Land Affairs General Amendment Act
The Surveyor-General must amend the named general plans by removing the specified erven, and those erven become free of certain conditions once excluded.
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- South Africa
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- Act 11 of 1995
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The Surveyor-General must amend the named general plans by removing the specified erven, and those erven become free of certain conditions once excluded. The town clerk must publish a notice in at least two newspapers, in different official languages, for the Kimberley municipal area, after the Gazette notice is published. 4. The following section is hereby substituted for section 15 of the Kimberley Leasehold Conversion to Freehold Act, 1961: "Exemption from provisions Some older planning and group-areas laws do not apply to acts done under this Act, including certain transfers of erf from the Kimberley city council to an owner. This section amends section 1 of the 1969 Act by removing one definition and adding a definition of “Premier” for mineral-rights matters.
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Provisions of Land Affairs General Amendment Act
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- 2 Verify source ↗
Section 2 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is 25
AI-assisted research summary: The Surveyor-General must amend the named general plans by removing the specified erven, and those erven become free of certain conditions once excluded.
2. Section 2 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is 25 hereby amended by the substitution for subsection (1) of the following subsection: "(1) Notwithstanding anything to the contrary contained in any other law the Surveyor-General shall alter the general plans referreq to in paragraphs (c) and (d) of the definition of "Bultfontein" by excluding therefrom the erven referred to in the said paragraphs, and the said erven shall upon being 30 so excluded be free of any conditions imposed in respect thereof under the provisions of the Townships Ordinance, 1934 (Ordinance No. 33 of 1934 . (Cape)), before the repeal thereof, or under the provisions of the Land Use Planning Ordinance, 1985 (Ordinance No. 15 of 1985 (Cape)).". Amendment of section 4 of Act 40 of 1961 35 - 3 Verify source ↗
Section 4 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is
AI-assisted research summary: The town clerk must publish a notice in at least two newspapers, in different official languages, for the Kimberley municipal area, after the Gazette notice is published.
3. Section 4 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is hereby amended by the substitution for subsection ( 4) of the following subsection: "(4) As soon as practicable after the publication of such notice the town clerk shall cause to be published once in [an English and once in an Afrikaans newspaper] at least two newspapers, each published in a different official 40 language as referred to in section 3 (1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), and circulating in the municipal area of Kimberley, a notice drawing the attention of all interested persons to the said notice in the Gazette and stating the purport thereof.". Substitution of section 15 of Act 40 of 1961 45 - 4 Verify source ↗
The following section is hereby substituted for section 15 of the Kimberley
AI-assisted research summary: 4. The following section is hereby substituted for section 15 of the Kimberley Leasehold Conversion to Freehold Act, 1961: "Exemption from provisions
4. The following section is hereby substituted for section 15 of the Kimberley Leasehold Conversion to Freehold Act, 1961: "Exemption from provisions - 15 Verify source ↗
The provisions of the [Townships Ordinance, 1934 (Ordinance
AI-assisted research summary: Some older planning and group-areas laws do not apply to acts done under this Act, including certain transfers of erf from the Kimberley city council to an owner.
15. The provisions of the [Townships Ordinance, 1934 (Ordinance No. 33 of 1934 (Cape))] Land Use Planning Ordinance, 1985 50 (Ordinance No. 15 of 1985 (Cape)), shall not apply to anything 6 No. 16448 GOVERNMENT GAZETTE, 2 JUNE 1995 Act No. 11, 1995 LAND AFFAIRS GENERAL AMENDMENT ACT, 1995 required or permitted to be done under the provisions of this Act [and the provisions of the Group Areas Development Act, 1955, shall not apply to any transfer of an erf from the city council of Kimberley to an owner. in terms of the provisions of this Act].". Amendment of section 1 of Act 96 of 1969, as amended by section 83 of Act 63 of 5 1975 - 5 Verify source ↗
Section 1 of the Expropriation of Mineral Rights (Townships) Act, 1969, is
AI-assisted research summary: This section amends section 1 of the 1969 Act by removing one definition and adding a definition of “Premier” for mineral-rights matters.
