Statistics Act, 1999
R 385
Land and Agricultural Development Bank Act, 2002 (Act No. 15 of 2002)Part V : Administrative and Transitional Matters52. Transitional matters |
| (1) | Anything validly done in terms of the Land Bank Act, 1944 (Act No. 13 of 1944), continues to be valid and of full force and effect despite the repeal of that Act by section 53 and any regulations made in terms of that Act remain in force until repealed in terms of section 49 of this Act. |
| (2) | Every person who was an employee of the Land and Agricultural Bank of South Africa operating in terms of the Land Bank Act, 1944, immediately before the repeal of that Act is regarded as having being appointed in terms of section 17 or 19, as the case may be, of this Act, and the employment agreement existing between that person and the Bank immediately before the commencement of this Act continues to have full force and effect without any change as if it had been concluded by virtue of this Act. |
| (3) | Unless every applicable provision of labour legislation had been complied with and unless a person contemplated in subsection (2) agrees thereto in writing, the remuneration and other terms and conditions of employment applicable to that person immediately before the commencement of this Act remain applicable to that person after the commencement of this Act, and he or she remains entitled to all rights, benefits and privileges to which he or she was entitled immediately before the commencement of this Act, including but not limited to— |
| (a) | membership of a pension fund; |
| (b) | membership of a medical aid scheme; |
| (c) | employer contributions in connection with such membership; |
| (d) | accrued pensionable service; |
| (e) | accrued leave benefits; |
| (f) | remuneration; |
| (g) | leave benefits; and |
| (h) | retirement at a specific age. |
| (4) | Despite any provision to the contrary in any law and for the purposes of any law, no change of employer is regarded as having taken place in respect of any employee of the Bank contemplated in subsection (2). |
| (5) | Any proceedings involving the Bank, whether they be litigation in court or any hearing of whatever nature in terms of labour legislation, which had been instituted immediately before the commencement of this Act, must be disposed of as if this Act had not been enacted, and the Bank retains any rights it had in respect thereof immediately before the commencement of this Act. |
| (6) | The registrar of deeds must make any entries or endorsements which may be necessary to reflect the correct position regarding ownership of property as a result of section 2 and no office fee or other charge is payable in respect of such entries or endorsements. |
| (7) | Any reference in any legislation to the Land and Agricultural Bank of South Africa or the Land Bank Act, 1944, must be interpreted as a reference to the Bank or to this Act, as the case may be. |
