PROJECT 25 STATUTORY LAW REVISION: …40 of Act 63 of 1975. Section 15 without the other provisions is meaningless and for this reason it is recommended for repeal. 2.42 Section 19

PROJECT 25

STATUTORY LAW REVISION:

LEGISLATION ADMINISTERED BY THE

DEPARTMENT OF TRANSPORT

DISCUSSION PAPER 114

MAY 2008

Closing date for comments: 31 August 2008

ISBN: 978-0-621-37829-0

(i)

ii

Introduction

The South African Law Reform Commission was established by the South African Law

Reform Commission Act, 1973 (Act 19 of 1973).

The members of the Commission are –

The Honourable Madam Justice Yvonne Mokgoro (Chairperson)

The Honourable Mr Justice Willie Seriti (Vice Chairperson)

Professor Cathi Albertyn

The Honourable Mr Justice Dennis Davis

Mr Thembeka Ngcukaitobi

Advocate Dumisa Ntsebeza SC

Professor PJ Schwikkard

Advocate Mahlape Sello

The Acting Secretary is Mr. Michael Palumbo. The project leader responsible for this

investigation is Ms Thuli Madonsela. The researcher assigned to this investigation is Mr

Fanyana Mdumbe. The Commission’s offices are on the 12th floor, Sanlam Centre, corner

of Andries and Schoeman streets, Pretoria.

Correspondence should be addressed to:

The Secretary

South African Law Reform Commission

Private Bag X668

Pretoria

0001

Telephone: (012) 392-9550 or (012) 392 9560

Fax: 086 686 3810 or (012) 320-0936

E-mail: [email protected]

Website: http://salawreform.justice.gov.za/

iii

Preface

This Paper has been prepared to elicit responses and to serve as basis for the Commission’s

further deliberations. It contains the Commission’s preliminary recommendations. The views,

conclusions and recommendations which follow should not be regarded as the Commission’s

final views.

The Paper (which includes a draft Bill entitled the Transport Acts Repeal Act which, if enacted,

will repeal redundant, obsolete and unconstitutional legislation or provisions in legislation) is

published in full so as to provide persons and bodies wishing to comment with sufficient

background information to enable them to place focused submissions before the Commission.

A summary of preliminary recommendations and questions for comment appear on

page (v). The proposed Transport Acts Repeal Bill is contained in Annexure A. Schedule

1 of the proposed Transport Acts Repeal Bill consists of Acts that may be wholly

repealed, and Schedule 2 identifies specific provision or provisions in legislation that

may be repealed. Annexure B contains list of statutes (including those recommended for

repeal in this document) currently administered by the Department of Transport enacted

between 1910 and 2004.

The Commission will assume that respondents agree to the Commission quoting from or

referring to comments of and attributing comments to respondents, unless representations are

marked confidential. Respondents should be aware that the Commission may in any event be

required to release information contained in representations under the Promotion of Access to

Information Act 2 of 2000.

Respondents are requested to submit written comment and representations to the Commission

by 31 August 2008 at the address appearing on the previous page. Comment can be sent by

post or fax, but comments sent by e-mail in electronic format are preferable.

This Discussion Paper is available on the internet at www.doj.gov.za/salrc/index.htm Any

inquiries should be addressed to the Secretary of the Commission or the researcher allocated

to the project, Mr Fanyana Mdumbe. Contact particulars appear on the previous page.

iv

Preliminary recommendations and questions for comments

1. The Commission has been mandated with the task of revising the South African statute

book with a view to identifying and recommending for repeal or amendment legislation or

provisions in legislation that are inconsistent with the equality clause in the Constitution,

redundant or obsolete. Pursuant to this mandate, the Commission has established that there

are 2800 Acts in the statute book. Furthermore, the Commission has identified 218 Acts as

being statutes that are administered by the Department of Transport. After careful and thorough

analysis of the Acts administered by the Department of Transport, the Commission proposes

that:

(i) The Acts set out in Schedule 1 of the proposed Repeal Bill contained in

Annexure A be repealed for the reasons set out in Chapter 2 of this

Discussion Paper; and that

(ii) Various provisions of Acts set out in Schedule 2 of the proposed Transport

Acts Repeal Bill, found in the same Annexure referred to above, be repealed

to the extent set out in that Schedule.

2. Furthermore, it is possible that some of the statutes recommended for repeal are still

useful, and thus should not be repealed. Moreover, it is also possible that there are pieces of

legislation not identified for repeal in this Discussion Paper which are of no practical utility

anymore and which could be repealed. These should be identified and brought to the attention

of the Commission.

v

TABLE OF CONTENTS

Introduction (ii)

Preface (iii)

Preliminary recommendations and questions for comments (iv)

Chapter 1: Project 25: Statutory Law Revision

A. Introduction 1

(a) Background of the investigation 1

(b) Initial investigation 2

(c) Reports of the Commission proposing reform or the repeal

of discriminatory provisions 3

(d) Commencement of project 3

B. What is statutory law revision? 4

C. Scope of the project 8

D. Assistance by Government departments and stakeholders 9

E. Statutes administered by the Department of Transport 9

F. Consultation process 9

Chapter 2: Explanatory note on the Draft Transport Acts Repeal Bill

A. Introduction 10

B. Legislation recommended for repeal or amendment 10

LIST OF ANNEXURES

Annexure A: Transport Acts Repeal Bill 27

Annexure B: List of statutes administered by the Department of Transport 31

1

Chapter 1

A INTRODUCTION

(a) Background of the investigation

1.1 The objects of the SA Law Reform Commission (the SALRC) are set out as follows in

the South African Law Reform Commission Act 19 of 1973: to do research with reference to all

branches of the law of the Republic and to study and to investigate all such branches of the

law in order to make recommendations for the development, improvement, modernisation or

reform thereof, including –

the repeal of obsolete or unnecessary provisions;

the removal of anomalies;

the bringing about of uniformity in the law in force in the various parts of the

Republic; and

the consolidation or codification of any branch of the law.

1.2 In short, the Commission is an advisory body whose aim is the renewal and

improvement of the law of South Africa on a continuous basis.

1.3 Shortly after its establishment in 1973, the Commission undertook a revision of all pre-

Union legislation as part of its project 7. This resulted in the repeal of approximately 1 200

ordinances and proclamations of the former Colonies and Republics. In 1981 the Commission

finalised a report on the repeal of post-Union statutes as part of its project 25 on statute law:

the establishment of a permanently simplified, coherent and generally accessible statute book.

This report resulted in Parliament adopting the Repeal of Laws Act, 1981 (Act No 94 of 1981)

which repealed approximately 790 post-Union statutes.

1.4. In February 2001 Cabinet requested Government Departments to identify all

discriminatory and unconstitutional legislation enacted prior to 1994, as well as the review

provisions in the legislative framework that would result in discrimination as defined by section

9 of the Constitution. It was resolved that the Minister of Justice and Constitutional

Development would coordinate the process with a view to finalise the process by 31

December 2001.

2

1.5 In 2004 the Commission included in its law reform programme an investigation into

statutory law revision, which entails a revision of all statutes from 1910 to date. While the

emphasis in the previous investigations was to identify obsolete and redundant provisions for

repeal, the emphasis in the current investigation will be on compliance with the Constitution.

However, all redundant and obsolete provisions identified in the course of the current

investigation will also be recommended for repeal. Furthermore, it should be stated right from

the outset that the constitutional inquiry is limited to statutory provisions that blatantly violate

the provisions of section 9 (the equality clause) of the Constitution.

1.6 With the advent of constitutional democracy in 1994, the legislation enacted prior to

that year remained in force. This has led to a situation where numerous pre1994 provisions

are constitutionally non-compliant. The matter is compounded by the fact that some of these

provisions were enacted to promote and sustain the policy of apartheid. A recent provisional

audit, by the Commission, of national legislation remaining on the statute book since 1910,

established that there are in the region of 2 800 individual statutes, comprising principal Acts,

amendment Acts, private Acts, additional or supplementary Acts and partially repealed Acts. A

substantial number of these Acts serve no useful purpose anymore, while many others still

contain unconstitutional provisions that have already given rise to expensive and sometimes

protracted litigation.

(b) Initial investigation

1.7 In the early 2000s, the Commission and the German Agency for Technical Cooperation

commissioned the Centre for Applied Legal Studies of the University of the Witwatersrand to

conduct a study to determine the feasibility, scope and operational structure of revising the

South African statute book for constitutionality, redundancy and obsoleteness. The Centre for

Applied Legal Studies of the University of the Witwatersrand pursued four main avenues of

research in their study conducted in 2001:1

First, a series of role-player interviews were conducted with representatives of all

three tiers of government, Chapter 9 institutions, the legal profession, academia and

civil society. These interviews revealed a high level of support for the project.

Second, an analysis of all Constitutional Court judgments until 2001 was undertaken.

