This section defines “Minister” and “proclaimed area,” and gives the Minister, President, and a Premier specified powers to delegate, assign, amend, repeal, adapt, or authorise certain land-administration functions, subject to stated conditions.
1. In this Act; unless the context otherwise indicates- "Minister" means the Minister of Land Affairs; "proclaimed area" means- (a) any area of the territories of the former Republics of Transkei, 5 Bophuthatswana, Venda and Ciskei; (b) any area for which a legislative assembly was established in terms of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971); 10 and (c) any l<ind or area which was ·referred to in section 25 of 'the Black Administration Act, 1927 (Act No. 38 of 1927), or section 21 of the Development Trust and Land Act,1936 (Act No. 18 of 1936), and which is situated.outside an area referred to in paragraph (a) or (b). 15 Delegation of powers and assignment of functions 2. (1) (a) The Minister may, either in general or in a particular case or in cases of a particular nature, in writing delegate to- (i) a Premier or a member of the Executive Council of a province; or (ii) any officer in the service of the national. government or a local 20 government body contemplated in section 1 of the Local Government . .. Transition Act, 1993 (Act No. 209 of 1993), . . . . . . . any power conferred upon him or her by or under a law regarding land matters. (b) Any person to .whom any power has been delegated under paragraph (a) shall exercise that power subject to the directions of the Minister. 25 (c) The Minister may at any time revoke in writing such delegation, and the delegation of any power shall not preventthe Minister from exercising that power himself or herself. ( di The Premier. or a member of the Executive cOuncil of a ·pwvince to whom·. any 'power has been delegated under paragraph' (a)(i) may, subject to any 30 directions contemplated in paragraph (b) and such further conditions and periods of time as he or she may consider ~ecessary, in writing delegate any such power to- ' · (i) the Director-:-Generalof that pwvince; (ii) any officer in the service of the provincial government concerned. . . .. (2) Th.e President may,.by proclamation iri the Gazette- (a) assign the administration of a law regarding land matters to a Premier of a province; or . . · , . . (b) reassign the administration of a law assigned in terms of paragraph (a) to a Minister referred to in section 88 of the Constitution, either generally or to the extent specified in the proclamation, and subject to such conditions, amendments, adaptations, modifications and periods of time as the President may consider necessary. 35 40 4 No. 16352 Act No. 2, 1995 GOVERNMENT GAZETIE, 6 APRIL 1995 LAND ADMINISTRATION ACf, 1995 •· (3) When the President assigns the administration of a law in terms of subsection (2), or at any time thereafter, and to the extent that he or she considers it necessary for the efficient carrying out of the assignment, he or she . may- . __ . . _ . (a) ainend or adapt such law in order to regulate its applicat_ion and _ 5 interpretation; . (b) where the assignment does not relate to the whole of such law, repe~l _· _ . __ . . and re-enact, whether with or without an amendment or adaptation contemplated in paragraph (a), those of its provisions to· which the assignment relates or to the extent that the assignment relates to them; 10 and . (c) regulate any other matter necessary, in his or her opinion, as a result of the assignment, including matters relating to the transfer or secondment of persons (subject to sections 236 and 237 of the Constitution) and relating to the transfer of assets, liabilities, rights· and obligations, 15 including funds, to or from the national or a provincial government or any department of state, administration, force or other institution. _ ( 4) (a) The transfer of any asset, liability, right or obligation as contemplated in subsection (3) shall be done subject to the provisions of the relevant applicable Exchequer Act. · · · · · · · 20 (b) The transfer or secondment of persons as contemplated in subsection (3) shall be done after consultation with the Public Service Commission and the relevant provincial service conunission, if applicable. - (5) The Premier of a province may, subject to such· c;;onditions and periods 'of time as he or she may consider necessary, in writing authorise-- -' _ - · (a) any member or members of the Executive Council of that province; (b) any member or members of s_uch Executive Council and the Director- General of that province jointly; the said Director-General; (c) (d) any officer in the service of the provincial government concerned; (e) any local government body contemplated in · section 1 of the Local Government Transition Act, 1993, _ ,- ·_ 25 30 to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function which the Premier is in 'terms of a proclama'tion under subsection (2) authorised to exercise or perform, except the 35 power to make regulations. - · (6) The provisions of section 10(5) and (SA) of the Interpretation Act, 1957 (Act No. 33 of 1957), shall apply mutatis mutandis to the administrati<;>n of a law or any provision of any law assigned under subsection (2)(a) or reassigned to a Minister under subsection (2)(b). - · · · · · · '- · · . · 40 · : · ' ' - Power of Pre5ident in relation to certain laws - 3. (1) In order to provide for the unifonnity of laws in respect of hind matters and land administration,' the President may by proclamation in the Gazette: · (a) repeal, amend or adapt any law applicable in a proclaimed area; · (b) make new laws or declare existing laws applicable to a proClaimed area~ 45 (2) When the President _declares existing laws applicable as contemplated in· · subsection (1), he or she may- . _, _ _ . _ · . (a) ' amend such law in order to regulate its application in the relevant area; · - · - - - -.· .... -. ··and (b) . repeal or amend any law;· or part thereof, that was in force in such area' 50 immediately prior to the commencement of the Constitution in order to regulate any matter which, in his or her opinion, is necessary' to_ be regulated in consequence of such application." - . ' -(3) The provisions of this section shall lapse on'31 December 1996. · .. . . ·' 6 No. 16352 Act No. 2, 1995 GOVERNMENT GAZE1TE, 6 APRIL 1995 LAND ADMINISTRATION ACT, 1995 Tabling or list or proclamations