General Law Amendment Act
EXTRAORD!NiA~Y BUITENGEWONE
REPUBLIC. OF SOUTH AFRICA
GOVER~ENT GAZETTE
STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
Vol. 36.]
Price lOc Prys Overseas 15c Oorsee
POST FREE-POSVRY
CAPE TOWN, 21sT JUNE, 1968.
KAAPSTAD, 21 JUNIE, 1968. [No. 2106.
DEPARTMENT OF THE PRIME MINISTER. DEPARTEMENT VAN DIE EERSTE MINISTER.
No. 1119.] [21st June, 1968. No. 1119.] [21 Junie 1968.
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
PAGE BLADSY
No. 70 of1968: General Law Amendment Act, 1968 3 No. 70 van 1968: Algemene Regswysigingswet, 1968 4
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other
language is printed on uneven numbered pages.
GOVERNMENT GAZETTE EXTRAORDINARY, 21sT JUNE, 1968 ~o.-2106 3
No. 70, 1968.]
ACT To repeal the Registration of Firms Act, 1906, of Natal, and the · Beef Export Bounties Act, 1923; to amend the Liquor Act,
1928; the Attorneys, Notaries and Conveyancers Admission Amendment Act, 1965; the Attorneys, Notaries and Con- veyancers Admission Act; 1934; the Protection of Names, Uniforms and Badges Act, 1935; the Bantn Trust and Land Act, 1936; the Matrimonial Causes Jurisdiction-Act, 1939; the Land Bank Act, 1944; the South African Reserve Bank
·_Act, 1944; the Magistrates' Courts Act, 1944; the Soil Conservation Act, 1946; the South Mrican Tourist Corpora-
-tion Act, 1947; the· Rents Act, 1950; the SuppreSsion of Communism Act, 1950; the Criminal Procedure Act, 1955; the Animal Diseases and Parasites Act, 1956, and the General Law Amendment Act, 1956; to repeal the Special Justices of the Peace Act, 1957; to amend the Public Service Act, 1957; the Prisons Act, 1959, and the Extradition Act, 1962; to repeal section 34 of the General Law Fnrtber Amendment _Act, 1962; to amend the Reciprocal Enforcement of Main- tenance Orders Act, 1963; the Gambling Act, 1965; the
. Hotels Act, 1965; the AgricuJtural Credit Act, 1966, and the · Removal of Restrictions Act, 1967; and to validate Procla- mation No. R.123 o£.1967. ·
(English text signed by the State President.) - r.· . : .. :. (Assented to 19th June, 1968.) . 1
BE IT ENACTED by th~tateJ~resident, the Senate and the _ . · .. House. of 'Assembly of the Republic . of . South Africa, a!! follows:- :_· . :: .: .
1. So much of the Registration of Firms Act, 1906, of Natal Repeal or Act as is·uri.repealed ishereby repealed; " ' ' -. .• . 35 of1906 -: --::-. -: ~ . , - - . . . ·< (Natal). -: ' · . ·
2. The Beef Export Bounties Act, _1923, is hereby repealed. Repeal of Act . - . ' . . . ,· - ' . - -- 12 ~: ~923. . .
3. The following section is hereby substituted for section Substitution of 45~i.s. of the Liquor Act, 1928 (herc:inafter referred · to as the ~~ti~g ~f~~2~r pnnctpal Act): ·· · . · · as inserted by ' . •:ecrtain 45bis. (l) No licence for the sale of liquor sectionS of Act licences not (other than ·a · foreign liquor ·licence or a wine 85 of.l964· · tobctrans· ~ · · ·1· ) · 'd· ed d hi A · · . rerred with· ,armer s tcence grante or renew un er t s ct out _ in respect of premises situated in an area other than au~hority or. a prohibited area as defined in section 53 shall: be Minister or :transferred to any person unless: the chairman of ~~ undet a licensing board or· a licensing ~oar~, as the C: amended ~y the dele~ion,?f the expression~~~~; 19.tJ:~ •
of which £ .... _ ........ IS held outside the Umon. . as substituted by · section 6 of Act·. 4S of 1956.
