General Law Further Amendment Act, 1970
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REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT VAN· DIE REPUBLIEK VAN SUID-AFRIKA
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Vol. 64.] CAPE TOWN, 9m OCTOBER, 1970.
[No. 2888. KAAPSTAD, 9 OKTOBER 1970.
DEPARTMENT OF THE PRIME MINISTER. DEPARTEMENT VAN DIE EERSTE MINISTER.
No. 1739. 9th October, 1970. No. 1739. 9 Oktober 1970.
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
No. 92 of 1970: General Law Further Amendment Act, 1970.
Hierby word bekend gemaak dat die Staatspresiden t sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
No. 92 van 1970: Verdere Algemene Regswysigingswet, 1970.
GOVERNMENT GAZETTE, 9rn OCTOBER, 1970
GENERAL LAW FURTHER AMENDMENT ACT, 1970.
ACT To amend the Liquor Act, 1928; the Land Bank Act, 1944; the
South African Resene Bank Act, 1944; the Criminal Procedure Act, 1955; the Public Sen-ice Act, 1957; the Police Act, 1958; the Prisons Act, 1959; the Supreme Court Act, 1959; the Judges' Remuneration and Pensions Act, 1959; the Children's Act, 1960; the Coloured Development Corporation Act, 1962; the Coloured Persons Education Act, 1963; and the Criminal Procedure Ordinance, 1963, of the territory of Sooth-West Africa; to prohibit the holding or organizing of certain processions without the permission of a magistrate; and to provide for incidental matters.
(Afrikiuins text signed by the State President.) (Assented to 2nd October, 1970.)
BE IT ENACTED by the State President, the Senate and the . House of Assembly of the Republic of South Africa, as
follows:-
No. 2888
Act No. 92, 1970
1. Section lOOquin of the Liquor Act, 1928, is hereby amended Am~ndment of by the addition of the following subsection: section lOOquin
"(4) For the purp.oses of this section and notwithstanding of Act 3.0 of 1928• . • . as substituted by the proviSions of section II of the Bantu Beer Act, 1962 section s or (Act No. 63 of 1962), 'liquor' includes Bantu beer as Act 98 of 1965. defined in section I of that Act.".
2. Section 4 of the Land Bank Act, 1944 (Act No. 13 of 1944), Amendment of is hereby amended by the substitution for subsection (I) of the section 4 of following subsection: · . Act 13 of 1944,
· : "(I) The operations of the bank shall be controlled by as a.mended by b d . . f h . ( h h II b th . section 2 of a oar constshng o a c arrman w o s a e e managmg Act 42 of 1951
director appointed under section 4bis (I) or a general section I of ' manager appointl:d under section 13 (1) who serves as Act 46 ~r 1965 acting mana mng director) and not less than six or more and sectton 7 of ,. . Act 31 of 1969. than ten other members to be appomted by the State President.". ·
3. Section 3 of the South African Reserve Bank Act, 1944, Amendment of is here.by amende~ by the substitution for subsection (I) of the ~~:i~~ ~r~f944 followmg subsection: , . as amended by'
"(I) The bank shall be managed by a board of twelve section 1 of directors, consisting of a Governor, three Deputy- Act 24 of 1960, Governors (of whom one shall be designated by the State ~ection f of
6 P~esident as .senior Deputy-Gove~or) and _tw~ other a.:'J ~~ti~~ J of . dtrectors appomted by the State Prestdent, and stx dtrectors Act 87 of 1969.
elected by the stockholders.".
4. Section 226 of the Criminal Procedure Act, 1955, is Amendment of hereby amended by the substitution in subsection (I) for the section 226 of words preceding paragraph (a) of the following words: Act 56 of 1955, . . as amended by
"(1) The wtfe or husband of an accused IS competent section 19 of and compellable to give evidence for the prosecution Act 16 of 1959 without the consent of the accused, where the accused is
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GOVERNMENT GAZETIE, 9rn OCTOBER, 1970 No.2888
GENERAL LAW FURTHER AMENDMENT ACT, 1970. Act No. 92, 1970
prosecuted for any offence against the person of either of and n:ti?n9~~ of them or any of the children of either of them, or for any Act 0 1 • offence under Chapter III of the Children's Act, 1960 (Act No. 33 of 1960), committed in respect of any of the children of either of them or for any contravention of the provisions of section 11 (1) of the Maintenance Act, 1963 (Act No. 23 of 1963), or of those provisions as applied by any other law or for any of the following offences:".
