CHAPTER 29:06

DISTRICT DEVELOPMENT FUND ACT

Acts 58/1981, 8/1988, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. District Development Fund.
4. Assets, liabilities, income and expenditure of Fund.
5. Development areas.
6. Application of Fund.
7. Estimates of expenditure.
8. Limits on expenditure from Fund.
9. Minister may borrow money.
10. Holding of Fund and advances from Fund.
11. Financial year.
12. Books of account and audit.
13. Power of surcharge.
14. Appeals against surcharge.
15. Recovery of surcharge.
16. Loss, destruction of or damage to property of Fund.
17. Minister may impose fees.
18. Assignment of powers, duties and functions of Minister.

AN ACT to provide for the control and application of a fund to be used for the purpose of developing Communal Land and such other areas as may be declared by the Minister; to provide for the raising of revenue for such fund; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st January, 1982.]

1    Short title

This Act may be cited as the District Development Fund Act [Chapter 29:06].

                       2    Interpretation

In this Act—

“development area” means an area declared to be a development area in terms of section five; “fixed date” means the 1st January, 1982;

“Fund” means the District Development Fund referred to in subsection (1) of section three;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“produce” means—

• any kind of livestock or poultry; and
• any crops or horticultural products; and
• the produce of any kind of husbandry of livestock or poultry, including the carcasses, hides or wool of animals, bacon, cheese, butter or other dairy produce and eggs;

“repealed Act” means the African Development Fund Act [Chapter 232 of 1974];

“Secretary” means the Secretary of the Ministry for which the Minister is responsible; “surcharge” means a surcharge raised in terms of subsection (1) of section thirteen.

                       3    District Development Fund

• The fund established in terms of section 3 of the repealed Act shall, on and after the fixed date, continue in existence and shall be known as the District Development Fund.
• The trustee of the Fund shall be the Minister, in whom the Fund shall be vested and who shall, subject to this Act, have the sole management, control and use of the Fund.
• Subject to this Act, the objects to which the Fund may be applied shall be the development of Communal Land and development areas.

                       4    Assets, liabilities, income and expenditure of Fund

(1) The Fund shall consist of—

• money appropriated for the purpose by Act of Parliament as a grant to the Fund; and
• any gifts or grants made to the Fund by any person or authority or by the government of any country; and
• any fees imposed by the Minister in terms of section seventeen; and
• payments made in terms of section 188 of the Mines and Minerals Act [Chapter 21:05] by the holders of registered mining locations situated on Communal Land; and
• levies paid in terms of section 232 of the Mines and Minerals Act [Chapter 21:05] in respect of Communal Land; and
• any levies imposed in terms of regulations referred to in subsection (2) of section nineteen; and
• any interest or increase in value derived from the holding of money or any assets of the Fund in any form whatsoever; and
• any revenue, other than revenue referred to in paragraphs (a) to (g), pertaining to the Fund; and
• all money and other assets which, immediately before the fixed date, pertained to the general and special accounts of the fund established in terms of section 3 of the repealed Act.

(2) The following expenditure, losses and liabilities shall be charged to and discharged from the Fund— (a) any expenditure incurred by the Minister in terms of this Act;