[a38y1927]Black Administration Act No 38 of 1927
as amended by
Black Administration Act 1927, Amendment Act 9 of 1929
Black Administration (Amendment) Act 9 of 1939
Black Administration Amendment Act 42 of 1942
Black Administration (Amendment) Act 21 of 1943
Black Laws Amendment Act 36 of 1944
Black Laws Amendment Act 56 of 1949
Black Laws Amendment Act 54 of 1952
Blacks (Abolition of Passes and Co-ordination of Documents) Act 67 of 1952
Black Administration Amendment Act 13 of 1955
Black Administration Amendment Act 42 of 1956
Black Laws Further Amendment Act 79 of 1957
Promotion of Black Self-government Act 46 of 1959
Black Laws Amendment Act 46 of 1962
Maintenance Act 23 of 1963
Black Laws Amendment Act 63 of 1966
Black Laws Amendment Act 56 of 1968
Black Laws Amendment Act 23 of 1972
Black Laws Amendment Act 7 of 1973
Black Laws Amendment Act 70 of 1974
Black Laws Amendment Act 4 of 1976
Black Laws Amendment Act 12 of 1978
Laws on Plural Relations and Development Second Amendment Act 98 of 1979
Laws on Co-operation and Development Amendment Act 3 of 1980
Laws on Co-operation and Development Second Amendment Act 94 of 1980
Black Administration Amendment Act 44 of 1981
Laws on Co-operation and Development Amendment Act 83 of 1984
Laws on Co-operation and Development Second Amendment Act 90 of 1985
Laws on Co-operation and Development Amendment Act 91 of 1985
Special Courts for Blacks Abolition Act 34 of 1986
Laws on Development Aid Amendment Act 57 of 1986
Abolition of Influx Control Act 68 of 1986
Laws on Development Aid Second Amendment Act 105 of 1986
Constitutional Laws Amendment Act 32 of 1987
Marriage and Matrimonial Property Law Amendment Act 3 of 1988
Development Aid Laws Amendment Act 53 of 1988
Businesses Act 71 of 1991*
Abolition of Racially Based Land Measures Act 108 of 1991
Development Aid Laws Amendment Act 126 of 1991
Regional and Land Affairs General Amendment Act 89 of 1993
Land Titles Adjustment Act 111 of 1993
Abolition of Restrictions on Free Political Activity Act 206 of 1993
Abolition of Restrictions on the Jurisdiction of Courts Act 88 of 1996
Abolition of Corporal Punishment Act 33 of 1997
Public Service Laws Amendment Act 47 of 1997
Recognition of Customary Marriages Act 120 of 1998
Institution of Legal Proceedings against certain Organs of State Act 40 of 2002
Administration of Estates Amendment Act 47 of 2002
Prevention and Combating of Corrupt Activities Act 12 of 2004
also amended by
Magistrates' Courts Amendment Act 120 of 1993
[with effect from a date to be proclaimed - see PENDLEX]
Communal Land Rights Act 11 of 2004
[with effect from a date to be proclaimed]
Regulations under this Act
Regulations for Administration and Distribution of Estates of Deceased Blacks
ACT
To provide for the better control and management of Black affairs.
CHAPTER I
ADMINISTRATION (ss 1-2)
The Governor-General shall be Supreme Chief of all Blacks in the Union and shall in respect of all Blacks in any part of the Union be vested with all such rights, immunities, powers and authorities as are or may be from time to time vested in him in respect of Blacks in the Province of Natal.
[S. 1 amended by s. 2 of Act 9 of 1929 and substituted by s. 2 of Act 42 of 1956.]
(1) The Minister may, subject to the law governing the public service, appoint for any area an officer, to be styled Chief Commissioner, who shall exercise such powers and perform such duties as the Minister may from time to time prescribe, and so many officers, to be styled Assistant Chief Commissioners, as he may deem necessary to assist the Chief Commissioner in carrying out the functions assigned to him.
(2) Subject to the provisions of the law governing the public service and of subsection (3), the Minister, or the Secretary for Plural Relations and Development or the Chief Commissioner concerned, if authorized thereto by the Minister, may appoint for any area in which a large number of Blacks reside a Commissioner and so many additional Commissioners and assistant Commissioners as he may deem necessary, who shall perform such duties as may be prescribed by any law or assigned to them by the Minister.
[Sub-s. (2) substituted by s. 1 (a) of Act 70 of 1974.]
(3) No person shall be appointed under subsection (1) or (2) unless he is, at the time of his appointment, a member of the public service, in terms of section 3 of the Public Service Act, 1957 (Act 54 of 1957), and unless-
(a) he has passed the diploma iuris examination or an examination determined by the Minister for the Public Service and Administration to be equivalent thereto for the purposes of this section; or
[Para. (a) substituted by s. 35 (1) of Act 47 of 1997.]
(b) he held, at the commencement of this Act, the post of commissioner or sub-commissioner; or
(c) he was continuously employed in the Department of Plural Relations and Development or in the Department of Justice as from the thirty-first day of May, 1910, to the date of his appointment as aforesaid.
[Sub-s. (3) amended by s. 1 (b) of Act 70 of 1974.]
(4) ......
[Sub-s. (4) deleted by s. 1 of Act 23 of 1972.]
(5) Subject to the provisions of the law governing the public service, the Minister, or if delegated thereto by the Minister, the Secretary for Plural Relations and Development or a Deputy Secretary or an Under Secretary of the Department of Plural Relations and Development may appoint for any area for which a Commissioner has been appointed, a tribal settlement superintendent to assist the Commissioner to control or supervise any tribal settlement in that area, and so many persons as may be necessary to assist such a superintendent, and may prescribe the duties of any superintendent or other persons so appointed.
[Sub-s. (5) amended by s. 9 (1) (a) of Act 46 of 1962, repealed by s. 3 of Act 105 of 1986 in so far as it relates to the appointment of a tribal settlement superintendent, and amended by s. 10 of Act 108 of 1991.]
(6) The Minister, or if delegated thereto by the Minister, the Secretary for Plural Relations and Development, or any other officer of the Department of Plural Relations and Development, may when circumstances require appoint any person to act temporarily as Chief Commissioner or Commissioner, or tribal settlement superintendent, in the place of or in addition to the ordinary incumbent of the post, or when the post is vacant or for an area in respect of which there is ordinarily no such post, even though the person so appointed is not qualified for permanent appointment to the post in question, by reason of the provisions of subsection (3).