S. Section 4 of the Public Service Act, 1957, is hereby Am~ndment of amended by the. substitution for paragraph (a) of subsection ~~~~~ !f~f957, (2) of the followmg paragraph: as amended by
section 2 of "(a) The Commission shall consist of not less than three Act 63 of 1967,
and not more than five members who shall be appointed =ion I fo~ 8 by t~e State President, ~nd in making any such and !~o~ 2s of
appomtment the State Prestdent shall have due regard Act 70 of 1968. to, inter alia, the knowledge of or experience in the public service of the persons to be appointed.".
6. Section 5 of the Public Service Act, 1957, is hereby Am~ndmenft of ded sectton S o amen - Act 54 of 1957
(a) by the substitution for subsection (1) of the f~llowing ~a::;~3d~1 by subsection: Act 71 of 1963,
. · section 3 of "(1) Subject to the provisions of subsection (2), a Act 47 of 1965,
recommendation or direction made or given by not ~ecti~~ 3f~f967 less th~n. two me.mbers of the Commission,. if the an~ s~on 33 of Comnusston conststs of three members or tf only Act 67 of 1968. · three of the members are then still in office, or by not less than three members if the Commission consists of four or five members, or if only four of the mem- bers are then still in .office, shall be deemed for the purposes of this Act or any other law to be a recom- mendation or direction made or given by the Com- mission."; and
(b) by the substitution for subsection (2) of the following subsection:
"(2) Subject to the provisions of subsection (3), any power conferred upon or function entrusted to the Commission by this Act or any other law (except the power of delegation conferred hereby), may be exercised or carried out under a general or special delegation from the Commission and subject to such conditions as it may determine- (a) by any member or members of the Commission; or (b) by any officer.".
7. Section 29 of the Police Act, 1958, is hereby amended by Am~ndment of the substitution for subsection (3) of the following subsection: ~~~~'!,f~~J8.
"(3) For the purposes of this section 'canteen' includes any Mess or South African Police institution or any pre- mises temporarily or permanently used for providing recreation, refreshment or articles of necessity mainly for members or pensioners of the South African Police or for civilians employed by the Police Department or for the families of such members, pensioners or civilian employees or for civilians employed in any work in or in connection with any such Mess, institution or premises.".
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GOVERNMENT GAZETTE, 9TH OCTOBER, 1970 No. 2888
GENERAL LAW FURTHER AMENDMENT ACT, 1970. Act No. 92, 1970
8. Section 94 of the Prisons Act, 1959, is hereby amended Am!'ndment of by the. substitution for paragraph (b)bis of subsection (I) of the ~~~~~nff9• followmg paragraph: as amended by
"(b)bis the establishment, management and control of funds section 31 of 64 to provide for medical, .dental an~ hospital tn;atment ~~:i~~ 24 l:f •
of members of the Pnsons Service who retired ·or Act 75 of 1965 retire on pension, and their families and of the families and section 17 of of members of the Prisons Service· who died or die, Act 101 of 1969. the class of members of the Prisons Service or other persons who shall be or may become members of any particular fund, the scale or aggregate amount of contributions (if any) to be made to a fund by any particular class of members thereof, the termination of membership of a fund, the rights, privileges and obligations of members of a fund, and generally all matters reasonably necessary for the regulation and operation of a fund;" •
. 9. (I) The First Schedule to the Supreme Court Act, 1959, ~endment of is hereby amended by the substitution in the third column for First Schedule to h d d fi . h f. . d' . f h W' d Act 59 of 1959, t e wor s e nmg t e area o JUns JCtJOn o t e 1twatersran as substituted by
Local Division of the Supreme Court of South Africa of the section 11 of following words: Act 15 of 1969.
"In civil matters: The magisterial districts of Alberton, Benoni, Boksburg, Brakpan, Delmas, Germiston, Johan- nesburg, Kempton Park, Krugersdorp, Nigel, Randfontein, Roodepoort, Springs and Westonaria.
In criminal matters: The magisterial districts of Alberton, Boksburg, Germiston, Johannesburg, Kempton Park, Krugersdorp, Randfontein, Roodepoort and Westonaria.".
(2) The alteration in the area of jurisdiction of the said Witwatersrand Local Division effected by subsection (I) shall be deemed to have been effected on the first day of October, 1966.
~· -, · ..
10. (I) The following Schedule is hereby substituted for the S':'bstitution of First Schedule to the Judges' Remuneration and Pensions Act First Schedule • to Act 73 of 1959, 1959: as substituted by
section 8 of Act 20 of 1964.