Schedules reflecting the nature and outcome of the cases, and the statutes

impugned were compiled. The three most problematic categories of legislative

provision were identified, and an analysis made of the Constitutional Court’s

1 “Feasibility and Implementation Study on the Revision of the Statute Book” prepared by the Law &

Transformation Programme of the Centre for Applied Legal Studies of the University of the Witwatersrand.

3

jurisprudence in relation to each category. The three categories were: reverse onus

provisions; discriminatory provisions; and provisions that infringe on the separation of

powers. Guidelines summarising the Constitutional Court’s jurisprudence were

compiled in respect of each category.

Third, sixteen randomly selected national statutes were tested against these

guidelines. The outcome of the test was then compared against a control audit that

tested the same statutes against the entire Bill of Rights, excluding socio-economic

rights. A comparison of the outcomes revealed that a targeted revision of the statute

book, in accordance with the guidelines, produced surprisingly effective results.

Fourth, a survey of five countries (United Kingdom, Germany, Norway, Switzerland

and France) was conducted. With the exception of France, all the countries have

conducted or are conducting statutory revision exercises, although the motivation for

and the outcomes of these exercises differ.

(c) Reports of the Commission proposing reform or the repeal of discriminatory

provisions

1.8 The following reports, proposing reform of discriminatory areas of the law or the repeal

of specific discriminatory provisions, were finalised by the Commission –

the Recognition of Customary Marriages (August 1998);

the Review of the Marriage Act 25 of 1961 (May 2001);

the Application of the Bill of Rights to Criminal Procedure, Criminal Law, the

Law of Evidence and Sentencing (May 2001);

Traditional Courts (January 2003);

the Recognition of Muslim Marriages (July 2003);

the Repeal of the Black Administration Act 1927 (March 2004);

Customary Law of Succession (March 2004); and

Domestic Partnerships (in March 2006).

(d) Commencement of project

1.9 Early in 2004 the Commission informed all national Government departments of the

priority of the investigation into statutory law revision. The Commission conducted a workshop

with representatives from these departments, so as to secure their participation in the revision

process. From the outset it was clear that with the available capacity at the Commission and in

government departments, the review will at this stage focus on national legislation.

4

1.10 As mentioned previously, a provisional audit of all national legislation on the statute

book — from 1910 to 2004 — was conducted by the Commission, in 2004. This audit

determined that there were in the region of 2 800 individual statutes, comprising principal Acts,

amendment Acts, private Acts, additional or supplementary Acts and partially repealed Acts.

Government departments were then requested, in August 2004, to study the provisional audit

of national legislation and to confirm their respective responsibilities for administering the

statutes that were allocated to them. A number of statutes, however, remained unaccounted

for and were not claimed by any of the departments. Consequently, the Commission launched

its own investigation in order to establish which Ministers introduced these statutes. A

significant problem encountered in this regard was that some departments, which existed at

the time the legislation was promulgated, are no longer in existence. Furthermore, it was not

clear which of the current Government departments inherited the legislation administered by

these “old” departments. The Commission then grouped the remaining legislation into various

categories, and submitted this information, during 2005, to those departments the Commission

believed had responsibility for administering the remaining statutes and requested them to

investigate and provide feedback.

1.11 In 2006 the Commission once again corresponded with Government departments

informing them that it wished to secure their assistance in reducing the number of obsolete or

redundant pieces of legislation on the statute book. The number of statutes that each

department is responsible for were set out in lists which were forwarded to them. It was

pointed out to the departments that it was possible that although some of these statutes may

be redundant or obsolete, they still remain on the statute book, since they have never been

formally repealed. In some instances, Principal Acts may have been repealed while their

corresponding Amendment Acts were never listed in a Schedule to the repealing Act — thus

causing the Amendment Acts, although of no legal force, to clutter up the statute book (unless,

of course, they contain substantive provisions).

B. WHAT IS STATUTORY LAW REVISION?

1.12 Statutory law revision ordinarily focuses on the identification and repeal of statutes that

are no longer useful in practice. As the Law Reform Commission for England and Wales

explains, the purpose of statute revision is to modernise and simplify statutes that need

updating, and to reduce the size of the statute book to the benefit of legal professionals and

5

other people who use it.2 Revision lessens the chance of people being misled by redundant

laws that still appear in the statute book and seem to be relevant or “live”. If statutory

provisions appear in the statute book and are referred to in legal textbooks, readers may

reasonably assume they still serve a purpose.

1.13 As is the case in other jurisdictions (and will be evident in this review), once legislation

is deemed no longer to apply, the question arises whether it should remain in the statute book

or be repealed.3 Usually such legislation no longer has any legal effect and is considered

obsolete, redundant, or spent. A statutory provision may be identified for repeal because the

grounds for which it was passed have lapsed or are presently remedied by another measure

or provision.

1.14 In the context of this investigation, the statutory law revision primarily targets statutory

provisions that are obviously at odds with the Constitution, particularly section 9.

1.15 The Law Commission for England and Wales lists the following guidelines for

identifying statutory provisions that are candidates for repeal:4

(a) references to bodies, organisations, etc. that have been dissolved or

wound up or which have otherwise ceased to serve any purpose;

(b) references to issues that are no longer relevant as a result of changes in

social or economic conditions (e.g. legislation about tithes or tin mines);

(c) references to Acts that have been superseded by more modern (or EU)

legislation or by international Convention;

(d) references to statutory provisions (i.e. sections, schedules, orders, etc.)

that have been repealed;

(e) repealing provisions e.g. “Section 33 is repealed/shall cease to have

effect”;

(f) commencement provisions once the whole of an Act is in force;

2 See the Background Notes on Statute Law Repeals compiled by the Law Commission for

England and Wales, par 1 accessed from http://lawcommission.justice.gov.uk/docs/background_notes.pdf on 28 May 2008.

3 See the Background Notes on Statute Law Repeals compiled by the Law Commission for England and Wales, par 6. accessed from http://lawcommission.justice.gov.uk/docs/background_notes.pdf on 28 May 2008.

4 See the Background Notes on Statute Law Repeals compiled by the Law Commission for England and Wales, par 7 accessed from http://lawcommission.justice.gov.uk/docs/background_notes.pdf on 28 May 2008.

6

(g) transitional or savings provisions that are spent;

(h) provisions that are self-evidently spent - e.g. a one-off statutory

obligation to do something becomes spent once the required act has

duly been done;

(i) powers that have never been exercised over a period of many years or

where any previous exercise is now spent.

1.16 The Law Commission of India notes that in England the terms “expired”, “spent”,

“repealed in general terms”, “virtually repealed”, “superseded”, and “obsolete” were defined in

memoranda to Statute Law Revision Bills as follows: 5

Expired – that is, enactments which having been originally limited to

endure only for a specified period by a distinct provision, have not been

either perpetuated or kept in force by continuance, or which have merely

had as their object the continuance of previous temporary enactments

for periods now gone by effluxion of time

Spent – that is, enactments spent or exhausted in operation by the

accomplishment of the purposes for which they were passed, either at

the moment of their first taking effect or on the happening of some event

or on the doing of some act authorised or required

Repealed in general terms – that is, repealed by the operation of an

enactment expressed only in general terms, as distinguished from an

enactment specifying the Acts which it is to operate

Virtually repealed – where an earlier enactment is inconsistent with, or is

rendered nugatory by, a later one

Superseded – where a later enactment effects the same purposes as an

earlier one by repetition of its terms or otherwise

Obsolete – where the state of things contemplated by the enactment

has ceased to exist, or the enactment is of such a nature as to be no

longer capable of being put in force, regard being had to the alteration of

political or social circumstances.

1.17 Statutory provisions usually become redundant as time passes.6 Generally, the

redundancy of legislation is not signalled by a single occurrence; rather, legislation is often

5 Law Commission of India Ninety-Sixth Report on Repeal of Certain Obsolete Central Acts

March 1984; p 3 of Chapter 2 (p 6 of 21) accessed from http://lawcommissionofindia.nic.in/51-100/Report96.pdf on 29 August 2007 and 28 May 2008.

7

simply overtaken by social and economic changes. Inevitably some provisions fade away

more quickly than others. Relatively short-lived provisions include commencement and

transitional provisions and those that confer powers to be exercised during the period between

the passing of legislation and its implementation (in some jurisdictions known as “pump-

priming” provisions). Provisions that provide for delegated legislation-making powers might

also become unnecessary over time, or a committee or board established by a statute might

no longer be required.

