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Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter V General Provisions

57. Legal succession to Atomic Energy Corporation

 

1) The Corporation will be substituted for the Atomic Energy Corporation in any contract or agreement entered into by the latter before the specified date, if the contract or agreement-
a) relates to any matter which, on the specified date, falls within the Corporation’s competence in terms of this Act; and
b) is still pending on the specified date, that is to say, where the term of the contract or agreement has not yet expired, or any obligation thereunder has not been fulfilled (whichever may be applicable).

 

2) As from the specified date, the Corporation-
a) will take over from the Atomic Energy Corporation the responsibility for all projects and work which had been commenced with before that date in terms of the previous Act-
i) with regard to matters which, on the specified date, fall within the Corporation’s competence in terms of this Act; and
ii) which, on the specified date, have not been completed; and
b) will be competent to continue with and to carry out those projects and that work or to have them carried out subject to the provisions of this Act and any agreements, contemplated in subsection (1), relating to the execution of the projects or the performance of the work by the other contracting party.

 

3)
a) The Corporation will be substituted for the Atomic Energy Corporation as party in any legal proceedings instituted by or against the Atomic Energy Corporation before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power, function or duty of the Atomic Energy Corporation in terms of, or purportedly in terms of, the previous Act or from its business or operations thereunder, if, on the specified date, the Corporation would have been competent in terms of this Act to exercise or perform such a power, function or duty or to carry on or conduct any business or operations of a nature substantially the same as those relevant in the proceedings.
b) Any legal proceedings founded on a cause of action which arose before the specified date, relates to or arises from the exercise or performance of any power, function or duty or the Atomic Energy Corporation in terms of the previous Act or from its business and operations thereunder and which is brought after the specified date, must be instituted by or against the Corporation if, on the specified date, the Corporation would have been competent in terms of this Act to exercise or perform such a power, function or duty or to carry on or conduct any business or operations of a nature substantially the same as those relevant to the proceedings.

 

4)
a) The State, as represented by the Minister, will be substituted for the Atomic Energy Corporation in-
i) any contract or agreement entered into by the Atomic Energy Corporation before the specified date and still pending on that date, in any case where subsection (1) does not apply;
ii) any legal proceedings instituted by or against the Atomic Energy Corporation before the specified date and still pending on that date, where the legal proceedings are founded on a cause of action relating to or arising from the exercise or performance of any power, function or duty or the carrying on or conducting of any business or operations of the Atomic Energy Corporation, in any case where subsection (3)(a) does not apply.
iii) Any legal proceedings founded on such a cause of action that arose before the specified date and which are brought after the specified date, must be instituted by or against the State, as represented by the Minister, in any case where subsection (3)(b) does not apply.
iv) The Minister will-
i) take over from the Atomic Energy Corporation, with effect from the specified date, the responsibility for all projects and work commenced before the specified date but not yet completed by that date, in any case where subsection (2)(a) does not apply.
ii) be competent to continue with and carry out those projects and that work, subject to the provisions of this Act and any agreement referred to in subsection (2)(b).