26. Section 4 of the Magistrates' Courts Act, 1944, is hereby Am~ndment of. amend~d ~y the substitution for subsection (4) of the following~~~~~ :f0{944, subsection. . . . ·· as amended by
"(4) Any process issued out of any ·court may be sections of served or executed by the messenger of the court appointed Act 40 or 1952._ for the area within which such process is to be served or · executed.". ·
. 27. Section 7 of the Magistrates' Courts Act, 1944, is hereby Am~ndment of ame~ded by the addition to subsection (1) of the following ~~~~~ Jf0{ 944, prOVISO: as substituted .
"Provided that the said Secretary may order that the by section 1 of ·. records of a court for any regional division shall be so Act. 8 of 1967. preserved at such a place or places within that division as he may from time to time determine.".
. .
·28. (1) Section 14 of the Magistrates' Courts Act, 1944, is Am~ndment of···· hereby amended- · . section 14 of · ..
: '
.. , .
Act 32 of 1944, · (a) by the substitution for subsection (1) of the following as amended by, .
subsection: · · section 10 of · .. "(I) Th M" · • " Act 40 of 1952. · · . . e mtster may appomt 10r every court a · ·
person or two or more persons as a messenger or messengers of such court subject, in the case of any such person who is . not an officer of the public service, to such conditions, including the payment of remunera- tion and allowances, as the Minister may determine.";
(b) by the insertion after -the said subsection (1) of the following subsection:
"{lA) A messenger appointed under subsection (1) or deemed to have been appointed thereunder, shall perform the duties and exercise the powers of a messenger only within the area of jurisdiction of the court for which he has been so appointed or is deemed to have been so appointed or, if the Minister or any person authorized thereto by him so directs, within
. the area determined by the Minister or such person, as the case may be."; and
(c) by the addition at the beginning of subsection (2) · of the following paragraph, the existing subsection
becoming paragraph (b): "(a) Whenever the Minister has appointed an officer
of the public service as a messenger of any court, he may appoint so many officers of the said
. service as deputy-messengers of that court as he may deem fit.". ·
(2) Any appointment made under section 14 (1) of the Magistrates' Courts Act, 1944 (Act No: 32 of 1944), prior to its substitution by subsection (I) of this section, shall be deemed to have been made under the said section 14 (1) as so substituted.
29. Section 15 of the Magistrates' Courts Act~ 1944, is hereby Am~ndment of amende.d by the substitution for subsection (1) of the following ~~~~~ ~l 1144• subsection: : as amended by·
"(1) (a) Whenever process of the court in a civil case section 11 or is to be served or executed within any area for which Act 40 qr 1952
b . d d and section 2 of no messenger has een appomte , an whenever Act 19 of 1963 process of any court in a criminal case is to be served, · a member of the police force shall be· as qualified to serve or execute all such process and all other documents in such a case as if he had been duly appointed messenger.
(b) The fees payable in respect of or in connection with any such service to a messenger shall in any such case
GOVERNMENT GAZEITE EXTRAORDINARY, 21ST JUNE, 1968 No. 2106 21
be chargeable but shall be paid into the Consolidated Revenue Fund.".
30. Section 65 of the Magistrates' Courts Act, 1944, is Am~ndment of hereb>: amended _by the substitution for subsection (3) of the ~e:~~ ~f 1°/44, followmg subsection: as substituted by
"(3) The notice shall be served on the debtor by the section IS of • • f, Act 40 of 1952 messenger m any manner prescnbed by the rules or the and amended by
service of process generally. section 1 of Act 14 of 1954, section 20 of Act SO of 1956 and section 10 of Act 19 of 1963.
