Suretyship Amendment Act, 1971 (Act 57 of 1971)

South African Government Gazette no. 3149
This is the latest version of this legislation commenced on 15 May 2004.
Coat of Arms

Suretyship Amendment Act, 1971

Act 57 of 1971

  1. [Amended by Bills of Exchange Act, 2003 (Act 22 of 2003) on 15 May 2004]

[APPLICABILITY TO SOUTH WEST AFRICA: Section 4 states “This Act shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel.” This wording did not make amendments to the Act in South Africa automatically applicable to South West Africa, but there were in any event no amendments to the Act in South Africa prior to Namibian independence.][TRANSFER TO SOUTH WEST AFRICA: The administration of the Act does not appear to have been transferred to South West Africa. In any event, the issue of transfer is not relevant to the content of the Act since there were no amendments to the Act in South Africa prior to Namibian independence.]ACTTo amend the law relating to suretyship and other intercessions in respect of debt; and to provide for incidental matters.(Afrikaans text signed by the State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

1. Abolition of certain rules of law

The rules of law known as the Senatusconsultum Velleianum and the Authentica si qua mulier shall as from the commencement of this Act cease to have the force of law.

2. Repeal of laws

The laws specified in the Schedule are hereby repealed to the extent set out in the third column thereof.

3. Saving

The provisions of this Act shall not apply in relation to a juristic act performed before the commencement thereof.

4. Application in South-West Africa

This Act shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel.

5. Short title

This Act shall be called the Suretyship Amendment Act, 1971.


Laws Repealed

[Schedule amended by Act 22 of 2003]

No. and Year. Title or Subject Matter. Extent of Repeal.
Act 13 of 1944 Land Bank Act, 1944 Section 50bis.
Act 24 of 1965 Building Societies Act, 1965 Section 68(3).
Act 46 of 1965 Land Bank Amendment Act, 1965 Section 10.

Law 40 of 1884 To Regulate Renunciations in Bonds Section 2 and Schedules B, C and D.
Act 13 of 1909 To amend Law No. 40, 1884 The whole.