hereby amended by the substitution for
AI-assisted research summary: The Minister must appoint a three-officer committee to apportion assets, rights, liabilities, and obligations when irrigation districts are combined or reconstituted.
11. Section 76 of the Water Act, 1956, is hereby amended by the substitution for subsection (5) of the following subsection: "(5) Whenever any portion of the area included within an irrigation district is combined with another such district or any portion of the area included in such other district, or any portion of the area included in any such district has, either 15 alone or together with any other area, been constituted as an irrigation district, the Minister shall appoint a committee consisting of three officers of the department, one of whom he or she shall designate as [chairman] chairperson of the committee, to apportion the assets, rights, liabilities and obligations of all the irrigation boards affected amongst those boards in such manner as the committee 20 may consider equitable, and any apportionment made by such committee shall be [final and) binding upon all such boards.". · Amendment of section 78 of Act 54 of 1956, as amended by section 16 of Act 42 of 1975 and section 16 of Act 97 of 1986 - 12 Verify source ↗
Section 78 of the Water Act, 1956, is hereby amended by the substitution for 25
AI-assisted research summary: The responsible person must appoint a three-officer committee, with one officer designated as chairperson, and may then make a binding order after considering the committee’s report.
12. Section 78 of the Water Act, 1956, is hereby amended by the substitution for 25 paragraph (b) of subsection (2) of the following paragraph: . · "(b) appoint a committee consisting of three officers of the department, one of whom he or she shall designate as [chairman) chairperson of the committee, to advise him or her as to the liquidation of the affairs of the board, and may after consideration of the report of any such committee make such order in the 30 matter as he or she deems fit and such order shall be [final and) binding on all persons affected.": ; ' · · · Amendment of section 111A of Act 54 of 1956, as inserted by section 12 of Act 51 of 1979 . ' - 13 Verify source ↗
Section IliA of the Water Act, 1956, is hereby amended by the deletion of 35
AI-assisted research summary: This provision amends section IliA of the Water Act, 1956 by deleting paragraph (b) of subsection (6).
13. Section IliA of the Water Act, 1956, is hereby amended by the deletion of 35 paragraph(b) of subsection(6). · · ·· Amendment of section 116 of Act 54 of 1956, as amended by section 45 of Act 96 of 1984 . . . ' - 14 Verify source ↗
Section II6 of the Water Act, 1956, is hereby amended by the substitution for
AI-assisted research summary: If a price-variation dispute arises between a water board and a consumer or consumers’ association, the matter must be referred to the Minister, whose decision is final and binding.
14. Section II6 of the Water Act, 1956, is hereby amended by the substitution for paragraph (b) of subsection (I) of the following paragraph: 40 "(b) If any dispute arises between the water board and any consumer or · association of consumers as to ·any variation of prices for water supplied, the matter shall be referred to the Minister [whose) for a decision [thereon shall be final], - which shall be binding on the parties concerned.". Amendment of section 68 of Act 44 of 1957, aS substituted by section 25 of Act 103 45 of 1982 and amended by section 35 of Act 87 of 1984. · · - 15 Verify source ↗
Section· 68 of the Defence Act, 1957, is hereby amended by the deletion of
AI-assisted research summary: This provision amends section 68 of the Defence Act, 1957 by deleting subsection (4).
15. Section· 68 of the Defence Act, 1957, is hereby amended by the deletion of subsection (4). · 8 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON THE JURlSDICTION OF COURTS ACT. 1996 Amendment of section 72D of Act 44 of 1957, as inserted by section 9 of Act 34 of 1983 and substituted by section 17 of Act 132 of 1992 - 16 Verify source ↗
Section 72D of the. Defence Act, 1957, is hereby amended by the deletion of
AI-assisted research summary: This section amends section 72D of the Defence Act, 1957 by deleting subsection (5).
16. Section 72D of the. Defence Act, 1957, is hereby amended by the deletion of subsection (5). · · Amendment of section 98 of Act 44 of 1957, as amended by section 11 of Act 42 of 5 1961, section 20 of Act 77 of 1963 and section 36 of Act 132 of 1992 - 17 Verify source ↗
Section 98 of the Defence Act, 1957, is hereby amended by the deletion of
AI-assisted research summary: This section amends section 98 of the Defence Act, 1957 by deleting subsection (4), and repeals section 103ter of Act 44 of 1957.
17. Section 98 of the Defence Act, 1957, is hereby amended by the deletion of subsection (4).- · · '.· Repeal of section 103ter of Act 44 of 1957, as inserted by section 8 of Act 1 of 1976 and section 1 of Act 77 of 1980 imd aniended by section 10 of Act 35 of 1977 and 10 section 36 of Act 132 of 1992 · · - 18 Verify source ↗
Section 103ter of the Defence Act, 1957, is hereby repealed.
AI-assisted research summary: Section 103ter of the Defence Act, 1957 is repealed.
18. Section 103ter of the Defence Act, 1957, is hereby repealed. . . . Amendment of section 134 of the First Schedule to Act 44 of 1957 - 19 Verify source ↗
Section 134 of the First Schedule to the Defence Act, 1957, is hereby amended by
AI-assisted research summary: If the General Officer Commanding cannot fix a complaint and the complainant asks, the complaint must be sent to the State President for a decision.
19. Section 134 of the First Schedule to the Defence Act, 1957, is hereby amended by the substitution for subsection (3) of the following subsection: . 15 · · · "(3) If the General Officer Commanding, South African National Defence Force, . is unable to redress the wrong or otherwise to satisfy the complainant, he 'or she shall, if requested by the complainant to do so, transmit the complaint to the [State] President, [whose decision shall be final] for a decision.''. .- . . ' . . . ' ' ' ' Amendment of section 8 of Act 44 of 1958, ~ inSerted by' section 7 of Act 85 of 1991 20 and section 1 of Act 176 of 1993 and amended by section 7 of Act 101 of 1992 . ' . _; ·.• ' J --·· • ' ' ' · ' . - . 20. Section 8 of the Post Office .Act, 1958; is hereby. amended by the substitution. for subsection (2)ofthe following subsection: ' · · · · .. "(2) If, for the purposes ofsubsection (1), the question arises whether any person · · perfoniis functions pertaining to the postal service or the telecommunications 25 · service, such question shall be decided by the Postmaster-General[, and his · decision shaD be final].". · Amendment of section 27 of Act 44 of 1958, as amended by section 75 of Act 85 of U91 . · . · . . . - 21 Verify source ↗
Section 27 of the Post Office Act, 1958, is hereby amended by the. substitution for 30
AI-assisted research summary: The postal company’s decision on whether a postal article is a letter or another kind of postal article is final.
21. Section 27 of the Post Office Act, 1958, is hereby amended by the. substitution for 30 subsection (2) of the following subsection: . . . . . "(2) The [decision of the] postal company shall decide as to whether any postal article is a letter or any other description of postal article within the meaning ofthis Act [shall be final].". · Substitution of section 115 of Act 44 of 1958, as substituted by section 8 of Act 80 of 35 1965 and by section 65 'of Act 85 of 199t' · ' · - - 22 Verify source ↗
The f~llowing section is he~eby 'substituted for section. i 15 of the Post Office Act,
AI-assisted research summary: This section substitutes a new section 15 dealing with the non-liability of the post company and telecommunications company.
22. The f~llowing section is he~eby 'substituted for section. i 15 of the Post Office Act, 1958: . . . .. .. . . · "Non-iiability of posW coiilpany and telecommunications company - 115 Verify source ↗
Save as is otherwise provided in this Act, [no legal proceedings 40
AI-assisted research summary: This section generally shields the postal company, telecommunications company, officers, mail carriers, and their employees from liability and legal proceedings for specified errors, losses, delays, and lawful acts.
