Published: 1959-01-01
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Application of certain Cape Statutes to Botswana to be discontinued
3. Saving
4. Extent of continuance
Proc. 2, 1959,
Cap. 36, 1959,
L.N. 84, 1966.
An Act to provide that certain laws of the Colony of the Cape of Good Hope which are in force in Botswana but are obsolete, or otherwise unnecessary in the circumstances of Botswana, should no longer be in force therein.
[Date of Commencement: 1st January, 1959]
This Act may be cited as the General Law (Cape Statutes) Revision Act.
[Ch1404s2]2. Application of certain Cape Statutes to Botswana to be discontinued
All laws enacted by the legislative authority of the Colony of the Cape of Good Hope, in force in Botswana by virtue of the provisions of the General Law Proclamation, 1909, other than-
(a) laws which, notwithstanding that they may have been made before the 10th day of June, 1891, have been applied to Botswana, or to anything in Botswana, by some other law; and
(b) the laws specified in the Schedule (to the extent set out in the third column thereof),
shall from the commencement of this Act no longer be in force in Botswana.
Nothing in this Act shall-
(a) revive anything not in force or existing at the date of its commencement;
(b) affect the previous operation within Botswana of any law the application of which to Botswana is hereby discontinued;
(c) affect any right, privilege, obligation or liability (other than a liability to criminal prosecution or the right to bring such a prosecution) acquired, occurred or incurred under any law so discontinued;
(d) be construed as affecting the continued application of the Roman-Dutch common law in Botswana, or of any other laws other than enactments of the legislative authority of the Colony of the Cape of Good Hope which were in force in the Colony of the Cape of Good Hope on the 10th day of June, 1891, and were in force in Botswana on the 1st January, 1959.
[Ch1404s4]4. Extent of continuance
The laws continuing in force by virtue of section 2(a) and the Schedule, shall so continue mutatis mutandis, and so far as they are not inapplicable.
SCHEDULE
Number and Year of Law
Subject Matter
Extent to which it (subject to the provisions of the General Law Proclamation, 1909), remains in force
1. Ordinance 62, 1829
Age of Majority
The whole.
2. Ordinance 72, 1830
Law of Evidence
The preamble, sections 1-4, 6, 13, 17, 19, 25, 32, 34-40, 42, 43-48, insofar as they do not relate to or affect evidence or witnesses in criminal proceedings.
5. Act 4, 1861
Law of Evidence
The preamble, sections 4, 7-9, 10 (excluding the proviso), 12, 13, 15-18, insofar as they do not relate to or affect evidence or witnesses in criminal proceedings.
6. Act 5, 1861
Tacit Hypothecs
The whole.
7. Act 26, 1873
Law of Inheritance
The whole.
8. Act 23, 1874
Law of Inheritance
The whole.
9. Act 21, 1875
Antenuptial Contracts
The preamble, sections 1, 2, 5, 9-13.
10. Act 21, 1877
Law of Evidence
The whole insofar as it does not relate to or affect evidence in criminal proceedings.
11. Act 8, 1879
General Law Amendment
The preamble, sections 2-4, section 6 insofar as it does not affect inferior courts, sections 8 and 9.
12. Act 10, 1879
Powers of Attorney
The whole, excluding section 1.
13. Act 29, 1879
Lunatics
The whole, excluding section 4.
14. Act 41, 1882
Telegraphic Messages
The preamble, sections 1, 2, insofar as they do not relate to criminal warrants, summonses and other criminal process, section 8.
15. Act 5, 1884
Transfer Duty
The whole, as amended by the Transfer Duty Reduction Act, 1896, applied to Botswana by section 5 of the Land Registration and Transfer Proclamation (Chapter 89 of 1948) and as amended by the Bechuanaland Transfer Duty (Amendment) Proclamation, 1955 (85 of 1955).
