General Law (Cape Statutes) Revision

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1491

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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]







[Ch1404s1]1. Short title

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.

[Ch1404s3]3. Saving

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).