[Sub-s. (6) amended by s. 1 of Act 79 of 1957 and by s. 9 (1) (b) and (c) of Act 46 of 1962, repealed by s. 3 of Act 105 of 1986 in so far as it relates to the appointment of any person to act temporarily as tribal settlement superintendent for any area in which a large number of Blacks reside and such an area is situated on land which is the property of the South African Development Trust, and amended by s. 10 of Act 108 of 1991.]
(7) The Governor-General may recognize or appoint any person as a chief of a Black tribe and may make regulations prescribing the duties, powers, privileges and conditions of service of chiefs so recognized or appointed, and of headmen, acting chiefs and acting headmen appointed under subsection (8). The Governor-General may depose any chief so recognized or appointed.
[Sub-s. (7) amended by s. 19 (a) of Act 56 of 1949 and by s. 19 (a) of Act 54 of 1952.]
(7)bis When recognizing or appointing a person as chief of a Black tribe or at any time thereafter or when any person is or has been recognized or appointed as the chief of a Black tribe, the Governor-General may, notwithstanding anything in this Act or in any other law contained, after a public enquiry by such persons having a knowledge of the language, customs and laws of the Black tribe concerned, as he may appoint for the purpose, make an order awarding to, or imposing upon, the person so recognized or appointed as chief such of the property, rights or obligations of the previous chief, whether deceased or deposed, as in his opinion were acquired or incurred by the previous chief by virtue of his office and as he may deem just.
[Sub-s. (7)bis inserted by s. 19 (b) of Act 56 of 1949, amended by s. 19 (b) of Act 54 of 1952 and by s. 6 (a) of Act 46 of 1959 and substituted by s. 1 (a) of Act 126 of 1991.]
(7)ter Any person affected by an order made in terms of subsection (7)bis may, within one year from the date thereof, petition the Governor-General for the amplification, variation or interpretation of the provisions of the order, and the Governor-General may make such order thereon as he may deem fit.
[Sub-s. (7)ter inserted by s. 19 (b) of Act 56 of 1949.]
(8) The Minister or, if delegated thereto by the Minister, the Secretary for Plural Relations and Development, the Under Secretary for Plural Relations and Development or the Chief Commissioner for the area concerned, may appoint any person as headman over a tribal settlement or as headman of the Blacks in any area and may appoint any person to act temporarily as a chief or headman in the place of or in addition to the ordinary incumbent of the post, or when the post is vacant or there is ordinarily no such post in respect of the tribe, tribal settlement or Blacks in question, and may depose any headman or acting chief or acting headman so appointed.
[Sub-s. (8) amended by s. 19 (c) of Act 56 of 1949, by s. 19 (c) of Act 54 of 1952, by s. 9 (1) (d) of Act 46 of 1962 and by s. 10 of Act 108 of 1991.]
(8)bis and (8)ter ......
[Sub-ss. (8)bis and (8)ter inserted by s. 6 (b) of Act 46 of 1959 and deleted by s. 1 (b) of Act 126 of 1991.]
(9) Any person obstructing any officer, chief or headman in this section mentioned in the lawful execution of his duty or disobeying any lawful order of or wilfully insulting such officer, chief or headman while acting in the course of his duty or wilfully obstructing the proceedings of any meeting lawfully convened by such officer, chief or headman in connection with his duty shall be guilty of an offence; and in addition, any person, who wilfully insults any such officer, chief or headman while presiding over a meeting convened by him in connection with his duty or wilfully obstructs the proceedings of such meeting may be removed therefrom and, if necessary, detained in custody by order of such officer, chief or headman, until the conclusion of such meeting.
[S. 2 amended by s. 3 of Act 9 of 1929 and by s. 1 of Act 9 of 1939 and substituted by s. 2 of Act 21 of 1943.]
CHAPTER II
TRIBAL ORGANIZATION AND CONTROL (ss 3-5)
[a38y1927s3]3 When tribe bound for contract or obligation of chief
(1) Subject to the provisions of this section, a Black people or tribe shall not be responsible for the personal obligations of its chief, nor shall a tribe or the ground occupied by a tribe be bound in any way whatsoever by any contract entered into or any liability incurred by a chief unless it has been approved by the Minister after having been adopted by a majority of the adult male members of the tribe present at a public meeting convened for the purpose of considering such contract or liability.
(2) The written certificate of a Commissioner that the contract or liability referred to therein has been adopted in terms of subsection (1) shall be conclusive evidence of that Act.
[S. 4 repealed by s. 1 of Act 88 of 1996.]
[a38y1927s5]5 Constitution or adjustment of Black tribes and removal of Blacks
(1) The Governor-General may-
(a) define the boundaries of the area of any tribe or of a tribal settlement and may from time to time alter the same and may divide any existing tribe into two or more parts or amalgamate tribes or parts of tribes into one tribe or constitute a new tribe, as necessity or the good government of the Blacks may in his opinion require.
[Para. (a) amended by s. 10 of Act 108 of 1991.]
(b) ......
[Para. (b) amended by s. 3 (a) of Act 42 of 1956, substituted by s. 1 (a) of Act 7 of 1973 and deleted by s. 1 of Act 68 of 1986.]
(1)bis ......
[Sub-s. (1)bis inserted by s. 3 (b) of Act 42 of 1956, amended by. s. 1 (b) of Act 7 of 1973 and deleted by s. 1 of Act 68 of 1986.]
(1)ter ......
[Sub-s. (1)ter inserted by s. 3 (b) of Act 42 of 1956 and deleted by s. 1 of Act 68 of 1986.]
(2) to (5) inclusive .......
[Sub-ss. (2) to (5) inclusive deleted by s. 1 of Act 68 of 1986.]
[S. 5 amended by s. 4 of Act 9 of 1929 and substituted by s. 20 of Act 54 of 1952.]
CHAPTER III
LAND REGISTRATION AND TENURE (ss 6-8)
[a38y1927s6]6 Registration of titles to land by Chief Commissioner
(1) All the powers and duties hitherto vested in or imposed upon registrars of deeds under the law relating to the registration of deeds, in so far as may relate to immovable property owned by Blacks and situate within any such area included in the Schedule to the Black Land Act, 1913 (Act 27 of 1913) or any amendment thereof, or within any such area in any tribal settlement, as may be defined by the Governor-General by proclamation in the Gazette shall, upon the issue of such proclamation, devolve upon the Chief Commissioner of the area within which such immovable property is situate and all documents relating to any such immovable property shall thereupon be transferred from any existing deeds registry to the custody of the Chief Commissioner concerned: Provided that any registrar of deeds may instead of so transferring any document filed in his registry furnish the Chief Commissioner concerned with a copy thereof certified under his hand, which copy shall thereafter be as valid for all purposes as the original document.
[Sub-s. (1) amended by s. 20 of Act 56 of 1949 and by s. 10 of Act 108 of 1991.]