1.18 Substantial revision of statutory law is possible in South Africa because of the general

savings provisions of section 12(2) of the South African Interpretation Act. The South African

Interpretation Act, 1957 (Act 33 of 1957) mirrors section 16(1) of the Interpretation Act of 1978

of England and Wales.7 Section 12(2) of the South African Interpretation Act provides that

where a law repeals any other law, then unless the contrary intention appears, the repeal shall

not:

(a) revive anything not in force or existing at the time at which the repeal

takes effect; or

(b) affect the previous operation of any law so repealed or anything duly

done or suffered under the law so repealed; or

(c) affect any right, privilege, obligation or liability acquired, accrued or

incurred under any law so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any

offence committed against any law so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any

such right, privilege, obligation, liability, forfeiture or punishment as is in

this subsection mentioned,

and any such investigation, legal proceeding or remedy may be instituted,

continued or enforced, and any such penalty, forfeiture or punishment may be

imposed, as if the repealing law had not been passed.

6 Background Notes on Statute Law Repeals compiled by the Law Commission for England and

Wales, par 9 and 10 accessed from http://lawcommission.justice.gov.uk/docs/background_notes.pdf on 28 May 2008.

7 Background Notes on Statute Law Repeals compiled by the Law Commission for England and Wales, par 8 accessed from http://lawcommission.justice.gov.uk/docs/background_notes.pdf on 28 May 2008.

8

1.19 The constitutional validity aspect of this project focuses on statutes or provisions in

statutes that are clearly inconsistent with the right to equality entrenched in section 9 of the

Constitution. In practical terms this means that this leg of the investigation is limited to those

statutes or provisions in statutes that:

● Differentiate between people or categories of people, and which are not

rationally connected to a legitimate government purpose; or

● unfairly discriminate against people or categories of people on one or more

grounds listed in section 9(3) of the Constitution; or

● unfairly discriminate on grounds which impair or have the potential to impair a

person’s fundamental human dignity as a human being.

Consequently, a law or a provision in a law which appears, on the face of it, to be neutral and

non-discriminatory but which has or could have discriminatory effect or consequences has

been left to the judicial process.

C. SCOPE OF THE PROJECT

1.20 This investigation will accordingly, focus not only on obsolescence or redundancy of

provisions but also on the question of the constitutionality of provisions in statutes. In 2004

Cabinet endorsed that the highest priority be given to reviewing provisions that would result in

discrimination as defined in section 9 of the Constitution which prohibits unfair discrimination

on the basis of race, gender, sex, pregnancy, marital status, ethnic and social origin, colour,

sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The

Commission agrees that the project should proceed by scrutinising and revising national

legislation which discriminates unfairly.8 However, even the section 9 inquiry is fairly limited,

dealing primarily with statutory provisions that are blatantly in conflict with section 9 of the

Constitution. This is necessitated by, among other considerations, time and capacity. It is not

foreseen that the Commission and government departments will have capacity in the

foreseeable future to revise all national statutes or the entire legislative framework to

determine whether they contain unconstitutional provisions.

8 Cathi Albertyn prepared a ‘Summary of Equality jurisprudence and Guidelines for assessing the

SA Statute Book for Constitutionality against section 9 of the 1996 Constitution’, specifically for the SALRC in February 2006.

9

D. ASSISTANCE BY GOVERNMENT DEPARTMENTS AND STAKEHOLDERS

1.21 In 2004, Cabinet endorsed the proposal that government departments should be

requested to participate in and contribute to this investigation. In certain instances, legal

researchers cannot decide whether to recommend a provision for repeal unless they have

access to factual information that might be considered “inside” knowledge – of the type usually

accessible within a specific department or organisation. Examples include savings or

transitional provisions that are instituted to preserve the status quo until an office-holder

ceases to hold office or until a loan has been repaid. In such cases, the consultation paper

drafted by the SALRC invited the department or organisation being consulted to supply the

necessary information. The aim of the publication of discussion papers in this investigation is

likewise to determine whether departments and stakeholders agree with and support the

proposed findings and legislative amendment or repeal proposals. The SALRC relies on the

assistance of departments and stakeholders. This will ensure that all relevant provisions are

identified during this review, and dealt with responsively and without creating unintended

negative consequences.

E. STATUTES ADMINISTERED BY THE DEPARTMENT OF TRANSPORT

1.22 The Commission has identified 218 pieces of legislation as being statutes that are

administered by the Department of Transport. The Commission, after conducting an

investigation to determine whether any of these Acts or provisions therein may be repealed as

a result of redundancy, obsoleteness or unconstitutionality, has identified 54 Acts that may be

repealed wholly and 19 Acts that may be partially repealed. These Acts are contained in

Schedules 1 and 2 of the draft Bill attached as annexure A to this Discussion Paper. Further,

attached to the Discussion Paper are reasons why these statutes and/or provisions were

selected for repeal.

F. CONSULTATION PROCESS

1.23 The Department of Transport has been consulted on the preliminary recommendations

contained in this Discussion Paper and have no objection to the proposed repeals and

amendments.

10

Chapter 2

Repeal of legislation administered by the Department of Transport

A Introduction

2.1 The Commission has prepared a draft Bill entitled the Transport Acts Repeal Act,

which, if enacted, will repeal legislation administered by the Department of Transport which is

considered redundant, obsolete or inconsistent with section 9 of the 1996 Constitution (the

equality provision). The Schedule to the draft Bill contains various statutes identified by the

Commission as possible candidates for repeal. This Chapter contains reasons why these

statutes may be repealed.

B Legislation recommended for repeal or amendment

Legislation that makes a distinction on grounds of race: Black Transport Services

Amendment Acts, and the Transport Services for Coloured Persons and Indians

Amendment Act

2.2 The statutes recommended for repeal under this heading are the Black Transport

Services Amendment Acts of 1972 (Act 11 of 1972), 1974 (Act 47 of 1974), 1982 (Act 76 of

1982); and the Transport Services for Coloured Persons and Indians Amendment Act 77 of

1982. The purpose of the Black Transport Services Amendment Acts was to amend various

provisions of the Black Transport Services Act 53 of 1957; and the purpose of the Transport

Services for Coloured Persons and Indians Amendment Act of 1982 was to amend the

Transport Services for Coloured Persons and Indians Act 27 of 1972. Both these principal

Acts were repealed by the Population Registration Act Repeal Act 114 of 1991.9 However, the

amending Acts were not included in the Schedule to this Act setting out repealed Acts. These

statutes are recommended for repeal two reasons, namely their principal Act no longer exists

in the statute books and for the distinction they make between persons belonging to different

races.

2.3 The Transport Services for Coloured Persons and Indians Amendment Act of 1982 was

aimed at amending the Transport Services for Coloured Persons and Indians Act 27 of 1972.

9 The purpose of this Act, as set out in the long title, was to “Repeal the Population Registration

Act, 1950; to amend or repeal certain laws so as to abolish the distinctions made therein between persons belonging to different races or population groups…”.

11

Act 27 of 1972 (the principal Act) was also repealed by the Population Registration Act Repeal Act

of 1981. The Transport Services for Coloured Persons and Indians Amendment Act is hereby

recommended for repeal for the same reasons as the Black Transport Services Acts.

Railway Construction Acts

2.4 The statutes recommended for repeal under this heading are the Railway Construction

Acts of 1939 (Act 37 of 1939), 1945 (Act 17 of 1945), 1957(Act 49 of 1957), 1960 (Act 21 of

1960), 1961 (Act 57 of 1961), 1964 (Act 2 of 1964), 1965 (Act 5 of 1965), 1966 (Act 17 of



1985); Second Railway(s) Construction Acts of 1963 (Act 58 of 1963), 1971 (Act 83 of 1971),

1981 (Act 61 of 1981), 1982 (Act 75 of 1982), 1985 (Act 94 of 1985); and the Sishen-

Saldanha Bay Railway Construction Act 28 of 1973. These statutes made provision for the

construction and equipment of railway line or lines. Each of these statutes specified, either in

the long title,10 section or Schedule11, the place or places where such construction would take

place; the gross cost and the approximate length of such a railway line. The Department of

Transport, in their correspondence with the Commission, indicated that these statutes have

been repealed. However, the Commission, after conducting its own investigation, could not

establish the names of the Acts which repealed these statutes. It is also worth mentioning that

a number of Railway Construction Acts were expressly repealed by the Repeal of Laws Act 94

of 1981.12 It is clear that these statutes were enacted for a specific purpose, and if that

purpose has been achieved, they are spent, and may be repealed.

Railways and Harbours Strike and Service Amendment Act 7 of 1914

2.5 This Act was promulgated after the strike involving employees of the Railways and

Harbours which took place in January 1914. Its purpose was two-fold. First, it was aimed at

rewarding those employees of the Railways and Harbours who, during the strike, continued to

perform their duties. It further regulated conditions of re-employment of those employees who,

during the period of the strike, deserted, refused to serve or absented themselves from duty.

This Act granted those employees who remained faithful to their conditions of service special

10 For example, the long title of the Railway Construction Act 17 of 1945 provides that the purpose

of this Act is “To provide for the construction and equipment of a double line of railway between Kensington (Cape) and Bellville Station and for matters incidental thereto”.