115. Save as is otherwise provided in this Act, [no legal proceedings 40 shaD be capable of being instituted against] the postal company or. telecommunications company, as the case may be, or any officer or [against] any person conveying postal articles in pursuance of any contract ·entered into or arrangements made in terms of this Act or conveying mail which he or she is obliged to convey in terms of this Act (in this section and 45 in section 115bis referred to as a mail carrier) or [against] any employee of a mail carrier shall not be liable by reason of any error, default, delay, omission, damage, destruction, non-delivery, non-transmission or loss, 10 No. 17599 GOVERNMENT GAZETIE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLillON OF RESTR!Cf!ONS ON TilE JURISD!C110N OF COURTS ACf, 1996 · whether negligent or otherwise, in respect of any postal article or telegram or by reason of anything lawfully done under this Act or any other law, and bona fide payment of any sum of money under the provisions of this Act or any other law shall, to whomsoever made, discharge the postal company or telecommunications company, as the case may be, and the officer by whom 5 any such payment was made, from all liability whatsoever, in respect of any such payment, notwithstanding any forgery, fraud, mistake, neglect, loss or delay which may have been committed or have occurred in connection therewith: Provided that nothing in this section contained shall be construed as exempting the postal company or telecommunications company, as the 10 case may be, from liability for damage or loss caused to any person by reason of fraud on the part of an officer in relation to his or her official duties or as exempting any mail carrier from liability for damage or loss caused to any person by reason of fraud on the part of such carrier or of any employee of such carrier in relation to his or her duties.". . - - 15 · Amendment of section 9 of Act 6 of 1962, as amended by section 5 of Act 12 of 1964, section 5 of Act 63 of 1969 and section 6 of Act 32 of 1979 . - 23 Verify source ↗
Section 9 of the Archives Act, 1962, is hereby amended by the substitution for
AI-assisted research summary: This provision amends section 9 so that a person may appeal to the Minister if the director refuses access to archives or accessions.
23. Section 9 of the Archives Act, 1962, is hereby amended by the substitution for · · subsection (3) of the following subsection: ' "(3) There shall be a right to appeal to the Minister against any decision of the 20 director under subsection (2) whereby access to any archives or accessions is refused[, and the Minister's decision on any such appeal shall be final].". Amendment of section 12 of Act 6 of 1962 - 24 Verify source ↗
Section 12 of the Archives Act, 1962, is hereby amended by the substitution for
AI-assisted research summary: The director may refuse access to archives and accessions for a person convicted of an offence under subsection (1), and the person may appeal to the Minister.
24. Section 12 of the Archives Act, 1962, is hereby amended by the substitution for subsection (2) of the following subsection: . "(2) The director may refuse to allow any person convicted of an offence under ·subsection (I) access to any archives and accessions in an archives depot or an intermediate depot for such period as he or she may deem fit, subject to a nght of appeal to the Minister[, whose decision on any such appeal shall be final).". . . 25 Amendment of section 7 of Act 18 of 1962, as substituted by section 14 of Act 54 of 30 1969 and section 5 of Act 63 of 1980 · - 2S Verify source ↗
Section 7 of the HeraldryAct, 1962, is hereby amended by the substitution for the
AI-assisted research summary: This provision amends earlier Acts and states that section 19 does not apply when the council exercises its power under this subsection.
2S. Section 7 of the HeraldryAct, 1962, is hereby amended by the substitution for the proviso to subsection (2) of the following proviso: · · · · "[Provided that the council's decision shall be final:] Provided [further] that · the provisions of section 19 shall not apply in respect of the exercise· of the 35 · council's power under this subsection.". · · Alnendment of section 36 of Act 95 of 1963 . . · 26. S~ction 36 ofthe Pension Laws Amendment Act, 1963, is hereby ainended by the substitution for subsection (4) of the following subsection: · "(4) For the purposes of this section any question arising out· of the 40 . . • , . . determination- . . (a) whether any member of the Permanent Force was at any particular time performing service in defence of the Republic, oi: of the date from which he or she performed such service or on which he or she ceased to perform such service, shall be referred to the Minister of Defence [whose deciSion shall be 45 final] for a decision; . . ·(b) · whether any member of the South African Police Service was at any particular time employed in terms of section 7 of the Police Act, 1958, or any other law on service in defence of the Republic, or of the date from which he or she was . . . . .· 12 No. 17599 GOVERNMENT GAZETIE; 22 NOVEMBER 1996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT. 1996 so employed or on which he or she ceased to be so employed, shall be referred to the Minister of [Justice whose decision shall be final] Safety and Security · for a decision.". . . . Amendment of section 13 of Act 45 of 1965, as amended by section 5 of Act 17 of 1973 - 5 - 27 Verify source ↗
Section 13 of the Atmo~pheric Pollution Prevention Act, 1965, is hereby amended
AI-assisted research summary: This section amends section 13 so that a person aggrieved by certain chief officer decisions may appeal to the board within one month, and the board may make an equitable order on the appeal.
27. Section 13 of the Atmo~pheric Pollution Prevention Act, 1965, is hereby amended by the substitution for paragraph (a) ·of subsection (1) of the followingparagraph: "(a) Any person who is 'aggneved by a decision of the chief officer refusing an application for a registration certificate or a provisional registration certificate or cancellilig or suspending a registration certificate or provisional registration 10 certificate or imposing any requirement under subsection (2) or (3) of section 12, may within one monih appeal against such decision to the board, which shall have power to make such order on the appeal as it may consider equitable [and whose decision shall be final].''. Amendment of section 25 of Act 45 of 1965 15 · by the substitution for subsection (1) of the following subsection: - 28 Verify source ↗
Section 25 of the Atmospheric Pollution Prevention Act, 1965, is hereby amended
AI-assisted research summary: People served with certain notices, or aggrieved by certain local authority appeal decisions, may appeal within 30 days to the regional appeal board.
28. Section 25 of the Atmospheric Pollution Prevention Act, 1965, is hereby amended . . "(1) Any person upon whom a notice has been served under se.ction 17 or 19 by a local authority or who is aggrieved by the decision of a local authority on appeal . to it under subsection (3) of section 22, may within 30 days after the date on which 20 such notice was served or such decision was given, appeal against that notice or .. decision to the regional appeal board established under subsection (1) of section 5 · for the area in question,. which may confirm or set aside such notice or decision [and whose decision shall be final], but subject to a right of appeal to the board, provided notice of intention so to appeal is given to the board arid the regional 25 appeal board concerned within 14 days after the decision of such regional appeal · · board was received.''. • ' · · o · ,. " · · · · Amendment of section 35 of Act 45 of 1965 - 29 Verify source ↗
Section 35 of the Atmospheric Pollution Prevention Act, 1965, ls hereby amended
AI-assisted research summary: A person aggrieved by a notice under this Part may appeal to the board within 30 days, or later if the board allows for good reason.
29. Section 35 of the Atmospheric Pollution Prevention Act, 1965, ls hereby amended by the substitution for subsection (1) of the following subsection: · 30 ·' "(1) Any persori who is aggrieved by any notice served upon him or her under this Part may within 30 days after the date on which such notice was served ·or within such extended period as the board may for good and sufficient reason allow, .lodge an appeal with the board against the notice, and the board may thereupon confirm, modify or set aside such notice [and its decision shall be final].''. . ' ' ' 35 Amendment of section 38 of Act 45 of 1965, as substituted by section 15 ofAct 17 of1973 · · - 30 Verify source ↗
Section 38 of the Atmospheric Pollution Prevention A~t, 1965, is hereby amended
AI-assisted research summary: A person aggrieved by a notice under section 37(2) may appeal to the board within 14 days, and the board may confirm, modify, or set aside the notice.
