BILL
To establish a Social Relief Fund aimed at rendering relief and assistance to persons and organisations; to provide for the objects and duties of the Fund and the composition of the Board of the Fund; to regulate the control of the collection of contributions from the public; to provide for the declaration of certain occurrences as disasters; to regulate the Fund's financial affairs and staff matters; and to provide for matters connected therewith
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
Definitions
1.(1) In this Act, unless the content indicates otherwise –
"asylum seeker" means a person who is seeking recognition as a refugee in the Republic in terms of the Refugees Act, 1998 (Act No. 130 of 1998);
"Board" means the board established in terms of section 3;
"collect" in relation to contributions, means in any manner whatsoever soliciting, accepting, collecting or obtaining contributions from the public or attempting so to collect or obtain;
(iv) "constitution" means the written provisions in terms of which an organisation is
constituted and managed;
"contributions" means the giving or granting of movable or immovable property, including money, or anything that can be exchanged for or converted into money, to the Fund for the achievement of its objects;
"Department" means the Department of Social Development in the national sphere of government;
"Director-General" means the Director-General of the Department;
"disaster" means a progressive or sudden, widespread or localised natural or human-caused occurrence which -
causes or threatens to cause –
death, injury or disease;
damage to property, infrastructure or the environment; or
disruption of the life of a community; and
is of a magnitude that exceeds the ability of those affected by the occurrence to cope with its effects using only their own resources;
"event" means a disaster, an act of terrorism or political violence;
"financial statements" means the financial statements referred to in section 14;
"financial year" means the period from 1 April in any year to 31 March in the next year;
"Fund" means the Social Relief Fund established by section 2;
"management" means the committee or other body of an organisation designated or appointed by or in terms of the constitution of the said organisation and by which the affairs of such organisation are managed;
"Minister" means the Minister of Social Development in the national sphere of government;
"organisation" includes any body, group or association of persons, any institution, federation, society, movement, trust or fund, incorporated or unincorporated, and whether or not it has been established or registered in accordance with any law;
"permission" means the permission referred to in section 11;
"persons" for purposes of this Act, means persons who suffer damage or loss caused by a disaster, or asylum seekers or refugees in need of social relief, or victims of terrorism or victims of political violence, and includes the dependents of such persons;
"political violence" means the exercise of physical force with the intention of intimidating the public for political purposes and which causes injury to persons or damage to property;
"prescribed" means prescribed by regulation;
"refugee" means any person who has been granted asylum in terms of the Refugees Act, 1998 (Act No. 130 of 1998);
"regulations" means the regulations made under section 17 of the Act;
"social relief" means the provision of assistance including financial assistance, but excluding compensation, to persons and organisations within a period of six months from the date of the event referred to in section 4, and includes assistance to asylum seekers and refugees and to organisations assisting such asylum seekers and refugees;
"terrorism" means –
political violence geared at overthrowing or endangering the State, achieving or bringing about political, constitutional or economic change or inducing or compelling the State to do or to refrain from doing any act;
and in so doing-
causes death or serious bodily harm to a person;
endangers a person's life;
causes a serious risk to the health or safety of the public or any segment of the public;
causes property damage, whether to public or private property; or
causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, including, but not limited to: an information system; or a telecommunications system, or a financial system; or a system used for the delivery of essential government services; or a system used for, or by an essential public utility; or a system used for or by, a transport system, other than as a result of lawful advocacy, protest, dissent or stoppage of work that does not involve an activity that is intended to result in the conduct or harm referred to in any of subparagraphs (i) to (iii);
creates general insurrection in a State,
but, for greater certainty, does not include action by armed forces in accordance with international law;
and includes any conspiracy, incitement or attempt to commit any of the abovementioned acts;
"this Act" includes the regulations, and
"victim" means any person who has been killed or any person or organisation who has suffered injury or loss of property as a result of political violence or terrorism committed against him or her or the said organisation.