31. The following section is hereby substituted for section Substitution of . 93bis of the Magistrates' Courts Act, 1944: . · section 93bls of •·· "Transf~r of 93bis. Notwithstanding anything to the contrary ~cfn~~J!l~44• rrocee~m~s in. any law contained, the judicial officer presiding section 23 o'l ~J~nal 0 a at the trial of or who convicts any person being Act 40 of 1952. division. tried before a court which is not a court of a regional
division shall,· if it appears that the trial may more properly be conducted before the court of a regional division or that the imposition of a sentence in terms of section 334quat (2) or 335 (2) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), would have been competent if such person had been so convicted by the court of a regional division, or when the public prosecutor so requests, as the case may be, stop the trial or, if such person has .. been convicted, set aside his finding in respect of such person and of any other person convicted after having been tried jointly with such :firstmentioned person, and the proceedings shall thereupon be commenced afresh before the court of the regional division concerned.". ' ·
32. Section 1 of the Soil Conservation Act, 1946, is hereby Am~ndment of amended by the substitution for the definition of "urban area" section 1 of ·
f h f, 11 • d fini · Act 45 of 1946, o t e o owmg e t10n: as amended by " 'urban area' means the area of a local authority . estab- section 1 of
lished for any particular township or city, and includes Actt.6 of 1
19f49,. bd. "d d · 1 d bli sec 1on o , any area su lvt e mto erven or ots an pu c Act 37 of 1960,
open spaces and streets bounded by such erven or section 1 of lots or spaces, but does not include any commonage Act 31 o_f 1964 in any such area, or any. other piece of land therein ~j ~~r~9~f.f not less than ten morgen m extent.".
· ' 33. The following section· is hereby inserted in the South Insertion of · African Tourist Corporation Act, 1947, after section 9: · ~~:i~~ !f1~~1• "Delegation 9A. (l) The board may, with the approval of the gf ~gwers Minister and · subject to the conditions determined b~arJ by the board, delegate in writing any of its functions,
· . duties or powers under this Act or any regulation to one or more of its members or to one or more of its employees. ··
(2) The board ·shall not be divested of a function, duty or power delegated under subsection (1) to any person." .
. 34. Section 3 'of the Rents Act, 1950, is hereby amended Am~ndment ?f by the substitution for subparagraph (ii) of subsection (1) (b) of sri0f 13 the following subparagraph: ~f 19SO.
"(ii) if any amount allowable in terms of paragraph (e), (h) or U) of the said definition suffers an increase, such increase may be added to the rent;".
35. Section 33 of the Rents Act, 1950, is hereby amended by Am~ndment of the addition to subsection (1A) of the following paragraph: · sect1on 33 of Act , · · 43 of 1950, as
"(d) any rent charged on the relevant fixed date for anY amended by dwelling, garage, parking space or business premises section 6
GOVERNMENT GAZEITE. EXTRAORDINARY,. 21ST. JUNB, 1968 No.:2106 23
· iri respect of which the provisioris of this section have of ~ct 53 of t9st~ . been so declared applicable, shall be deemed to be 1ffj._0n 17 f-1964 .· rent determined by the rent board therefor.'~. ~ecti~ 13 °0 f Act';
98 of 1965, section 9 of Act 54 of 1966 and section s of . Act 102 of 1967 .•. :
-· 36. Section -10 of the Suppression of Communism Act, 1950, Amencbnent of ;< , is here~y amended by the ~ubstitution for paragraph (a)ter of ~~i: 1~ f/sa · · · · subsection (1) of the followmg paragraph: · as ame:ded by':.
'.'(a)ter . Subject to the provisions of paragraph· (a)quat, the section 7 of • . . . provisions of paragraph (a)bis shall lapse on the 30th A~r ~f 1(54• June, 1969.". · Act~~ of~962, ·
section4 of Act 37 of 1963, · section 14 of Act 80 of 1964, ; section 3 of · · Act 97 of.196S, · section 1 of Act 8 of 1966 · and section 6 of. . Act 102 of 1967.
