Repeal of the Black Administration Act and Amendment of Certain Laws Act [No. 28 of 2005]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 490 Cape Town 12 April 2006 No. 28726
THE PRESIDENCY No. 350 12 April 2006
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 28 of 2005: Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005.

GENERAL EXPLANATORY NOTE:
] Words in bold type in square brackets indicate omissions from existing enactments.
[
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 7 April 2006.)
ACT To repeal the provisions of the Black Administration Act, 1927, incrementally; to amend the Administration of Estates Act, 1965, so as to give the Masters of the High Courts jurisdiction over the property of all minors, including those who are governed by the principles of customary law; and to provide for matters connected therewith.
PREANIBLE
SINCE the Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, was adopted so as to- * establish a society based on democratic values, social and economic justice, equal-
ity and fundamental human rights; improve the quality of life of all citizens; and free the potential of each person by every means possible;
AND SINCE the Black Administration Act, 1927 (the Act), is regarded as a law that- * is repugnant to the values set out in the Constitution, particularly section 1 and the
is reminiscent of past divisions and discrimination; and ought to be repealed as a matter of the utmost urgency;
Bill of Rights in Chapter 2 thereof;
AND SINCE the repeal of some provisions of the Act, in the interests of legal cer- tainty and good governance, necessitates the incremental approach adopted hereun- der, by repealing those provisions of the Act requiring legislative alternatives on a fixed and reasonably foreseeable future date or on such date as the legislative alterna- tives are implemented by the role players in question, whichever occurs earlier,
4 No. 28726 GOVERNMENT GAZETTE, 12 APRIL 2006
Act No. 28,2005 REPEAL OF THE BLACK ADMINISTRATION ACT AND AMENDMENT OF CERTAIN LAWS ACT. 2005
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, B as follows:- Repeal of Act 38 of 1927 and savings
1. (1) Sections 1,2(1), (2), (3), (5 ) , (6) and (9), 3,5(l)(a), 11(3)(a), 11A, 21A, 23(1), (2), (3), (59, (6), (7)(b), (8), (91, (10)(a), (b), (c), ( e ) and 07 and (111, 26(1), 27, 31,33, 34 and the Second Schedule of the Black Administration Act, 1927 (Act No. 38 of 1927) (hereafter referred to as the Act), are hereby repealed.
(2) Section 2(7), (7)bis, (7)ter and (8) of the Act is hereby repealed on- (a) 31 July 2006; or (b) such date when the last of the provinces of-
(i) KwaZulu-Natal; (ii) Free State;
(iii) Mpumalanga; (iv) North West; (v) Limpopo; and
(vi) Eastern Cape, have repealed those provisions that were assigned to them or their equivalent and have enacted and implemented corresponding provincial legislation regulating the matters dealt with in section 2(7), (7)bis, (7)ter and (8) of the Act in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), within their areas of jurisdiction,
whichever occurs first.
Third Schedule of the Act are hereby repealed on- (3) Sections 12( l), (2), (3), (4) and (6) and 20( I), (2), (3) , (4), (5 ) , (6) and (9) and the
(a) 31 July 2006; or (b) such date as national legislation to further regulate the matters dealt with in
sections 12( l), (2), (3), (4) and (6) and 20( l), (2), (3), (4), (3, (6) and (9) and the Third Schedule of the Act is implemented,
(4) Section 22(7) and (8) of the Act is hereby repealed on- whichever occurs first.
(a) 31 July 2006; or (b) such date as national legislation to further regulate the matters dealt with in
section 22(7) and (8) of the Act is implemented, whichever occurs first.
(5) Section 24 of the Act is hereby repealed on- (a) 31 July 2006; or (b) such date as provincial legislation in the province of KwaZulu-Natal in order
to further regulate the matters dealt with in section 24 of the Act is implemented,
whichever occurs first. (6) Any--
(a) proclamation made under section 25( 1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991), in an area, including a former self-governing temtory;
(b) regulation made under section 30(2) of the Act or any by-law made under section 30A( 1) of the Act and in force immediately prior to the commence- ment of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 19911, in an area, including a former self-governing temtory,
which has not been repealed in terms of section 87 of the said Abolition of Racially Based Land Measures Act, 1991, is hereby repealed on-
(i) 31 July 2006; or (ii)
whichever occurs first. (7) Sections 32, 35, 36, 37, the long title and First Schedule of the Act are hereby
repealed subject to the repeal of all the provisions referred to in subsections (1) to (6). (8) (a) The repeal of any section, including sections 11A, 31, 34 and the Second
Schedule of the Black Administration Act, 1927, by this Act must not be construed as derogating from any right which was acquired in terms of any section of the Black Administration Act, 1927, prior to the repeal thereof by this Act.
such date as it is repealed by a competent authority,
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6 No. 28726 GOVERNMENT GAZETTE, 12 APRIL 2006
Act No. 28,2005 REPEAL OF THE BLACK ADMINISTRATION ACT AND AMENDMENT OF CERTAIN LAWS ACT, 2005
(b) The Registrar of Deeds having jurisdiction must, without charge, remove any restrictive condition contained in a deed which was imposed by virtue of the operation of section 34 of the Black Administration Act, 1927, and contemplated in the Second Schedule thereto, if the Minister responsible for land affairs in writing approves an application by the owner of the land in question for such removal. 5
Amendment of section 4 of Act 66 of 1965, as amended by section 1 of Act 86 of 1983, section 26 of Act 57 of 1988, section 4 of Act 20 of 2001 and section 2 of Act 47 of 2002
2. Section 4 of the Administration of Estates Act, 1965, is hereby amended by the
“(2) In respect of the property belonging to a minor, including property of a minor governed by the principles of customary law, or property belonging to a person under curatorship or to be placed under curatorship, jurisdiction shall lie- (a) in the case of any such person who is ordinarily resident within the area of
jurisdiction of a High Court, with the Master appointed in respect of that area; 15 and
(b) in the case of any such person who is not so resident, with the Master appointed in respect of any such area in which is situate the greater or greatest portion of the property of that person:
Provided that- 20 (i) a Master who has exercised jurisdiction under paragraph (a) or (b) shall
continue to have jurisdiction notwithstanding any change in the ordinary residence of the person concerned or in the situation of the greater or greatest portion of his or her property; and
(ii) in the case of any mentally ill person who under the Mental Health Act, 25 1973 (Act No. 18 of 1973), has been received or is detained in any place, jurisdiction shall lie with the Master who, immediately prior to such reception or detention, had jurisdiction in respect of his or her property under paragraph (a) or (b).”.
substitution for subsection (2) of the following subsection: 10
Short title 30
3. This Act shall be called the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005.