South Africa Act Further Amendment Act, 1958

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South Africa Act Further Amendment Act, 1958
enacted by the Parliament of South Africa
Act No. 49 of 1958. First published on 3 October 1958 in Government Gazette Extraordinary No. 6122, and came into force upon publication. Repealed on 31 May 1961 by the Republic of South Africa Constitution Act, 1961.

Act

To amend the South Africa Act, 1909.



(Afrikaans text signed by the Governor-General.)
(Assented to 26th September, 1958.)


Be it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―


Amendment of section 14 of South Africa Act, 1909, as amended by section 1 of Act 34 of 1925, section 1 of Act 17 of 1933, sefction 1 of Act 13 of 1938, and section 1 of Act 39 of 1950.

1. Section fourteen of the South Africa Act, 1909 (hereinafter referred to as the principal Act), is hereby amended―

(a)   by the substitution in sub-section (1) for the word “fourteen” of the word “sixteen”; and
(b)   by the addition of the following sub-sections:
“(3)  (a)   The Governor-General may appoint so many persons as he may consider necessary to hold office during his pleasure as deputies to any Minister of State in his capacity as the officer appointed to administer any particular department of State, and any such deputy may on behalf of that Minister of State and under the designation of deputy Minister of the department in question, exercise such of the powers and perform such of the functions and duties assigned to that Minister of State in terms of any law or otherwise as the said Minister may from time to time determine, but shall not be a member of the Executive Council.
(b)   The total number of persons holding office by virtue of appointment under paragraph (a) shall not at any time exceed one half the number of officers appointed under sub-section (1) as Ministers of State.

(4) No person appointed under sub-section (3) shall hold office for a longer period than three months unless he is or becomes a member of the Senate or the House of Assembly.

(5) Any such person may be paid such an allowance in addition to any allowance which may be payable to him as a member of the Senate or the House of Assembly, as the Governor-General may determine.”.


Amendment of section 53 of South Africa Act, 1909, as amended by section 2 of Act 17 of 1933 and section 1 of Act 19 of 1940.

2. Section fifty-three of the principal Act is hereby amended by the addition at the end of sub-paragraph (1) of paragraph (d) of the words “or a deputy appointed to any Minister of State under sub-section (3) of section fourteen”.


Amendment of section 56 of the South Africa Act, 1909, as substituted by section 1 of Act 51 of 1926 and amended by section 4 of Act 21 of 1932, section 2 of Act 29 of 1933, section 1 of Act 43 of 1935, section 3 of Act 19 of 1940, section 24 of Act 20 of 1940, section 1 of Act 21 of 1946, section 2 of Act 66 of 1951, section 1 of Act 2 of 1957 and section 1 of Act 1 of 1958.

3. Section fifty-six of the principal Act is hereby amended by the insertion after paragraph (a) of sub-section (2) of the following paragraph:

“(a)bis   when he is absent in connection with the performance of any of his functions in pursuance of his appointment under sub-section (3) of section fourteen as the deputy to any Minister of State; and”.


Short title.

4. This Act shall be called the South Africa Act Further Amendment Act, 1958.

This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.

According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."