(2) The Governor-General may make all such regulations as he may deem expedient for giving effect to the provisions of subsection (1), and may in such regulations prescribe the fees to be charged by the Chief Commissioners in the exercise of any function under that subsection.
[NB: S. 6 has been repealed by s. 46 (1) of the Communal Land Rights Act 11 of 2004, a provision which will be put into operation by proclamation.]
[a38y1927s7]7 Substitution of new title to land in certain cases
(1) The Governor-General may revoke any grant of land in a tribal settlement made on individual tenure to a Black upon quitrent conditions, and issue a substituted deed of grant in favour of the holder or of such person as may be adjudged to be entitled to be registered as the holder in conformity with the procedure prescribed in section eight: Provided that in the case of the areas comprising the Fingo and Hottentot Village situate within the urban area of Grahamstown in the Province of the Cape of Good Hope, this subsection shall be construed as if the words 'upon quitrent conditions' were omitted therefrom.
[Sub-s. (1) amended by s. 22 (a) of Act 36 of 1944 and by s. 10 of Act 108 of 1991.]
(2) Such substituted grant shall be registered in the appropriate registry, and shall be in such form and subject to such conditions as the Governor-General may by proclamation prescribe: Provided that the conditions of any such substituted grant as may be issued in respect of land in the areas comprising the said Fingo and Hottentot Village shall be as set forth in the Second Schedule to this Act.
[Sub-s. (2) amended by s. 1 of Act 42 of 1942 and by s. 22 (b) of Act 36 of 1944.]
[NB: S. 7 has been repealed by s. 46 (1) of the Communal Land Rights Act 11 of 2004, a provision which will be put into operation by proclamation.]
[S. 8 amended by s. 2 of Act 42 of 1942, by s. 21 of Act 54 of 1952 and by s. 10 of Act 108 of 1991 and repealed by s. 15 (1) of Act 111 of 1993.]
CHAPTER IV
JUDICIAL ORGANIZATION AND PROCEDURE (ss 9-21A)
[S. 9 substituted by s. 2 of Act 79 of 1957, amended by s. 1 of Act 63 of 1966 and by s. 2 of Act 98 of 1979 and repealed by s. 2 of Act 34 of 1986.]
[S. 10 amended by s. 5 of Act 9 of 1929, by s. 3 of Act 21 of 1943, by s. 21 of Act 56 of 1949, by s. 3 (1) of Act 79 of 1957, by s. 2 (1) of Act 70 of 1974, by s. 1 of Act 12 of 1978 and by s. 1 of Act 44 of 1981 and repealed by s. 2 of Act 34 of 1986.]
[S. 10bis inserted by s. 4 of Act 21 of 1943 and repealed by s. 16 (1) of Act 23 of 1963, except in so far as it may impose any liability upon any person to maintain any other person.]
[a38y1927s11]11 What law to be applied in Commissioner's Courts
(1) ......
[Sub-s. (1) deleted by s. 2 of Act 34 of 1986.]
(2) ......
[Sub-s. (2) substituted by s. 5 of Act 21 of 1943 and deleted by s. 2 of Act 34 of 1986.]
(3) The capacity of a Black to enter into any transaction or to enforce or defend his rights in any court of law shall, subject to any statutory provision affecting any such capacity of a Black, be determined as if he were a European: Provided that-
(a) if the existence or extent of any right held or alleged to be held by a Black or of any obligation resting or alleged to be resting upon a Black depends upon or is governed by any Black law (whether codified or uncodified) the capacity of the Black concerned in relation to any matter affecting that right or obligation shall be determined according to the said Black law;
(b) ......
[Para. (b) substituted by s. 1 of Act 91 of 1985 and repealed by s. 13 of Act 120 of 1998.]
[Sub-s. (3) added by s. 5 of Act 21 of 1943.]
[a38y1927s11A]11A Legal capacity of Black women in relation to leasehold and ownership
Notwithstanding any law affecting the status or contractual capacity of any person by virtue of Black law and custom, the capacity of a Black woman to perform any juristic act with regard to the acquisition by her of a right of leasehold, sectional leasehold or ownership under any law or the disposal of any such right or the borrowing of money on security of such right or the performance of any other juristic act in connection with such right or to enforce or defend her rights in connection with such right in any court of law, shall be determined and any such rights acquired by her shall vest in her and any obligation incurred by her shall be enforceable by or against her as if she were not subject to Black law and custom.
[S. 11A inserted by s. 1 of Act 90 of 1985 and substituted by s. 1 of Act 32 of 1987.]
[a38y1927s12]12 Settlement of civil disputes by Black chiefs, headmen and chiefs' deputies
(1) The Minister may-
(a) authorize any Black chief or headman recognized or appointed under subsection (7) or (8) of section two to hear and determine civil claims arising out of Black law and custom brought before him by Blacks against Blacks resident within his area of jurisdiction;
(b) at the request of any chief upon whom jurisdiction has been conferred in terms of paragraph (a), authorize a deputy of such chief to hear and determine civil claims arising out of Black law and custom brought before him by Blacks against Blacks resident within such chief's area of jurisdiction:
Provided that a Black chief, headman or chief's deputy shall not under this section or any other law have power to determine any question of nullity, divorce or separation arising out of a marriage.
[Sub-s. (1) amended by s. 22 (a) of Act 56 of 1949.]
(2) The Minister may at any time revoke the authority granted to a chief, headman or chief's deputy under subsection (1).
[Sub-s. (2) amended by s. 22 (a) of Act 56 of 1949.]
(3) A judgment given by such chief, headman or chief's deputy shall be executed in accordance with the procedure prescribed by regulation under subsection (6).
(4) Any party to a suit in which a Black chief, headman or chief's deputy has given judgment may appeal therefrom to any magistrate's court which would have had jurisdiction had the proceedings in the first instance been instituted in a magistrate's court, and if the appellant has noted his appeal in the manner and within the period prescribed by regulation under subsection (6), the execution of the judgment shall be suspended until the appeal has been decided (if it was prosecuted at the time and in the manner so prescribed) or until the expiration of the last-mentioned period if the appeal was not prosecuted within that period, or until the appeal has been withdrawn or has lapsed: Provided that no such appeal shall lie in any case where the claim or the value of the matter in dispute is less than R10, unless the court to which the appellant proposes to appeal, has certified after summary enquiry that the issue involves an important principle of law.
[Sub-s. (4) amended by s. 22 (b) of Act 56 of 1949 and by s. 22 of Act 54 of 1952 and substituted by s. 2 of Act 34 of 1986.]
[NB: Sub-s. (4) has been amended by s. 74 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.]