11 In the Railway Construction Act 2 of 1964, for example, the places where construction would take place are listed in the First, Second and Third Schedules to the Act.

12 This Act repealed ±23 Railway Construction Acts promulgated between 1911 and 1963.

12

leave (which had to be taken before 31 December 1915) or pay in lieu thereof, a bonus,

reward, or special promotion.13 In respect of employees who were on strike, the Act provided,

inter alia, that the period of absence shall be reckoned as leave without pay; an employee who

did not offer to return to work at or before ten o’clock in the evening on the twenty-seven day

of January 1914 or who did so but was not accepted, would be deemed to have retired from

the service.14 This Act is recommended for repeal on grounds that it no longer serves any

useful purpose.

Transport (Co-ordination) Act 44 of 1948

2.6 This piece of legislation was repealed by section 2(1) of the Transport Deregulation Act

80 of 1988, subject to subsections (2) to (8). In a nutshell, these subsections made provision

for the continued existence of the National Transport Commission. Subsequently, the Cross-

Border Road Transport Act 4 of 1998 came into operation. Section 53 of the Cross-Border

Road Transport Act repealed, inter alia, the Transport Deregulation Act of 198815 and the

remaining provisions of the Transport (Co-ordination) Act of 1948.16 Four months after the

Cross-Border Transport Act came into operation, the Road Transport Appeal Matters

Amendment Act 70 of 1998 was enacted. The aim of this Act, as set out in the long title, was

to amend the Cross-Border Road Transport Act so as to make undone the repeal of the

Transport Deregulation Act. This amending Act is silent with regard to the Transport Co-

ordination) Act. The conclusion that the Transport (Co-ordination) Act was repealed, and that it

never revived is therefore unavoidable. For this reason, the Transport (Co-ordination) Act 44

of 1948 is recommended for repeal.

Railways and Harbours Acts Amendment Act 45 of 1952

2.7 This Act sought to amend the Railways and Harbours Regulation, Control and

Management Act 22 of 1916, the Railways and Harbours Service Act 23 of 1925, the Railways

and Harbours Superannuation Fund Act 24 of 1925, and the Railways and Harbours Acts

Amendment Act 49 of 1949. The first three Acts that were amended by this Act were repealed

by Act 70 of 1957, Act 22 of 1960 and Act 39 of 1960 respectively. However, the Railways and

Harbours Acts Amendment Act of 1949 is still in force. It is recommended that section 1(1) and

13 Section 2(1)-(5) of the Act. 14 See for example sections 3 and 4 of the Act. 15 Section 53(2) of the Act. 16 Section 53(3) of the Act.

13

(2) of Act 45 of 1952 be repealed on the ground that it refers to a piece of legislation that no longer

exists in the statute books.

Railways and Harbours Special Pensions Act 36 of 1955

2.8 In this Act the meaning assigned to certain phrases and terms makes reference to a

statute that has been repealed, creating an erroneous impression that this Act is still in force.

These terms or phrases are: “basic sum”, “beneficiary”, “dependent” and “principal Act”. In

terms of section 1(the definition clause), ‘basic sum’ means the actual benefit payable to a

dependant of a deceased former member under…or section thirty-one or thirty-two of the

Railways and Harbours Superannuation Fund Act, 1925 (Act 24 of 1925). Further, it states

that “‘beneficiary’ in relation to a former member who has died, means any relative of such

former member, referred to in … or section thirty-three of the Railways and Harbours

Superannuation Fund Act, 1925 (Act 24 of 1925)”. Lastly, it provides that “‘principal Act’

means…or the Railways and Harbours Superannuation Fund Act, 1925”. Act 24 of 1925 was

repealed by the Railways and Harbours Superannuation Fund Act 39 of 1960. References to

this Act should therefore be deleted.

Railway Expropriation Act 37 of 1955

2.9 The Act recommended for repeal here came into operation in January 1956. Its aim

was to regulate the procedure to be followed, and the assessment of the compensation to be

paid by the Railway Administration in connection with, and pursuant to the exercise by it of the

powers of expropriation conferred upon it by law.17 Initially, this Act had nineteen sections.

Seventeen of these sections were repealed by various pieces of legislation.18 The only

substantive provision that remains, in addition to the long title and section 19 (the short title

and date of commencement), is section 15 which provides that:

“Any person who wilfully obstructs any person doing any of the acts authorized by

subsection (7)ter, quat and quin of section 2 of the principal Act, or who wilfully fills up,

destroys, damages or displaces any excavation, trench, beacon, mark or weir made or

erected under subsection (7) ter of section 2 of the principal Act, shall be guilty of an

offence and liable on conviction to a fine not exceeding one hundred rand or in default

17 See the long title. 18 The Railways and Harbours Control and Management Consolidation Act 70 of 1957,

Expropriation Act 63 of 1975, Railways and Harbours Acts Amendment Act 46 of 1975, and the General Law Amendment Act 49 of 1996.

14

of payment to imprisonment for a period not exceeding six months, or to both such fine

and such imprisonment”.

2.10 This section was amended by section 10 of the Railways and Harbours Acts

Amendment Act 6 of 1965 and then substituted by section 4 of the Railways and Harbours

Acts Amendment Act 46 of 1975. Section 4 of the latter Act was itself repealed by the Repeal

of Laws Act 94 of 1981. It is clear that section 15 of the Railway Expropriation Act 37 of 1955

is an ancillary provision which should have fallen when section 2 of the principal Act was

revoked by the Expropriation Act 63 of 1975. In other words, the application of this provision

depends on the existence of section 2 of the principal Act and this section no longer exists.

This section (section 15) became obsolete when section 2 of the principal Act was repealed.

Furthermore, since this is the only provision remaining, the entire Act, and not just section 15,

may be repealed.

Merchant Shipping (Certificates of Competency) Amendment Act 48 of 1957

2.11 The purpose of this Act was to amend sections 8, 16, 18, and 19 of the Merchant

Shipping (Certificates of Competency) Act 45 of 1925. This amending Act is recommended for

repeal in its entirety because the Act (the principal Act) to which these amendments applied

was repealed by the Merchant Shipping Act 57 of 1951.

National Roads and Transport (Co-ordination) Amendment Act 51 of 1957

2.12 This legislation was enacted to amend the National Roads Act of 1935 and the

Transport (Co-ordination) Act of 1948.19 Sections 1 to 6 of this Act (Act 51 of 1957) were

repealed by section 29(1) of Act 54 of 1971. The remaining section, section 7, amended

section 6 of the Transport (Co-ordination) Act 44 of 1948. As stated, this Act was repealed by

the Transport Deregulation Act of 1988 and the Cross-Border Road Transport Act of 1998.

National Roads and Transport (Co-ordination) Amendment Act 19 of 1962

2.13 This Act is recommended for repeal for the same reason as Act 51 of 1957. The

purpose of the remaining section of this Act, section 10, was to amend section 9 of the

Transport (Co-ordination) Act 44 of 1948. As stated, the Transport (Co-ordination) Act of 1948

19 See the long title.

15

was repealed by the Transport Deregulation Act of 1988 and the Cross-Border Road

Transport Act of 1998, and as a result, section 10 has become redundant.

Railway Purchase Act 25 of 1971

2.14 This Act authorised the State President to cause to be purchased from the Electricity

Supply Commission a railway of approximately forty-eight kilometers, from a junction at

Broodsnyersplaas Station to a terminal point on the farm Tweefontein, District of Middelburg in

the Province of the Transvaal, at a cost not exceeding four million rand. Furthermore, it

empowered the President to initiate the construction and equipment of all sidings, stations,

building and other appurtenances necessary for and incidental to the proper functioning of the

said railway line. It is possible that the President exercised the powers conferred by this

legislation. If that is the case, the purpose for which the Act was enacted has been achieved and

may be repealed.

Transport (Co-ordination) Amendment Act 59 of 1971

2.15 The purpose of this amendment Act was to amend the provisions of the Transport (Co-

ordination) Act of 1948 relating to definitions, and the constitution and functions of the National

Transport Commission; to incorporate that body; and to repeal the provisions of the Transport

(Co-ordination) Act relating to the Advisory Committee on Roads. As stated, the Transport

(Co-ordination) Act 44 of 1948 was repealed by section 2(1) of the Transport Deregulation Act

80 of 1988. Subsection (2) to (8) made provision for the continued existence of the National

Transport Commission. Section 53 of the Cross-Border Road Transport Act 4 of 1998

repealed, inter alia, the remaining provisions of the Transport (Co-ordination) Act of 1948. In

the light of these revocations, the Transport (Co-ordination) Amendment Act is recommended

for repeal.