30. Section 38 of the Atmospheric Pollution Prevention A~t, 1965, is hereby amended by the substitution for subsection (1) of the following subsection: . · · · · "(1) Any person who is aggrieved by any notice served upon him or her'tinder 40 section 37(2) may, within 14 days after the date on which such notice was served or within such further extended period as the board may for good and sufficient reason allow, lodge an appeal with' the board against the notice, and the board may thereupon confirm, modify or set aside such notice[, and its decision shall be final].". · · . . ' 45 : ! . -: .. Repeal of sectio'n 18 of A~t 59 of 1965 l'• • 31.Section.l8 of the Correspondence Colleges Act, 1965, is hereby repealed. ' . ' I . ' ;. ~- . -. . . . , . : . •, . ' ,.'!· 14 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88,1996 ABOLIDON OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 Substitution of section 25 of Act 101 of 1965 - 32 Verify source ↗
The following section is hereby substituted for section 25 of the Medicines and
AI-assisted research summary: This section substitutes a new section titled “Privileges of council and committees.”
32. The following section is hereby substituted for section 25 of the Medicines and Related Substances Control Act, 1965: "Privileges of council and committees - 25 Verify source ↗
The council or a committee appointed under subsection (l) of section 5
AI-assisted research summary: The council, a committee appointed under section 5(1), or any member of either is not liable for things done in good faith under this Act.
25. The council or a committee appointed under subsection (l) of section 5 9 or any member of the council or of any such committee shall not be liable. in respect of anything done in good faith under this Act.". Amendment of section 18D of Act 3 of 1966, as inserted by section 2 of Act 26 of 1982 and amended by section 1 of Act 64 of 1983 - 33 Verify source ↗
Section 180 of the Community Deve1opmentAct, 1966, is hereby amended by the 10
AI-assisted research summary: This section changes section 180 so that if arbitrators cannot agree, a referee may be appointed by the arbitrators or, if they still cannot agree, by the Minister.
33. Section 180 of the Community Deve1opmentAct, 1966, is hereby amended by the 10 substitution for paragraph (c) of subsection (3) of the following paragraph: "(c) if the said arbitrators are unable to agree, by a referee appointed by the arbitrators or, if no agreement can be reached by them as to the referee, by a referee appointed by the Minister[, and the decision of any such referee shall be final].". 15 Amendment of section 21 of Act 4 of 1966, as amended by section 3 of Act 63 of 1983 - 34 Verify source ↗
Section 21 of the Housing Act, 1966, is hereby amended- ·
AI-assisted research summary: This provision amends the Housing Act, 1966 so that, where arbitrators cannot agree, a referee may be appointed by the arbitrators or, failing agreement, by the Minister.
34. Section 21 of the Housing Act, 1966, is hereby amended- · · (a) by. the substitution for paragraph (c) of subsection (3) of the following paragraph: · "(c) if the said arbitrators are unable to agree, by a referee appointed by 20 the arbitrators or (if no agreement can be reached by them as to the referee) by a referee appointed by the Minister[, and the decision of any such referee shall be final]."; and · (b) by. the substitution for paragraph (c) of subsection (5) of the following paragraph: "(c) if the determination is made by a referee in terms of subsection (3)( c), as directed by him[, and his decision shall be final] or her.". _ 25 Amendment of section 56 of Act 4 of 1966, as amended by section 4 of Act 63 of 1983 . 35. Section 56 of the Housing Act, 1966, is hereby amended- ( a) by the substitution for subparagraph (iii) of paragraph (b) of subsection (3) for 30 the following subparagraph: "(iii) . if the said arbitrators are unable to agree, by a referee appointed by . the arbitrators or (if no· agreement can be reached by them as to the referee) by a referee appointed by the Minister[, and the decision of any such referee shall be final]."; and 35 · (b) by the substitution for paragraph (c) of subsection (5) of the following paragraph: "(c) · if the determination is made by a referee in terms of subsection (3)(iii), as directed by him[, and his decision shall be final] or her.". 40 Amendment of section 85 of Act 4 of 1966, as amended by section 9 of Act 80 of 1968, section 13 of Act 73 of 1970 and section 1 of Act 21 of 1978 - 36 Verify source ↗
Section 85 of the Housing Act, 1966, is hereby amended by the substitution for
AI-assisted research summary: This amendment lets an appeal be made against a local authority’s refusal to grant permission, and allows the Administrator to grant the permission on appeal.
36. Section 85 of the Housing Act, 1966, is hereby amended by the substitution for subsection (5) of the following subsection: "(5) An appeal shall lie against the refusal of any local authority to grant its 45 permission under subsection ( 4); to the Administrator concerned, who may iri upholding such appeal grant the permission which in his or her opinion such local 16 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLffiON OF RESTRICTIONS ON TifE JURISDICTION OF COURTS ACT, 1996 authority should have granted, subject to such conditions (if any) as he or she may deem fit[, and the Administrator's decision shall be final].". Amendment of section 85A of Act 4 of 1966, as inserted by section 10 of Act 80 of 1968 - 37 Verify source ↗
Section 85A of the Housing Act, 1966, is hereby amended by the deletion of 5
AI-assisted research summary: This section amends the Housing Act, 1966 by deleting paragraph (b) of subsection 4 of section 85A and indicates a substitution relating to section 89.
37. Section 85A of the Housing Act, 1966, is hereby amended by the deletion of 5 paragraph (b) of subsection {4). Substitution of section 89 of Act 4 of 1966 · - 38 Verify source ↗
The following section is hereby substituted for section S9 of the Housing Act,
AI-assisted research summary: This section substitutes a new section for section S9 of the Housing Act, 1966, with the heading “Cessions and assignments.”
38. The following section is hereby substituted for section S9 of the Housing Act, 1966: ·- .. "Cessions and assignments .. 10 - 89 Verify source ↗
No ce~sion or assignment by any person. of' any right he or she may
AI-assisted research summary: A person may not assign rights connected to a housing loan or certain Commission contracts unless the Commission gives written consent.
89. No ce~sion or assignment by any person. of' any right he or she may have or acquire in respect of any housing loan or any portion thereof, or in respect" of any contract ·entered into by the Commission under this Act, shall be valid or operative unless such cession· or assignment is made with the · written consent of the Commission[, which shall have absolute discretion 15 in giving or withholding such consent].". Amendment of section 13 of Act 81. of 1967 - 39 Verify source ↗
Section 13 of the Aged Persons Act, 1967, is hereby amended by the substitution
AI-assisted research summary: This section amends earlier Acts. It gives the Minister power to reconsider, vary, or reverse a decision made under subsection (1) at any time.
39. Section 13 of the Aged Persons Act, 1967, is hereby amended by the substitution for subsection (2) of the following subsection: · "(2) The Minister may at any time reconsider and vary or reverse any decision 20 · ·. made by him or her under subsection (1 ). ". ' Amendment of section 90 of Act 28 of 1969, as inserted by section 10 of Act 13 of 1981 ; . . 40. Section 90 of the National Monuments Act, 1969; is hereby amended by the substitution for subsection {3) of the following subsection: 25 . "(3) The decision of the Minister on any appeal lodged with him or her under this section [shall be final and] shall be deemed to be a decision of the council.". Amendment of section 3of Act 96 of 1969, as amended by section 85 of Act 63 of 1975 and section 8 of Act 89 of 1993 · - 41 Verify source ↗
Section 3 of the Expropriation of Mineral Rights (Townships)Act, 1969, is hereby 30
AI-assisted research summary: This section amends Section 3 of the Expropriation of Mineral Rights (Townships) Act, 1969 by deleting subsection (2).
41. Section 3 of the Expropriation of Mineral Rights (Townships)Act, 1969, is hereby 30 amended by the deletion of subsection (2). · . , . . · · Substitution of section 30 of Act 35 of 1970 , .. - 42 Verify source ↗
The following section is hereby substituted for. section 30 of the Architects' Act,
AI-assisted research summary: The council and its members or officials are not liable for acts or duties done in good faith under sections 24, 25, or 26.
