Executive Powers (Interior) Transfer Proclamation, 1978 (Proclamation AG17 of 1978)

Official Gazette no. 3721
This is the latest version of this legislation.
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Executive Powers (Interior) Transfer Proclamation, 1978

Proclamation AG17 of 1978

  • Published in Official Gazette no. 3721 on 30 March 1978
  • Assented to on 17 March 1978
  • Commenced on 30 March 1978
  • [Up to date as at 6 November 2020]
  1. [Amended by Aliens and Immigration Laws Amendment Proclamation, 1989 (Proclamation AG15 of 1989) on 9 June 1989]
  2. [Amended by Immigration Control Act, 1993 (Act 7 of 1993) on 29 July 1994]
PROCLAMATIONof the ADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WEST AFRICATRANSFER OF ADMINISTRATION OF DEPARTMENT OF THE INTERIOR TO THE ADMINISTRATOR-GENERAL
Under the powers vested in me by Proclamation 181 of 19 August 1977, I hereby make the laws set out in the Schedule.M. T. STEYNAdministrator-GeneralWindhoek, 22 March 1978

Schedule

1. Definition

(1)In this Proclamation “General Proclamation” means the Executive Powers Transfer (General Provisions) Proclamation, 1977 (Proclamation AG. 7 of 1977).
(2)A reference in this Proclamation to any particular law, shall be construed as including a reference to a regulation, rule or other enactment made under or relating to that law.

2. Transfer of administration of Department of the Interior

Notwithstanding anything to the contrary contained in any other law but subject to the provisions of this Proclamation and the General Proclamation, the administration of the affairs of the territory of South West Africa in relation to any matter which at the commencement of this Proclamation is administered by the Minister of the Interior of the Republic of South Africa in the Department of the Interior, shall be carried on by the Administrator-General.

3. Application of laws

(1)The provisions of subsection (1) of section 3 of the General Proclamation shall, without detracting from the provisions of subsection (2)(a) and (c) of that section, not apply to -[introductory phrase of subsection (1) amended by AG 15 of 1989](a)the South African Citizenship Act, 1949 (Act 44 of 1949);(b)the Departure from the Republic Regulation Act, 1955 (Act 34 of 1955);(c)the reference to the Government in sections 14(1)(a) and 40(1)(a) and (3), the reference to the State President in section 14(1)(c) and the reference to the Republic in section 40(1)(a) and (3) of the Admission of Persons to the territory Regulation Act, 1972 (Act 59 or 1972);[paragraph (c) substituted by AG 15 of 1989](d)the Publications Act, 1974 (Act 42 of 1974).
(2)The provisions of section 3(1)(c) of the General Proclamation shall, without detracting from the provisions of section 3(2) thereof, not apply to -(a)section 12(1) of the Aliens Act, 1937 (Act 1 of 1937);(b)paragraphs (a) and (b) of section 189(1) of the Merchant Shipping Act, 1951 (Act 57 of 1951);(c)the Marriage Act, 1961 (Act 25 of 1961);(d)the Births, Marriages and Deaths Registration Act, 1963 (Act 81 of 1963);(c)section 8 of the Newspaper and Imprint Registration Act, 1971 (Act 63 of 1971);[This paragraph is incorrectly lettered as (c) in the English version of the Proclamation, but appears correctly as paragraph (e) in the Afrikaans version.](f)[paragraph (f) deleted by AG 15 of 1989]
(3)[subsection (3) deleted by AG 15 of 1989]

4. ***

[Section 4 is deleted by Act 7 of 1993. This section originally repealed a provision of the Admission of Persons to Namibia Regulation Act 59 of 1972, which was repealed in its entirety by Act 7 of 1993]

5. Short title

This Proclamation shall be called the Executive Powers (Interior) Transfer Proclamation, 1978.