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Sundays River Settlement Regulation Control Act, 1980 (No. 51 of 1980)
Act
- to provide
- for the assets, rights, liabilities and obligations of the Sundays River Settlement Management Board to be vested in the Division of Winterhoek; and
- for a special account to be kept by the council of the said Division and to be credited with certain moneys;
- to determine the purposes for which the moneys in the special account shall be utilized;
- to repeal the Sundays River Settlement Management Act, 1935; and
- to provide for incidental matters.
(English text signed by the State President. )
(Assented to 2 May 1980.)
Preamble.
WHEREAS a management board, known as the Sundays River Settlement Management Board, was established by section 2 of the Sundays River Settlement Management Act, 1935 (Act No. 36 of 1935), to manage and control the area defined in the Schedule to that Act,· known as the Sundays River Settlement;
AND WHEREAS the Sundays River Settlement was by virtue of the Divisional Councils Ordinance, 1976 (Ordinance No. 18 of 1976 of the province the Cape of Good Hope), incorporated in the Division of Winterhoek under the jurisdiction of the council of that Division; '
AND WHEREAS the said management board is not equipped to meet the demands of present-day local government;
AND WHEREAS the council of the Division of Winterhoek is equipped to meet the said demands;
AND WHEREAS that management board has at its disposal certain assets;
AND WHEREAS it is therefore expedient to abolish that management board and to provide for its assets to be vested in the Division of Winterhoek;
AND WHEREAS it is expedient to provide for incidental matters:
BE IT THEREFORE ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
Definitions.
1. In this Act, unless the context otherwise indicates-
"Ordinance" means the Divisional Councils ·Ordinance, 1976 {Ordinance No. 18 of 1976 of the province of the Cape of Good Hope);
"Sundays River Settlement" means the area defined in the Schedule to the Sundays River Settlement Management Act, 1935 (Act No. 36 of 1935).
Vesting of assets, rights, liabilities and obligations of Sundays River Settlement Management Board in Division of Winterhoek.
2. (1) The assets, rights, liabilities and obligations of the Sundays River Settlement Management Board established by section 2 of the Sundays River Settlement Management Act, 1935 (Act No. 36 of 1935), are hereby vested in the Division of Winterhoek, established under section 8 of the Ordinance.
(2) The registrar of deeds concerned shall as soon as may be practicable after the commencement of this Act make such entries or endorsements in or on any relevant register, title deed or other document in his office or submitted to him as he may deem necessary in order to register any fixed property vested in the said Division in terms of subsection (1) in the name of the Division.
Divisional council of Winterhoek to keep special account.
3. (1) The Council of the Division of Winterhoek shall keep a special account which shall be credited with-
(a) all moneys vested in the Division by virtue of the provisions of section 2 (1); .
(b) the proceeds of the sale of any assets vested in the Division in terms of the said provisions and of any other assets into which such assets are converted;
(c) any income derived from investment of the moneys in the special account and from exploitation of the assets referred to in paragraph (b).
(2) The moneys in the special account shall be utilized by the said council for-
(a) the discharge of debts for which the said Division is liable by virtue of the provisions of section 2 (1);
(b) the defrayal of expenses incurred by that Division in connection with the administration of the special account;
(c) the promotion of the welfare of the Sundays River Settlement and its residents.
(3) The special account mentioned in subsection (1) shall for all purposes be deemed to be a special fund established with the approval of the administrator of the province of the Cape of Good Hope under section 75 (1) of the Ordinance for the purposes mentioned in subsection (2) of this section.
Repeal of Act 36 of 1935.
4. The Sundays River Settlement Management Act, 1935, is hereby repealed.
Short title and commencement.
5. This Act shall be called the Sundays River Settlement Regulation of Control Act, 1980, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Commencement
14 August 1981 (Gazette 7712 of 14 August 1981)