42. The following section is hereby substituted for. section 30 of the Architects' Act, .. . . . 1970: . . . . "Liability of council •.I .. 30. [No legal proceewngs, wheth~~ civil or crlminal, shall lie against] The council or any member or official thereof shall not be liable in respect of any act or duty perrormed in good faith in accordance with the provisions of section 24, 25 or 26." .. I . • ' , ·' , !•. Ainendment of section 7 of Act 47 of 1970 · - 43 Verify source ↗
Section 7 of the Wine and Spirit Ci:mtrol Act, 1970, is hereby amended by the
AI-assisted research summary: The board must put its decision and reasons in writing and lodge copies with the Minister, the appellant, and the vereniging.
43. Section 7 of the Wine and Spirit Ci:mtrol Act, 1970, is hereby amended by the substitution for subsection {8) of the following subsection: · "(8) The ~ecision of the board, including any decision as to the cosis_of any ~ ". . 35 40 18 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996. ABOLITION OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 appeal, together with the grounds for such decision, shall be reduced to writing, and copies thereof shall be lodged with the Minister, the appellant and the vereniging, and such decision shall be [final and] binding on the appellant and the vereniging.". ' · · · Amendment of section 29 of Act 18 of 1973, as amended by section 1 of Act 48 of 5 1976, section 3 of Act 10 of 1978, section 9 of Act 51 of 1991, section 33 of Act 129 of 1993 and section 7 of Act 204 of 1993 - 44 Verify source ↗
Section 29 of the Mental Health Act, 1973, is hereby amended by the substitution
AI-assisted research summary: This provision amends two sections of the Mental Health Act, 1973, so that the relevant matter must be confirmed by the Minister.
44. Section 29 of the Mental Health Act, 1973, is hereby amended by the substitution for subparagraph (ii) of paragraph (c) of subsection ( 4A) of the following subparagraph: .. "(ii) · it has been confirmed by the Minister[, whose decision in this regard shall be 10 final].". · Amendment of section 53 of Act 18 of 1973, as amended by section 5 of Act 10 of . 1 • 1978, and section 7 of Act 51 of 1991 . - · 45; Section 53 of th~Mental Health Act, 1973, is hereby amendedliy the substitution for paragraph (b) of subsection (3) of the following "paragraph: ·. . 15 "(b) .it has been confirni.ed by tlie Minister[, whose decision in this regard shall be . . final].". · · · · Am~ndment of section 8 of Act 61 of 1973 - 46 Verify source ↗
Section 8 of the Companies Act, 1973, is hereby amended by the substitution for
AI-assisted research summary: Auditors, liquidators, judicial managers, and provisional judicial managers are not liable for opinions, certificates, reports, statements, accounts, or documents certified in good faith while performing their duties, unless maliciously or negligently made.
46. Section 8 of the Companies Act, 1973, is hereby amended by the substitution for subsection (2) of the following subsection: · · · · · · · · 20 "(2) [No action shall be instituted against] An auditor, liquidator, judicial manager cir provisional judicial manager shall not be liable in respect of any opinion expressed or certificate given or report or statement made or statement, account or document certified by him or her in good faith in the ordinary course of his or her duties under this Act, unless it is proved that such opinion was expressed 25 or such. certificate . was given or such report or statement was made or such · ... ·· statement, account or document was certified maliciously or negligently.". , Amendment of section 178 of Act 61 of 1973, as amended by section 15 of Act 64 of 1977 and section 7 of Act 84 of1980 and substituted by section 10 of Act 29 of1982, section 9 of Act 31 of 1986 and section 3 of Act 78 of 1989 30 - 47 Verify source ↗
Section 178 of the Companies Act, 1973; is heteby amended by the deletion of
AI-assisted research summary: This provision amends section 178 of the Companies Act, 1973 by deleting subsection (2), and notes an amendment to section 179.
47. Section 178 of the Companies Act, 1973; is heteby amended by the deletion of subsection (2). Amendment of section 179 of Act 61 of 1973, as amended by section 16 of Act 64 of. 1977, section 11 of Act 29 of 1982 and section 9 of Act 70 of 1984 · · - 48 Verify source ↗
Section 179 of the Companies Act, 1973, is hereby amended by the substitution 35
AI-assisted research summary: A company that misses the required annual general meeting deadline must pay the Registrar additional fees of 1 rand per day, up to 20 rand.
48. Section 179 of the Companies Act, 1973, is hereby amended by the substitution 35 for subsection (6) of the following subsection: · · "(6) A company which has failed to hold its annual general meeting within the time or extended time prescribed by subsection (1).or (3), or as directed by the Registrar under subsection (4), shall further be liable to pay to the_ Registrar additional fees of one rand for every day during which the default continues but not 40 exceeding a maximum of twenty rand[, and the decision of the Registrar as to the number of days during which the company is~ default shall be final].". Amendment of section 371 of Act 61 of 1973 · 49. Section 371 of the Companies Act, 1973, is hereby amended by the deletion of subsection (4). . . 45 20. No. 17599 GOVERNMENT GAZEITE, 22NOVEMBER 1996 Act No. 88, 1996 ABOLillON OF RESTRicnONS ON TilE JURISDICTION OF COURTS ACT, 1996 Amendment of section 1 of Act 78 of 1973, as amended by section 1 of Act 27 of 1974, section 2 of Act 45 of 1975, section 1 of Act 30 of 1978, section 7 of Act 89 of 1988 and section 1 of Act 208 of 1993 SO. Section 1 of the Occupational Diseases in Mines and Works Act, 1973, is hereby amended by the substitution for the definition of "owner'~ of the following definition:, " 'owner'. in relation to a mine or works, includes the Jessee of the mine or works and any person who has the right, or pas, by virtue of any Jaw or any agreement with the owner of the mine or works, acquired the right, to exploit a mine for his or her own benefit or to operate a works for his or her own benefit; and if the question arises whether a person is, for the purposesof this Act, the owner of a mine or a 10 works, [the J.\.linister's decision regarding ·snch question shall be final] tlie. Minister shall make a decision on such question;". . . . . · · 5 Amendment of section 17 of Act 78 of 1973 . si Secti;n 17 ofth~ Oc~upational Dise~es in Mlnes'and Work~Act,l973,is herebY, amended by the substitution for subsection (4) of the following subsection:. . 15 "(4) For the purposes of subsection (2), [the decision of] the Minister, acting on . the advice of the Government Mining Engineer shall make a 'deCision·, on any question as to whether an asset which is or was held by an owner of a controlled' mine or a controlled works was acquired or created for use in connection with the operation of that mine or works[, shall be final].". 20 Substitution of section 48 of Act 53 of 1974 ·· · - 52 Verify source ↗
The following section is hereby substituted for section 48 of the Pharmacy Act,
AI-assisted research summary: The council and its members or officers are generally not liable for acts done in good faith or duties performed under this Chapter or section 38, unless the Act provides otherwise.
52. The following section is hereby substituted for section 48 of the Pharmacy Act, 1974: "Limitation of liability . ' · 48. Save as is provided in this Act, [no legal proceedings, civil or 25 criminal, shall lie against] the council or any member or officer of the council shall not be liable in respect of any act done in good faith or duty perfo~ed in accordance with this Chapter or section 38." .. Amendment of ~ecti~n 16 of Act 56 of i974,.as'amend~d by section 7 of Aci 58 of 1992 . . . . . 30 - 53 Verify source ↗
Section 16 of the Medical, Dental and Supplementary Health Service Professions
AI-assisted research summary: This section amends section 16 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 by deleting subsection (4).
53. Section 16 of the Medical, Dental and Supplementary Health Service Professions Act, 1974, is hereby amended by the deletion of subsection (4). . . . l • • • . . • ' . Substitutio~ of section 47 of Act 56 of l974 - 54 Verify source ↗
The following section is hereby substituted for section '47 of the Medical, Dental
AI-assisted research summary: The council and its members or officers are not liable for acts done in good faith or duties performed under this Chapter, except where the Act provides otherwise.
