National Ports Act, 2005 (Act No. 12 of 2005) > Chapter 4 : Board, Staff and Assets of Authority > 27. Transfer of ports, land and other rights and obligations

(1)

(a)	On a date after the commencement of this Act, determined by the Shareholding Minister by notice in the Gazette, National Ports Authority (Pty) Ltd becomes the successor to National Ports Authority of South Africa.

(b)	The date contemplated in paragraph (a) must be determined after consultation with the Minister and with the concurrence of the Minister of Finance.

(2)	On the date determined in terms of subsection (1), Transnet must transfer to National Ports Authority (Pty) Ltd the business of the National Ports Authority of South Africa and—

(a)	all land and immovable property relating to the business of National Ports Authority of South Africa and owned by Transnet will vest in the National Ports Authority (Pty) Ltd; and

(b)	all movable property and all liabilities, rights and obligations of Transnet relating to the National Ports Authority of South Africa as determined by the Shareholding Minister will vest in National Ports Authority (Pty) Ltd.

(3)	Upon the vesting contemplated in subsection (2), the Board of National Ports Authority (Pty) Ltd must inform the National Treasury in the manner contemplated in section 54(2) of the PFMA.

(4)	On the date contemplated in subsection (1) and arising out of the vesting in terms of subsection (2), and without derogating from the generality of that subsection, National Ports Authority (Pty) Ltd—

(a)	becomes the owner of all land and immovable property situated within ports;

(b)	becomes the owner of all lighthouses and other navigational aids;

(c)	is substituted as the litigating party for Transnet in all pending litigation relating to the business of the National Ports Authority, including arbitration and mediation, as if it had been the litigant from the beginning; and

(d)	is substituted as the contracting party for Transnet in all contracts relating to the business of the National Ports Authority as if the Authority had been the contracting party from the beginning.

(5)	Subsections (2) and (4) are not to be interpreted as conferring on National Ports (Pty) Ltd a right of ownership in—

(a)	movable or immovable property which, before the date determined in terms of subsection (1), was vested in a person other than Transnet Limited or any of its Divisions;

(b)	telecommunication facilities or petroleum pipelines of Transnet Limited or any of its Divisions.

(6)

Despite section 5 of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and the provisions of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar of deeds referred to in section 102 of the latter Act must, on submission of a certificate by the Shareholding Minister that land has vested under this section, make such entries and endorsements free of charge as the registrar considers necessary in any appropriate register in order to register the transfer of such land in the name of the Authority.

(7)

A registrar of deeds must, on submission of a certificate by the Shareholding Minister that a servitude, other real right or lease has vested under this section, make such entries and endorsements as the registrar considers necessary in or on any appropriate register in order to register such vesting in the name of the Authority.

(8)

(a)	Despite any provision in any other law to the contrary, and with the concurrence of the Minister of Finance, Transnet, National Ports Authority (Pty) Ltd and the Authority are exempt from—

(i)	any tax, value-added tax, capital gains tax, stamp duties, transfer duties or registration fees payable in terms of any law in relation to the transfer of assets or rights;

(ii)	any fee or charge required in terms of the Companies Act; and

(iii)

any fee or charge required in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937).

(b)	The exemption referred to in paragraph (a) applies to the processes contemplated in sections 3, 4 and 27.