Treaties of Peace Act 20 of 1948

Treaties of Peace Act, 1948 (No 20 of 1948)

Act

to provide for carrying into effect Treaties of Peace between the Government of the Union of South Africa and certain other powers.

(English Text signed by the Governor-General.)
(Assented to 25th March, 1948.)

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 :-

Definitions.

1. In this Act the expression " the Treaties " means the Treaties of Peace with Bulgaria, Finland, Hungary, Italy and Roumania (copies of which were laid before Parliament on the thirtieth day of May, 1947) which were signed on behalf of the Government of the Union in Paris on the tenth day of February, 1947, and to the ratification of which the concurrence of Parliament has been obtained, and such other treaties as may be included in this definition in accordance with the provisions of section three.

Legislation to give effect to peace treaties.

2. (1) The Governor-General may, subject to the provisions of sub-section (3), and after any one of the Treaties has been ratified by the Government of the Union, by proclamation make such regulations as appear to him to be necessary or expedient for carrying out such treaty, and for giving effect to the provisions thereof.

(2) Without prejudice to the generality of the powers conferred by sub-section (1), such regulations-

(a) shall be of force and effect, notwithstanding anything to the contrary in any other law contained;

(b) may, for the purposes set out in sub-section (1), be made retrospective in effect ;

(c) may for the said purposes, establish any necessary offices, and authorize any necessary appointments;

(d) may provide for the imposition of penalties specified therein for any contravention of or failure to comply with any provision of the regulations.

(3) (a) Any proclamation issued in terms of sub-section (1) shall be laid on the Tables of both Houses of Parliament within fourteen days after publication if Parliament is then in ordinary session, or if it is not then in ordinary session, within fourteen days after the commencement of its next· ensuing ordinary session.

(b) If both Houses of Parliament have by resolutions passed in the same session (being a session during which any proclamation referred to in paragraph (a) has been duly laid on the Tables) approved of any such proclamation, or of any provision in any such proclamation, such proclamation shall thereafter be of force and effect to the extent to which it has been so approved, but without prejudice to anything that has been done in terms of such proclamation, up to the date of the passing of such resolutions which shall be deemed to have been validly done, whether such proclamation is approved or disapproved.

Extension of Act to cover other treaties with former enemy powers.

3. (1) Whenever a treaty of peace is concluded between the Government of the Union and any power not mentioned in section one, between whom and the Union a state of war exists at the date of commencement of this Act, 'or has at any time since the sixth day of September, 1939, existed, the Governor-General may, after such treaty has been ratified with the prior concurrence of Parliament, provide by proclamation that, save as provided in sub-section (2), such treaty shall for the purposes of this Act thereafter be deemed to be included in the definition of the expression " the Treaties " in section one contained.

(2) The provisions of sub-section (3) of section two shall apply mutatis mutandis in regard to any proclamation promulgated in terms of sub-section (1). 

Short title.

4. This Act shall be called the Treaties of Peace Act, 1948.

Commencement

9 April 1948