South African Express Act, 2007 (Act No. 34 of 2007)

1. Definitions

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In this Act, unless the context indicates otherwise—

 

"Companies Act"

means the Companies Act, 1973 (Act No. 61 of 1973);

 

"conversion date"

means the date on which the conversion of South African Express (Propriety) Limited into a public company is registered in terms of section 6(1);

 

"Legal Succession Act"

means the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989);

 

"Minister"

means the Minister responsible for Public Enterprises;

 

"SAX"

means South African Express (Proprietary) Limited and, with effect from the conversion date, South African Express Limited;

 

"SAX claims"

means all amounts owing by SAX to Transnet as at midnight on the day immediately before the transfer date;

 

"SAX interests"

means those SAX claims and assets, liabilities, rights or obligations determined in terms of section 3(1)(a) or section 3(2), as the case may be, to constitute SAX interests;

 

"SAX shares"

means all the shares in the capital of SAX of which Transnet is, immediately before the transfer date, the registered and beneficial owner;

 

"South African Express Limited"

means South African Express Limited, a public company duly incorporated in terms of the Companies Act;

 

"South African Express (Proprietary) Limited"

means South African Express (Proprietary) Limited, a private company duly incorporated in terms of the Companies Act;

 

"State"

means the Government of the Republic of South Africa acting through the Minister;

 

"this Act"

includes any regulation in terms of section 8;

 

"transfer date"

means the date on which the transfer of shares and claims is finalised under an agreement between Transnet and the State;

 

"Transnet"

means Transnet Limited, a company duly incorporated in terms of section 2 of the Legal Succession Act.