54. The following section is hereby substituted for section '47 of the Medical, Dental and Supplementary Health Service Professions Act, 1974: ' 35 ''Limitation of liability ' • ' - ·, • • • ·- w ; ' .. . 47. Save as. is provided in this Act, [no legal proceedings, civil or crimimil, shall lie against] the council or any member or· officer thereof shall not be liable in respect of any act done in good faith or duty performed · in accordance withthis Chapter.". 40 Amendment of section 53 of Act 56 of 1974, as amended by ;ection 9 of Act 52 of 1978; section 3 of Act 38 of 1982 and section 43 of Act 23 of 1993 · · 55. Section 53 of the Medical, Dental and Supplementary Health Service Professions Act, 1974, is hereby amended by the deletion of paragraph (b) of subsection (3). : ·, . 22 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLmON OF RESTR!Cf10NS ON THE JURISDICflON OF COURTS ACf, 1996 Amendment of section 41 of Act 66 of 1974 · ' ;· - 56 Verify source ↗
Section 41 of the Post Office Service Act, 197 4, is hereby amended by the deletion
AI-assisted research summary: Section 41 and section 42 of the Post Office Service Act, 1974 are amended by deleting subsection (2).
56. Section 41 of the Post Office Service Act, 197 4, is hereby amended by the deletion of subsection (2). Amendment of section 42 of Act 66 of 1974 · 57. Section 42 of the Post Office Service Act, 1974, is hereby amended by the deletion of subsection (2). · 5 Amendment of section 5 of Act 2 of 1975 - 58 Verify source ↗
Section 5 of the Abortion and Sterilization Act; 1975, is hereby amended by the
AI-assisted research summary: This provision amends section 5 of the Abortion and Sterilization Act, 1975 by deleting subsection (3).
58. Section 5 of the Abortion and Sterilization Act; 1975, is hereby amended by the deletion of subsection (3). Amendment of section 42 of Act 15 of 1976 · i• 10 - 59 Verify source ↗
Section 42 of the Plant Breeders' Rights Act, 1976, is· hereby amended by the
AI-assisted research summary: This provision amends two earlier sections by deleting specified paragraphs.
59. Section 42 of the Plant Breeders' Rights Act, 1976, is· hereby amended by the deletion of paragraph (b) of subsection (7). :! ' Amendment of section 32 of Act 53 of 1976 - 60. Section 32 of the Plant Improvement Act, 197 6, is hereby amended by the deletion of paragraph (b) of subsection (10). 15 Amendment of section 28 of Act 57 of 1976 . · · · · - 61 Verify source ↗
Section 28 of the National Parks Act, 1976, is hereby amended-
AI-assisted research summary: The board is generally not liable for animal-caused damage in or from a park, except where the damage results from the board’s or an employee’s negligent or intentional act or omission.
61. Section 28 of the National Parks Act, 1976, is hereby amended- ( a) by the substitution for subsection (1) of the following subsection: "(1) [No action shall lie against] The board shall not be liable for the recovery of any damage caused [to any person] by any animal in or from 20 a park, unless such damage is caused by the negligent or intentional act or omission of the board or an employee of the board.". (b) by adding the following subsection after subsection (2): · · · "(3) Notwithstanding the provisions of subsection (2) a division of the Supreme Court may, on good reasons, grant leave for the institution of an 25 action contrary to the directives of those provisions.". Amendment of section 26 of Act 80 of 1976 - 62 Verify source ↗
Section 26 of the Rent Control Act, 1976, is hereby amended by the substitution
AI-assisted research summary: The control board may vary or set aside a decision after considering proceedings submitted by a rent board under section 20(4).
62. Section 26 of the Rent Control Act, 1976, is hereby amended by the substitution for subsection (3) of the following subsection:. "(3) [No appeal shall lie against any decision of the control board, but] The 30 control board may at any. time, after consideration of any proceedings submitted to it by a rent board in terms of the proviso to section 20(4), vary or set aside the decision to which such proceedings relate.". Amendment of section 37 of Act 80 of 1976,· as amended by section 1 of Act 23 of 1989 35 - 63 Verify source ↗
Section 37 of the Rent Control Act, 1976, is hereby amended by the substitution
AI-assisted research summary: If the lessor and lessee cannot agree on damage to the dwelling or the cost of replacing lost keys, the lessor must promptly apply to the rent board for a determination.
63. Section 37 of the Rent Control Act, 1976, is hereby amended by the substitution for subparagraph (i) of paragraph (c) of subsection (3) of the following subparagraph: "(i) if the lessor and the lessee fail to agree on the amount of the damage to the dwelling in question or the cost of replacing any lost keys for which such lessee is liable, the lessor shall forthwith lodge an application with the rent 40 board in question for the determination of the lessee's liability in respect of such damage or replacing[, and any determination so made by such rent board, shall be final];". 24 No. 17599 GOVERNMENT GAZETIE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOUT! ON OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 Amendment of Section 15 of Act 84 of 1976 . • · - 64 Verify source ↗
Section 15 of the Military Pensions Act, 1976, is hereby amended by· the
AI-assisted research summary: A medical appeal board may confirm, increase, or reduce the degree of pensionable disability under appeal when hearing an appeal under this section.
64. Section 15 of the Military Pensions Act, 1976, is hereby amended by· the substitution for subsection (4) of the following subsection: "(4) A medical appeal board considering an appeal in terms of this section may confirm, increase or reduce the degree of the pensionable disability or previous 5 pensionable disability under appeal[, and the decision of the board shall be final in any particular case].". Amendment of section 16 of Act 84 of 1976 - 65 Verify source ↗
Section 16 of the Military Pensions Act, 1976, is hereby amended...:_
AI-assisted research summary: This section amends section 16 of the Military Pensions Act, 1976 by deleting two specified paragraphs.
65. Section 16 of the Military Pensions Act, 1976, is hereby amended...:_ ' I . • .- ' • (a) by the deletimi of paragraph (a) of subsection (5); and (b) by the deletion of paragraph (b) of subsection (6). 10 Substitution of section 20 of Act 84 of 1976 •:· I - 66 Verify source ↗
The following section is hereby substituted for section 20 of the Military Pensions
AI-assisted research summary: The State is not liable for damages for a member’s disablement or death except under this Act, and no court action lies for those damages where this Act provides compensation.
66. The following section is hereby substituted for section 20 of the Military Pensions Act, 1976: · ' · · . · · •. ·· , ' · "Substitution of benefits under this Ac:~ for other legal remedy 15 20. [No action oflaw shall lie against the State to recover damages in respect of the disablement or death of a member where provision is made in this Act for compensation in respect of such death or disablement, and] No liability for compensation [as aforesaid] for damages in respect of the disablement or death of a member shall arise on 20 the part of the State save under the provisions of this Act.". . . ' . . ~ . ' . . Amendment of section 27 of Act 25 of 1977 . ' '67. Section 27 of the Livestock Improvement Act, 1977, is hereby amended by the deletion of paragraph (b) of subsection (10). .. Ainendment of section 111 of Act sf of1977, as amended by section 6 of Act 26 of 25 1987 . ' - 68 Verify source ↗
Section l11 of the Criminal Procedure Act, 1977, is hereby amended by the
AI-assisted research summary: Section 111 of the Criminal Procedure Act, 1977 is amended by deleting subsection (5).
68. Section l11 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of subsection (5). · .. . - Amendment of section 185 of Act 51 of 1977, as amended by section 2 of Act 79 of 1978 .. . . 30 - 69 Verify source ↗
Section 185. of the Criminal Procedure Act, ·1977, is' hereby amended by the
AI-assisted research summary: This provision amends section 185 of the Criminal Procedure Act, 1977 by deleting subsection (8).