National Road Safety Amendment Acts

2.16 Acts recommended for repeal under this heading are the National Road Safety

Amendment Acts of 1974 (Act 46 of 1974), 1976 (Act 40 of 1976), 1980 (Act 16 of 1980), 1981

(Act 59 of 1981) and 1991 (Act 67 of 1991).These statutes were enacted to amend various

provisions of the National Road Safety Act 9 of 1972. The National Road Safety Act has been

targeted for repeal by the National Road Traffic Act 93 of 1996 as amended by section 39 of

16

the National Road Traffic Amendment Act 21 of 1999.20 However, section 39 of Act 21 of 1999

has not yet come into operation. If this provision does come into operation, the two

amendment Acts will become redundant. It is for this reason that they are recommended for

repeal.

Saldanha Bay Harbour Acquisition and Equipment Act 99 of 1976

2.17 This Act was enacted for the purpose of empowering the Administration21 to acquire

and equip the harbour at Saldanha Bay in the Province of the Good Hope.22 The

Administration, as defined in the Act did acquire and equip the harbour at Saldanha Bay and

this Act is hereby recommended for repeal.

Railway and Harbour Purchase Act 47 of 1977

2.18 This Act empowered the President to cause to be purchased from the South African

Iron and Steel Industrial Corporation Limited, the railway line built in terms of the Sishen-

Saldanha Bay Railway Construction Act of 1973, the harbour at Saldanha Bay constructed in

terms of the Saldanha Bay Harbour Construction Act of 1973, and any land or real rights in

land acquired or to be acquired by the South African Iron and Steel Corporation Limited, for

the purposes of such a railway line or such harbour prior to, or subsequent to the date of

purchase. If the powers conferred by this statute were exercised, the Act has become spent

and may be repealed.

Transport (Co-ordination) Amendment Act 73 of 1977

2.19 The principal Act amended by this Act was repealed, first by the Transport

Deregulation Act of 1988, and then by section 53(3) of the Cross-Border Road Transport Act 4

of 1998. However, this amendment Act was not repealed together with the principal Act. For

this reason, it is recommended for repeal.

20 Initially only three provisions of this Act, viz sections 7A, 14 and 26 were repealed by the

National Road Traffic Act 93 of 1996.20 On the heels of Act 93 of 1996 came the National Road Traffic Amendment Act 21 of 1999 which amended the Schedule to Act 93 of 1996 by substituting the phrase “The Whole” for the expression “Sections 7A, 14 and 26”. However, this section is yet to come into operation. Once this happens, the National Road Safety Act of 1972 will cease to exist.

21 Defined in the Act as “the authority that administers and works the railways, harbours, airways and pipelines of the Republic under the Railway Board Act, 1962 (Act 73 of 1962).

22 Section 2(1).

17

South African Transport Services Amendment Act 6 of 1982

2.20 Some of the statutes amended by this Act have been repealed by various pieces of

legislation. Therefore, section 6 amending section 1 of the Level Crossings Act 41 of 1960;23

sections 7 and 8 amending sections 1 and inserting section 9A in the Railways and Harbours

Pensions Act 35 of 1971;24 sections 9 and 10 amending the Railways and Harbours Pensions

for Non-Whites Act 43 of 1974;25 and sections 18, 19 and 20 amending the South African

Transport Services Act 65 of 198126 may be repealed. In addition, section 22(ii) providing that

“sections 4, 5 and 8 shall come into operation on 1 April 1982” became spent after that date

and may be repealed.


2.21 All the statutes targeted by this amending Act have been repealed by some or other

legislation. These statutes are the Railways and Harbours Service Act 22 of 1960, the Level

Crossings Act 41 of 1960, Railways and Harbours Pensions for Non-Whites Act 43 of 1974

and the South African Transport Services Act 65 of 1981. The commencement provisions

(section 17(ii) and (iii)) became spent when the sections referred therein came into operation.

This Act (Act 13 of 1983) no longer serves any useful purpose and may be repealed.


2.22 All the Acts affected by the amendments brought about by this legislation have been

repealed.27 For this reason, it is recommended for repeal.

Second South African Transport Services Amendment Act 93 of 1984

2.23 The only Act affected by amendments introduced by the Second Transport Services

Amendment Act 93 of 1984 was the South African Transport Services Act 65 of 1981. The

South African Transport Services Act 65 of 1981 was repealed by the Legal Succession to the

23 Repealed by Proclamation 112 of 19 November 1993. 24 Repealed by Act 62 of 1990. 25 Repealed by Act 62 of 1990. 26 Repealed by Act 9 of 1989. 27 These are the Railways and Harbours Pensions Act 35 of 1971, the Railways and Harbours

Pensions for Non-Whites Act 43 of 1974, the South African Transport Services Act 65 of 1981, and the South African Transport Services Finances and Accounts Act 17 of 1983.

18

South African Transport Services Act 9 of 1989. For this reason, the amendments effected by

Act 93 of 1994 have ceased to have any practical value and may be repealed.


2.24 All the provisions of this Act, with the exception of section 1 which amended section 1

of the Railways and Harbours Pensions Amendment Act,28 may be repealed since the Acts to

which they refer have been repealed by some or other piece of legislation. These provisions

are sections 2 to 7 and 9;29 sections 8 and 10;30 sections 11 to 21;31 and sections 30 and 31.32


2.25 This Act amended three sections of the South African Transport Services Act 65 of

1981.33 As stated above, Act 65 of 1981 was repealed by Act 9 of 1989. Therefore, there is no

longer a principal Act to which these amendments apply and it is hereby recommended for

repeal.


2.26 This amending Act contained eight sections. Three of these sections, namely sections

5, 6 and 7 were repealed by Act 41 of 1988 and Act 49 of 1996 respectively. The remaining

provisions amended the Railways and Harbours Pensions for Non-Whites Act of 1974, and

the Transport Services Act 65 of 1981. As stated, both these Acts were repealed. It is

therefore, recommended that this amendment Act be repealed.


2.27 This amending Act effected amendments to the South African Transport Services Act

65 of 1981. The South African Transport Services Act 65 of 1981 was repealed by Act 9 of

28 Act 26 of 1941. 29 These amended various provisions of the Railways and Harbours Pensions Act 35 of 1971. 30 Affecting the Railways and Harbours Pensions for Non-Whites Act 43 of 1974. 31 Amending various provisions of the South African Transport Services Act 65 of 1981. 32 These amended section 14 and substituted section 15 respectively of the South African

Transport and Services Finances and Accounts Act 17 of 1983. 33 Sections 9, 59(1), and 61. Amendment introduced by section 4 was repealed in 1996 by s 1 of

Act 49 of 1996.

19

1989. As a result, the South African Transport Services Amendment Act 11 of 1988 no longer

serves any useful purpose. The Commission recommends that it be repealed.

Transnet Limited Amendment Act 52 of 1991

2.28 The sections of Transnet Limited Amendment Act recommended for repeal amended

various sections of the Level Crossings Act 41 of 1961. The Level Crossings Act was repealed

by Proclamation No 112 of Nov 19, 1993. Therefore, these amendments make reference to an

Act that no longer exists and for that reason they are recommended for repeal.

Transport Second General Amendment Act 82 of 1995

2.29 The purpose of this amending Act was, inter alia, to effect changes to sections in the

Railway Construction Act 75 of 1985 and the Second Railway Construction Act 94 of 1985

respectively. Both Acts were marked as “repealed” by the Department of Transport and are

recommended for repeal in Schedule 1. If these statutes are repealed, these amendments

would cease to have any useful purpose. For this reason, they are recommended for repeal.

Railway and Harbours Service and Superannuation Fund Acts Amendment Act 27 of 1930

2.30 Section 1(1) of this amending Act provides that no payment shall be made to the

revenue of the Department of Railways and Harbours from the Fund in terms of sections forty-

four and forty-five of the Railways and Harbours Service Act 28 of 1912, unless the member

“shall have received” from the revenue a gratuity in terms of section 11 of the Railways and

Harbours Service Act 23 of 1925 or any amendment thereof. Act 23 of 1925 was repealed by

Act 22 of 1960. Since section 1 is dependent on section 11, which no longer exists, this

section is recommended for repeal.

Railways and Harbours Service and Superannuation Fund Acts Amendment Act 19 of 1931

2.31 Sections 1, 2(1) and (2) of this Act make reference to the Railways and Harbours

Superannuation Fund Act 24 of 1925. Section 1 provides that “principal Act” means the

Railways and Harbours Superannuation Fund Act of 1925. Section 2(1) validates all acts of

the Minister or joint committee of management established under the principal Act. Section

2(2) provides that any expression that is used in this Act shall bear the meaning assigned to it

in the principal Act. However, the Act to which reference is made by these provisions, was

repealed by Act 39 of 1960. For this reason these provisions are recommended for repeal.

