Section 23, The Road Maintenance Fund Administration Act, 2010.

(1) Subject to this section, the Minister shall by statutoryinstrument and on such conditions as the Minister may determine, transfer to the Administration with effect from a date determined by him, the assets, liabilities,, rights or obligations, which relate to or are connected with the funding of roads forming part of the core road network as may, in the opinion of the Minister, be required by the (2) The Minister may, after consultation with the Administration– (a) subject to the consent of the creditor concerned and such conditions as the Minister, after consultation with the Administration, and the creditor may agree on, assign to the Administration, any obligation of the Government or the Authority arising out of an existing agreement between the Government or the Authority and the creditor in connection with any loan obtained by the Government or the Authority before the coming into operation of this Act for any purpose related to the management of the core road network; (b) subject to the consent of the donor concerned and such conditions as the Minister after consultation with the Administration and the creditor may agree on, assign to the Administration, any obligation of the Government or the 12 13 Performance agreement. Delegation of powers. Assignment of assets and liabilities. Act No. 5 of 2007. No. 3 Road Maintenance Fund Administration Act 2010No. 3 Road Maintenance Fund Administration Act 2010 Authority arising out of any existing conditions stipulated by the donor in connection with any donation or grant made to the Government or the Authority before the coming into operation of this Act for any purpose related to the management of the core road network. (3) Notwithstanding any enactment to the contrary, the Administration shall, with effect from the transfer date, be vested with the ownership of the assets and rights and be charged with the liabilities and obligations transferred or assigned to it under subsections (1) and (2) . (4) A certificate issued by the Minister in which it is stated that any public land or lease or any other asset or right described in the certificate has been transferred to the Administration in terms of subsection (1) shall be sufficient proof that the asset or lease so described vests in the Administration. (5) Upon the submission of the certificate to the Registrar of Deeds or to any other person in charge of any other office where a register or a record is being kept, of the ownership of or entitlement to an asset or right described in the certificate, the Registrar or the person shall make entries in or on any relevant register, title deed or other document in his office or submitted to him as may be necessary to effect the transfer in the name of the Administration. (6) The Administration shall be substituted for the Government or the Authority as a contracting party in respect of any agreement transferred to the Administration in terms of subsection (1), without that substitution bringing about a novation of that agreement. (7) The value of assets and liabilities transferred to the Administration in terms of subsection (1) shall be determined by the Minister. (8) Notwithstanding any enactment to the contrary, no stamp duties, transfer duties or registration fees, or any other duty, fee, tax or levy payable in terms of any enactment for acquisition or transfer of assets or rights shall be payable in respect of the transfer of assets or rights by the Government or the Authority to the Administration in terms of subsection (1)