wcp8039_3March1982.tif
REGISTRAR SUPREME COURT
-03 03 1'982
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
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VoL. 201] KAAPSTAD, 3 MAART 1982
CAPE TOWN, 3 MARCH 1982 [No. 8039
KANTOOR VAN DIE EERSTE MINISTER OFFICE OF THE PRIME MINISTER
No. 330. 3 Maart 1982. No. 330. 3 March 1982.
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg het aan die onderstaande Wet wat 1 rby ter algemene inligting gepubliseer word:-
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
No. 6 van 1982: Suid-Afrikaanse Vervoerdienstewysi- No. 6 of 1982: South African Transport Services gingswet, 1982. Amendment Act, 1982.
GOVERNMENT GAZETTE, 3 MARCH 1982 No. 8039 3
SOU1H AFRICAN TRANSPORT SERVICES AMENDMENT ACT, 1982
Act No. 6, 1982
GENERAL EXPLANATORY NOTE:
[ J Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in existing enactments.
ACT To amend section 1 of the Railways and Harbours Pensions
Amendment Act, 1941, section 1 of the Railways and Harbours Service Act, 1960, section 1 of the Level Crossings Act, 1960, section 1 of the Railways and Harbours Pensions Act, 1971, section 1 of the Railways and Harbours Pensions for Non-Whites Act, 1974, section 1 of the Railways and Harbours Finances and Accounts Act, 1977, and section 1 of the South African Transport Services Act, 1981, so as to substitute the definition of "General Manager"; to amend section 16 of the Railways and Harbours Service Act, 1960, so as to provide for the creation of the grade "Ieamer train driver" and the abolition of the grade "telegraphist"; to amend section 32 and substitute section 32B of the said Act so as to substitute a mediCal scheme for the present sick fund; to insert a section 9A in the Railways and Harbours Pensions Act, 1971, so as to provide for the recovery of amounts. from annuitants in respect of the medical scheme; to amend section 3 of the Railways and Harbours Pensions for Non-Whites Act, 1974, so as to authorize the South African Transport Services to increase annuities from time to time; to amend sections 6, 7 and 18 of the Railways and Harbours Finances and Accounts Act, 1977, so as to provide for certain financial procedures; to insert a section 17 in the said Act so as to authorize the South African Transport Services to trade in negotiable instruments and to lend or advance moneys; to amend section 29 of the Railways and Harbours Acts Amendment Act, 1981, and section 12 of the Second Railways and Harbours Acts Amendment Act, 1981, so as to determine the dates of commencement; to substitute section 51 of the South African Transport Services Act, 1981, so as to provide for any person to be appointed as a reservist in the South African Railways Police; to amend section 61 of the said Act so as to make the making of false fire alarms and the illegal use of fire-fighting equipment criminal offences; and to provide for incidental matters.
(Afrikaans text signed by the State President.) (Assented to 16 February 1982.)
BE IT ENACIED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
1. Section 1 of the Railways and Harbours Pensions Amend- Amendment of ment Act, 1941, is hereby amended by the substitution for the section 1 of
5 definition of "Genefal Manager" of the following definition: Act 26 of 1941, as amended by section 2 of
GOVERNMENT GAZETTE, 3 MARCH 1982 No. 8039 5
SOUTH AFRlCAN TRANSPORT SERVICES AMENDMENT ACT, 1982
Act No. 6, 1982
5
"(v) 'General Manager' means the officer appointed to be General Manager. of the South African Railways an Harbours, or any person lawfully acting in tha capacity or any person acting in terms of authorit delegated to him by the General Manager; (v)".
2. Section 1 of the Railways and Harbours Service Act, 1960 (hereinafter called the "Service Act"), is hereby amended by the substitution for the definition of "General Manager" of the following definition:
Act 6 of 1965, section 2 of Act 85 of 1971, section 1 of Act 45 of 1974, section 1 of Act 89 of 1976, section 1 of Act 67 of 1980, section 1 of Act 29 of 1981 and section 1 of Act 60 of 1981.
Amendment of section 1 of Act 22 of 1960, as amended by section 11 of
lO "(vii) 'General Manager' means the officer appointed to be Act 62 of 1961, section 7 of General Manager of the South African Railways an
Harbours, or any person lawfully acting in tha capacity or any person acting in terms of autl;torit delegated to him by the General Manager; (viii)".