5. Section 1 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended- ( a) by the deletion of the definition of "Administrator"; (b) by the insertion after the. definition of "owner" of. the following 10 definition: . " 'Premier', in relation to rights to minerals in land, the Premier of the province in which the land is situated, or a competent authority within the jurisdiction of the government of the province concerned designated by the Premier.". 15 Amendment of section 2 of Act 96 of 1969, as amended by section 84 of Act 63 of 1975 and section 7 of Act 89 of 1993 - 6 Verify source ↗
Section 2 of the Expropriation of Mineral Rights (Townships) Act, 1969, is
AI-assisted research summary: The Premier may publish a notice about possible expropriation, and owners of the affected rights must respond in writing within the stated or extended time.
6. Section 2 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended by the substitution for the words following on paragraph (b) of subsection (2) of the following words: · · 20 "the [Administrator] Premier may cause to be published once in the [Officialj Provincial Gazette of the province in question and twice with an interval of not less than one week in [an Afrikaans and an English · · newspaper] at least two newspapers, each published in a different official language, as referred to in section 3(1) of the Constitution of the 25 Republic of South Africa, 1993 (Act No. 200 of 1993), and circulating in the district in which the land in question is situate, a notice in which all owners of those rights are called upon to submit to the [Administrator] Premier in writing, within a period specified in the notice or such further period as the [Administrator] Premier may allow, reasons why those 30 rights should not be expropriated under subsection (3); including such proposals as any such owner may wish to make in connection with the consideration for which or the conditions on which he would be prepared to grant such consent or relinquish those rights.". Substitution of words "Administrator", "Regional and Land Affairs'~ and 35 "Official Gazette" in Act 96 of 1969 - 7 Verify source ↗
The Expropriation of Mineral Rights (Townships) Act, 1969, i~ hereby
AI-assisted research summary: This provision amends another Act by replacing specified words wherever they appear.
7. The Expropriation of Mineral Rights (Townships) Act, 1969, i~ hereby amended by the substitution for the words "Administrator", "Regional and Land Affairs" and "Official Gazette", wherever they occur, of the words "Premier", "Land Affairs'~ and "Provincial Gazette", respectively. - 40 Amendment of section 1 of Act 112 of 1991, as amended by section 30 of Act 108 of 1993 - 8 Verify source ↗
Section 1 of the Upgrading of Land Tenure Rights Act, 1991, is hereby
AI-assisted research summary: This provision amends Section 1 by deleting the definition of “Administrator” and replacing the definition of “Minister.”
8. Section 1 of the Upgrading of Land Tenure Rights Act, 1991, is hereby amended- ( a)· by the deletion of the definition of "Administrator"; (b) by the substitution for the definition of "Minister" of the following . _ ·45 · definition: " 'Minister' means the Minister of [Regimial and] Land Affairs;". 8 No. 16448 GOVE~MENT GAZETTE, 2 JUNE 1995 Act No. ll, 1995 LAND AFFAIRS GENERAL AMENDMENT ACT, 1995 Substitution of section 24A of Act 112 of 1991 - 9 Verify source ↗
The following section is hereby substituted for section 24A of the Upgrading
AI-assisted research summary: This section substitutes section 24A with a new section titled “Delegation by Minister.”
9. The following section is hereby substituted for section 24A of the Upgrading of Land Tenure Rights Act, 1991: "Delegation by Minister - 24A Verify source ↗
The Minister may, on the conditions he may deem fit-
AI-assisted research summary: The Minister may, if he chooses conditions he deems fit, delegate powers under the Act or authorise the Premier or a competent provincial authority to perform duties assigned to the Minister.