· 37. Section 5 ofthe.Criminal Procedure Act, 1955, is hereby Amendment of . amend~d by ~he insertion of the following subsection after~~~~ ~r~f955,' ~ubsection (3) · as substituted by
"(3A) Whenever for any reason any attorney-general is section 45 of absent or unable to carry out the functions of his office or Act 68 of 1957 . and amended by whenever the office of an attorney-general becomes vacant, section 1 of the State President may appoint any fit and proper officer Act 92 of 1963.
.. of the public service to act in the place of such attorney- general during his absence or incapacity, or to act in the vacant office until the vacancy is filled, as the case· may be.''.
· 38. Section 27 of the Criminal Procedure Act, 1955, is Amendment. of hereby amended by the substitution for the second proviso to ~ti~ 271o/ss · _subsection (1) of the following proviso: asc~~C:ded by' · '
· · "Provided further that if the said period of forty:.:eight section. I of •-- hours expires on a Saturday Sunday or public holiday or Act 96 o_f 196S . • and section 7 before four o'clock tn the afternoon on the next day, not of Act 102 ..
. being a Saturday, Sunday or public holiday, it shall be of 1967. deemed to expire at four o'clock in the afternoon on .such next day.".
. 39. Seetion 108bis of the Criminal Procedure Act, 1955, is Amendment o{ . hereb~ amended .bY .the substitution for subsection (1) of the ~rl~ JgS:/''· . followmg subsectwn. . . . . . · l9SS as inserted , · ·· . "(I) Whenever any person has been arrested on a charge by sictlon 4 · - ·.
of having committed any offence referred to in Part IIbis of Act 39 of _ of the Second Schedule, the attorney-general may, if he 1961 ~d amended considers it necessary in the interest of the administration by scctton 17 of ;·
f . . t' . th fi t . f th . bl. .th . t . Act 76 of 1962, . o JUS tce or. e sa e y o e pu tc or e mam enance section 9 of · ·•· · of public order, issue an order that such person shall not Act 37 of 1963, _ ' . be released on bail or otherwise before sentence has been ~etion 23 of
64 .
passed or he has been discharged.". s:ti~~ ~f ;{ • Act 96 of 1965 and section 9 of Act 9 of 1968. .
. 40. Section 259 of. the Criminal Procedure Act, : 1955~· is Am~ndmen't of hereb~. amended .bY the substitution ·for subsection (1). of the ~~~~~ ~f~~Js. followmg subsection: . . . .
· "(1) Whenever a public prosecutor causes an accused · · .. person to be summoned (otherwise than in terms of section
351 (8)), to appear in · an inferior court upon a charge of ·. having committed any offence and he has reasonable
' · ·grounds .for believing.that the court which will try .the said charge . will, on convicting the accused, not impose a
· · sentence of imprisonment or whipping or a fine exceeding twenty-five pounds, he may attach to such summons to be
GOVERNMENT GAZB'ITB EXTRAORDINARY, 21sT JUNE, 1968 No. 2106 2S
served therewith upon the accused, a form of declaration for signature by the accused, wherein the latter admits having committed the offence; expresses his intention of pleading guilty to the charge and agrees to be convicted of the offence charged upon his plea of guilty without the calling of any evidence in support of the charge.".
41. The following section is hereby inserted in the Criminal Insertion or · Procedure Act, 1955, after section 333bis: . ' section 333ter .. An · 33 Wh . .f • • · 1n Act s6 da . te-o r 3 ter. enever any sentence o tmpnsonment of l9SS. ~J~ imposed on any person on conviction of an offence
· is set aside on appeal or review by a competent court and any other sentence . of imprisonment is thereafter imposed on . such person in respect of such offence, such other sentence may, if the
. court imposing it is satisfied that· such person has · served · any part ·of such firstmentioned sentence
of imprisonment, be antedated to· a date specified by the court which is not earlier than the date on which such firstmentioned sentence was imposed, and thereupon such other sentence' shall be deemed to have been imposed on the date so specified.".