"FIRST SCHEDULE
Desfgnation of office Salary per annum
Chief Justice of South Africa Rl7,000 Judge of Appeal R16,000 Judge President Rl5,000 Judge R14,000.".
(2) Subsection (1) shall come into operation on the first day of January, 1971. ·
11. (I). Section 89 of the· Children's Act, 1960, is hereby Am!'odment of amend~d by the substitution for subsection (2) of the following ~~~~~ ~r ft60. subsection:
"(2) For the purposes of subsection (I) (c), 'child' includes any person of or above the age of eighteen years who satisfies such requirements or conditions as the Minister in consultation with the Minister of Finance may, determine.".
(2) Subsection (I) shall be deemed to have come into opera-' tion on the first day of January, 1970.
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GOVERNMENT GAZETIE, 9m OCTOBER, 1970 No. 2888 9
GENERAL LAW FURTHER AMENDMENT ACT, 1970. Act No. 92, 1970
12. The following section is hereby substituted for seetion 7 Sub~titution of of the Coloured Development Corporation Act, 1962: ~~·~n l 1°t62 ''Powers !Jf 7. The Corporation may remunerate, house, 0 • ~orporahon discharge or suspend temporarily its officers ~'} ~pec:t and employees employed under seetion 4 (n)" officers and and indemnify them in respect of any harm, employees. damage or loss suffered by them in the course of
the performance of their duties, and provide or give pension and sick benefits and housing facilities or benefits for or to them.".
13. Section 31 of the Coloured Persons Education Act, 1963, Am~dment of is hereby amended- . seehon 31 of
(a) by the substitution for subsection (4) of the following Act 47 of 1963• subsection:
"(4) (a) The Minister shall forward copies of the annual report referred to in subsection (3), including any minority report, to the member of the executive of the Coloured Persons Representa- tive Council of the Republic of South Africa who has been designated in terms of seetion 17 (6) (b) of the Coloured Persons Representative Council Act, 1964 (Act No. 49 of 1964), to exercise and perform powers, functions and duties incidental to education.
(b) The said member of the executive of the Coloured Persons Representative Council of the Republic of South Africa shall lay copies of such report and minority report (if any) on the table in that Council within fourteen days after receipt thereof if the Council is in ordinary session or, if the Council is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.''; and
(b) by the substitution for paragraph (a) of subsection (5) of the following paragraph:
"(a) The Education Council for Coloured Persons may with the approval of the Minister establish com- mittees of the council to assist it in the perform- ance of its functions.".
14. Seetion 201 of the Criminal Procedure Ordinance, 1963, Am~dment of of the territory of South· West Africa, is hereby amended by the ~·.on 201
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substitution in subsection (1) for the words preceding para- of 1~a;'~ graph (a) of the following words: Soutb·West
"(1) The wife or husband of an accused is competent Africa. and compellable to give evidence for the prosecution without the consent of ihe accused where the accused is prosecuted for any offence. against the person of either of them or any of the children of either of them, or for any offence under Chapter III of the Children's Ordinance, 1961 (Ordinance 31 of 1961), committed in respect of any of the children of either of them or for failure to comply with the terms of any order of court for the periodical payment of sums of money towards the maintenance of any person, or for any of the following offences:".
15. (I) Whenever the holding or organizing of any procession Permission of without the permission, approval or leave of an institution or a magi.strate body referred to in section 84 (I) (/) of the Republic of South reqwre~ for. African Constitution Act, 1961 (Act No. 32 of 1961), is pro- ~~=~0f~· 10 hibited in terms of any provision of any law, it shall be deemed permission of for the purposes of such provision that, notwithstanding the certain. institutions granting of such permission, approval or leave for holding or or bodies.
GOVERNMENT GAZETTE, 9m OCTOBER, 1970
GENERAL LAW FURTHER AMENDMENT ACT, 1970.
organizing a procession, such permission, approval or leave has not been granted unless the magistrate of the district in which the procession is to be held or organized has also granted his permission, approval or leave for the holding or organizing of such procession.
(2} A magistrate shall refuse to grant his permission, approval or leave referred to in subsection (1}, only if he has reason to believe that the holding or organizing of the procession may endanger the maintenance of law and order.
(3} The Minister of Justice may from time to time by notice in the Gazette suspend the operation of subsections (1} and (2} in areas specified in the notice, or in areas other than areas so specified, and may by like notice cancel or amend any such notice.
(4} Subsections (1}, (2} and (3} shall come into operation on a date to be specified by the State President by proclamation in the Gazette.
No. 2888
Act No. 92, 1970
16. This Act shall be called the General Law Further Amend- Short title. ment Act, 1970.
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