Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/33

From Wikisource
Jump to navigation Jump to search
This page has been validated.
410
Republic of South Africa Constitution

Act No. 32 of 1961.


(2) A commissioner shall hold office for a period of five years, but may be re-appointed.

(3) A commissioner shall not be removed before the expiration of his period of appointment, except by the State President for cause assigned, which shall be communicated by message to the Senate and to the House of Assembly within one week after the removal, if Parliament is in session or, if Parliament is not in session, within one week after the commencement of the next ensuing session.

(4) The salaries of the commissioners shall be fixed by Parliament and shall not be reduced during their respective terms of office.


Railways, ports and harbours to be administered on business principles.

103. (1) The Railways, ports and harbours of the Republic shall be administered on business principles, due regard being had to agricultural and industrial development within the Republic and the promotion, by means of cheap transport, of the settlement of an agricultural and industrial population in the inland portions of all provinces.

(2) (a) So far as may be, the total earnings of the railways, ports and harbours shall be not more than are sufficient to meet the necessary outlays for working, maintenance, betterment, depreciation and the payment of interest due on capital not being capital contributed out of railway or harbour revenue, and not including any sums payable out of the Consolidated Revenue Fund in accordance with the provisions of sections one hundred and five and one hundred and six.

(b) The amount of interest due on such capital invested shall be paid over from the Railway and Harbour Fund into the Consolidated Revenue Fund.


Establishment of fund for maintaining uniformity of railway rates.

104. Notwithstanding anything to the contrary contained in section one hundred and three, the board may establish a fund out of railway and harbour revenue to be used for maintaining, as far as may be, uniformity of rates notwithstanding fluctuations in traffic.


Construction of railways, ports and harbour works.

105. (1) Save as provided in paragraph (6) of section two of the Railways and Harbours Control and Management (Consolidation) Act, 1957 (Act No. 70 of 1957), no railway for the conveyance of public traffic, and no port, harbour or similar work, shall be constructed without the sanction of Parliament.

(2) Every proposal for the construction of any port or harbour works or of any line of railway, shall, before being submitted to Parliament, be considered by the board, which shall report thereon, and shall advise whether the proposed works or line of railway should or should not be constructed.

(3) (a) If any such works or line is constructed contrary to the advice of the board, and if the board is of opinion that the revenue derived from the operation of such works or line will be insufficient to meet the costs of working and maintenance, and of interest on the capital invested therein, it shall frame an estimate of the annual loss which, in its opinion, will result from such operation.