For the purposes of this Act, any contributions solicited, accepted or obtained from any person or organisation being outside the Republic, is deemed to have been collected from the public in the Republic.
Establishment of Social Relief Fund
A juristic person to be known as the Social Relief Fund is established.
Composition and appointment of Board of Social Relief Fund
3.(1) The Social Relief Fund acts through a Board which is the accounting authority of the Fund and which consist of 11 members appointed by the Minister, of whom-
one must be a representative from either the office of the Minister, the Department or the Heads of Social Development;
one must be a representative from the Department of Provincial and Local Government; and
nine must be persons who have knowledge or experience of either social relief, disaster relief, refugee matters, terrorism or political violence.
In appointing members to the Board, the Minister must ensure that the Board represents a broad cross-section of the population of South Africa and comprises of persons who reflect South African society with special attention to race, gender, disability and geographical spread.
The members referred to in subsection (1)(c ) must be nominated by the public.
For the purpose of nominations of members referred to in subsection (1)( c), the Minister must invite such nominations by notice in the Gazette, by publication in at least two national newspapers and, may invite such nominations through any other media.
The Minister must by notice in the Gazette within 30 days after the appointment of such members publish the names of the members of the Board and the date of commencement of their period of office.
Objects of Fund
4. The object of the Social Relief Fund is, with due regard to the financial position of
the Fund -
to provide such social relief as the Board may deem fair and reasonable to persons and organisations who or which suffer damage or loss caused by a disaster;
to provide such social relief as the Board may deem fair and reasonable to asylum seekers and refugees who in the opinion of the Board are in need of social relief and to organisations assisting such asylum seekers or refugees;
to provide such social relief as the Board may deem fair and reasonable to –
the victims of any act of terrorism in respect of their medical treatment and rehabilitation;
such victims and their dependants who suffer financial hardship or financial distress caused directly or indirectly by any act of terrorism; and
organisations assisting such victims;
to provide such social relief as the Board may deem fair and reasonable to –
the victims of political violence; or
organisations that in the opinion of the Board are capable of rendering assistance to such victims.
Duties of Fund
5.(1) The Fund may exercise such powers and must perform such functions as may be conferred or imposed upon it by this Act, and may exercise such other powers as may be necessary or expedient for or incidental to the achievement of its objects.
(2) The Fund may, in order to enable it to achieve its objects, collect contributions, and may control the collection of contributions by other persons, organisations and bodies for the said objects.
The Fund may:-
grant permission in writing to any person or organisation to collect contributions for
the objects of the Fund;
undertake such investigations into any matter relating to its objects as it may deem
necessary;
purchase or otherwise acquire, hold alienate or hypothecate any movable property
and, with the consent of the Minister acting with the concurrence of the Minister of
Finance, any immovable property;
hire or let movable or immovable property;
enter into any agreement relating to its objects on such terms and conditions as it
may deem fit; and
(f) advise the Minister on proposals for new or amended social relief legislation.
Qualifications of members of Board, term of office, vacation of office, filling of vacancies and allowances and disbursements to members of Board.
6.(1) A person may not be appointed as a member of the Board if he or she-
is not permanently resident in the Republic; has been convicted of a criminal offence, whether in the Republic or elsewhere, and was sentenced to imprisonment without the option of a fine, unless it has been established that such a person was granted amnesty in respect of an offence of which he or she was convicted and such an offence was politically motivated; and
has been disqualified under any law from practising his or her profession.
The members of the Board hold office for a period of three years with effect from the date of their appointment.
A member of the Board is eligible for reappointment but may not serve as member of the Board for more than two consecutive terms.
A member of the Board must vacate office if –
the Minister, on the recommendation of the Board, terminates the member’s office for reasons which are just and fair;
the member is convicted of an offence of which dishonesty is an element;
the member is absent from three or more meetings in one calendar year without an apology and the Board’s permission;
the member resigns after giving at least 30 days notice in writing of the resignation to the chairperson;
the member is disqualified under any law from practicing his or her profession; or
the member ceases to be permanently resident in the Republic.