20


2.32 Section 10(1) of this Act provides that a certificate of permanent employment may,

subject to the provisions of section 6(3)(a) of the Railways and Harbours Service Act 23 of

1925, be issued to an apprentice in the employment of the Administration whose

apprenticeship was interrupted by reason of his having enlisted for full time military service

during the war (as defined in the Public Servants (Military Service) Act of 1944) or who was

compelled to defer the commencement of his apprenticeship and who availed himself of the

election mentioned in subsection 5 of section 7 of that Act. The two Acts referred to in this

provision were repealed. The Railways and Harbours Service Act 23 of 1925 was revoked by

Act 22 of 1960 and the Public Servant (Military Service) Act 27 of 1944 was repealed by the

Repeal of Laws Act 94 of 1981.Therefore, it is no longer necessary to have section 10(1).

Subsection 2 (section 10(2)) merely states that subsection (1) apply with retrospective effect.

This provision may also be repealed.

Section 14(2)(a) to (d) is also recommended for repeal. Section 14(2)(a) gave a member of

the “New Fund” who was admitted to membership thereof between 1 July 1931 and 31

December 1948 an option of electing to contribute to that fund in respect of the period of his

continuous employment from the date upon which he attained the age of sixteen years.

Furthermore, paragraph (b) provides that this option had to be exercised within the period of

three months from the date on which the servant was furnished with an official statement

setting out the amount of the arrear contribution and interest that would become payable by

him to the Fund should he decide to exercise the said option. Paragraph (c) states that the

“New Fund” means the New Railways and Harbours Superannuation Fund constituted by

section 3 of the principal Act. Paragraph (d) makes provision for subsection (1) to apply with

retrospective effect.

2.33 Although the expression “principal Act” is not defined in this Act, it is clear that it refers

to the Railways and Harbours Superannuation Fund Act 24 of 1925. This Act (Act 24 of 1925)

made provision, in section 3, for the establishment of a new superannuation fund. The

provisions recommended for repeal became spent when the Railways and Harbours

Superannuation Fund Act of 1925 was repealed by the Railways and Harbours

Superannuation Fund Act 39 of 1960.

21


2.34 Section 7 of this Act amended section 5 of the South-West African Railways and

Harbours Act 20 of 1922. The South-West African Railways and Harbours Act of 1922 was

repealed by the South African Transport Services Amendment Act 13 of 1983. For this reason,

this amendment has become obsolete and it is hereby recommended for repeal.


2.35 Section 1(1) of this Act amended section 4 of the Railways and Harbours Regulation,

Control and Management Act 22 of 1916. This Act (Act 22 of 1916) was repealed by the

Railways and Harbours Control and Management (Consolidation) Act 70 of 1957.

Furthermore, subsection (2) of section 1 provides that any regulation made under paragraph

(5) and (11) of section four of Act 22 of 1916, after the commencement date of this

Amendment, may be expressed to apply also in respect of fares, freight, dues and other

charges that became due before the said date. Since these provisions effected amendments

to an Act that no longer exists, they are recommended for repeal.


2.36 A number of provisions in this Act make reference to Acts that do no longer exist. First,

“principal Act” for the purposes of this amending Act means, inter alia, the Railways and

Harbours Service Act 23 of 1925 or the Railways and Harbours Superannuation Fund Act 24

of 1925. Further, “widow annuitant” means the widow of a deceased annuitant to whom

annuity is payable in terms of subsection (4) of section 11 of Act 23 of 1925; or section 32 or

50 of Act 24 of 1925. Both Acts were repealed by Acts 22 of 1960 and 39 of 1960 respectively.

It is therefore recommended that references to these Acts be deleted.


2.37 It is recommended that references to the Railways and Harbours Service Act 23 of

1925 and the Railways and Harbours Superannuation Act 24 of 1925 in paragraph (b) of the

definition of “widow annuitant” be deleted. Furthermore, section 36 of this Act (Act 44 of 1959)

amended section 6 of the Railways and Harbours Service and Superannuation Act 50 of 1955.

Act 50 of 1955 was repealed by the Railways and Harbours Acts Amendment Act 54 of 1964.

Section 36 is therefore recommended for repeal.

22


2.38 Section 4(1) of this Act amends the Schedule to the Railway Construction Act 43 of

1956. Subsection (2) provides that any expenditure incurred in connection with the

construction and equipment of the first railway line mentioned in the Schedule to Act 43 of

1956, as amended, and the expenditure incurred in connection with the construction and

equipment of any portion thereof prior to the commencement of this Act shall not exceed the

amount shown in the third column of the said Act. The Railway Construction Act referred to in

these provisions was repealed by the Repeal of Laws Act 94 of 1981. Therefore, section 4(1)

and (2) may be repealed because they no longer serve any purpose.


2.39 Section 2(1) and (2) amended the First Schedule to the Second Railway Construction

Act 47 of 1955 and stipulated that the expenditure incurred in connection with the construction

and equipment of the railway line should not exceed the amount shown in the third column of

the said Schedule. The Second Railway Construction Act of 1955 was repealed by the Repeal

of Laws Act 94 of 1981 and as a result, section 2(1) and (2) no longer serve any purpose.


2.40 Section 9 of this Act amended section 1 of the Second Railway Construction Act 58 of

1963. In Schedule 1 the Second Railway Construction Act of 1963 is recommended for repeal.

Section 9 of the Railway and Harbours Acts Amendment Act is also recommended for repeal

because it will cease to have any effect if Act 58 of 1963 is repealed.


2.41 Originally this Act contained eighty-one sections. A number of these sections have

been repealed by other Acts.34 The remaining sections, with the exception of section 2 to 5,35

are hereby recommended for repeal for the reasons that follow. Section 6 amended section 1

of the Railway Expropriation Act 37 of 1955. This section (s 1 of Act 37 of 1955) was repealed

by section 40 of the Expropriation Act 63 of 1975. Section 7 substituted section 2 of Act 37 of

1955. This section was also repealed by section 40 of Act 63 of 1975. Sections 8 to 10

34 These are sections 1, 11 to 18, 20 to 44, 45 to 60, 61 to 69, 76 and 77, 78, 79 and 80. 35 These sections amend sections 1, 2, 7 and 8 of the Railways and Harbours Pensions

Amendment Act 26 of 1941 and these provisions are still in force.

23

amended sections 3, 8, and 15 of Act 37 of 1955. Sections 3 and 8 were repealed by section

40 of Act 63 of 1975. Section 15 without the other provisions is meaningless and for this

reason it is recommended for repeal.

2.42 Section 19 effected changes to section 18(1)(d) of the Railways and Harbours Control

and Management (Consolidation) Act 70 of 1957 by substituting the words “hostile forces” for

the words “the Queens enemies”. Act 70 of 1957 was revoked by the South African Transport

Services Act 65 of 1981.

2.43 Sections 70 to 74 amended sections 1, 2, 3, 4, and 6 of the Level Crossings 41 of

1960. Section 75 inserted section 8bis in this Act (Act 41 of 1960). The Level Crossings Act of

1960 was repealed by Proclamation 1121993 of 1993. Therefore these amendments have

become obsolete and are hereby recommended for repeal.


2.44 This Act, originally, had fourteen sections. Sections 1 to 13 were repealed by various

statutes. The remaining section, section 14, contains the short title of the Act. This Act is

hereby recommended for repeal.


2.45 Section 9 of this Act amended section 2(2) of the Level Crossings Act 41 of 1960 by

substituting the words “three million rand” for the words “one million five hundred thousand

rand”. The Level Crossings Act was repealed by Proclamation 1121993 of 1993. In the light of

this, section 9 of Act 8 of 1968 is hereby recommended for repeal.


2.46 Section 1 and 2 of this Act amended sections 13 and 14 of the Railway Expropriation

Act 37 of 1955. Section 6 amended Schedule 1 to the Railway Construction Act of 1966.

These two Acts have been recommended for repeal in this report. Sections 1, 2 and 6 make

reference to these Acts and for that reason they are also recommended for repeal.

24


2.47 Sections 1 and 11 of this Act are recommended for repeal. Section 1 amended section

7(2) of the Railway Expropriation Act 37 of 1955 by substituting the words “four thousand

square metres” for “one acre”. The Railway Expropriation Act has been recommended for

repeal. It is for this reason that section 1 of Act 24 of 1971 is also recommended for repeal.

Section 11 amended section 2(2) of the Level Crossings Act 41 of 1960. As stated, Act 41 of

1960 was repealed by Proclamation 1121993 of 1993.


2.48 This Act had seventeen sections. Sections 1 to 5 and 15 were repealed by section 38

of the Conditions of Employment (South African Transport Services) Act 16 of 1983. Section 8

was repealed by section 76 of the South African Transport Services Act 65 of 1981. Section

16 was repealed by section 1 of the General Law Amendment Act 49 of 1996. Sections 6, 7,

9, 10, 11, 12, 13, 14, and 17 are still in force. These sections are recommended for repeal for

the following reasons. Sections 6 and 7 amended section 2(2) and 6(1) respectively of the

Level Crossings Act 41 of 1960. This Act was repealed by Proclamation 1121993 of 1993.

