Institution of Legal Proceedings against certain Organs of State Act, 2002 (Act No. 40 of 2002)

No. and year of law

Short title

Extent of amendment or repeal

Act No. 38 of 1927

Black Administration Act, 1927

The repeal of section 32A.

Act No. 57 of 1951

Merchant Shipping Act, 1951

1.  The repeal of section 343.

2.  The amendment of section 344 by the deletion of subsection (4).

Act No. 44 of 1957

Defence Act, 1957

The repeal of section 113.

Act No. 94 of 1970

Limitation of Legal Proceedings (Provincial and Local Authorities) Act, 1970

The repeal of the whole.

Act No. 18 of 1973

Mental Health Act, 1973

The amendment of section 68 by the deletion of subsection (4).

Act No. 90 of 1979

Education and Training Act; 1979

The repeal of section 42A.

Act No. 70 of 1988

Education Affairs Act (House of Assembly), 1988

The repeal of section 108.

Act No. 122 of 1992

Audit Arrangements Act, 1992

The repeal of section 52.

Act No. 38 of 1994

Intelligence Services Act, 1994

The repeal of section 26.

Proclamation No. 103 of 1994

Public Service Act, 1994

The repeal of section 39.

Act No. 68 of 1995

South African Police Service Act, 1995

1.   The repeal of section 57.

2.   The amendment of section 64I—

(a)   by the substitution for subsection (1) of the following subsection

"(1) Any legal proceedings against a municipal police service or member of a municipal police service [in respect of any alleged act performed under or in terms of this Act or any other law, or an alleged failure to do anything which should have been done in terms of this Act or any other law] for the recovery of a debt as defined in the Institution of Legal Proceedings against certain Organs of State Act, 2002, shall be instituted against the municipal council in question."; and

(b)   by the deletion of subsection (2).

by the deletion of subsection (2).

Act No. 7 of 1998

The South African National Roads Agency Limited and National Roads Act, 1998

The amendment of section 59—

(a)   by the deletion of subsections (1) and (2); and

(b)   by the substitution for subsection (3) of the following subsection:

"(3) Neither the Agency nor [any person mentioned in subsection (1)(b)]—

(a) any of the members of the Board;

(b) the Chief Executive Officer;

(c) any of the other employees of the Agency acting in the performance of their duties;

(d) any person acting on behalf of the Agency on the authority of the Board; or

(e) any person who operates or has constructed a national road,

will be liable for any damage or loss suffered by any person through the use of any part of the national road other than the roadway or as a result of the closure or deviation of a national road under this Act.".

Act No. 111 of 1998

Correctional Services Act, 1998

The repeal of section 130.

Act No. 32 of 2000

Local Government: Municipal Systems Act, 2000

The amendment of section 109 by the deletion of subsection (1).