69. Section 185. of the Criminal Procedure Act, ·1977, is' hereby amended by the deletion of subsection (8). .. · · Ami.mdment of section 15 of Act 63 of1977, as ame.:.ded by Proclamation No. R.152 . dU~ ' . . . . ' . •. . subsection (4) of the following subsection:. - 70 Verify source ↗
Section 15 of the Health Act, 1977, is hereby amended by the substitution for 35
AI-assisted research summary: A local authority may appeal a recovery to the Minister when an amount due under the section is recovered under subsection (3)(b).
70. Section 15 of the Health Act, 1977, is hereby amended by the substitution for 35 . . . . "(4) Where any amount due by a local authority under this section is recovered under subsection (3)(b ), the local authority may appeal against such recovery to the Minister[, and the Minister's decision shall be final].". . . . . _ . . .. ., '~ . Am~ndmerit of sectio~ 18 of Act 63 of 1977, as amended by Proclamation No. R.l52 40 of1994 71.' Section 18 of the Health Act, 1977, is hereby amended by the substitution for subsection (5) of the following subsection: , . , I · ' 26 No. 17599 GOYERNMENTGAZE~22NOVEMBERI996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 "(5} Where any amount due by a local authority under this section is recovered under subsection (3)(b ), the local authority may appeal against such ~ecovery to the Minister[, and the Minister's decision shall be final].". · Amendment of section 20 of Act 63 of 1977, as amended by section 2 of Act 118 of 1993 and Proclamation No. R. 152 of 1994 . . 5 - 72 Verify source ↗
Section 20 of the Health Act, l977, is hereby amended by the substituti.on for
AI-assisted research summary: If local authorities dispute each other’s powers or duties under paragraph (a) or (b), the matter must be referred to the Minister.
72. Section 20 of the Health Act, l977, is hereby amended by the substituti.on for paragraph (c) of subsection (6) of the following paragraph: · "(c) Where any dispute arises between local authorities with regard to the exercise of their powers or the· perfolmance of their duties in terms of the provisions of paragraph (a) or (b), the matter shall be referred to the Minister [and 10 the decision of the Minister with regard to the matter shall be final].". Amendment of section 22 of Act 63 of 1977 - 73 Verify source ↗
Section 22 of the Health Act, 1977, is he~eby ·ainended by the substitution for
AI-assisted research summary: Disputes between local authorities about a regional medical officer of health must be referred to the Minister, whose decision is final. Certain officials and authorized persons are not liable for acts done in good faith under the Act.
73. Section 22 of the Health Act, 1977, is he~eby ·ainended by the substitution for subsection (6} of the following subsection:. , "(6) If any dispute arises between local authorities in connection with the 15 ... appointment, duties or remuneration of a regional medical officer of health or in connection with any other matter concerning him or her, the matter shall be referred to the Minister [and the Minister's decision shall be final).". Substitution of section 58 of Act 63 of 1977 · 74. The ~oil owing seCtion is h~rebysubsiituted for section 58 of theHe~thAct, 1977: 20 "Restrictio~ upon legal proceedings . . 58. [No legal proceedings shall lie against] The State, ihe Minister, a . person in the service of the Sti.ie·, a provincial administration, a person in the service of a provincial administration, a local authority, a person in the service of a local authority or any person generally or specially authorized 25 by the State, a provincial administration or a local authority to perform any · function in terrris of this Act, shall not be liable for'an}'thing. done in good faith under this Act.". · ' ' ) .. Anieiidment of section .63 of Act 63 ofi977, as ;wended by s'ection 1 of Act 18of . . . . 30 1979 - 75 Verify source ↗
Section 63 of the H~alth Act, 1977, is hereby am~nded by the substitUtion for
AI-assisted research summary: If the parties cannot reach the agreement mentioned in paragraph (d), the matter must be referred to the Minister, whose decision is final.
75. Section 63 of the H~alth Act, 1977, is hereby am~nded by the substitUtion for paragraph (f) of subsection (4) of the following paragraph: · · . "(f) If an agreement contemplated in paragraph (d) cannot be reached, the matter .. shall be referred to the Minister [and the decision of the MiniSter with regard to the matter shall be final].". · · · ·' · · ' 35 Substitution of section 40 of Act 7 4 of 1977 ' : 76 •. The following section is hereby substituted, for section 40 of the Road Transportation-ACt, 1977: '·' ' '· " · "Limitation of liability 40. [No civil or criminal proceedin'gs shall be instituted 0~ continuect 40 in any court of law against- (a)] ill Any authorized officer or the employer of any authorized officer shall not be liable by reason of any act done in goOd faith by any authorized officer or the employer of any authorized officer in terms of this Act. [(b)] ill The holder of a public permit or any employee of such holder who 45 is in charge of the motor vehicle to which such perrnii relates, shall not be · · . . . · } ·;· ' 28 No. 17599 GOVERNMENT GAZEITE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON TilE JURISDICTION OF COURTS ACT, 1996 · liable by reason of any act done in good faith by such holder or employee [in order. to give effect to] . in accordance with any· condition or · requirement; contained in that permit, relating to the conveyance in such vehicle or any portion thereof of a particular class of persons.". Amendment of section 15 of Act 50 of 1?78, as amended by section ?of Act 21 of 5 1??2 :• . . .. 77. Section 15 of the Nursing Act, 1978, is hereby amended by the deletion of subsection (4). . Substitution of section 34 of Act 50 of 1978 . 78. The followlng. section is hereby. substituted for section 34 of the N~rsing Act, 1978: .. . . . . . . '· . ' . . ·' . ' ' . " I 0 "Limitation of liability - 34 Verify source ↗
Sav~ as provided in this Act, [.;_o ·legal proceedings, civil or
AI-assisted research summary: The council, its committee, and their members or officers are not liable for acts done in good faith or duties performed under this Chapter, except as otherwise provided in the Act.
34. Sav~ as provided in this Act, [.;_o ·legal proceedings, civil or criminal, shall lie against] the council or a committee of the council or any member or officer thereof shall not be liable in' respect of any act done in 15 good faith or duty' performed in accordance with this Chapter.".· Am~ndment of section 39 of Act 50 of 1978, as amended by section 44 of Act 23 of 1993 ;,: •' - 79 Verify source ↗
Section 39 of the Nursing Act, ,1978, is hereby amended by the deletion of
AI-assisted research summary: This provision amends section 39 of the Nursing Act, 1978 by deleting paragraph (b) of subsection (3).
79. Section 39 of the Nursing Act, ,1978, is hereby amended by the deletion of paragraph (b) of subsection (3). · · · · · · 20 Amendment of section 25 of Act 110 of 1978 . - 80 Verify source ↗
Section 25 of the Social )York Act, 1978, is hereby amended by the deletion of
AI-assisted research summary: This section amends the Social Work Act by deleting subsection (6) of section 25 and replacing section 26 with a liability-limitation provision.
80. Section 25 of the Social )York Act, 1978, is hereby amended by the deletion of s~~section (6). · · · ' · · · · · ' ' · · · · .· · · · · · Substit~tio~of sectlon i6 of Act 110 of 1978 . ~ ' ':. : ; . 81~ The following section is hereby s~bsiituted for section 26 ofthe Social Work Act, 25 1978: ' ' . '.... " . ~ . . . . ·.· .,, . . ; . . ' . . ; ' ' ;-' . . - . ' ·.' ' . . ' , .-. .· . ' ' '. . "Limitation of liability • , i ' ; . 1 • • 26; subJ~ct to th~ provisions :of this Act;l~o Jeg~i proceedhigs; wlieth~r civil or criminal, shall lie against] the. council or a committee or 'ariy member or officer thereof shall not be liable in respect of anything done in 30 ' good faith in terms of this Act.". · · · ' ·l . J ' \ Anienilment of ·section 16 of Act 19 or 1979 - 82 Verify source ↗
Section 16 of the Dental Technicians Act, 1979, is hereby amended by the" deletion
AI-assisted research summary: This section amends Section 16 of the Dental Technicians Act, 1979 by deleting subsection (4).