Act 7 of 1963, section 45 of Act 6 of 1965, section 60 of Act 6 of 1965, section 4 of Act 8 of 1968, section 4 of Act 85 of 1971, section 5 of Act 8 of 1976, section 11 of Act 67 of 1980 and section 4 of Act 29 of 1981.
15 3. Section 16 of the Service Act is hereby amended by the Amendment of substitutio~ for paragraph (c) of subsection (1) of the following A~i~~~l1":60, paragraph. as amended by
"(c) . fifty-eight years, if immediately prior to the attainment section 3 of of that age he held the position of [- Act 54 of 1964,
20 (i) a telegraphist; or · section 50 of ('')] d · f 1 · · fi · Act 6 of 1965, n a nver o a ocomotive, semor reman, semor section 3 of
driver's assistant, fireman or driver's assistant [of] Act 18 of 1966, on a locomotive or a learner train driver or" section 2 of - ' • Act 23 of 1967,
section 3 of Act 41 of 1969, section 7 of Act 85 of 1971, section 2 of Act 33 of 1972, section 9 of Act 47 of 1973, section 12 of Act 46 of 1975, section 12 of Act 8 of 1976, section 14 of Act 64 of 1978, section 4 of Act 29 of 1981 and section 2 of Act 60 of 1981.
4. Section 32 of the Service Act is hereby amended by the Am~ndment of 25 substitution for paragraph (g) of subsection (1) of the following A~~~~ ~f1":60•
paragraph: as amended by "(g) the establishment of a [sick fund] medical scheme and section 18 of
the management thereof·". Act_7of1963, ' sections 58 and 60
of Act 6 of 1965, section 5 of Act 18 of 1966, section 11 of Act 44 of 1974, section 14 of Act 46 of 1975, section 17 of Act 8 of 1976 and sections 4 and 14 of Act 29 of 1981.
GOVERNMENT GAZETTE, 3 MARCH 1982 No. 8039 7
SOUTH AFRlCAN TRANSPORT SERVICES AMENDMENT ACT, 1982
Act No. 6, 1982
5. The following section is hereby substituted for section 32B of the Service Act:
Substitution of section 32B of Act 22 of 1960,
"Establish- 328. (1) The Administration is hereby empowered as i~serted by . ment and
management 5 of dispensar-
ies.
bl. h d d' . f h sectJOn 16 of to esta IS an manage 1spensanes or t e pur- Act 64 of 1978. poses of the medical scheme.
(2) The existing dispensaries established for the purposes of the sick fund shall continue in existence as dispensaries of the medical scheme.
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15
(3) Before further dispensaries are established the Minister of Health and Welfare shall be consulted.".
6. Section 1 of the Level Crossings Act, 1960, is hereby Amendment of amended by the substitution for the definition of "General section 1 of Manager" of the following definition: Act 41 of 1960.
" (vii) 'General Manager' means the officer appointed to be General Manager of the South African Railways and Harbours, or any person lawfully acting in that capacity or any person acting in terms of authority delegated to him by the GeneralManager; (vi)".
20 7. Section 1 of the Railways and Harbours Pensions Act, 1971, Amendment of is hereby amended by the substitution for the definition of sAection 1 of
9 "General Manager" of the following definition· ct 35 ofl 71 • . · . as amended by "(v1) 'General Manager' means the officer appomted to be section 9 of
enera Manager o t e South African Railways and Act 33 of 1972, 25 H b 1 wf II · · h section 15 of ar ?urs, or any person. a . u y actmg m t _at Act 46 0n 975 ,
capacity or any person actmg m terms of authonty section 32 of delegated to him by the General Manager; (xiii) ". Act 8 of 1976,
section 17 of Act 67 of 1980 and section 16 of Act 29 of 1981.
8. The following section is hereby inserted after section 9 of Insertion of the Railways and Harbours Pensions Act, 1971: section 9A in
Act 35 of 1971. 30 "Recovery of 9A. The Administration is hereby empowered to
amounts ~n recover an amount due by an annuitant under th :;':!~~~:, 0 medical scheme referred to in section 32 of th scheme. Service Act from an annuity payable to him fro
any fund.".