If there is a vacancy on the Board the Minister may, despite the provisions of section 3(3) and (4), after consultation with the Board, appoint a person who meets the criteria referred to in section 3(2), to fill the vacancy.
A person who has been appointed to fill a vacancy on the Board is regarded as having served the full term of three years for which the Board was constituted.
A member of the Board, excluding a member who is in the employ of the State, must be paid allowances and disbursements as may be determined by the Minister in consultation with the Minister of Finance.
Chairperson and vice-chairperson
7.(1) Before the first meeting of a newly constituted Board the Minister must appoint a chairperson, and at that first meeting the members of the Board must elect from among themselves the vice-chairperson.
(2) (a) If the office of the chairperson or vice-chairperson becomes vacant, the Minister or the members of the Board, as the case may be, must, at the first meeting after such vacancy occurred, appoint a new chairperson or elect from among themselves a new vice-chairperson, as the case may be.
The chairperson or vice-chairperson holds office for the unexpired portion of the period of office of his or her predecessor.
The chairperson or vice-chairperson of the Board may vacate his or her office without terminating his or her membership of the Board, in which case such a vacancy must be filled in terms of subsection (2)(a).
Meetings of Board
8.(1) The Board must meet for the first time at a place determined by the Minister and thereafter at a time and place determined by the chairperson, or if he or she is absent, the vice-chairperson.
(a) When the chairperson is absent or unable to perform his or her functions, the vice-chairperson must act as chairperson.
(b) If both the chairperson and vice-chairperson are absent from a meeting or unable to perform their functions, the members present must elect a person from among themselves to preside at that meeting.
The Board determines the procedure for calling meetings and the procedures to be followed at meetings.
Six members of the Board constitute a quorum for a meeting of the Board.
The Board must hold at least four meetings each year.
(a) The Board may hold such special meetings as the Board may, from time to time, determine.
(b) The chairperson may at any time convene a special meeting of the Board, but must convene such special meeting at the written request of the Minister or of at least six members of the Board.
A decision or recommendation taken by the Board, or an action taken on authority of such decision or recommendation, is not invalid merely because –
of a casual vacancy in the Board; or
a person who was entitled to sit as a member of the Board did not sit when the decision was taken.
If a member of the Board has, in relation to any matter to be considered at a meeting of the Board, any interest which precludes that member from acting in a fair, unbiased and proper manner in respect of his or her membership of the Board, the member may not-
vote or in any other manner participate in that meeting of the Board.
be present at the venue where the meeting is held.
(a) If, during the course of any proceedings of the Board, there is reason to believe that a member has any interest contemplated in subsection (8), that member must immediately fully disclose the nature of his or her interest and leave the meeting in question so as to enable the remaining members to discuss the matter and determine whether or not that member should be allowed to participate in the proceedings.
(b) The disclosure, and the decision taken by the remaining members, must be recorded in the minutes of the proceedings in question.
Executive committee
9.(1) There is an executive committee of the Board consisting of –
the chairperson;
the vice-chairperson; and
three other members of the Board designated by the Board.
(2) The executive committee must meet for the first time at a place and on a date determined by the chairperson and thereafter at a time and place determined by the majority of the members of the executive committee.
(3)(a) Subject to the provisions of this Act and the directions of the board, the executive committee may perform any duty of the Fund.
(b) The provisions of paragraph (a) do not empower the executive committee to set aside or amend any decision of the Board.
(c ) Any decision taken or act performed by, or on the authority of, the executive committee is of full force and effect, unless it is set aside or amended by the Board at its first meeting following the meeting of the executive committee at which such decision was taken or such action was authorised.
(4) The quorum for, and the procedure at, meetings of the executive committee must be as prescribed.
(5) The executive committee can meet as often as is necessary for the achievement of the objects of the Fund.