42. The following section is hereby substituted for section Substitution of 5 of the Animal Diseases and Parasites Act, 1956: section s of "Disposal of animals and infectious things which in the Minister's opinion were unlawfully introduced into the Republic~
. . . . • Act•l3 of 1956. 5~ (1) If there ts found wtthin the Repubhc- M • ·
(a) any animal or infectious thing which, in the opinion· of the Minister, was introduced or . came into the Republic in contravention of the provisions of this Act, or of a law repealed by this Act; or ·
(b) any animal which, in the opinion of the Minister was produced by, from or by means of an animal or infectious thing referred to in paragraph (a),
he may confiscate it or cause it to be destroyed or otherwise disposed of, as he may deem fit.
(2) If any officer, authorized person or police officer on reasonable grounds believes or suspects that- ( a) any animal or infectious thing was introduced
or came into the Republic in contravention of the provisions of this Act or of a law repealed by this Act; or
(b) any animal was produced by, from or by means of an animal or infectious thing referred to in paragraph (a), ·
he may seize it and detain it pending the Minister's decision, under subsection (1), as to its disposal. ...
43. (1) The following section is hereby substituted for Substitution of section 5 of the General Law Amendment Act, 1956: . ~ectiog Srof
956 "Formalities S. No donation concluded after the · commence- ct 5 0 • in respect ment of this Act shall be invalid merely by reason ~~nations. of the fact that it is not registered or notarially
executed: Provided that no executory contract of donation entered into after the commencement of this Act shall be valid unless the terms thereof are embodied in a written document signed by the donor or by a person acting on his written authority granted by him in the presence of two witnesses.".
(2) Subsection (1) shall be deemed to have come into .. opera· tion on the twenty-second day of June, 1956. · ·•
44. The Special Justices of the Peace Act, 1957, is hereby Repeal of Act repealed. · · 19 of 1957.
GOVERNMENT GAZEITE EXTRAORDINARY; 21ST JUNE • .1968 No; 2106 27
45. Section 4 of the Public Service Act, 1957, . is hereby Am~ndment of . · amended by the substitution for paragraph (a) of subsection ~~~~~~f~f957 (12A) of the following paragraph: : · · · as amended by'·· ·
"(a) to retain a member of the Commission in his office section 2 of· · ·· • b d h t hi h h h ll . . d . h Act 63 of 1967 . · eyon t e age a w c e s a , m accor ance Wit and section 1 of · ·. subsection (12), vacate his office· or retire, he may be Act 17 of 1968 • . so retained from time to time, for further periods · which shall not exceed in· the aggregate two years;".
46. Section 1 of the Prisons Act, 1959, is hereby amended- Am~ndment of . .. (a) by the substitution for the definition of"Commissioner" sectron 1 of ·
f h e- 11 · d fi · · Act 8 of' 1959, o t e 10 owmg e nttion: as amended by " 'Commissioner' means the Commissioner of Prisons section 1 of
. . appointed under section 4 (1) ;";. . Act 75 of 1965. (b) by the substitution for the definition of "Minister" ·
of the following definition: · .. "'Minister' means the Minister of Prisons;"; and
(c) . by the substitution for the definition of "commissioned · officer" of the following definition: , · .
"'commissioned officer' means a commissioned officer appointed as such under section 4 (1).'~~
47. The following section is hereby substituted for section 3 Su~titution of . of the Prisons Act, 1959: . . · . sectron 3 of · ·:eom~ 3. The Commissioner . shall, under the direction Act 8 of 1959· ~~~ ~f an? control of the .~inister, be in charge. o~ t~e the Prisons Pnsons Department. • Department.
48. The following section is hereby substituted for section 4 Sub~titution of of the Prisons Act 1959 · · sectron 4 of "Appoint- ment and discharge of commis- sioned officers •.