82. Section 16 of the Dental Technicians Act, 1979, is hereby amended by the" deletion of subsection (4). <! .. Amendment of section 6 of Act 76 of 1979 - 83 Verify source ↗
Section 6 of the Slums Act, 1979, is hereby amended by the deletion of paragraph
AI-assisted research summary: Section 83 amends section 6 of the Slums Act, 1979 by deleting paragraph (b) of subsection (9).
83. Section 6 of the Slums Act, 1979, is hereby amended by the deletion of paragraph (b) of subsection (9). Amendment of section 20 of Act 76 of 1979 · ' 84.' Section 20 of the Slums Act, 1979; is hereby amended by the. substitution for subsection (3) of the followi'ng subsection:· · · · · : '. · ' _. "(3) If the slum clearance court ~efuses the application, the owner may within a . i .·, '· . . . ' ' ' , .. • L 35 40 30 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLffiON OF RESTRICTIONS ON TilE JURISDICTION OF COURTS ACT, 1996 period of 10 days after such refusal appeal to the Minister[, and the decision ofthe Minister on such appeal shall be final]: Provided that the Minister shall not direct that any such declaration be rescinded unless he or she is satisfied that the nuisance has been removed and that adequate steps to prevent a recurrence of the nuisance have been taken and that all expenses and costs referred to in subsection (2)(b) have been reimbursed to the local authority or that satisfactory provision for the reimbrirsement has been made.". Amendment of section 25 of Act 76 of 1979 - 85 Verify source ↗
Section 25 of the Slums Act, 1979, is hereby amended by the deletion of
AI-assisted research summary: Section 25 of the Slums Act, 1979 is amended by deleting subsection (7).
85. Section 25 of the Slums Act, 1979, is hereby amended by the deletion of subsection (7). Amendment of section 10 of Act 96 of 1979, as amended by section 3 of Act 5 of 1986 and substituted by section 5 of Act 88 of 1990 5 10 - 86 Verify source ↗
Section 10 of the Maintenance and Promotion of Competition Act, 1979, is hereby
AI-assisted research summary: The Minister may amend or withdraw a notice, if the board recommends it, and this can be done at any time.
86. Section 10 of the Maintenance and Promotion of Competition Act, 1979, is hereby amended by the substitution for subsection (6) of the following subsection: "(6) Any notice under subsection (5) may upon the recommendation of the 15 board be amended or withdrawn by the Minister at any time[, and shall not be subject t~ review by or appeal to any court of law].". Amendment of section 15 of Act 96 of 1979 - 87 Verify source ↗
Section 15 of the Maintenance and Promotion of Competition Act, 1979, is hereby
AI-assisted research summary: This section amends section 15 of the Maintenance and Promotion of Competition Act, 1979 by deleting subsection (13).
87. Section 15 of the Maintenance and Promotion of Competition Act, 1979, is hereby amended by the deletion of subsection (13). Amendment of section 30 of Act 6 of 1981, as amended by section 2 of Act 63 of 1987 and section 5 of Act 9 of 1990 . . . - 88 Verify source ↗
Section 30 of the Prevention and Combating of Pollution of the Sea by Oil Act,
AI-assisted research summary: A person may appeal to the Minister against a Director-General determination or order if a penalty over R500 is imposed, and the appeal must be made within 3 months.
88. Section 30 of the Prevention and Combating of Pollution of the Sea by Oil Act, 1981, is hereby amended by the substitution for subsection (4) of the following subsection: .. . . · " ( 4) There shall be a right of appeal to the Minister[, whose decision shall be final,] from a determination or order of the Director-General under subsection (3) whereby a penalty exceeding R500 is imposed, provided such right is exercised within a period of 3 months from the date of such determination or order.". · Amendment of section 7 of Act 54 ~f 1981 · 20 25 30 - 89 Verify source ↗
Section 7 of the Unit Trusts Control Act, 1981, is hereby amended by the
AI-assisted research summary: If a management company disagrees with a stock-broker’s price, it must refer the matter to the stock exchange committee, which sets the fair market price.
89. Section 7 of the Unit Trusts Control Act, 1981, is hereby amended by the substitution for subsection (2) of the fo11owing 'subsection: · · "(2) If such management company does not agree with the price determined by .... any such,stock-broker, it shall refer the matter to the committee of the stock . _ exchange concerned, which ~hall thereupon determine the fair market price for 35 such securities [and whose decision shall be final].". Amendment of section 22 of Act 68 of 1981 as amended by section 10 of Act 51 of 1983 . . • ' . _. ,' • .I. .. - ' L ; • . • • ·.' . - 90 Verify source ↗
Section 22 of the Alienation of Land Act, 1981, is hereby amended by the
AI-assisted research summary: If a trustee, executor, or liquidator rejects an offer, the affected person may appeal to the Master of the Supreme Court.
90. Section 22 of the Alienation of Land Act, 1981, is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph: 40 "(b) If a trustee, executor or liquidator refuses or fails to accept any offer by the person concerned in respect of arrangements contemplated in subsection (1), that person may appeal to the Master of the Supreme Court under whose supervision the owner is being liquidated or his or her estate is being sequestrated[, and the decision of the Master in respect of the matter shall be final].". . - 45 Amendment of section 231 of Act 91 of 1981 ' .. - 91 Verify source ↗
Section 231 of the Co-operatives Act, 1981, is hereby amended by the deletion of
AI-assisted research summary: This provision amends section 231 of the Co-operatives Act, 1981 by deleting subsection (2).
91. Section 231 of the Co-operatives Act, 1981, is hereby amended by the deletion of subsection (2).- · · 32 No. 17599 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLmON OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 Amendment of section 14 of Act 104 of 1981, as amended by section 9 of Act 6 of 1984 and section 12 of Act 44 of 1989. - 92 Verify source ↗
Section 14 of the. Technical Colleges Act, 1981, is hereby amended by the
AI-assisted research summary: This amendment makes any refusal or withdrawal under the specified proviso subject to appeal to the Head of Education.
92. Section 14 of the. Technical Colleges Act, 1981, is hereby amended by the substitution for the proviso to subsection (2) of the following proviso:,. · "Provided that any such refusal or withdrawal shall be subject to appeal to the 5 Head of Education[, whose decision shall be final].". Amendment of section 16A of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 . - 93 Verify source ↗
Section 16A of the Chiropractors, Homeopaths and Allied Health Service
AI-assisted research summary: This provision amends Section 16A by deleting subsection (4).
93. Section 16A of the Chiropractors, Homeopaths and Allied Health Service Professions Act,1982, is hereby amended by the deletion of subsection (4). 10 Amendment of section 38A of Act 63 of 1982, as inserted by section 23 of Act 108 of 1985 . - 94 Verify source ↗
Section 38A of· the Chiropractors, Homeopaths and Allied Health Service
AI-assisted research summary: This provision amends section 38A of the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 by deleting paragraph (b) of subsection (3).
94. Section 38A of· the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, is hereby amended by-the deletion of paragraph (b) of subsection (3), . . 15 Amendment of section 21 of Act 43 of 1983 - 95 Verify source ↗
Section 21 of the Conservation of Agncultural R~sources Act, l 983, is hereby
AI-assisted research summary: This section amends section 21 of the Conservation of Agricultural Resources Act, 1983 by deleting paragraph (d) of subsection (5).