24A. The Minister may, on the conditions he may deem fit- 5 (a) delegate to the [Administrator] Premier of a province, or any competent authority within the jurisdiction of the government of a province designated by the Premier of that province, any power conferred upon the Minister by this Act; or . (b) authorise the [Administrator] Premier or competent authority 10 referred to in paragraph (a) to perform any duty assigned to the Minister by this Act.". · Repeal of section 25 of Act 112 of 1991 - 10 Verify source ↗
Section 25 of the Upgrading of Land Tenure Rights Act, 1991, is hereby
AI-assisted research summary: Section 25 of the named Act is repealed, but certain existing proclamations stay in force until the President repeals them by proclamation in the Gazette.
10. Section 25 of the Upgrading of Land Tenure Rights Act, 1991, is hereby repealed. 15 Saving of proclamations issued under section 25 of Act 112 of 1991 11. (1) A proclamation issued under section 25(1) of the Upgrading of Land Tenure Rights Act, 1991 (ActNo.112 of1991), and in force immediately prior to the commencement of section 10 of this Act in an area in respect of which such proclamation was issued, shall, notwithstanding the provisions of section 10 of this 20 Act, remain in force until repealed by the President by proclamation in the Gazette. · (2) The President may by proclamation in the Gazette take such measures as he or she deems necessary for purposes of regulating the proper administration of a proclamation which in terms of subsection (1) remains in force in respect of an 25 area which was, prior to the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), a self-governing territory as defined in section 38(1) of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971). Substitution of words "Administrator" and "State President" in Act 112 of 1991 30 - 12 Verify source ↗
The Upgrading of Land Tenure Rights Act, 1991, is hereby amended
AI-assisted research summary: This section amends the 1991 Act by replacing certain office titles with new ones.
12. The Upgrading of Land Tenure Rights Act, 1991, is hereby amended ( a) by the substitution for the word "Administrator"- (i) where it occurs in sections 7, 8, 9(1), 10, 12, 15, 16, 17, 18, 18A, 18B, 18C, 18D, 18E and 181, of the word "Minister"; and . . . (ii) where it occurs in sections 9(3) and 11, of the word "Premier"; and 35 (b) by the substitution for the words "State President", wherever they occur, of the word "President". Amendment of section 1 of Act 111 of 1993 - 13 Verify source ↗
Section 1 of the Land Titles Adjustment Act, 1993, is hereby amended-
AI-assisted research summary: This section amends two definitions in the Land Titles Adjustment Act, 1993: “Director-General” and “Minister” are redefined to refer to the Director-General and Minister of [Regional and] Land Affairs.
13. Section 1 of the Land Titles Adjustment Act, 1993, is hereby amended- ( a) by the substitution for the definition of "Director-General" of the 40 following definition: " 'Director-General' means the Director-General of [Regional and] Land Affairs;"; (b) by the substitution for the definition of."Minister" of the following definition: 45 "'Minister' means the Minister of [Regional and] Land Affairs.". 10 No. 16448 GOVERNMENT GAZETTE, 2 JUNE 1995 Act No. 11, 1995 LAND AFFAIRS GENERAL AMENDMENT ACf, 1995 Amendment of section 3 of Act 111 of 1993 - 14 Verify source ↗
Section 3 of the Land Titles Adjustment Act, 1993, is hereby amended by
AI-assisted research summary: A non-full-time commissioner must be paid remuneration and allowances set by the Minister, with the Finance Minister’s concurrence.
14. Section 3 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection: "(3) A commissioner who is not in the full-time service of the State shall, in respect of his service as a commissioner, be paid such remuneration and 5 allowances as the Minister, with the concurrence ofthe Minister of [State Expenditure] Finance, may from ti.me to time determine.". Amendment of section 5 of Act 111 of 1993 - 15 Verify source ↗
Section 5 of the Land Titles Adjustment Act, 1993, is hereby amended by
AI-assisted research summary: The Director-General must pay the specified amount into the National Revenue Fund.
15. Section 5 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection: 10 · · "(3) Such amount shall be paid by the Director-General into the [State] National Revenue Fund established by section 185 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).". Amendment of section 14 of Act 111 of 1993 - 16 Verify source ↗
Section 14 of the Land Titles Adjustment Act, 1993, is hereby amended by 15
AI-assisted research summary: The Director-General may, if he thinks necessary, delegate powers or authorize officers in the Department of Land Affairs to perform duties under the Act.