35 9. Section 1 of the Railways and Harbours Pensions for Amendment of Non-Whites Act, 1974, is hereby amended by the substitution section 1 of for the definition for "General Manager" of the following Act 43 of 1974•
· · as amended by defimt10n: section 2 of
"(vi) 'General Manager' means the officer appointed to be Act 89 of 1976, 40 General Manager of the South African ~ailw:;tys an ~~~~; ~: 1~80 ,
Harbours, or any person lawfully actmg m tha section 19 of capacity or any person acting in terms of authorit Act 29 of 1981 delegated to him by the General Manager; (x)". and section 9 of
Act 60 of 1981.
10. Section 3 of the Railways and Harbours Pensions for Amendment of 45 Non-Whites Act, 1974, is hereby amended by the insertion, after section 3 of
subsection (2), of the following subsection: Act 43 of 1974. "(3) The annuities payable to all annuitants in terms of
this Act or the regulations may be increased by the Ministe from time to time. Where such annuity is payable from the
50 Pension Fund the increases shall be paid from the Pension Fund. Where such annuity is payable from revenue the increases shall be paid from revenue. Where such annuity is payable partly from the Pension Fund and partly from revenue the increases shall be paid proportionately from the
55 Pension Fund and from revenue. Where such annuity is being paid from revenue and subsequently becomes payable from the Pension Fund, liability for the payment of the increases shall, as from the date the annuity becomes a charge against the Pension Fund, pass from revenue to the
60 Pension Fund. Any decision made by the Minister in the
GOVERNMENT GAZETTE, 3 MARCH 1982 No. 8039 9
SOUTH AFRlCAN TRANSPORT SERVICES AMENDMENT ACT, 1982
Act No. 6, 1982
5
exercise of the ·power vested in him in terms of thl provisions of this subsection shall be· published by means o a notice addressed by the General Manager to the em- ployees of the Administration generally and by means of a notice addressed by the Chief Accountant of the Adminis- tration to each annuitant entitled to an increase in terms of such decision.".
11. Section 1 of the Railways and Harbours Finances and Amendment of Accounts Act, 1977 (hereinafter called "the Finances and section 1 of
10 Accounts Act"), is hereby amended by the substitution for the ~c!~~~~;J~; definition of "General Manager" of the following definition: section 15 of
"(x) 'General Manager' means the officer. appointed to be Act so of 1979 General Manager of the South African Railways and and section 20 of H b wfu
. . Act 67 of 1980. ar ours, or any person Ia lly act10g 10 that
15 capacity or any person acting in terms of authority delegated to him by the General Manager; (xiii)".
12. The following section is hereby substituted for section 6 of Substitution of the Finances and Accounts Act: section 6 of
''Utilization 20 of savings in
certam instances.
Act 48 of 1977. 6. [(1)] When money has been appropriated by
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30
35
an Appropriation Act- ( a) the Minister may [, subject to the provisions of
subsection (2),] approve the application of a saving under any vote shown in schedules 1 and 2 to that Appropriation Act, to defray an excess of expenditure [over an amount appearing in 'Column 1'] under any other vote in the same schedule;
(b) a saving under a subhead of a vote may be applied at any time to defray an excess of expenditure under another subhead of the same vote.
[(2) Subject to the provisions of section 7 (1) (b) (ii), the amounts appearing in 'Column 2' of schedules 1 and 2 to an Appropriation Act shall not be exceeded, and savings on any amount in 'Column 2' of schedule 1 only may, with the approval of the Minister, be applied to defray an excess of expenditure over an amount appearing in 'Column 1' under any other vote in the same schedule.)".
40 13. Section 7 of the Finances and Accounts Act is hereby Amendment of amended by _the substitution for paragraph (b) of subsection (1) ~~:i~~ Zf ~~77. of the followmg paragraph:
"(b) to defray [-(i)] expenditure in connection with an anticipated excess on a vote which cannot without
45 serious prejudice to the public interest be postponed until appropriation therefor can be made by Parlia- ment [; and (ii) expenditure in connection with an anticipated and/or temporary excess over amounts appearing in 'Column 2' of schedules 1 and 2 to an
50 Appropriation Act]:".
14. The following section is hereby inserted after section 16 of Insertion of the Finances and Accounts Act: section 17 in
"Authority to 17. Notwithstanding anything to the contrary in trade inbl . this Act or any other law contained, the General negotla e m- M . h h I . h f h 55 struments and anager may, Wit t e approva 10 eac case o t e to lend or Minister, make, draw, accept, endorse and negotiate advance negotiable instruments, and lend or advance moneys, moneys. subject to such conditions as the Minister may de-
cide, and it shall not be necessary in such cases fo 60 any moneys withdrawn from the Fund to be appro-
priated in accordance with an Act of Parliament.".
