Local Government (Provincial Powers) Act, 1926

by enacted by the Parliament of South Africa

Act

To declare the legislative powers of Provincial Councils in relation to local government institutions other than municipal institutions or divisional councils; in that respect to amend section eighty-five of the South Africa Act, 1909; and to validate acts done by or under authority of public health committees established in the Province of Natal under Ordinance No. 7 of 1923.

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(Assented to 5th February, 1926.)
(Signed by the Governor-General in English.)

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Whereas the Provincial Council of Natal provided in Ordinance No. 7 of 1923, as amended by Ordinance No. 6 of 1924, for the establishment of certain public health committees:

And whereas the said Ordinances were assented to by the Governor-General on the first day of June, 1923, and the ninth day of June, 1924; respectively:

And whereas by virtue of a judgment of the appellate division of the Supreme Court, dated the twenty-seventh day of November, 1925, it has been made to appear that it was not within the power of the said Provincial Council to pass the said Ordinances:

And whereas certain public health committees were established under the provisions of the said Ordinance No. 7 of 1923, and it is desirable to validate the acts done by committees and by other persons under the authority of such committees or under regulations made by them:

And whereas it is desirable that Provincial Councils should be empowered to legislate in respect of local institutions having authority and functions in respect of the local government of, or the preservation of the public health in, any area within their respective Provinces, and that, for that purpose, section eighty-five of the South Africa Act, 1909, should be amended:

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

Amendment of section eighty-five of the South Africa Act, 1909.

1. (1) Section eighty-five of the South Africa Act, 1909, is hereby amended by the deletion from paragraph (vi) of the words “of a similar nature” and the substitution therefor of the words “having authority and functions in any area in respect of the local government of, or the preservation of public health in, that area, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919).”

(2) The provisions of subsection (1) shall be deemed to have come into operation on the first day of January, 1920: Provided that the provisions of this sub-section shall not apply to the Ordinances referred to in section two.

Validation of acts of certain public health committees.

2. (1) All acts done by any committee established under Ordinance No. 7 of 1923 of Natal (hereinafter called a committee) and all acts done in good faith by any persons under the authority of a committee or of regulations made under the authority of the said Ordinance, or of the said Ordinance as amended by Ordinance No. 6 of 1924 of Natal, shall be deemed to have been lawfully done.

(2) All rates or charges imposed in terms of the said Ordinances by a committee shall be deemed to have been lawfully imposed; and all payments made in accordance with the said Ordinances to a committee shall be deemed to have been made in discharge of lawful obligations.

Payment of rates and charges due to committees prior to 27th November, 1925.

3. The amount of any rate or charge imposed in terms of the said Ordinances on or prior to the twenty-seventh day of November, 1925, by a committee but remaining unpaid at that date shall be deemed to be a debt to the Administrator of the Province of Natal, and to be or have been due and payable on such date as it purports or purported to be due and payable to the committee, and such debt may be recovered by the Administrator in any competent court.

Transfer of assets and liabilities of committee.

4. (1) Subject to the provisions of this Act, all assets and rights which belong to or purported to belong to a committee shall be vested in the Administrator of the Province of Natal, who shall also be charged with all obligations incurred by a committee.

(2) If in any area in respect of which the assets and liabilities of a committee have been transferred to and are held by the Administrator under sub-section (1), any authority is hereafter lawfully constituted under section eighty-five of the South Africa Act, 1909, as amended by this Act, it shall be competent for the Provincial Council of the Province of Natal or for the Administrator of that Province acting under the advice of the executive committee, to transfer such assets and liabilities to such authority.

Short title.

5. This Act may be cited as the Local Government (Provincial Powers) Act, 1926.