16. Section 14 of the Land Titles Adjustment Act, 1993, is hereby amended by 15 the substitution for subsection (1) of the following subsection: "(1) The Director-General may, subject to such conditions as he may deem necessary- ( a) delegate to an officer employed by the Department of [Regional and] Land Affairs any power conferred upon him in terms of this Act; or (b) authorize an officer employed by the Department of[Regional and] Land Affairs to perform any duty assigned to him in terms of this Act.".· . ,: .. Substitution of section 16 of Act 111 of 1993 - 17 Verify source ↗
The following section is hereby substituted for section 16 of the Land Titles
AI-assisted research summary: This section substitutes section 16 so that the Act applies throughout the national territory referred to in the Constitution.
17. The following section is hereby substituted for section 16 of the Land Titles Adjustment Act, 1993: "Application of Act 20 25 · . 16. As from the comin into o eration of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 30 1993).". Amendment of section 1 of Act 119 of 1993 - 18 Verify source ↗
Section 1 of the Distribution and Transfer of Certain State Land Act, 1993,
AI-assisted research summary: This section amends two definitions in section 1: “Director-General” and “Minister” are redefined to refer to the Director-General and Minister of [Regional and] Land Affairs.
18. Section 1 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended- . . . (a) by the substitution for the definition of "Director-General" of the 35 following definition: · · · · " 'Director-General' means the Director-General of [Regional and] Land Affairs;"; · · (b) by the substitution for the definition of "Minister" of the following definition: · 40 " 'Minister' means the Minister of [Regional and] Land Affairs;". Amendment of section 2 of Act 119 of 1993 - 19 Verify source ↗
Section 2 of the Distribution and Transfer of Certain State Land Act, 1993,
AI-assisted research summary: This amendment says the Act applies to certain State land and to some local-authority or development-body land if the Minister designates it in the Gazette.
19. Section 2 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended- ( a) by the substitution for subsection (1) of the following subsection: 45 "(1) This Act shall apply to land belonging to the State (including land registered in the name of a Minister, a Premier or a former Adminis trator), and land belonging to a local authority or development body, and designated by the Minister by notice in the Gazette as land to 12 No. 16448 GOVERNMENT GAZE1TE, 2 JUNE 1995 Act No. 11, 1995 LAND AFFAIRS GENERAL AMENDMENT Acr, 1995 be dealt with in accordance with the provisions of this Act: Provided that land belonging to a local authority or development body may only be so designated by the Minister if it is 'land of a local authority' or 'land of a development body' as defined in section 88A of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991)."; 5 (b) by the deletion of subsection (3). Amendment of section 3 of Act 119 of 1993 - 20 Verify source ↗
Section 3 of the Distribution and Transfer of Certain State Larid Act, 1993,
AI-assisted research summary: A non-full-time commissioner is entitled to remuneration and allowances for commissioner service, as determined from time to time by the Minister with the Minister of Finance’s concurrence.
20. Section 3 of the Distribution and Transfer of Certain State Larid Act, 1993, is hereby amended by the. substitution for subsection (3) of the following subsection: 10 "(3) A commissioner who is not in the full-time service of the State shall in respect of his service as a commissioner be paid such remuneration and allowances as the Minister, with the concu'rrence of the Minister' of [State Expenditure] Finance, may from time to time determine.". Amendment of section 16 of Act 119 of 1993 - 21 Verify source ↗
Section 16 of the Distribution and Transfer of Certain State Land Act, 1993,
AI-assisted research summary: This section amends subsection (1) so the Director-General may, under conditions he considers necessary, delegate powers or authorize duties to officers in the Department of Land Affairs.