Sections 9, 10, 11, 12, 13 and 14 amended various provisions of the Railways and Harbours

Pensions Act 35 of 1971. This Act (Act 35 of 1971) was repealed by the Transnet Pension

Fund Act 62 of 1990. Section 17 contains the short title and may be repealed together with the

substantive provisions recommended for repeal.


2.49 Sections 1 to 13, 18 and 19 of this Act were repealed by Acts 65 of 1981, 16 of 1983

and 49 of 1996. The provisions that are still in force, namely sections 14, 15, 16 and 17, were

aimed at effecting changes to the Railways and Harbours Pensions Act 35 of 1971. Act 35 of

1971 was repealed by the Transnet Pension Fund Act 62 of 1990. For this reason,

amendments in Act 47 of 1973 have become redundant.


2.50 Sections 1, 2 to 4 and 5 to 11, 16 and 17 were repealed by various statutes.36 The

remaining provisions are hereby recommended for repeal for the following reasons: sections

36 By Acts 94 of 1981, 65 of 1981, 16 of 1983 and 49 of 1996.

25

12 and 13 amended provisions of the Level Crossings Act 41 of 1960 which was repealed by

Proclamation 1121993 of 1993; section 14 repealed section 12 of the Railways and Harbours

Acts Amendment Act 41 of 1969; section 15 amended section 17(4) of the Railways and

Harbours Pensions Act of 1971. As stated, Act 35 of 1971 was repealed by Act 62 of 1990.


2.51 Only two sections of this Act are still in force, sections 15 and 19(1) and (2). Section 15

amended section 1 of the Railways and Harbours Pensions Act 35 of 1971. This section is

recommended for repeal because Act 35 of 1971 was repealed by Act 62 of 1990. Section

15(1) provides that the Administration may, in terms of section 2 of the Railways and Harbours

Control and Management (Consolidation) Act 70 of 1957, enter into agreements with the

Rhodesian Railways. Act 70 of 1957 was repealed by the South African Transport Services

Act 65 of 1981. Section 15(2) of Act 46 of 1975 makes provision for the retrospective

application of subsection (1). These sections are recommended for repeal.


2.52 The purpose of this Act was to amend and/or repeal various sections in the Railway

Construction Acts,37 the Railways and Harbours Pensions Act 35 of 1971 and the Railways

and Harbours Loans Act 1 of 1973. The Railway Construction Acts whose sections were

amended by Act 8 of 1976 have been recommended for repeal in this report, namely Act 57 of

1961, Act 58 of 1963, Act 5 of 1965, Act 17 of 1966 and Act 82 of 1971. For this reason,

sections 20 to 31 and 37 to 46 are recommended for repeal. Sections 32 to 36 amending

various sections of the Railways and Harbours Pensions Act 35 of 1971 are also

recommended for repeal because Act 35 of 1971 no longer exists in the statute books. Act 35

of 1971 was repealed by section 15 of Act 62 of 1990. Section 47 amended section 2 of the

Railways and Harbours Loans Act 1 of 1973. Act 1 of 1973 was repealed by the Railways and

Harbours Finances and Accounts Act 48 of 1977.

Second Railways and Harbours Acts Amendment Act 89 of 1976

2.53 Section 1 of this Act, recommended for repeal, amended section 1 of the Railways and

Harbours Pensions for Non-Whites Act 43 of 1974. This Act (Act 43 of 1974) was repealed by

37 The Railway Construction Act 57 of 1961, Second Railway Construction Act 58 of 1963,

Railway Construction Act 5 of 1965, Railway Construction Act 17 of 1966, Railway Construction Act 82 of 1971.

26

Transnet Pension Fund Act 62 of 1990. Therefore, since the principal Act no longer exists,

reference to it in Act 89 of 1976 may be repealed.


2.54 Initially this Act had twenty-three sections. Sections 1 to 17 were repealed by section

76 of Act 65 of 1981. Sections 18 to 20 were repealed by section 38 of Act 16 of 1983. Section

22 was repealed by section 1 of Act 49 of 1996. Section 21 is the only provision that is still in

force. This section amended section 1 of the Railway Construction Act 38 of 1968. Act 38 of

1968 is recommended for repeal and all references to it in other statutes should also be

repealed. For this reason, section 21 may be repealed.

45. Railways and Harbours Acts Amendment Act 64 of 1978

2.55 The remaining provisions of this Act amended various sections of the Railways and

Harbours Pensions Act 35 of 1971 and the Railways and Harbours Pensions for Non-Whites

Act 43 of 1974. Both Acts were repealed by Transnet Pension Fund Act 62 of 1990. The Act

has no practical utility anymore and is recommended for repeal.


2.56 The remaining sections of this statute amended sections of the Railways and Harbours

Pensions Act 35 of 1971 and the Railway and Harbour Purchase Act 47 of 1977. The former

Act was repealed by Act 62 of 1990, and the latter is recommended for repeal in Schedule 1.

Reference to these Acts should also be repealed. For these reasons, Act 80 is hereby

recommended for repeal.

27

Annexure A

TRANSPORT ACTS REPEAL BILL

To repeal certain laws of the Republic

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

1 Repeal of laws

(1) The laws specified in the First Schedule are hereby repealed.

(2) The laws specified in the Second Schedule are hereby repealed to the extent set

out in the third column of that Schedule.

2 Short title and commencement

This Act shall be called the Transport Acts Repeal Act, … and comes into operation on

a date determined by the President by proclamation in the Gazette.

Schedule 1

Number and

year of

law

Title or subject of law

Act 7 of 1914 Railways and Harbours Strike and Service Amendment Act,1914

Act 37 of 1939 Railway Construction Act, 1939


Act 44 of 1948 Transport (Co-ordination) Act, 1948

Act 37 of 1955 Railway Expropriation Act, 1955

Act 48 of 1957 Merchant Shipping (Certificates of Competency) Amendment Act, 1957


Act 51 of 1957 National Roads and Transport (Co-ordination) Amendment Act, 1957



Act 19 of 1962 National Roads and Transport (Co-ordination) Amendment Act, 1962

Act 58 of 1963 Second Railway Construction Act, 1963


28



Act 18 of 1966 Railways and Harbours Acts Amendment Act, 1966


Act 25 of 1971 Railway Purchase Act, 1971

Act 59 of 1971 Transport (Co-ordination) Amendment Act, 1971



Act 11 of 1972 Black Transport Services Amendment Act, 1972



Act 28 of 1973 Sishen-Saldanha Bay Railway Construction Act, 1973




Act 46 of 1974 National Road Safety Amendment Act 46 of 1974

Act 47 of 1974 Black Transport Services Amendment Act, 1974



Act 40 of 1976 National Road Safety Amendment Act, 1976

Act 72 of 1976 Sishen-Saldanha Bay Railway Construction Amendment Act, 1976

Act 99 of 1976 Saldanha Bay Harbour Acquisition and Equipment Act, 1976

Act 47 of 1977 Railway and Harbour Purchase Act, 1977


Act 73 of 1977 Transport (Co-ordination) Amendment Act, 1977








Act 13 of 1983 South African Transport Services Amendment Act, 1983


Act 93 of 1984 Second South African Transport Services Amendment Act, 1984


29




Schedule 2

Number and year of law Title or subject Extent of Repeal

Act 27 of 1930 Railways and Harbours Service and

Superannuation Fund Acts

Amendment Act, 1930

Section 1

Act 19 of 1931 Railways and Harbours Service and

Superannuation Fund Acts

Amendment Acts, 1931

Sections 1 and 2(1)

and (2)

Act 49 of 1949 Railways and Harbours Acts Amendment

Acts,1949

Section 10(1) and (2),

14(2)(a),(b),(c) and

(d)


Act, 1951

Section 7


Act, 1952

Section 1(1) and (2).

Act 36 of 1955 Railways and Harbours Special Pensions Act, 1955 ”

Delete references to Act 24 of 1925 in the definition of “basic sum”, “beneficiary” and “principal Act


Delete references to Acts 23 of 1960 and 24 of 1960 in the definitions of “principal Act” and “widow annuitant”.

Act 44 of 1959

Railways and Harbours Acts Amendment Act, 1959

Delete references to Acts 23 of 1925 and 24 of 1925 in paragraph (b) of the definition of “widow annuitant” and section 36.


