Black Administration (Amendment) Act 9 of 1939

Black Administration (Amendment) Act, 1939 (No. 9 of 1939)

Act

to amend the Black Administration Act, 1927 [repealed in 2005]

(Signed by the Governor-General in English.)
(Assented to 27th March, 1939.)

Be it enacted by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:-

Amendment of section 2 of Act 38 of 1927, as amended by section 3 of Act 9 of 1929.

1. Section two of the Black Administration Act, 1927, as amended (which Act, as amended, is hereinafter called the principal Act), is hereby amended-

(a) by the substitution for sub-section (2) of the following sub-section :

" (2) Subject to the provisions of the law governing the public service and of sub-section (3), the Minister may appoint for any area in which large numbers of Blacks reside a black commissioner and so many additional black commissioners and assistant black commissioners as he may deem necessary, who shall all be officers of the said service before their appointment. Such officers shall perform such duties as may be required by any law or assigned to them by the Minister " ; 

(b) by the insertion in sub-section (5) after the word "Minister" of the words "or if delegated thereto by the Minister, the Secretary for Black Affairs or the Under-Secretary for Black Affairs."

Amendment of section 27 of Act 38 of 1927.

2. Section twenty-seven of the principal Act is hereby amended-

(a) by the deletion at the end of paragraph (d) of subsection (1) of the word "and" ; and

(b) by the insertion after the said paragraph (d) of the following new paragraph :

" (d) bis the prohibition, restriction or regulation of-

(i) the sale (within areas to be defined in the regulations) of goods to Blacks employed on mines or works otherwise than on payment in cash of the full purchase price of the goods;

(ii) the lending of money by traders (including persons licensed under sub-section (2) of section one ltundred and twenty-seven of the Liquor Act, 1928 (Act No. 30 of 1928), to sell sorghum beer) orthe recovery of money lcr1t hy traders (including persons so licensed) to Blacks so employed;

(iii) the presence of traders (including persons so licensed) or their representatives at places within areas to be defined in the regulations where Blacks so employed receive their wages and while they are being paid their wages;

(iv) the giving of any assistance, whatsoever, whether direct or indirect, by owners or managers of or persons employed on mines or works to traders (including persons so licensed) in the collection of debts owing to them by Blacks so employed ; and

(v) generally, the giving of credit by traders to Blacks so employed; and ".

Amendment of section 35 of Act 38 of 1927, as amended by section 9 of Act 9 ofl1929.

3. Section thirty-five of the principal Act is hereby amended-

a) by the insertion after the definition of the expression "marriage" of the following new definition:

" 'mine' bears the meaning assigned to the expression by section two of the Black Labour Regulation Act, 1911 (Act No. 15 of 1911), as amended by section thirty-three of the Black Laws Amendment Act, 1937 (Act No. 4.6 of 1937) ";

(b) by the substitution for the words "in an area proclaimed under section six (1) under the same conditions as a Black ", occurring in the definition of the expression "Black ", of the words "under the same conditions as a Black in a scheduled blackarea or a released area, as defined or described in or under the Development Trust and Land Act, 1936 (Act No. 18 of 1936), or on_any land of which the South African Black Trust is the registered owner" ;

(c) by the addition at the end of the section of the following new definition:

" 'works' bears the meaning assigned to the expression by section two of the Black Labour Regulation Act, 1911 (Act No. 15 of 1911), as amended by section thirty-three of the Black Laws Amendment Act, 1937 (Act No. 46 of 1937) ".

Short title.

4. This Act shall be called the Black Administration (Amendment) Act, 1939.

Commencement

29 March 1939