(5) ......
[Sub-s. (5) deleted by s. 2 of Act 34 of 1986.]
(6) The Minister may make the regulations mentioned in subsections (3) and (4), and generally regulations prescribing the procedure which shall be followed in any action taken under this section.
[S. 12 amended by s. 6 of Act 9 of 1929 and by s. 6 of Act 21 of 1943 and substituted by s. 23 of Act 36 of 1944.]
[S. 13 amended by s. 23 of Act 56 of 1949 and repealed by s. 2 of Act 34 of 1986.]
[S. 14 substituted by s. 7 of Act 21 of 1943 and repealed by s. 2 of Act 34 of 1986.]
[Ss. 15 to 19 inclusive repealed by s. 2 of Act 34 of 1986.]
[a38y1927s20]20 Powers of chiefs, headmen and chiefs' deputies to try certain offences
(1) The Minister may-
(a) by writing under his hand confer upon any Black chief or headman jurisdiction to try and punish any Black who has committed, in the area under the control of the chief or headman concerned-
(i) any offence at common law or under Black law and custom other than an offence referred to in the Third Schedule to this Act; and
(ii) any statutory offence other than an offence referred to in the Third Schedule to this Act, specified by the Minister:
Provided that if any such offence has been committed by two or more persons any of whom is not a Black, or in relation to a person who is not a Black or property belonging to any person who is not a Black other than property, movable or immovable, held in trust for a Black tribe or a community or aggregation of Blacks or a Black, such offence may not be tried by a Black chief or headman;
[Para. (a) amended by s. 4 (1) of Act 108 of 1991.]
(b) at the request of any chief upon whom jurisdiction has been conferred in terms of paragraph (a), by writing under his hand confer upon a deputy of such chief jurisdiction to try and punish any Black who has committed, in the area under the control of such chief, any offence which may be tried by such chief.
(2) The procedure at any trial by a chief, headman or chief's deputy under this section, the punishment, the manner of execution of any sentence imposed and subject to the provisions of paragraph (b) of subsection (1) of section nine of the Black Authorities Act, 1951 (Act 68 of 1951), the appropriation of fines shall, save in so far as the Minister may prescribe otherwise by regulation made under subsection (9), be in accordance with Black law and custom: Provided that in the exercise of the jurisdiction conferred upon him or her under subsection (1) a chief, headman or chief's deputy may not inflict any punishment involving death, mutilation, grievous bodily harm or imprisonment or impose a fine in excess of R100 or two head of large stock or ten head of small stock or impose corporal punishment.
[Sub-s. (2) amended by s. 2 of Act 33 of 1997.]
(3) Any jurisdiction conferred upon a chief, headman or chief's deputy under any provision of this Act before the date of commencement of the Black Administration Amendment Act, 1955, and which at that date has not been revoked under any such provision, shall be deemed to have been conferred under and subject to the provisions of this section.
(4) The Minister may at any time revoke the jurisdiction conferred upon a chief, headman or chief's deputy under any provision of this Act before or after the commencement of the Black Administration Amendment Act, 1955.
(5) (a) If a Black chief, headman or chief's deputy fails to recover from a person any fine imposed upon him in terms of subsection (2), or any portion of such fine, he may arrest such person or cause him to be arrested by his messengers, and shall within 48 hours after his arrest bring or cause him to be brought before the magistrate's court which has jurisdiction in the district in which the trial took place.
(b) A magistrate before whom any person is brought under paragraph (a) may, upon being satisfied that the fine was duly and lawfully imposed and is still unpaid either wholly or in part, order such person to pay the fine or the unpaid portion thereof forthwith and, if such person fails to comply forthwith with such order, sentence him to imprisonment for a period not exceeding three months.
(c) The magistrate shall issue in respect of any person sentenced to imprisonment in terms of this subsection a warrant for his detention in a prison.
[Sub-s. (5) substituted by s. 2 of Act 34 of 1986.]
(6) Any person who has been convicted by a Black chief, headman or chief's deputy under this section may in the manner and within the period prescribed by regulation made under subsection (9), appeal against his conviction and against any sentence which may have been imposed upon him, to the magistrate's court which has jurisdiction in the district in which the trial in question took place.
[Sub-s. (6) substituted by s. 2 of Act 34 of 1986.]
(7) and (8) ......
[Sub-ss. (7) and (8) deleted by s. 2 of Act 34 of 1986.]
(9) The Minister may make regulations-
(a) in regard to all matters which by this section are required or permitted to be prescribed by regulation;
(b) prescribing the manner in which and the period within which an appeal under subsection (6) shall be brought;
(c) prescribing the procedure to be followed in any action taken under this section.
[S. 20 amended by s. 6 (1) of Act 9 of 1929, by s. 8 of Act 21 of 1943 and by s. 24 of Act 56 of 1949 and substituted by s. 23 of Act 54 of 1952 and by s. 1 of Act 13 of 1955.]
[S. 21 amended by s. 25 of Act 56 of 1949, substituted by s. 24 of Act 54 of 1952 and repealed by s. 2 of Act 34 of 1986.]
[a38y1927s21A]21A Conferring of civil and criminal judicial power on certain Blacks
(1) The Minister may, after consultation with any community council established under section 2(1) of the Community Councils Act, 1977 (Act 125 of 1977), confer on a Black in respect of the area of such council or of such portion of such area as the Minister may determine, the same judicial power as in terms of sections 12 and 20 of this Act may be conferred on a Black chief or headman.
(2) The appropriate provisions of the said sections 12 and 20 and any regulations made thereunder shall, subject to such exceptions and to such adaptations and modifications with reference to such regulations as the Minister may in general or in a particular case deem necessary and make known by notice in the Gazette, mutatis mutandis apply in connection with the judicial power conferred on any person in terms of subsection (1).
[S. 21A inserted by s. 1 of Act 94 of 1980.]
CHAPTER V
MARRIAGE AND SUCCESSION (ss 22-23)
(1) ......
[Sub-s. (1) substituted by s. 1 (a) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.]
(2) ......
[Sub-s. (2) substituted by s. 1 (b) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.]
(3) ......
[Sub-s. (3) substituted by s. 1 (c) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.]
(4) ......
[Sub-s. (4) repealed by s. 13 of Act 120 of 1998.]
(5) ......
[Sub-s. (5) substituted by s. 1 (d) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.]
(6) ......
[Sub-s. (6) deleted by s. 1 (e) of Act 3 of 1988.]
(7) No marriage contracted after the commencement of this Act but before the commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988, during the subsistance of any customary union between the husband and any woman other than the wife shall in any way affect the material rights of any partner of such union or any issue thereof, and the widow of any such marriage and the issue thereof shall have no greater rights in respect of the estate of the deceased spouse than she or they would have had if the said marriage had been a customary union.