' • . • . Act 8 of 1959 4. (1) The State Pres1dent may from tlme to tlllle .
appoint by commission a commissioned officer, to be styled the Commissioner of Prisons, and such other commissioned officers as· he may deem necessary. . ·· .
(2) The State President . may, subject to the provisions of this Act, discharge or retire any such comni.issioned officer or reduce him in rank.".
49. Section 55 of the Prisons Act, 1959, is hereby amended- Am~ndment of (a) by the .substitutio~ for subsections (1) and (2) of the ~~~~n n:!9
folloWing subsections: o • "(1) The Commissioner or any other commissioned
officer acting under his authority may; in the manner prescribed by regulation, charge any commissioned officer with misconduct and request him to submit,
. within the period and in the manner so prescribed, a written admission . or denial of the charge, and any written explanation which he may' wish to offer in regard to the alleged misconduct.
(2) . (a) After the expiration of the period aforesaid, the Minister or, if authorized thereto by the Minister either specially in a particular case or generally, the Commissioner may appoint a board
. of enqu1ry to investigate the charge in question. (b) A board of enquiry shall consist of one or more
. persons who- . (i) in· the case of a board appointed by the
Minister, shall be commissioned officers of rank equal to or higher than that of the officer charged, or magistrates;
· (ii) in the case of a board appointed by the Com- missioner, shall . be such commissioned officers."'· and . ·
(b) by the substitution' for siibsectioil (6) of the following · subsection: · · . . ·
"(6) (a) After having considered the evidence adduced at the enquiry and having afforded the
: officer charged, or his legal adviser, an opportunity
GOVERNMENT GAZETIE EXTRAORDINARY, 21sT JUNE; 1968 No; 2106 29
of addressing the board of enquiry, the board shall find the said officer guilty or not guilty of the misconduct with which he has been charged and inform him of its finding: Provided that if the officer charged admits, pursuant to a request under subsection (1) or to the board, that he is guilty of the misconduct in question, he may be found guilty without any evidence having been adduced. ·
(b) A commissioned officer found guilty of misconduct may, within such period and in such manner as may be prescribed by regulation, appeal to the Minister against the finding of the board of enquiry and make representations in writing to the Minister in regard to the imposition of punishment.
(c) The board of enquiry shall, and the Commissioner may, make recommendations to the Minister in regard to any punishment which may be imposed upon a commissioned officer found guilty.
(d) The Minister may, after considering the record of the proceedings before the board of enquiry, the recommendations of the board and of the Com- missioner and the grounds of appeal of and any . representations made by the officer charged- .
(i) direct that no further action be taken in the matter; or
(ii) direct that the officer concerned be cautioned or reprimanded; or
(iii) impose a fine not exceeding one hundred rand, which may be recovered by way of stoppages from the salary or allowances of · the officer concerned ; or
(iv) direct that the matter .be referred to the State President, who may thereupon take any steps provided for in section 4 (2).".
50, Section 6S of the Prisons Act, 1959, is hereby amended Amendment or by the substitution for subsection (1) of the following subsection: ~~~~00f~~J9
"(1) The Commissioner may- as amended by (a) if the total period of imprisonment to be served by a section 20 of
prisoner under one or more sentences does not exceed Act 15 of 1965• four months; or
(b) if the total period of imprisonment to be served by a prisoner under one or more sentences exceeds four months but does not exceed two years, with the ap- proval of the Minister; or. .
(c) on the authority of the State President or of the Minister granted, under any provision of any law, in respect of a prisoner serving any period of imprison- ment,
and irrespective of whether the imprisonment was imposed . with the option of a fine or without any such option, release such prisoner before the expiration of the period in question on parole for such period and under such supervision and on such conditions as shall be specified in the warrant of release: Provided that the Commissioner may, in a case contemplated in paragraph (a), at any time, and, in a case contemplated in paragraph (b) or (c), on the authority of the Minister, alter the provision in such warrant as to supervision and alter or cancel any such conditions.".