Act, 1962

Section 4(1) and (2)

Act 7 of 1963 Railways and Harbours Acts Amendment Section 2(1) and (2)

30

Act, 1963


Section 9


Act, 1965

Sections 6, 7, 8 to 10,

19, 70 to 74 and 75


Act, 1968

Section 9


Act, 1969

Sections 1, 2 and 6

Act 89 of 1976 Second Railways and Harbours Acts

Amendment Act, 1976

Section 2

Act 6 of 1982 South African Transport Services

Amendment Act, 1982

Sections 6, 7, 8, 9, 10,

18, 19 and 20

Act 44 of 1985 South African Transport Services

Amendment Act, 1985

Sections 2 to 11, 21,

30 and 31

Act 52 of 1991 Transnet Limited Amendment Act, 1991 Sections 1, 2, 3, 4,

and 5

Act 82 of 1995 Transport Second General Amendment Act,

1995

Section 1 and 2

31

ANNEXURE B

STATUTES ADMINISTERED BY THE DEPARTMENT OF TRANSPORT

Number Name of Act, number and year

1. Railways and Harbours Service Act 28 of 1912

2. Railways and Harbours Strike and Service Amendment Act 7 of 1914

3. Railways and Harbours Service Act Amendment and Further Provision Act 33 of

1917

4. Railways and Harbours Service and Superannuation Fund Acts Amendment Act

27 of 1930

5. Railways and Harbours Service and Superannuation Fund Acts Amendment Act

19 of 1931


7. Railway Construction Act 37 of 1939

8. Railways and Harbours (Pensions and Service) Amendment Act 15 of 1940

9. Advertising on Roads and Ribbon Development Act 21 of 1940 (assigned to

provinces)

10. Railways and Harbours Pensions Amendment Act 26 of 1941

11. National Roads and Ribbon Development Amendment Act 22 of 1944




15. Carriage by Air Act 17 of 1946

16. Transport (Co-ordination) Act 44 of 1948


18. Merchant Shipping Act 57 of 1951


20. Advertising on Roads and Ribbon Development Amendment Act 28 of 1952


22. Railways and Harbours Special Pensions Act 36 of 1955

23. Railway Expropriation Act 37 of 1955



26. Merchant Shipping (Certificates of Competency) Amendment Act 48 of 1957

32



28. National Roads and Transport (Co-ordination) Amendment Act 51 of 1957

29. Merchant Shipping Amendment Act 30 of 1959






35. National Roads and Transport (Co-ordination) Amendment Act 19 of 1962


37. Aviation Act 74 of 1962



40. Second Railways Construction Act 58 of 1963


42. Carriage by Air Amendment Act 5 of 1964




46. Aviation Amendment Act 12 of 1965








54. Second Railways and Harbours Acts Amendment Act 41 of 1969





59. Railway Purchase Act 25 of 1971

60. National Roads Act 54 of 1971

61. Transport (Co-ordination) Amendment Act 59 of 1971

33



63. Second Railway Construction Act 83 of 1971


65. National Road Safety Act 9 of 1972 (assigned to provinces)

66. Civil Aviation Offences Act 10 of 1972

67. Black Transport Services Amendment Act 11 of 1972

68. Harbour Construction Act 28 of 1972



71. Sishen-Saldanha Bay Railway Construction Act 28 of 1973

72. Saldanha Bay Harbour Construction Act 29 of 1973





77. Railways and Harbours Pensions Further Amendment Act 45 of 1974

78. National Road Safety Amendment Act 46 of 1974







85. Sishen-Saldanha Bay Railway Construction Amendment Act 72 of 1976


87. Saldanha Bay Harbour Acquisition and Equipment Act 99 of 1976

88. Railway and Harbour Purchase Act 47 of 1977



91. Transport (Co-ordination) Amendment Act 73 of 1977

92. Road Transportation Act 74 of 1977 (partially assigned to provinces)

93. Urban Transport Act 78 of 1977 (partially assigned to provinces)

94. Railway and Harbour Purchase Amendment Act 97 of 1977


96. Civil Aviation Offences Amendment Act 63 of 1978

34





100. Carriage by Air Amendment Act 81 of 1979

101. Road Transportation Amendment Act 93 of 1979






107. Marine Traffic Act 2 of 1981


109. Civil Aviation Offences Amendment Act 4 of 1981

110. Marine Pollution (Control and Civil Liability) Act (previous title: Prevention and

Combating of Pollution of the Sea by Oil Act) 6 of 1981 (partly)










120. South African Transport Services Amendment Act 6 of 1982

121. Railways Construction Act 7 of 1982



124. Transport Services for Coloured Persons and Indians Amendment Act 77 of

1982


126. Transport Services Unauthorized Expenditure Act 79 of 1982

127. Marine Traffic Amendment Act 5 of 1983



35


130. Transport Services Unauthorized Expenditure Act 80 of 1983



133. Second South African Transport Services Amendment Act 93 of 1984

134. International Convention for Safe Containers Act 11 of 1985 (partly)






140. Carriage of Goods by Sea Act 1 of 1986

141. Marine Pollution (Prevention of Pollution from Ships) Act (Previous title:

International Convention for the Prevention of Pollution from Ships Act) 2 of

1986


143. International Convention Relating to Intervention on the High Seas in Cases of

Oil Pollution Casualties Act (new title: Marine Pollution (Intervention) Act) 64 of

1987



146. South African Transport Services Conditions of Service Act 41 of 1988

147. South African Roads Board Act 74 of 1988

148. Transport Deregulation Act 80 of 1988 (partly assigned to provinces)


150. Legal Succession to the South African Transport Services Act 9 of 1989 (partly)

151. Road Traffic Act 29 of 1989 (only in so far as not substituted by Act 93 of 1996)

(partly assigned to provinces)

152. Transnet Pension Fund Act 62 of 1990 (partly)

153. Urban Transport Amendment Act 77 of 1990

154. Air Services Licensing Act 115 of 1990

155. Transnet Limited Amendment Act 52 of 1991


157. Transnet Limited Second Amendment Act 110 of 1991

158. Urban Transport Amendment Act 14 of 1992

159. Air Services Licensing Amendment Act 15 of 1992

36




162. Legal Succession to the South African Transport Services Amendment Act 47 of

1992

163. Transport General Amendment Act 86 of 1992

164. Marine Traffic Amendment Act 38 of 1993

165. Airports Company Act 44 of 1993

166. Air Traffic and Navigation Services Company Act 45 of 1993

167. Convention on the International Recognition of Rights in Aircraft Act 59 of 1993

168. International Air Services Act 60 of 1993

169. Maritime Zones Act 15 of 1994

170. Shipping and Civil Aviation Laws Rationalisation Act 28 of 1994

171. South African Roads Board Amendment Act 15 of 1995

172. Transport General Amendment Act 16 of 1995

173. Legal Succession to the South African Transport Services Amendment Act 43 of

1995

174. Transport Second General Amendment Act 82 of 1995

175. Air Services Licensing Amendment Act 83 of 1995

176. Transport Advisory Council Abolition Act 9 of 1996

177. International Air Services Amendment Act 10 of 1996

178. Road Accident Fund Act 56 of 1996

179. National Road Traffic Act 93 of 1996

180. Wreck and Salvage Act 94 of 1996

181. Aviation Laws Amendment Act 98 of 1996

182. Shipping General Amendment Act 23 of 1997

183. Aviation Laws Amendment Act 82 of 1997

184. Airports Company Amendment Act 2 of 1998

185. Cross-Border Road Transport Act 4 of 1998

186. South African Maritime Safety Authority Act 5 of 1998

187. South African Maritime Safety Authority Levies Act 6 of 1998

188. The South African National Roads Agency Limited and National Roads Act 7 of

1998

189. National Road Traffic Amendment Act 8 of 1998

190. Transport Appeal Tribunal Act 39 of 1998

191. South African Civil Aviation Authority Act 40 of 1998

37


192. South African Civil Aviation Authority Levies Act 41 of 1998

193. National Land Transport Interim Arrangements Act 45 of 1998

194. Administrative Adjudication of Road Traffic Offences Act 46 of 1998

195. Road Traffic Laws Rationalisation Act 47 of 1998

196. Shipping Laws Amendment Act 57 of 1998

197. Ship Registration Act 58 of 1998

198. Road Transport Appeal Matters Amendment Act 70 of 1998

199. Road Accident Fund Commission Act 71 of 1998

200. Port of Ngqura Act 77 of 1998

201. Road Traffic Management Corporation Act 20 of 1999


203. Administrative Adjudication of Road Traffic Offences Amendment Act 22 of 1999

204. South African Airways Unallocatable Debt Act 7 of 2000 (partly)

205. Road Accident Fund Commission Amendment Act 18 of 2000

206. National Land Transport Transition Act 22 of 2000


208. Road Traffic Management Corporation Amendment Act 25 of 2000

209. South African Rail Commuter Corporation Limited Financial Arrangements Act

64 of 2000

210. Sea Transport Documents Act 65 of 2000

211. Airports Company Amendment Act 14 of 2001

212. Road Accident Fund Amendment Act 15 of 2001

213. National Land Transport Transition Amendment Act 31 of 2001

214. National Railway Safety Regulator Act 16 of 2002

215. Road Accident Fund Amendment Act 43 of 2002

216. South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