Other committees
10.(1)(a) The Board may, with the approval of the Minister, from time to time, establish in the prescribed manner such other committees as it may deem necessary, to assist it in the performance of its functions or for the achievement of its objects;
(b) Such committees may include persons not serving on the Board.
(2) (a) A committee must exercise such powers or perform such duties as may, from time to time, be conferred or imposed upon it by the Board.
(b) The Board is not divested of any power or duty conferred or imposed upon a
committee.
(c ) The Board may designate a member of a committee as the chairperson of such committee, and if no member is so designated, the members of such committee may elect a chairperson from among themselves.
(d) The quorum for a meeting of a committee is the majority of its members and
the procedure at a meeting of a committee must be as determined by the Board.
(3) Should the Board establish a committee to consider a particular matter, the committee must, as far as possible, give directly affected groups the opportunity to comment on such matter, and submit a report to the Board who must transmit that report to the Minister.
(4) Any committee established by the Board in terms of subsection (1) may be dissolved by a decision of the Board.
Collection of contributions for or on behalf of Fund
11.(1) Any person or organisation who, for remuneration, is commissioned by the Fund to collect contributions for or on behalf of the Fund, must have in his or her or their possession a document in which the permission granted by the Fund and the conditions subject to which and the remuneration for which the collection takes place, is set out.
(2) The permission referred to in subsection (1) lapses –
on the expiry of the period for which it was granted; or
if it is withdrawn.
Disposal of assets and documents of persons and organisations collecting contributions
12.(1) If an organisation discontinues its activities or is dissolved in terms of the provisions of its constitution or if the permission granted to it has lapsed or has been withdrawn in terms of this Act, the management of such organisation must –
within the prescribed period submit to the Board the prescribed returns, statements, a liquidation and distribution account and such other information as may be required by the Board; deliver, within the period specified by the Board, to the Board all the records and documents relating to the collection and disbursement of contributions for or on behalf of the Board and which are in its possession or under its control; immediately deliver or transfer to the Board the assets shown in the liquidation and distribution account as available for distribution.
A liquidation and distribution account referred to in subsection (1) must lie for inspection of the public for the prescribed period at the office of the Board.
The provisions of subsections (1) and (2) apply in the same manner in respect of a person if such person has discontinued his or her activities or if the permission granted to him or her in terms of section 11, has lapsed or has been withdrawn in terms of this Act.
Declaration of certain occurrences to be disasters
13.(1) If at any time in the opinion of the President it appears that serious material damage or loss or distress has occurred or is likely to occur as a result of a sudden or disastrous occurrence in a particular area in the Republic, and that the relief of the loss or distress of the persons who are or will be affected thereby is likely to be supported by the public generally or by any particular section of the public, he or she may by proclamation in the Gazette declare such occurrence for the purposes of this Act to be a disaster.
The President may at any time withdraw or amend any proclamation referred to in subsection (1).
Financing, audit and annual report
14.(1) The funds of the Social Relief Fund consist of –
money appropriated by Parliament;
contributions collected from the public;
donations and contributions lawfully received from any source;
any money vested in the Fund in terms of subsection (2).
The funds generally known as –
the Disaster Relief Fund;
the State President’s Fund
the Social Relief Fund;
the South African Defence Force Fund; and
the Refugee Relief Fund;
cease to exist, as from the commencement of this Act and all amounts credited to any such fund immediately before such commencement, vest as from such commencement in the Social Relief Fund, and as from such commencement all liabilities and rights existing as well as accruing, of the funds referred to in paragraphs (a), (b), (c), (d) and (e) devolve upon the Social Relief Fund.
The Fund must apply the moneys in the Fund to the achievement of its objects and to the defrayal of the costs in connection with the performance of its functions.
The Fund must deposit all the moneys received by it in an account, which it must open with a banking institution registered in terms of the Banks Act, 1990 (Act No. 94 of 1990).
