South Africa
War Damage Insurance and Compensation Act, 1976
Act 85 of 1976
- Published in Government Gazette 5175 on 30 June 1976
- Assented to on 18 June 1976
- Commenced on 30 June 1976
- [This is the version of this document from 4 October 1996.]
- [Amended by General Law Amendment Act, 1996 (Act 49 of 1996) on 4 October 1996]
1. Definitions
In this Act, unless the context otherwise indicates—"financial year" means a year ending on 31 March;"fund" means the War Damage Fund referred to in section 2;"Minister" means the Minister of Finance;"prescribed" means prescribed by regulation;"Treasury" means the Treasury as defined in section 1(1) of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975);"war damage" means—(a)any damage or loss sustained or expenditure incurred, amounting to not less than fifty rand, in respect of—(i)any merchant vessel which is a South African ship as defined in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), or which is owned by a company of which all the shares are held by shareholders within the Republic, irrespective of whether such merchant vessel was within or outside the territorial waters of the Republic at the time when the damage or loss was sustained or the expenditure was incurred;(ii)any commerical aircraft which is a South African aircraft as defined in section 1 of the Aviation Act, 1962 (Act No. 74 of 1962), irrespective of whether such commercial aircraft was in or over the Republic or the territorial waters thereof or elsewhere at the time when the damage or loss was sustained or the expenditure was incurred;(iii)any cargo on board such merchant vessel or commercial aircraft; or(iv)any prescribed property in the Republic, and arising from any hostile action directed against the security of the Republic, in which use is made of weapons other than nuclear weapons by the enemy or by the armed forces of the Republic or an ally of the Republic;(b)any other damage, loss or expenditure, amounting to not less than fifty rand, sustained or incurred during any hostile action directed against the security of the Republic and arising from—(i)the use of any weapon employing atomic or nuclear fission or fusion, or from capture, seizure, arrest, restraint, detention, requisition, pre-emption, violence, or political action of a hostile nature; or(ii)the prevention or suppression, by the armed or police forces of the Republic or an ally of the Republic, of any action referred to in subparagraph (i); or(iii)any attempt at any action referred to in subparagraph (i) or (ii),and which the Minister in his discretion, by notice in the Gazette, declares to be war damage.2. Establishment of War Damage Fund
The Minister may, as often as in his opinion there is a possibility of war damage arising, establish a fund, to be known as the War Damage Fund, which shall be a juristic person and shall be credited with—3. War damage insurance and compensation
4. Utilization of money of fund
The money of the fund shall be utilized—5. Limited meeting of funds liabilities
If in any financial year the liabilities of the fund exceed its revenue or the Minister is of the opinion that this is likely to happen—6. Utilization of money paid by fund
The Minister may in his discretion require that an amount of money paid by the fund in terms of a scheme referred to in section 3, or such part of such amount as may be determined by him, shall be utilized for the repair or replacement, to the satisfaction of the Minister, of that war-damaged property in respect of which the payment was made, or for such other purpose as he may approve, and may take such steps as may be necessary in order to ensure that the said amount or part thereof is so utilized.7. Administration of schemes and control of fund
8. Banking account and audit
9. Investment of money not immediately required
10. Dissolution of fund
11. Regulations
The Minister may make regulations as to any matter which he considers it necessary or expedient to prescribe in order that the achievement of the purposes of this Act may be promoted or facilitated.12. ***
[section 12 repealed by section 1 of Act 49 of 1996]13. Repeal of laws
14. Short title
This Act shall be called the War Damage Insurance and Compensation Act, 1976.History of this document
04 October 1996 this version
Amended by
General Law Amendment Act, 1996
30 June 1976
18 June 1976
Assented to