51. Section 93 of the Prisons Act, 1959, is hereby amended- Amendmen$of (a) by the ~ubstitution for subsection (l) of the foUowing ~C:~~f~~9•
subsection: as amended by "(1) The Minister may delegate any of the powers section 23 of
vested in him by this Act (except sections 6 (2), 16 (1). Act 15 or 1965. 19 (2) and 20) to the Commissioner."; and
(b) by the substitution for subsection (3) of the following subsection: · · ·
GOVERNMENT GAZETTE EXTRAORDINARY, 21ST JUNE, 1968: No. 2106 31
''(3) The Commissioner may delegate any of the powers delegated to him under subsection (1) to any other commissioned officer of or above the rank of brigadier designated by him.".
52. The following section is hereby substituted for se~tion Substituti~ of 96 of the Prisons Act, 1959: section 96 of
"Applica- tion of Act to South· West Africa.
· -- · Act 8 of 1959. 96. The State President may, by proclamation
in the Gazette and subject to· such· conditions, modifications, exceptions and additions as : he
·may specify in such proclamation, apply the provisions of this Act and of any amendment thereof to the territoiy of South-West Mrica including that portion of the said territory known . as the 'Rehoboth Gebiet' and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory and also that portion of the said territory known · as · the 'Eastern Caprivi Zipfel' referred to in section 38 of the South-West Mrica Constitution Act, 1968 (Act No. 39 of 1968), and
· he may in like manner amend or repeal any such proclamation.". · ·
53. (1) Sectlon 2 'or the Extradition Act, 1962, is' hereby Amendment of amended by the substitution for paragraph . (c) of subsection section 2 of (3) of the following paragraph· · Act 67 of 1962, . . • as amended by
"(c) unless provision is made ·by the law of the foreign ~ecti~ 1: oJ 63 State or by the agreement, that no person surrendered ct 9 ° 1 •
to such State shalt, until he has been returned or had an opportunity of returning to the Republic, be detained or tried in the foreign State for any offence committed prior to his surrender other than the
· offence in respect of which· extradition "Was sought or that no such person shall be so detained or tried
:without the consent of the Minister.". (2) Subsection (l) shall be deemed to have come into operation
on the first day of May, 1968. ·
54. Section 19 of the Extradition Act, 1962, is hereby amended Amendment of by the S}lbsti~tion for au· th~ weirds preceding the proviso ~tio~ lf tt
62 to the srud section of the followmg words: . ... · asc!!e~dcd by' ·~No person surrendered to the Republic by any foreign section 19 or
· · State · in terms of an extradition agreement shall, until Act 93 of 1963. he has J>een .returned or had an opportunity of returning to such foreign State, be detairied or tried in the Republic for any offence committed prior to his Sll1'rimder other . than the offence in respect of which extradition was sought, . unless. such foreign State ,consents thereto:".. · ·
~·, r_ ;_
. .. ' ~-: ..
55. Section 34 of the Genera] Law Further Amendment Repeal of Act, 1962;· is hereby repealed. section 34 of
Act 93 of 1962.
. 56. section 2 of the Reciprocal Enfor~enient of Maintenance Amendment or Orders Act, 1963, is hereby amended by the substitution for ~ecti~0 21ol963 · ; . subsection (1) of the following subsection:, . · ct 0 •
· "(1) This Act shall apply in respect of any country or territory designated by the State President by proclamation in the Gazette.".
; 57.·The Schedule to the Gamb1ing Act, 1965; is hereby Amendm~nt of·.· amended with effect ·from the date· of commencement of that the Schedule Act by the substitUtion in the first column ther~f under the 1~6}ct 51 of heading "South-West Africa" for the expression "Ordinance No. · 20 of 1952" of the expression "Ordinance No. 19 of 1952'";
GOVERNMENT GAZETTE EXTRAORDINARY, 21st JUNE, 1968 No. 2106 33
58. Section 1 of the Hotels Act, 1965, is hereby amended by Am~ndment of ·· the substitution for the definition of "accommodation establish- ~~I~g 1 f ~f965 ment" of the following definition: 0 •
"'accommodation establishment' means any premises wherein or whereon the business of supplying lodging and one or more meals per day for reward is or is intended to be conducted;".
