Part 6 (1/2)
(3) A statement showing the number of approvals granted by the Governor-General under sub-sections (1) and (2) of this section and giving the names and addresses of the persons to whom such approvals were granted, the reasons for granting the same, and the situation of the lands in respect of which they were granted, shall, within six weeks after the commencement of each ordinary session of Parliament, be laid upon the Tables of both Houses of Parliament.
(4) Every agreement or any other transaction whatever entered into in contravention of this section shall be null and void ab initio.
2. (1) As soon as may be after the commencement of this Act the Governor-General shall appoint a commission whose functions shall be to inquire and report --
(a) what areas should be set apart as areas within which natives shall not be permitted to acquire or hire land or interests in land;
(b) what areas should be set apart as areas within which persons other than natives shall not be permitted to acquire or hire land or interests in land.
The commission shall submit with any such report --
(i) descriptions of the boundaries of any area which it proposes should be so set apart; and
(ii) a map or maps showing every such area.
(2) The commission shall proceed with and complete its inquiry and present its reports and recommendations to the Minister within two years after the commencement of this Act, and may present INTERIM reports and recommendations: Provided that Parliament may by resolution extend (if necessary) the time for the completion of the commission's inquiry. All such reports and recommendations shall be laid by the Minister, as soon as possible after the receipt thereof, upon the Tables of both Houses of Parliament.
3. (1) The commission shall consist of not less than five persons, and if any member of the commission die or resign or, owing to absence or any other reason, is unable to act, his place shall be filled by the Governor-General.
(2) The commission may delegate to any of its members the carrying out of any part of an inquiry which under this Act it is appointed to hold and may appoint persons to a.s.sist it or to act as a.s.sessors thereto or with any members thereof delegated as aforesaid, and may regulate its own procedure.
(3) The reports and recommendations of the majority of the commission shall be deemed to be the reports and recommendations of the commission: Provided that any recommendations of any member who dissents from the majority of the commission shall, if signed by him, be included in any such report aforesaid.
(4) The commission or any member thereof or any person acting as a.s.sistant, or a.s.sessor, or secretary thereto may enter upon any land for the purposes of its inquiries and obtain thereon the information necessary to prosecute the inquiries. The commission shall without fee or other charge have access to the records and registers relating to land in any public office or in the office of any divisional council or other local authority.
4. (1) For the purposes of establis.h.i.+ng any such area as is described in section TWO, the Governor-General may, out of moneys which Parliament may vote for the purpose, acquire any land or interest in land.
(2) In default of agreement with the owners of the land or the holders of interests therein the provisions of the law in force in the Province in which such land or interest in land is situate relating to the expropriation of land for public purposes shall apply and, if in any Province there be no such law, the provisions of Proclamation No. 5 of 1902 of the Transvaal and any amendment thereof shall mutatis mutandis apply.
5. (1) Any person who is a party to any attempted purchase, sale, hire or lease, or to any agreement or transaction which is in contravention of this Act or any regulation made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or, in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, and if the act const.i.tuting the offence be a continuing one, the offender shall be liable to a further fine not exceeding five pounds for every day which that act continues.
(2) In the event of such an offence being committed by a company, corporation, or other body of persons (not being a firm or partners.h.i.+p), every director, secretary, or manager of such company, corporation, or body who is within the Union shall be liable to prosecution and punishment and, in the event of any such offence being committed by a firm or partners.h.i.+p, every member of the firm or partners.h.i.+p who is within the Union shall be liable to prosecution and punishment.
6. In so far as the occupation by natives of land outside the scheduled native areas may be affected by this Act, the provisions thereof shall be construed as being in addition to and not in subst.i.tution for any law in force at the commencement thereof relating to such occupation; but in the event of a conflict between the provisions of this Act and the provisions of any such law, the provisions of this Act shall, save as is specially provided therein, prevail:
Provided that --
(a) nothing in any such law or in this Act shall be construed as restricting the number of natives who, as farm labourers, may reside on any farm in the Transvaal;
(b) in any proceedings for a contravention of this Act the burden of proving that a native is a farm labourer shall be upon the accused;
(c) until Parliament, acting upon the report of the said commission, has made other provision, no native resident on any farm in the Transvaal or Natal shall be liable to penalties or to be removed from such farm under any law, if at the commencement of this Act he or the head of his family is registered for taxation or other purposes in the department of Native Affairs as being resident on such farm, nor shall the owner of any such farm be liable to the penalties imposed by section FIVE in respect of the occupation of the land by such native; but nothing herein contained shall affect any right possessed by law by an owner or lessee of a farm to remove any native therefrom.
7. (1) Chapter x.x.xIV of the Orange Free State Law Book and Law No. 4 of 1895 of the Orange Free State shall remain of full force and effect, subject to the modifications and interpretations in this section provided, and sub-section (1) (a) of the next succeeding section shall not apply to the Orange Free State.
(2) Those heads of families, with their families, who are described in article TWENTY of Law No. 4 of 1895 of the Orange Free State shall in the circ.u.mstances described in that article be deemed to fall under the provisions of Ordinance No. 7 of 1904 of that Province or of any other law hereafter enacted amending or subst.i.tuted for that Ordinance.
(3) Whenever in Chapter x.x.xIV of the Orange Free State Law Book the expressions ”lease” and ”leasing” are used, those expressions shall be construed as including or referring to an agreement or arrangement whereby a person, in consideration of his being permitted to occupy land, renders or promises to render to any person a share of the produce thereof, or any valuable consideration of any kind whatever other than his own labour or services or the labour or services of any of his family.
8. (1) Nothing in this Act contained shall be construed as, --