95. Section 21 of the Conservation of Agncultural R~sources Act, l 983, is hereby amended by the deletion of paragraph (d) of subsection (5). · Amendment of section 42 of Act 74 ~f 1983, as substituted by section 15 of Act 86 of 1991 - i. ' 20 - 96 Verify source ↗
Section 42 of the Child Care Act, 1983, is hereby amended by the substitUtion for
AI-assisted research summary: The section amends another section and says dentists, medical practitioners, nurses, and social workers are not liable for notifications made in good faith under this section.
96. Section 42 of the Child Care Act, 1983, is hereby amended by the substitUtion for subsection (6) of the following subsection: , · "(6) [No legal proceedings shall lie against] Any dentist, medical practitioner, nurse or social worker shall not be liable in respect of any notification given in good faith in accordance with this section.". 25 Substitution of section 32 of Act 19 of 1984 - 97 Verify source ↗
The ,foll~wing section is h~reby substituted for section 32 of the Town and
AI-assisted research summary: The council, its members, and officers are not liable for acts or duties done in good faith under sections 25, 26, or 27.
97. The ,foll~wing section is h~reby substituted for section 32 of the Town and Regional Planners Act, 1984: "Liability of council - - - . 32. [No legal proceedings, whether civil or criminal, shall lie against] 30 The council or any member or officer thereof shall not be liable in respect . of any act or duty performed in good faith in accordance with the provisions of section 25,26 or 27." ... Amendment of section 23 of Act 35 of 1984 ' - 98 Verify source ↗
Section 23 of the Animal Diseases Act, 1984, is hereby amended by the deletion 35
AI-assisted research summary: The council, its members, and its employees are not liable for acts or duties done in good faith under the Act.
98. Section 23 of the Animal Diseases Act, 1984, is hereby amended by the deletion 35 of paragraph (d) of subsection ( 4) . . Substitution of section 37 of Act 40 of 1984 .99. The following section is hereby substituted for section 37 of the Professional and Technical Surveyors' Act, 1984: "Liability of council ,• 40 37. [No legal proceedings, whether civil or criminal, shall lie against] The council or any member thereof or any person in its employment shall not be liable in respect of any act or duty performed in' good faith in accordance with the provisions of this Act.". . ,, · · 34 No. 17599 GOVERNMENTGAZE~22NOVEMBERI996 Act No. 88, 1996 ABOLffiON OF RESTRICTIONS ON THE WRISDICTION OF COURTS ACT, 1996 Amendment of section 6A of Act 115 of 1984, as inserted by section 7 of Act 106 of 1987 - 100 Verify source ↗
Section 6A of the Remuneration of Town Clerks Act, 1984, is hereby amended
AI-assisted research summary: This section amends section 6A of the Remuneration of Town Clerks Act, 1984 by deleting subsection (12).
100. Section 6A of the Remuneration of Town Clerks Act, 1984, is hereby amended by the deletion of subsection (12). Substitution of section 75 of Act 56 of 1986 5 - 101 Verify source ↗
The following section is hereby substituted for section 75 of the Diamonds Act,
AI-assisted research summary: The Board decides disputes about whether a diamond is unpolished or polished for export purposes, and certain electricity users and dispute parties have a right to appeal regulator decisions to the Minister.
101. The following section is hereby substituted for section 75 of the Diamonds Act, 1986: "Board's decision on unpolished or polished diamonds . 75. If in connection with the export of diamonds the question arises whether any diamond is an unpolished or a polished diamond the [Board's 10 · decision thereon shall be final] Board shall decide such question.':. Amendment of section 21 of Act 41 of 1987 · : 102. Section 21 of the Electricity Act, 1987, is hereby amended by the substitution for subsection (I) of the following subsection: . "(I) Any undertaker, local authority or consumer or any number of consumers 15 purchasing I 00 megawatt-hours of electricity per annum or more, or any number of consumers exceeding 10, or a party to a dispute settled by the regulator in terms of section 4(1 )(c), shall have a right of appeal from a decision of the regulator to the Minister[, whose decision shall be final].". · Amendment of section 22 of Act 12 of 1988 ... _,_._ •• ;" 20 - 103 Verify source ↗
Section 22 of the Sea Fishery Act, 1988, is hereby amended by the substitution
AI-assisted research summary: The board must reconsider a quota allocation decision if an aggrieved person asks in writing within 30 days after the decision is published.
103. Section 22 of the Sea Fishery Act, 1988, is hereby amended by the substitution for paragraph (a) of the following paragraph: • . "(a) If any person is aggrieved by a decision of the board with regard to the allocation or non-allocation of a quota, the board shall, at the written request of such person to the board within 30 days after the publication of such decision, 25 reconsider such decision[, and the decision of the board after such reconsidera· tion shall be final].''. Amendment of section 36 of Act 12 of 1988, as amended by section 7 of Act 98 of 1990 and section 13 of Act 57 of 1992 . - 104 Verify source ↗
Section 36 of the Sea Fishery Act, 1988, is hereby amended by the deletion of 30
AI-assisted research summary: This section amends section 36 of the Sea Fishery Act, 1988 by deleting paragraph (b) of subsection (7).
104. Section 36 of the Sea Fishery Act, 1988, is hereby amended by the deletion of 30 paragraph (b) of subsection (7). Amendment of section 26 of Act 97 of 1990, as amended by secti01i 8 of Act 41 of ~n - . . - 105 Verify source ↗
Section 26 of the Financial Services Board Act, 1990, is hereby aniended by the
AI-assisted research summary: This section amends section 26 of the Financial Services Board Act, 1990 by deleting subsection (13).
105. Section 26 of the Financial Services Board Act, 1990, is hereby aniended by the deletion of subsection (13). 35 Substitution of section 24 of Act 114 of 1990 - 106 Verify source ↗
The following section is hereby substituted for section 24 of the Engineering
AI-assisted research summary: The council, its members, and officials are not liable for acts or duties done in good faith under sections 18, 19, or 20.
106. The following section is hereby substituted for section 24 of the Engineering Profession of South Africa Act, 1990: "Liability of council 24. [No legal proceedings, whether civil or criminal, shall lie against] 40 The council or any member or official thereof shall not be liable in respect of any act or duty performed in good faith in accordance with the provisions of section 18, 19 or 20.''. 36 No. 17599 GOVERNMENT GAZETIE, 22 NOVEMBER 1996 Act No. 88, 1996 ABOLITION OF RESTRICTIONS ON THE JURISDICTION OF COURTS ACT, 1996 Substitution of section 26 of Act 80 of 1991 - 107 Verify source ↗
The following section is hereby substituted for section 26 "of the Public
AI-assisted research summary: The board, and its members or officials, are protected from criminal or civil proceedings and liability for acts or duties done in good faith under the listed sections.
107. The following section is hereby substituted for section 26 "of the Public Accountants' and Auditors' Act, 1991: "Privileges of board 26. [No legal proceedings, whether criminal or civil, shall lie against) 5 The board or any member or official thereof shall not be liable in respect of any act or duty performed in good faith in accordance with the provisions of section 13(i)(o), 20, 22,23 or 24.". Amendment of section 52 of Act 122 of 1992 - 108 Verify source ↗
Section 52 of the Audit Arrangements Act, 1992, is hereby amended by the 10
AI-assisted research summary: A division of the Supreme Court may, for good reasons, allow an action to be brought even if that would otherwise go against subsections (1) and (2).
108. Section 52 of the Audit Arrangements Act, 1992, is hereby amended by the 10 addition of the following subsection: "(3} Notwithstanding the provisions of subsections (1} and (2), a division of the Supreme Court may, on good reasons, grant leave for the institution of an action, contrary to the directives of those provisions.". · Short title 15 - 109 Verify source ↗
This Act shall be called the Abolition of Restrictions on the Jurisdiction of Courts
AI-assisted research summary: This section gives the short title of the Act.
109. This Act shall be called the Abolition of Restrictions on the Jurisdiction of Courts Act, 1996.' I · .
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Abolition of Restrictions on the Jurisdiction of Courts Act
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