[Sub-s. (7) substituted by s. 1 (f) of Act 3 of 1988.]
(8) Nothing in this section or in section twenty-three shall affect any legal right which has accrued or may accrue as the result of a marriage in community of property contracted before the commencement of this Act.
[Date of commencement of section 22: 1 January 1929.]
[S. 22bis inserted by s. 10 of Act 46 of 1962 and repealed by s.13 of Act 120 of 1998.]
[S. 22ter inserted by s. 2 of Act 23 of 1972 and repealed by s. 2 of Act 91 of 1985.]
(1) All movable property belonging to a Black and allotted by him or accruing under Black law or custom to any woman with whom he lived in a customary union, or to any house, shall upon his death devolve and be administered under Black law and custom.
(2) All land in a tribal settlement held in individual tenure upon quitrent conditions by a Black shall devolve upon his death upon one male person, to be determined in accordance with tables of succession to be prescribed under subsection (10).
[Sub-s. (2) amended by s. 10 of Act 108 of 1991.]
(3) All other property of whatsoever kind belonging to a Black shall be capable of being devised by will.
[Sub-s. (3) amended by s. 7 (a) of Act 9 of 1929.]
(4) ......
[Sub-s. (4) deleted by s. 2 of Act 34 of 1986.]
(5) Any claim or dispute in regard to the administration or distribution of any estate of a deceased Black shall be decided in a court of competent jurisdiction.
[Sub-s. (5) amended by s. 7 (b) of Act 9 of 1929 and substituted by s. 2 of Act 34 of 1986.]
(6) In connection with any such claim or dispute, the heir, or in case of minority his guardian, according to Black law, if no executor has been appointed by a Master of the Supreme Court shall be regarded as the executor in the estate as if he had been duly appointed as such according to the law governing the appointment of executors.
[Sub-s. (6) amended by s. 7 (c) of Act 9 of 1929.]
(7) Letters of administration from the Master of the Supreme court shall not be necessary in, nor shall the Master or any executor appointed by the Master have any powers in connection with, the administration and distribution of-
(a) ......
[Para. (a) substituted by s. 7 (d) of Act 9 of 1929 and deleted by s. 3 of Act 47 of 2002.]
(b) any portion of the estate of a deceased Black which falls under subsection (1) or (2).
[Para. (b) substituted by s. 7 (d) of Act 9 of 1929.]
[Sub-s. (7) amended by s. 7 (d) of Act 9 of 1929.]
(8) A Master of the Supreme court may revoke letters of administration issued by him in respect of any Black estate.
(9) Whenever a Black has died leaving a valid will which disposes of any portion of his estate, Black law and custom shall not apply to the administration or distribution of so much of his estate as does not fall under subsection (1) or (2) and such administration and distribution shall in all respects be in accordance with the Administration of Estates Act, 1913 (Act 24 of 1913).
[Sub-s. (9) substituted by s. 7 (e) of Act 9 of 1929.]
(10) The Governor-General may make regulations not inconsistent with this Act-
(a) prescribing the manner in which the estates of deceased Blacks shall be administered and distributed;
(b) defining the rights of widows or surviving partners in regard to the use and occupation of the quitrent land of deceased Blacks;
(c) dealing with the disherison of Blacks;
(d) ......
[Para. (d) deleted by s. 2 of Act 34 of 1986.]
(e) prescribing tables of succession in regard to Blacks; and
(f) generally for the better carrying out of the provisions of this section.
(11) Any Black estate which has, prior to the commencement of this Act, been reported to a Master of the Supreme Court shall be administered as if this Act had not been passed, and the provisions of this Act shall apply in respect of every Black estate which has not been so reported.
[Date of commencement of section 23: 1 January 1929.]
CHAPTER VI
LEGISLATION (ss 24-26)
Notwithstanding the repeal of Natal Law 19 of 1891 by section 1 of the Black Laws Amendment Act, 1976, the Schedule to that Act, as substituted by Proclamation R.195 of 1967, shall, subject to the provisions of section 7 (a) of the Alteration of Provincial Boundaries Act, 1978 (Act 36 of 1978), remain of full force as law for Blacks in Natal, and the State President may from time to time by proclamation in the Gazette amend, repeal or substitute the provisions of the said Schedule, which shall be known as the Code of Zulu Law: Provided that no such proclamation shall have any force or effect until one month has elapsed from the date of its promulgation in the Gazette.
[S. 24 amended by s. 2 of Act 4 of 1976 and substituted by s. 1 of Act 3 of 1980.]
[S. 25 amended by s. 1 of Act 83 of 1984 and repealed by s. 5 (1) of Act 108 of 1991.]
[a38y1927s26]26 List of proclamations to be laid before Parliament
(1) A list of proclamations issued by the State President under the authority of this Act shall be laid upon the Tables of both Houses of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and every such proclamation shall be in operation unless and until both Houses of Parliament have, by resolutions passed in the same session, requested the State President to repeal such proclamation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified, as the case may be, by a further proclamation in the Gazette.
(2) ......
[Sub-s. (2) deleted by s. 6 of Act 108 of 1991.]
[S. 26 substituted by s. 3 of Act 4 of 1976.]
CHAPTER VII
PREVENTION OF MISCONDUCT AND DISORDERS, REGULATION OF BLACK LIVING, AND CONTROL OF CERTAIN VILLAGES AND TOWNSHIPS (ss 27-30A)
(1) The Governor-General may make regulations with reference to all or any of the following matters:
(a) the exhibition of pictures of an undesirable character in any tribal settlement or Black compound or in any urban tribal settlement or Black village constituted under the Blacks (Urban Areas) Act, 1923 (Act 21 of 1923);
[Para. (a) amended by s. 10 of Act 108 of 1991.]
(b) the carrying of assegais, knives, kerries, sticks or other weapons or instruments by Blacks;
(c) the prohibition, control or regulation of gatherings or assemblies of Blacks;
(d) the observance by Blacks of decency;
[Para. (d) amended by s. 2 (a) of Act 9 of 1939.]