59. Section 33 of the Hotels Act, 1965, is hereby amended ~jg:33~tf of by the. substitution for paragraph (a) of subsection (2) of the Act 70 of 1965. followmg paragraph:
"(a) As from a prescribed date, which shall not be before the thirty-first day of December, 1968, no person shall use or cause or allow to be used in respect of or in relation to any premises wherein or whereon the busi- ness of supplying lodging or other accommodation, whether with or without meals, is conducted or managed by him and which is not registered as an hotel under this Act, the designation or term 'hotel', 'motel', 'betel' or any other designation or ·term which the Minister may, on the recommendation of the board, specify by notice in the Gazette, in regard to its name or style or general description in any context or in any medium whatsoever.".
60. The following section is hereby substituted for section Sub~titution of 45 of the Agricultural Credit Act 1966· . ! · section 45 of "Exempt!on 45. Notwithstandin'g anything to the contrary hi Act 28 of 1966• from duties, any other law contained, no duty, tax or fees shall taxes and fees. be payable by the State or any person to whom
assistance is· rendered,. in respect of anything done or any transaction (including the purchase of immovable property with money obtained by way of assistance) under this Act, or in respect of any document required in connection with anything so done · or any such transaction: Provided that if assistance is rendered to any person for the purchase of immovable property in respect of which the date of acquisition by him, as determined in accordance with the definition of 'date of acquisition' in section 1 of the Transfer Duty Act, 1949 (Act No. 40 ·of 1949),is a date more than six months prior to the date of such person's application for assistance,
_such purchase shall for the purpose of the levying and payment of transfer duty jn terms of that Act, nofbe regarded as a transaction under. this Act.".
e \ ~ ·, ;- M. , • , • • • , • •
· .' 61. Section 2 of the ;.Removal of Restrictions Act, 1967, is Am~ndment of .. hereb~ amended .bY t~e substitution for subsection (2) of the ~~I~~ ;f~f967• followmg subsectiOn: · · . . . .
. "(2) The provisions of subsection (1) sliall not apply in . ' respect of any condition of title affecting rights to minerals · or any condition imposed under the provisions of section
5 (3) oftbe.Townships Amendment :Act. 1908 (Act No. 34 of. 1908), of the Transvaal, or of. section 16 (3) of the
. Orange Free State Metals Mining Act, 1936 (Act No. 13 of . . 1936), or Of section 2 (2) of the PhysicaL Phinning and
Utilization· of Resources Act, 1967 (Act No. 88. of :1967), or in respect· of any condition specifically prohibiting or
. · restricting the sale or supply· of intoxicating liquor or the . sale, lease or occupation of any land to.or by a non-white
. person,' except in so far as such .condition relates to the • ... occupation of land which is used or is intended to be used
for public purj>oses by the State or alocal authority.".
· 62. Proclaimitiori ' No.· R;123 of ·1967 issued by the State Validation .· . · President under . s·ectiori 5 (2) of the Population Registration of Proclamatton Act, 1950 (Act No~·· ·30 of 1950), and published in Government ~~;~·123 or .:
GOVERNMENT GAZEITE EXTRAORDINARY, 21sT ·JUNE, 1968 No. 2106 3S
Gazette Extraordinary No: 1753 of, the twenty-sixth day of May, 1967, and all the provisions of the said Proclamation are hereby validated.
63. This Act shall be called the General Law Amendment Short title and Act, 1968, and sections 3 to 13 inclusive and sections 26, 28, 29 commencement. and 49 shall come into operation ori a . date to be fixed by the · State President · by proClamation in the Gazette,. and different dates may be so fixed in respect of each of those sections or the different provisions thereof. · ·