Executive Powers (National Education) Transfer Proclamation, 1978 (Proclamation AG1 of 1978)

Official Gazette no. 3687
This is the latest version of this legislation.
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Executive Powers (National Education) Transfer Proclamation, 1978

Proclamation AG1 of 1978

  • Published in Official Gazette no. 3687 on 11 January 1978

  • Assented to on 19 December 1977
  • Commenced on 11 January 1978

  • [Up to date as at 10 September 2021]


PROCLAMATIONof the ADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WEST AFRICATRANSFER OF ADMINISTRATION OF DEPARTMENT OF NATIONAL EDUCATION 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, 11 January 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 National Education

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 National Education of the Republic of South Africa, shall be carried on by the Administrator-General.

3. Application of laws

(1)A reference to any office of the Government of the Republic in the Archives Act, 1962 (Act 6 of 1962), shall be construed as a reference to any office administered by or under the authority of the Administrator-General.
(2)The provisions of subsection (1) of section 3 of the General Proclamation shall, without detracting from the provisions of subsection (2) of that section, not apply to -(a)section 3(1) and the reference to Republic in sections 8 and 9(2)(a) and (b) of the Archives Act, 1962;(b)the Heraldry Act, 1962 (Act 18 of 1962);(c)the Human Sciences Research Act, 1968 (Act 23 of 1968);(d)section 16 of the Cultural Institutions Act, 1969 (Act 29 of 1969);(e)the Broadcasting Act, 1976 (Act 73 of 1976);(f)the South African Teachers’ Council for Whites Act, 1976 (Act 116 of 1976).
(3)Notwithstanding the provisions of section 3(2)(b) of the General Proclamation, the reference to the Minister of National Education in section 5(1)(j) and (l) and (4) of the National Monuments Act, 1968 (Act 28 of 1968), shall be construed as a reference to the Administrator -General.[Section 1(2) of the Archives Act Amendment Act 5 of 1979 provides that the reference to the Archives Act 6 of 1962 in section 3, or a provision thereof, shall be construed as a reference to that Act, or such provision, as amended by the Archives Amendment Act 32 of 1979 (RSA) which Act 5 of 1979 makes applicable to South West Africa. The Archives Act 6 of 1962 is no longer in force in Namibia.]

4. Short title

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