Community Development Amendment Act 12 of 1980

Community Development Amendment Act, 1980 (No. 12 of 1980)

GENERAL EXPLANATORY NOTE: ·
[ ]  Words in bold type in square brackets indicate omissions from existing enactments. 
__ Words underlined with· solid line indicate insertions in existing enactments.

Act

• to amend the provisions of the Community Development Act, 1966, relating to
  • the service of certain notices;
  • the procedure if certain rentals are not paid timeously; and 
  • the powers of inspectors; and
• to provide for incidental matters.

(Afrikaans text signed by the State President.)
(Assented to 21 March 1980.)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Amendment of section 18 of Act 3 of 1966, as amended by section 3 of Act 126 of 1977.

1. Section 18 of the Community Development Act, 1966 (hereinafter referred to as the principal Act), is hereby amended- 

(a) by the substitution in subsection (1) for the words following paragraph (b) of the following words:

"the board may, after having given seven days' notice in the case of any such property occupied for residential purposes, or thirty days' notice in the case of any such property occupied for any other purpose, by letter delivered either to such tenant or other occupier personally or to some adult person living on the property, or, if such letter cannot be so delivered, by letter affixed to the outer or principal door of any building erected on such property, or by registered letter addressed to such tenant or occupier at the address where the property is situated, without having obtained any judgment or order of court, by resolution declare that such property may be entered upon and taken possession of.";

(b) by the substitution for subsection (2) of the following subsection:

"(2) Whenever the board has made any declaration under subsection (1) [the property may be entered upon and taken possession of by] the Secretary or any person acting under his authority may-

(a) in the case of any property occupied for residential purposes, enter upon and take possession of the property;

(b) in the case of any property occupied for any other purpose-

(i) enter upon the property and lock, and keep locked, the buildings thereon until the arrear rentals in respect thereof are paid or satisfactory arrangements have been made for the payment of such arrear rentals; or

(ii) enter upon and take possession of the property.".

Amendment of section 48 of Act 3 of 1966.

2. Section 48 of the principal Act is hereby amended by the addition in subsection (1) of the following paragraph:

"(e) enter upon any premises or any building-

(i) acquired or erected by means of a loan from the fund as long as any part of the loan or interest thereon is still owing to the fund;

(ii) let by the board; or

(iii) sold by the board as long as any part of the purchase price or interest thereon is still owing to the board,
to make any inspection or to perform any work or to do anything which he is required or authorized to do under this Act or to perform such duties as the Secretary may entrust to him in tenns of this Act.''.

Short title.

3. This Act shall be called the Community Development Amendment Act, 1980.

Commencement

9 April 1980