The Fund must keep the prescribed accounts, records and registers of all its financial transactions, and must furnish the Minister with the prescribed reports and financial statements.
The accounts, records, registers and financial statements of the Fund must be audited by the Auditor-General.
The Fund may from time to time invest with the Public Investment Commissioners or in such other manner as the Minister may, with the concurrence of the Minister of Finance, determine, all moneys which are not required for immediate use or as a reasonable working balance.
The Fund must table a report on its activities during a financial year in Parliament within three months after the end of that financial year.
The report must –
include a balance sheet and a statement of income and expenditure certified by the Auditor-General; and
state the extent to which the Fund has achieved or advanced its objects referred to in section 4.
(10) The provisions of the Public Finance Management Act, 1999 (Act No. 1 of 1999), in so far as they relate to the duties and responsibilities of accounting authorities apply to the Board.
Chief executive officer of Fund and other staff
15.(1) The Board must appoint a chief executive officer for the Fund who must -
manage the affairs of the Fund and report on those affairs to the Board as often as the Board requires;
account to the Board for all money received by the Fund, the utilisation of such money and the assets of the Fund; and
perform such duties of the Fund as it, through the Board, delegates to the chief executive officer in terms of section 16(2).
The Board must appoint a treasurer who must –
open such accounts as he or she deems necessary, into which he or she must pay the moneys contemplated in section 14(1) accruing to the Fund; and
report to the Minister every six months on the activities and the balance of the Fund.
The Fund must enter into a written performance contract with the chief executive officer and with the treasurer relating to the performance of their duties in terms of this Act.
The Fund and the chief executive officer and the Fund and the treasurer may in writing amend the performance contract from time to time.
The chief executive officer and the treasurer are appointed –
for such period, but not exceeding five years, as the Board determines; and
subject to such conditions as the Board, subject to subsection (7), determines.
On such conditions as the Board, subject to subsection (7), determines, the chief executive officer must, in consultation with the Board, appoint such employees as are necessary to enable the Board to perform its duties.
The Fund must pay to its chief executive officer, treasurer and other employees out of its funds such remuneration, allowances, subsidies and other benefits as the Minister, in consultation with the Minister of Finance, determines.
Delegation
16.(1) The Minister may delegate to the Director-General-
any power conferred on the Minister by this Act, except the power, in terms of section 17, to make regulations;
any duty imposed on the Minister by this Act, except any duty regarding the appointment, and termination of office, of the members of the Board contemplated in sections 3 and 6.
The Board may delegate to the executive committee referred to in section 9(1) or the chief executive officer any power or duty conferred or imposed on the Board by this Act.
The chief executive officer may delegate to any employee of the Fund any power or duty conferred or imposed on that officer by this Act.
Any power or duty delegated in terms of subsection (1), (2) or (3) must be exercised or performed subject to such conditions as the person or body that made the delegation considers necessary.
Any delegation in terms of subsection (1), (2) or (3)-
must be in writing;
does not prohibit the person or body that made the delegation from exercising that power or performing that duty;
may at any time be withdrawn or amended in writing by that person or body.
Regulations
The Minister may, after consultation with the Board and by notice in the Gazette, make regulations which –
may or must be prescribed in terms of this Act;
are necessary for the effective administration of this Act.
Offences and penalties
18. Any person or organisation who contravenes any provision of section 11 or 12 is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
Repeal of laws and savings
19.(1) The Fund-raising Act, 1978 (Act No. 107 of 1978), is repealed in so far as is unrepealed.
Anything done or deemed to have been done under any provision of an Act repealed by subsection (1) and which may be done under any provision of this Act, is deemed to have been done under the last-mentioned provision, and any matter which has commenced under a provision so repealed, must be disposed of as if the provision concerned was not repealed.
Short title and commencement
20.(1) This Act is called the Social Relief Fund Act, 2003 and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
Different dates may be so fixed in respect of different provisions of this Act.
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