(d)bis the prohibition, restriction or regulation of-
(i) the sale (within areas to be defined in the regulations) of goods to Blacks employed on mines or works otherwise than on payment in case of the full purchase price of the goods;
(ii) the lending of money by traders (including persons licensed under subsection (2) of section one hundred and twenty-seven of the Liquor Act, 1928 (Act 30 of 1928), to sell sorghum beer) or the recovery of money lent by traders (including persons so licensed) to Blacks so employed;
(iii) the presence of traders (including persons so licensed) or their representatives at places within areas to be defined in the regulations where Blacks so employed receive their wages and while they are being paid their wages;
(iv) the giving of any assistance, whatsoever, whether direct or indirect, by owners or managers of or persons employed on mines or works to traders (including persons so licensed) in the collection of debts owing to them by Blacks so employed; and
(v) generally, the giving of credit by traders to Blacks so employed;
[Para. (d)bis inserted by s. 2 (b) of Act 9 of 1939 and amended by s. 3 of Act 42 of 1942.]
(d)ter the control or regulation of any tribal practice involving the mutilation or removal of or any operation upon any part of the body;
[Para. (d)ter inserted by s. 3 of Act 42 of 1942.]
(d)quater the prohibition, restriction or regulation of-
(i) the advertising, whether by word of mouth or by any other means, of Black medicines;
(ii) the advertising to Blacks, whether by word of mouth or by any other means, of any substance alleged to be capable of procuring for any person wealth or success in any undertaking or occupation or of producing in any person any disposition or attribute or immunity from, resistance against or susceptibility to hostile agencies, supernatural powers, witchcraft or unnatural diseases;
[Para. (d)quater inserted by s. 26 of Act 56 of 1949.]
(d)quin the payment of an allowance to a Black contemplated in section 21 A (1), and the defraying of expenses incurred by any such Black in the exercise of any power under that section, where such expenses are not defrayed from the funds of a community council in terms of section 9 (2) of the Community Councils Act, 1977 (Act 125 of 1977); and
[Para. (d)quin inserted by s. 2 of Act 94 of 1980.]
(e) generally for such other purposes as he may consider necessary for the protection, control, improvement and welfare of the Blacks, and in furtherance of peace, order and good government, the generality of the powers conferred by this paragraph not being limited by the provisions of the preceding paragraphs.
[Para. (e) amended by s. 25 of Act 54 of 1952.]
(2) Any such regulations may be made applicable only in any particular areas or in respect only of particular classes of persons, and different regulations may be made for different areas or in respect of different classes.
[S. 28 repealed by s. 17 of Act 67 of 1952.]
[S. 29 amended by s. 4 of Act 79 of 1957, by s. 3 of Act 70 of 1974 and by s. 7 of Act 108 of 1991 and repealed by s. 7 of Act 206 of 1993.]
[S. 30 substituted by s. 9 of Act 21 of 1943 and by s. 2 (1) of Act 83 of 1984, amended by s. 2 of Act 57 of 1986, by s. 1 of Act 53 of 1988 and by s. 7 (1) (b) of Act 71 of 1991 and repealed by s. 8 (1) of Act 108 of 1991.]
[S. 30A inserted by s. 3 of Act 57 of 1986 and repealed by s. 8 (1) of Act 108 of 1991.]
CHAPTER VIII
GENERAL (ss 31-37)
(1) In any case in which he may deem fit, the Governor-General may grant to any Black a letter of exemption exempting the recipient from Black law and custom.
[Sub-s. (1) amended by s. 17 of Act 67 of 1952.]
(2) Any such exemption may be made subject to any condition imposed by the Governor-General and specified in such letter.
(3) Any letter of exemption issued under any law included in the Schedule to this Act shall be deemed to have been granted under subsection (1).
(4) Any letter of exemption granted under subsection (1), or referred to in subsection (3), may at any time be cancelled by the Governor-General without assigning any reason.
(5) The Governor-General may make regulations prescribing the forms of application for letters of exemption, the particulars to be submitted therewith, the method of registration of such letters, the fees which may be imposed, the form and issue of documents certifying the fact of exemption, the requirements as to the production of such documents and the penalties for wilfully false statements made in connection with any application for exemption.
[Sub-s. (5) added by s. 8 of Act 9 of 1929.]
[a38y1927s32]32 Penalties for breach of proclamation, rule or regulation
(1) Any proclamation, rule or regulation made under the authority of this Act may prescribe penalties for a contravention thereof, or default in complying therewith.
(2) In the absence of any specific penalty for any offence under this Act or any proclamation, rule or regulation made thereunder, the court convicting any person of such offence may impose upon him a fine not exceeding twenty-five pounds, or in default of payment imprisonment for a period not exceeding three months.
(3) Different provisions may be made by proclamation, rule or regulation in respect of different localities.
[S. 32A inserted by s. 2 of Act 63 of 1966 and repealed by s. 2 (1) of Act 40 of 2002.]
Notwithstanding anything in any other law contained, no stamp duty or fee shall be payable in respect of any declaration made under the provisions of this Act.
The Governor-General may, by proclamation in the Gazette, apply mutatis mutandis the provisions of Chapter III of this Act or of any portion thereof to any area or piece of land in the district of Namaqualand in the Province of the Cape of Good Hope, which has been granted, set apart, reserved or made available for occupation by persons commonly described as Hottentots or Bastards or to the areas comprising the Fingo and the Hottentot village situate within the urban area of Grahamstown in the province of the Cape of Good Hope.
[S. 34 amended by s. 4 of Act 42 of 1942.]
In this Act, and any proclamation, rule or regulation made thereunder, unless inconsistent with the context-
'Black' shall include any person who is a member of any aboriginal race or tribe of Africa;
[Definition of 'Black' amended by s. 3 (b) of Act 9 of 1939, substituted by s. 4 of Act 70 of 1974 and amended by s. 2 of Act 3 of 1980 and by s. 9 (a) of Act 108 of 1991.]
'chief', in relation to a Black tribe, includes a paramount chief and a sub-chief;
[Definition of 'chief' inserted by s. 4 of Act 42 of 1956.]
'Chief Commissioner' includes an Assistant chief Commissioner;
[Definition of 'Chief Commissioner' inserted by s. 10 of Act 21 of 1943.]
'Commissioner' includes an Additional and an Assistant Commissioner;
[Definition of 'Commissioner' amended by s. 9 (c) of Act 9 of 1929.]
'customary union' means the association of a man and a woman in a conjugal relationship according to Black law and custom, where neither the man nor the woman is party to a subsisting marriage;
[Definition of 'customary union' substituted by s. 9 (a) of Act 9 of 1929.]
'house' means the family and property, rights and status, which commence with, attach to, and arise out of the customary union of each Black woman;
'location' ......
[Definition of 'location' deleted by s. 9 (b) of Act 108 of 1991.]
'marriage' means the union of one man with one woman in accordance with any law for the time being in force in any Province governing marriages, but does not include any union contracted under Black law and custom or any union recognized as a marriage in Black law under the provisions of section one hundred and forty-seven of the Code of Black Law contained in the Schedule to Law 19 of 1891 (Natal) or any amendment thereof or any other law;
[Definition of 'marriage' inserted by s. 9 (b) of Act 9 of 1929.]