Act 48 of 1977.
GOVERNMENT GAZETTE, 3 MARCH 1982 No. 8039 11
SOUTII AFRICAN TRANSPORT SERVICES AMENDMENT ACT, 1982
Act No. 6, 1982
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10
15
15. Section 18 of the Finances and Accounts Act is hereby Amendment of amended by the substitution for paragraph (b) of subsection (1) section 18 of of the following paragraph: Act 48 of 1977.
"(b) in excess of the authorized appropriation for a financial year in respect of a particular vote [or an item in 'Column 2'] of schedule 1 or 2 to the then current Appropriation Act and for which no financial provision has been made in terms of section 6 or 7 (1) (b), according to the circumstances of the case;".
16. Section 29 of the Railways and Harbours Acts Amend- Amendment of ment Act, 1981, is hereby amended by the substitution for the section 29 of words preceding paragraph (a) of the following words: Act 29 of 1981,
"29. This Act shall be called the Railways and Harbours =~c'::::~n:Oe~r Acts Amendment Act, 1981, and shall come into operation Act60of1981. on [a date fixed by the State President by proclamation in the Gazette] 1 April 1981, except that the provisions of-".
17. Section 12 of the Secon9 Railways and Harbours Acts Amendmentof Amendment Act, 1981, is hereby amended by the substitution section 12of for the words preceding paragraph (a) of the following words: Act 60 of1981.
20 "12. This Act shall be called the Second Railways and Harbours Acts Amendment Act, 1981, and shall come into operation on [a date fixed by the State President by proclamation in the Gazette] 28 August 1981, except that the provisions of-".
25 18. Section 1 of the South African Transport Services Act, Amendment of 1981, is hereby amended by the substitution for the definition of section 1 of "General Manager" of the following definition: Act 65 of 1981.
"(iii) 'General Manager' means the officer appointed to be General Manager of the South African Transport
30 Services, or any person lawfully acting in that capacity or any person acting in terms of authority delegated to him by the General Manager; (vi)".
19. The following section is hereby substituted for section 51 Substitution of of the South African Transport Services Act, 1981: section 51 of
Act 65 of 1981. 35 "Appoint-
ment of re- servists.
51. Any person may be appointed on a voluntary basis as a reservist of the Force under such condi- tions as the Commissioner of the Force may, subject to the directions of the Minister, prescribe.".
20. Section 61 of the South African Transport Services Act, Amendment of 40 1981, is hereby amended by the insertion after paragraph (g) of section 61 of
the following paragraphs: Act 65 of 1981. "(h) without lawful authority moves, removes, covers,
amages, mte eres or tampers wit , e aces or pamts, writes or draws upon any fire alarm, telephone,
45 apparatus, board, plate or sign used for combating fires·
(i) uses' any fire alarm, telephone or other apparatus for the transmission of alarms, calls or signals relating to fire for any purpose other than the transmission of a
50 bona fide fire alarm or fire call, or in any other way gives or causes to be given a false fire alarm,".
21. This Act and any amendment thereof shall apply also in Application of the territory of South West Africa, including the Eastern Caprivi Act to So.uth Zipfel. West Afnca.
GOVERNMENT GAZE1TE, 3 MARCH 1982
SOUTH AFRICAN TRANSPORT SERVICES AMENDMENT ACT, 1982
No. 8039 13
Act No. 6, 1982
22. This Act shall be called the South African Transport Short title and date Services Amendment Act, 1982, and shall come into operation of commencement. on the date of promulgation in the Gazette, except that the provisions of-
5 (i) section 3 shall be deemed to have come into operation from the September 1981 paymonth; and
.(ii) sections 4, 5 and 8 shall come into operation on 1 April 1982.