Portal:Acts of the Parliament of South Africa

“ The amendment of section 164 by the substitution for subsection (1) of the following subsection:
“ (1) Any person, who [from ignorance arising from youth, defective education or other cause,] is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth [, the whole truth and nothing but the truth] .” ”

“ A court may on the application of a spouse whose marriage is subject to the accrual system and who satisfies the court that his right to share in the accrual of the estate of the other spouse at the dissolution of the marriage is being or will probably be seriously prejudiced by the conduct or proposed conduct of the other spouse, and that other persons will not be prejudiced thereby, order the immediate division of the accrual concerned in accordance with the provisions of this Chapter or on such other basis as the court may deem just. ”

“ The information officer of a public body may refuse a request for access to a record of the body if its disclosure would be likely to materially jeopardise the economic interests or financial welfare of the Republic or the ability of the government to manage the economy of the Republic effectively in the best interests of the Republic. ”

“ If no provision for the correction of personal information in a record of a public or private body exists, that public or private body must take reasonable steps to establish adequate and appropriate internal measures providing for such correction until legislation providing for such correction takes effect. ”

“ A strike or lock-out (as defined in section one of the Industrial Conciliation Act, 1937 (Act No. 36 of 1937) ) which follows upon a labour dispute for the settlement of which the proceedings prescribed by the said Act have been taken, and which is not in contravention of the provisions of the said Act, or the promotion of or participation in such a strike or lock-out, shall not for the purposes of paragraph (b) of the definition of “communism” be regarded as an unlawful act or omission or as the promotion of disturbance or disorder. ”

“ If the Governor-General is satisfied that the safety of the public or the maintenance of public order is seriously threatened or is likely to be seriously threatened in consequence of the activities of the body known as the Pan Africanist Congress or the body known as the African National Congress, he may, without notice to the body concerned, by proclamation in the Gazette declare such body, including all branches, sections or committees thereof, and all local, regional or subsidiary bodies forming part thereof, to be an unlawful organization. ”

“ If it is made to appear to a magistrate by information on oath that there is reason to suspect that any house is used by a female for purposes of prostitution and that any person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, the magistrate may issue a warrant authorizing any police officer not below the rank of sergeant to enter and search the house and to arrest that person. ”

“ Until such time as the chairman of the Council has been designated, or whenever the chairman is absent from any meeting of the Council or of the executive committee, the Commissioner for Coloured Affairs shall act as the chairman of the Council, or, as the case may be, of the executive committee, and shall when so acting have a casting vote in the case of an equality of votes, but no deliberative vote. ”

“ If an administrator fails to furnish adequate reasons for an administrative action, it must, subject to subsection (4) and in the absence of proof to the contrary, be presumed in any proceedings for judicial review that the administrative action was taken without good reason.
(4) (a) An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and must forthwith inform the person making the request of such departure. ”

“ The court hearing an application may grant any order that is just and equitable, including orders—
(a)
confirming, amending or setting aside the decision which is the subject of the application concerned; (b)
requiring from the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order; (c)
granting an interdict, interim or specific relief, a declaratory order or compensation; or (d)
as to costs. ”

“ Subject to the provisions of any law passed by Parliament regulating the conditions of appointment, tenure of office, retirement and superannuation of public officers, the executive committee shall have power to appoint such officers as may be necessary, in addition to officers assigned to the province by the State President under the provisions of this Act, to carry out the services entrusted to it and to make and enforce regulations for the organization and discipline of such officers. ”

“ The consolidation of democracy in our country requires the eradication of social and economic inequalities, especially those that are systemic in nature, which were generated in our history by colonialism, apartheid and patriarchy, and which brought pain and suffering to the great majority of our people ”

“ Any period of service which a member of a provincial council has completed as a member of Parliament and in respect of which he has received no Parliamentary pension, may be recognized for the purpose of determining his pension benefits as a member of the provincial council, provided he requests in writing the administrator of the province in which his provincial electoral division is situated, within 90 days after the commencement of this Act, that such period be so recognized. ”

“ Whereas the prevalence of the commission of sexual offences in our society is primarily a social phenomenon, which is reflective of deep-seated, systemic dysfunctionality in our society, and that legal mechanisms to address this social phenomenon are limited and are reactive in nature, but nonetheless necessary ”

“ If an assessor dies, or in the opinion of the presiding officer becomes unable to act as an assessor, or is for any reason absent, or has been ordered to recuse himself or herself or has recused himself or herself, at any stage before the completion of the proceedings concerned, the presiding officer may, in the interests of justice and after due consideration of the arguments put forward by the parties to the proceedings or their legal representatives ”

“ Whenever in any prosecution for an offence under section 12A it is proved that the accused has performed any act or has done anything or has furnished any information, which was calculated or likely to enable any male to communicate with or to establish the whereabouts of or to trace any female who the accused had reason to believe to be a prostitute, the accused shall be presumed to have performed such act or to have done such thing or to have furnished such information, as the case may be, with intent that such female be unlawfully carnally known by such male, unless the contrary is proved. ”

“ Provided that, except where the death penalty is imposed, the imposition of a sentence of imprisonment for a period of not less than five years shall be compulsory, whether or not any other penalty is also imposed and that no person shall on conviction of any such offence be dealt with under section three hundred and forty-two, three hundred and forty-five or three hundred and fifty-two of the Criminal Procedure Act, 1955 (Act No. 56 of 1955) . ”

“ As soon as the Cape Coloured voters’ list has been framed in terms of the provisions of section two, every electoral officer who has been appointed under the principal Act in respect of any area of the province of the Cape of Good Hope, shall prepare a separate voters’ list for white persons whose names are included in the voters’ lists framed under the principal Act (hereinafter called the European voters’ list) , for each division in the area for which he has been appointed. ”

“ Every person whose name is included in the register, except a person who has not attained the age of sixteen years, shall, at his own expense and as often as it is or becomes necessary to issue an identity document to him, furnish the Director-General with two copies of a recent photograph of himself, and whenever a photograph of which copies have been so furnished, is no longer a recognizable image of the person concerned, he shall again so furnish the Director-General with two copies of a recent photograph of himself. ”

“ In any criminal proceedings any act or omission proved with reference to any body, organization, group or association of persons, institution, society or movement corresponding to the description or known by a name corresponding to the name of a body, organization, group or association of persons, institution, society or movement in respect of which a proclamation has been issued under this sub-section, shall be deemed to have been proved with reference to the unlawful organization referred to in the proclamation. ”

“ The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes. ”

“ Distribution of matrimonial property upon dissolution of marriage for want of consent of parents or guardian. 24. (1) If a court dissolves a marriage to which a minor is a party on the ground of want of consent of the parents or guardian of that minor, or a commissioner of child welfare whose consent is by law required for the entering into of a marriage, it may make such order with regard to the division of the matrimonial property of the spouses as it may deem just. ”

“ In addition to the senators for the nomination or election of whom provision is made by the South Africa Act, 1909, the Representation of Natives Act, 1936, and the South-West Africa Affairs Amendment Act, 1949, a senator shall be nominated by the Governor-General on the ground of his thorough acquaintance, by reason of his official experience or otherwise, with the reasonable wants and wishes of the non-European population in the province of the Cape of Good Hope. ”

“ It is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons. ”

“ Whenever the fact that any lawful and binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy.”. ”