'mine' bears the meaning assigned to the expression by section two of the Black Labour Regulation Act, 1911 (Act 15 of 1911), as amended by section thirty-three of the Black Laws Amendment Act, 1937 (Act 46 of 1937);
[Definition of 'mine' inserted by s. 3 (a) of Act 9 of 1939.]
'Minister' means the Minister of Regional and Land Affairs;
[Definition of 'Minister' substituted by s. 4 of Act 89 of 1993.]
'partner' means any spouse of a customary union;
'pass area' ......
[Definition of 'pass area' deleted by s. 17 of Act 67 of 1952.]
'tribal settlement' means any area where persons reside according to indigenous law;
[Definition of 'tribal settlement' inserted by s. 9 (c) of Act 108 of 1991.]
'works' bears the meaning assigned to the expression by section two of the Black Labour Regulation Act, 1911 (Act 15 of 1911), as amended by section thirty-three of the Black Laws Amendment Act, 1937 (Act 46 of 1937).
[Definition of 'works' added by s. 3 (c) of Act 9 of 1939.]
The laws mentioned in the Schedule to this Act, and so much of any other law as may be repugnant to or inconsistent with the provisions of this Act, are hereby repealed.
[Date of commencement: 1 January 1929.]
This Act may be cited as the Black Administration Act, 1927, and shall commence upon a date to be fixed by the Governor-General by proclamation in the Gazette: Provided that in such proclamation the Governor-General may exclude from application any specified part or provision of this Act, which shall thereupon not apply until brought into operation by a further proclamation in the Gazette.
First Schedule
LAWS REPEALED
|
Province or Union |
No. and Year of Law |
Title or subject of Law |
Extent of Repeal |
|
Cape of Good Hope |
Act 17 of 1864 |
The Certificate of Citizenship Amendment Act, 1864 |
The whole. |
|
" |
Act 18 of 1864 |
The Black Successions Act, 1864 |
The whole. |
|
" |
British Kaffraria Ordinance 10 of 1864 |
The Black Successions Ordinance |
The whole. |
|
" |
Act 37 of 1884 |
The Black Locations Act, 1884 |
So much as is unrepealed. |
|
" |
Act 39 of 1887 |
The Black Registered Voters Relief Act, 1887 |
In so far as it in conflict with the provisions of this Act. |
|
" |
Act 25 of 1894 |
The Glen Grey Act, 1894 |
Sections nineteen to twenty-five inclusive. |
|
" |
Act 14 of 1905 |
The Glen Grey Amendment Act, 1905 |
Sections one and two. |
|
Natal |
Law 28 of 1865 |
For relieving certain persons from the operation of Black law |
The whole. |
|
" |
Law 26 of 1875 |
The Black Administration Law, 1875 |
So much as is unrepealed excepting section fourteen. |
|
" |
Government Notice 194 of 1878 |
The Code of Black Law |
So far as it applies to Zululand. |
|
" |
Law 44 of 1887 |
To amend the Black Administration Law, 1875 |
So much as is unrepealed excepting section seven. |
|
" |
Law 19 of 1891 |
To legalize the Code of Black Law |
Section two. |
|
" |
Act 7 of 1895 |
To enable certain Blacks to dispose of immovable property |
The whole. |
|
" |
Act 49 of 1898 |
The Courts Act, 1898 |
Paragraph (e) of section four, sections thirty-seven to forty-one inclusive, Chapters III and IV, and section seventy-one. |
|
" |
Act 47 of 1901 |
To amend the Courts Act, 1898 |
Section seven. |
|
" |
Act 1 of 1909 |
The Black Administration Act, 1909 |
So much as is unrepealed. |
|
Transvaal |
Law 4 of 1885 |
To provide for the better administration of justice among Blacks |
So much as is unrepealed. |
|
" |
Law 3 of 1898 |
Relative to the contracts of Black chiefs |
The whole. |
|
" |
Law 7 of 1899 |
Regulating the competency of Black Commissioners to punish legal practitioners |
The whole. |
|
" |
Proclamation 35 of 1901 |
Coloured Persons Exemption (or Relief) Proclamation, 1901 |
The whole. |
|
" |
Proclamation 28 of 1902 |
The Administration of Estates Proclamation, 1902 |
Sections seventy and seventy-one. |
|
" |
Ordinance 3 of 1902 |
The Black Commissioners Jurisdiction Ordinance, 1902 |
The whole. |
|
" |
Ordinance 28 of 1902 |
The Black Relief Ordinance, 1902 |
The whole. |
|
" |
Act 29 of 1907 |
The Black Administration Amendment Act, 1907 |
The whole. |
|
Orange Free State |
Chapter XXXVI |
Regarding the tribe of Paulus Mopeli |
The whole. |
|
" |
Chapter LVI |
On the liquidation and distribution of Barolong Estates |
The whole. |
|
" |
Law 9 of 1898 |
Regarding the tribe at Witzieshoek |
The whole. |
|
" |
Law 26 of 1899 |
The Marriage Law |
Section twenty-eight. |
|
" |
Ordinance 2 of 1903 |
The Coloured Persons Relief Ordinance, 1903 |
The whole. |
|
" |
Ordinance 12 of 1907 |
The Coloured persons of Distinction Exemption Ordinance, 1907 |
The whole. |
|
Union |
Act 24 of 1913 |
The Administration of Estates Act, 1913 |
Paragraph (d ) of subsection (1) of section three. |
|
" |
Act 32 of 1917 |
The Magistrates' Court Act, 1917 |
Subsection (1) of section one hundred and eight in so far as it relates to Black cases. |
|
" |
Act 7 of 1924 |
The Black Chiefs' Jurisdiction (Transvaal and British Bechuanaland) Act, 1924 |
The whole, except section two. |
Second Schedule
[Second Schedule inserted by s. 24 of Act 36 of 1944.]
(Conditions of substituted deeds of grant issued under section seven in respect of land in the areas comprising the Fingo and Hottentot Village situate within the urban area of Grahamstown in the Province of the Cape of Good Hope.)
1. That the land hereby granted shall not be alienated or transferred to any person unless the consent of the Governor-General shall have been first had and obtained.
2. ......
[Para. 2 deleted by s. 1 of Act 56 of 1968.]
3. That the land hereby granted shall be further subject to all such duties and regulations as are either already, or shall in future be, established with regard to such lands.
Third Schedule
[Third Schedule added by s. 2 of Act 13 of 1955 and amended by s. 36 (1) of Act 12 of 2004.]