21. Section 16 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended by·. the substitution for subsection (1) of the following subsection: "(1) The Director-General may, subject to such conditions as he may deem necessary- (a) delegate to an officer employed by the Department of [Regional and] Land Affairs any power conferred upon him in terms of this Act; or (b) authorize an officer employed by the Department of [Regional and] Land Affairs to perform any duty assigned to him in terms of this Act.". Substitution of section 19 of Act 119 of 1993 - 22 Verify source ↗
The following section is hereby substituted for section 19 of the Distribution
AI-assisted research summary: This section replaces section 19 of the Act, but the operative text is not included here.
22. The following section is hereby substituted for section 19 of the Distribution and Transfer of Certain State Land Act, 1993: 15 20 25 "Application of Act - 19 Verify source ↗
As from the co min into o eration of the Land Affairs General
AI-assisted research summary: From commencement of the Land Affairs General Amendment Act, 1995, this Act applies across the whole national territory referred to in section 1 of the 1993 Constitution.
19. As from the co min into o eration of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the 30 whole of the national territory referred to in section 1 of the Constitution of the Republic ofSouth Africa, 1993 (Act No. 200 of 1993).". Amendment of section 1 of Act 187 of 1993 - 23 Verify source ↗
Section 1 of the Regional Industrial DeveloJ)ment Act, 1993, is hereby 35
AI-assisted research summary: This section amends Section 1 of the Regional Industrial Development Act, 1993 by updating several definitions.
23. Section 1 of the Regional Industrial DeveloJ)ment Act, 1993, is hereby 35 amended- ( a) . ·by the substitution for the definition of "Department'' of the following definition: " ·.'Department' means the Department of . [Regional and Land Affairs] Trade and Industry;"; (b) by the substitution · for . the definition of "Director-General" of the 40 following definition: " 'Director-General' means the Director-General: [Regional and Land Affairs] Trade and Industry or his authorized representa- tive;"; . 45 (c) by the substitution for the detinition of "Minister" of the following definition: . . . " 'Minister' means the Minister of [Regional and Land Affairs] Trade and Industry;". · 14 No. 16448 GOVERNMENT GAZETTE, 2 JUNE 1995 Act No. 11, 1995 LAND AFFAIRS GENERAL AMENDMENT ACf, 1995 Amendment of section 2 of Act 187 of 1993 - 24 Verify source ↗
Section 2 of the Regional Industrial Development Act, 1993, is hereby
AI-assisted research summary: This section amends a paragraph so that certain departmental officials are defined by reference to departments designated by the Director-General.
24. Section 2 of the Regional Industrial Development Act, 1993, is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph: · · "(b) · an official of- (i) the Department designated by the Director-General; [(ii) the Department of Trade and Industry designated by the Director-General: Trade and Industry;] (iii) the Department of State Expenditure designated by the Director-General: State Expenditure; (iv) the Department of Finance designated . by· the .· Director General: Finance:" 5 10 Amendment of section 6 of Act 187 of 1993 - 25 Verify source ↗
Section 6 of the RegionaJ Industrial Development Act, 1993, is hereby
AI-assisted research summary: Board and committee members may be paid salary, remuneration, and allowances determined by the Minister with the Finance Minister’s concurrence, except for members in full-time state employment.
25. Section 6 of the RegionaJ Industrial Development Act, 1993, is hereby amended by tile substitution for subsection (4) of the following subsection: 15 "(4) Each member of the Board or a committee of the Board, including alternate or co-opted members, but excluding members in the full~time employment of the State, may be paid such salary, other remuneration and allowances as the Minister, with the concurrence of the Minister of [State Expenditure] Finance, may determine from time ,to time." 20 Insertion of section 15A in Act 187 of 1993 - 26 Verify source ↗
The Regional Industrial Development Act, 1993, is hereby amended by the
AI-assisted research summary: This amendment says the Act applies throughout the whole national territory once the Land Affairs General Amendment Act, 1995 comes into operation.
