Page:Divorce Act 1979.djvu/7

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Act No. 70, 1979

Divorce Act, 1979.

whom a children’s court has under section 60 (1) of the Children’s Act, 1960 (Act No. 33 of 1960), conferred the exclusive right to exercise any parental powers in regard to a minor, may by testamentary disposition appoint any person to be the sole guardian or to be vested with the sole custody of the minor, as the case may be, and

(b)

the father of a minor to whom the sole guardianship

of the minor has not been granted under subsection (1) or the Divorce Act, 1979, or upon whom a children’s court has not conferred the exclusive right to exercise any parental powers in regard to the minor, shall not be entitled by testamentary disposition to appoint any person as the guardian of the minor in any other manner than to act jointly with the mother.”; and

(d)

by the substitution for subsection (6) of the following

subsection:

“(6) If an order under section 60 of the Children’s Act, 1960, is rescinded, or if an order under subsection (1) of this section or under the Divorce Act, 1979, granting the sole guardianship or custody of a minor to a parent, lapses or is rescinded or is varied in such a manner that the parent is no longer the sole guardian or vested with the sole custody of the minor, any disposition under subsection (3) (a) shall lapse.”.

Amendment of section 72 of Act 66 of 1965, as amended by section 7 of Act 54 of 1970.

17. Section 72 of the Administration of Estates Act, 1965, is hereby amended by the substitution for that part of subsection (1) which precedes paragraph (b) thereof, of the following:

“(1) The Master shall, subject to the provisions of subsection (3) and to any applicable provision of section 5 of the Matrimonial Affairs Act, 1953 (Act No. 37 of 1953), and section 4 of the Matrimonial Affairs Ordinance, 1955 (Ordinance No. 25 of 1955), of the territory, or any order of court made under any such provision or any provision of the Divorce Act, 1979, on the written application of any person—

(a)

who has been nominated by will or written instrument—

(i)

by the father of a legitimate minor, who has not

been deprived, as a result of an order under subsection (1) of the said section 5 or subsection (1) of the said section 4 or the Divorce Act, 1979, of the guardianship of such minor, or under section 60 of the Children’s Act, 1960 (Act No. 33 of 1960), or section 58 of the Children’s Ordinance, 1961 (Ordinance No. 31 of 1961), of the territory, of his parental powers over him; or

(ii)

by the mother of an illegitimate, minor or of a

legitimate minor whose father is dead, who has not been so deprived of the guardianship of such minor or of her parental powers over him; or

(iii)

by the parent to whom the sole guardianship of a

minor has been granted under subsection (1) of the said section 5 or under subsection (1) of the said section 4 or under the Divorce Act, 1979, or on whom the exclusive right to exercise parental powers in regard to a minor has been conferred under the said section 60 or the said section 58,

to administer the property of such minor and to take care of his person as tutor, or to take care of or administer his property as curator; or”.