Offences which may not be tried by a chief, headman or chief's deputy under subsection (1) of section twenty:
Treason.
Crimen laesae majestatis.
Public violence.
Sedition.
Murder.
Culpable homocide.
Rape.
Robbery.
Assault with intent to do grievous bodily harm.
Assault with intent to commit murder, rape or robbery.
Indecent assault.
Arson.
Bigamy.
Crimen injuria.
Abortion.
Abduction.
Offences under any law relating to stock theft.
Sodomy.
Bestiality.
Any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.
Breaking or entering any premises with intent to commit an offence either at common law or in contravention of any statute.
Receiving any stolen property knowing that it has been stolen.
Fraud.
Forgery or uttering a forged document knowing it to be forged.
Any offence under any law relating to illicit possession of or dealing in any precious metals or precious stones.
Any offence under any law relating to conveyance, possession or supply of habit-forming drugs or intoxicating liquor.
Any offence relating to the coinage.
Perjury.
Pretended witchcraft.
Faction fighting.
Man stealing.
Incest.
Extortion.
Defeating or obstructing the course of justice.
Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
PENDLEX: Black Administration Act 38 of 1927 after amendment by the Magistrates' Courts Amendment Act 120 of 1993
Any party to a suit in which a Black chief, headman or chief's deputy has given judgment may appeal therefrom to any civil court of a district which would have had jurisdiction had the proceedings in the first instance been instituted in a civil court of a district, and if the appellant has noted his appeal in the manner and within the period prescribed by regulation under subsection (6), the execution of the judgment shall be suspended until the appeal has been decided (if it was prosecuted at the time and in the manner so prescribed) or until the expiration of the last-mentioned period if the appeal was not prosecuted within that period, or until the appeal has been withdrawn or has lapsed: Provided that no such appeal shall lie in any case where the claim or the value of the matter in dispute is less than R10, unless the court to which the appellant proposes to appeal, has certified after summary enquiry that the issue involves an important principle of law.
[a9y1939]BLACK ADMINISTRATION (AMENDMENT) ACT 9 OF 1939
[ASSENTED TO 27 MARCH 1939] [DATE OF COMMENCEMENT: 29 MARCH 1939]
(Signed by the Governor-General in English)
ACT
To amend the Black Administration Act, 1927.
1 to 3 inclusive Amend respectively the following sections of the Black Administration Act 38 of 1927: 2, 27, 35.
4 Short title
This Act shall be called the Black Administration (Amendment) Act, 1939.
[a42y1942]BLACK ADMINISTRATION AMENDMENT ACT 42 OF 1942
[ASSENTED TO 20 APRIL 1942] [DATE OF COMMENCEMENT: 28 APRIL 1942]
(Signed by the Governor-General in Afrikaans)
as amended by
Land Titles Adjustment Act 111 of 1993
ACT
To amend the laws relating to Black administration.
1 Amends section 7 of the Black Administration Act 38 of 1927.
2 ......
[S. 2 repealed by s. 15 (1) of Act 111 of 1993.]
3 and 4 Amend respectively sections 27 and 34 of the Black Administration Act 38 of 1927.
5 Amends section 10 of the Black Administration Act, 1927, Amendment Act 9 of 1929.
6 Short title
This Act shall be called the Black Administration Amendment Act, 1942.
[a21y1943]BLACK ADMINISTRATION (AMENDMENT) ACT 21 OF 1943
[ASSENTED TO 19 APRIL 1943] [DATE OF COMMENCEMENT: 21 APRIL 1943]
(Signed by the Officer Administering the Government in English)
as amended by
Marriage Act 25 of 1961
ACT
To amend the Black Administration Act, 1927, and Law 46 of 1887 of Natal.
1 Definition
In this Act the expression 'the principal Act' means the Black Administration Act, 1927 (Act 38 of 1927), as amended.
2 Substitutes section 2 of the Black Administration Act 38 of 1927.
3 Amends section 10 of the Black Administration Act 38 of 1927.
4 Inserts section 10bis in the Black Administration Act 38 of 1927.
5 and 6 Amend respectively sections 11 and 12 of the Black Administration Act 38 of 1927.
7 Substitutes section 14 of the Black Administration Act 38 of 1927.
8 Amends section 20 of the Black Administration Act 38 of 1927.
9 Substitutes section 30 of the Black Administration Act 38 of 1927.
10 Amends section 35 of the Black Administration Act 38 of 1927.
11 Continuance of measures taken under superseded provisions
Any action taken under any provision of the principal Act which has been superseded by a provision contained in this Act shall be deemed to have been taken under the last-mentioned provision, if it would have been validly taken had the last-mentioned provision been in force at the time when the action in question was taken.
12 ......
[S. 12 repealed by s. 39 (1) of Act 25 of 1961.]
13 Short title
This Act shall be called the Black Administration (Amendment) Act, 1943.
[a13y1955]BLACK ADMINISTRATION AMENDMENT ACT 13 OF 1955
[ASSENTED TO 28 MARCH 1955] [DATE OF COMMENCEMENT: 30 MARCH 1955]
(English text signed by the Governor-General)
ACT
To amend the Black Administration Act, 1927.
1 Substitutes section 20 of the Black Administration Act 38 of 1927.
2 Adds the Third Schedule to the Black Administration Act 38 of 1927.
3 Short title
This Act shall be called the Black Administration Amendment Act, 1955.
[a42y1956]BLACK ADMINISTRATION AMENDMENT ACT 42 OF 1956
[ASSENTED TO 29 MAY 1956] [DATE OF COMMENCEMENT: 1 JUNE 1956]
(English text signed by the Governor-General)
ACT
To amend Act 11 of 1896 of Natal and the Black Administration Act, 1927.
1 Amends section 4 of Act 11 of 1896 of Natal.
2 Substitutes section 1 of the Black Administration Act 38 of 1927.
3 and 4 Amend respectively sections 5 and 35 of the Black Administration Act 38 of 1927.
5 Short title
This Act shall be called the Black Administration Amendment Act, 1956.
[a44y1981]BLACK ADMINISTRATION AMENDMENT ACT 44 OF 1981
[ASSENTED TO 3 MARCH 1981] [DATE OF COMMENCEMENT: 27 MARCH 1981]
(English text signed by the State President)
ACT
To amend the Black Administration Act, 1927, so as to exclude certain persons from the jurisdiction of a Commissioner's Court; and to provide for matters connected therewith.
1 Amends section 10 (1) of the Black Administration Act 38 of 1927 by adding paragraph (f) to the proviso.
2 Short title
This Act shall be called the Black Administration Amendment Act 1981.