26. The Regional Industrial Development Act, 1993, is hereby amended by the insertion after section 15 of the following section: "Application of Act 1SA; As from the coO:.in into o er~tion of the Land Affairs 25 General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of . 1993).". . ' . . Repeal of laws 30 - 27 Verify source ↗
The laws mentioned in the Schedule are hereby repealed to the extent
AI-assisted research summary: The laws listed in the Schedule are repealed only to the extent shown in the Schedule’s third column.
27. The laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof. Short title - 28 Verify source ↗
This Act shall be called the Land Affairs General Amendment Act, 1995.
AI-assisted research summary: This section gives the Act its short title: the Land Affairs General Amendment Act, 1995, and includes a schedule listing earlier Acts or parts of Acts that are repealed.
28. This Act shall be called the Land Affairs General Amendment Act, 1995. 16 No.16448 GOVERNMENT GAZETfE, 2 JUNE 1995 Act No. 11,1995 LAND AFFAIRS GENERAL AMENDMENT ACf, 1995 SCHEDULE No. and year of law Short title Extent of repeal Act No. 76 of 1963 Black Laws Amendment Act, 1963 Section 32 Act No. 56 of 1968 Black Laws Amendment Act, 1968 Sections 6 and 7 Act No. 27 of 1970 Second Black Laws Amendment Act, 1970 Section 12 Act No. 49 of 1970 Third Black Laws Amendment Act, 1970 Sections 2, 3 and 12 Act No. 23 of 1972 Black Laws Amendment Act, 1972 Sections 5, 6, 7 and 12 Act No. 102 of 1972 General Law Amendment Act, 1972 · Section 22 Act No. 7 of 1973 Black Laws Amendment Act, 1973 Act No. 70 of 1974 Black Laws Amendment Act, 1974 Sections 7, 8, 9, 11, 12, 13, 14 and 15 Sections 9, 10, 12, 13, 14, 18, 19, 20, 21, 22, 23 and 24 Act No. 71 of 1974 Second Black Laws Amendment Act, 1974 The whole Act No. 9 of 1975 Black Laws Amendment Act, 1975 The whole Act No. 115 of 1977 Second Black Laws Amendment Act, 1977 The whole Act No. 12 of 1978 Black Laws Amendment Act, 1978 Sections 9, 14, 15, 16, 17, 18, 19 and 20 Act No. 102 of 1978 Second Black Laws Amendment Act, 1978 The whole Act No. 16 of 1979 Laws on Plural Relations and Development Sections 10 and 11 Amendment Act, 1979 Act No. 98 of 1979 Laws on Plural Relations and Development Sections 11 and 17 Second Amendment Act, 1979 Act No. 3 of 1980 Laws on Co-operation and Development Amendment Act, 1980 Section 6 --Act No. 94 of 1980 · Laws on Co-operation and Development Second Amendment Act, 1980 Sections 7 and 8 Act No. 102 of 1983 Laws on Co-operation and Development Amendment Act, 1983 Sections 16, 17 and 18 Act No. 83 of 1984 Laws on Co-operation and Development Amendment Act, 1984 Section 12 -, Act No. 91 of 1985 Laws on Co-operation and Development Amendment Act, 1985 Sections 6, 7 and 9 Act No. 105 of 1986 Laws on Development Aid Second Amend- The whole ment Act, 1986 Act No. 97 of 1988 Constitutional Laws Second Amendment Act, 1988 The whole Act No. 126 of 1991 Development Aid Laws Amendment Act, 1991 Sections 2, 3, 4, 5, 6, 7 and 8 Act No. 89 of 1993 Regional and Land Affairs General Amendment Act, 1993 Sections 10, 11, 12, 13, 15, 16, 17 and 18 Act No. 93 of 1993 Joint Administrative Authority for Walvis Bay Act, 1993 The whole Act No. 99 ~f 1993 Joint Administration of Certain Matters Act, 1993 Act No. 107 ~f 1993 Revocation and Assignment of Powers of Self-governing Territories Act, 1993 Act No. 109 of 1993 Regulation of Joint Executive Action re garding Certain Land Act, 1993 The whole The whole The whole
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