AUDIT OF STATUTES

2004

GUIDE TO PARLIAMENT’S OBLIGATIONS UNDER THE CONSTITUTION AND LEGISLATION

COMMISSIONED BY: NA TABLE

FOREWORD

A range of functions and duties are assigned to Parliament in the Constitution but also in many other laws that have been placed on the Statute Book over the years.

In order to get an overview of these responsibilities and to ensure that they are effectively attended to, it has become necessary to obtain an audit of all such statutory provisions.

With this in view, Prof Christina Murray and Karla Saller of the Democratic Governance and Rights Unit of the Department of Public Law, University of Cape Town, were contracted to conduct an electronic scan of all statutes to identify all provisions that assign specific functions to Parliament or any of its forums. Key words used in the search included Parliament, National Assembly, National Council of Provinces, Senate, Speaker of the National Assembly, Chairperson of the National Council of Provinces, parliamentary committees and members of Parliament.

Having identified all relevant provisions, the audit further required that the information obtained be categorised and arranged according to the type of function and be accompanied by a brief description and analysis.

The resulting Audit, covering all legislation enacted up to 25 June 2004, is made available both in print and electronically, the actual text of relevant legislative provisions being included in an appendix (Part B).

I have no doubt that this Audit will become a valuable reference work in ensuring the effective functioning of Parliament. Its appearance is particularly valuable at this time while the nature of Parliament’s oversight functions is being explored by a Parliamentary Task Team.

For the Audit to remain of value over time, it will need to be regularly updated. Steps are being taken to ensure that this is done.

My sincere thanks and appreciation to Prof Murray and Ms Saller for having undertaken this groundbreaking work and delivering this comprehensive Audit within the shortest of timeframes.

KASPER HAHNDIEK    
SECRETARY TO THE NATIONAL ASSEMBLY
January 2005

Guide to Parliament’s obligations under the Constitution and legislation

Updated to: 25 June 2004

F

Submitted by 

Prof Christina Murray
Karla Saller

Democratic Governance and Rights Unit of the Department of Public Law, University of Cape Town

INTRODUCTION

This document is intended as a guide to Parliament and sets out obligations of Parliament and its constituent bodies under the Constitution and legislation. The guide is divided into two main parts: the Audit and the Source Document. 

The Audit comprises summaries of the relevant sections that are intended to provide the reader with an overview of the obligation that is imposed. Inspired by section 42 of the Constitution, the Audit has been categorised into four broad headings: law-making, oversight, appointment of office bearers, and forging links with the public. Within each broad heading, there is further categorisation, as set out in the content page. Within each category, the relevant statute title and section heading are listed, followed by a brief summary of the relevant statutory provisions. Frequently, the wording of the statute has been retained but the reader should be aware that the summaries contained in the Audit do not represent a detailed register of the obligation imposed. For this, the reader should turn to the Source Document.

The Source Document contains the comprehensive text of provisions of the various statutes that are referred to in the Audit. Included in the Source Document are also such provisions as are necessary to make sense of the immediate obligation imposed. The Source Document is accessible in two way: electronically or manually. This document lends itself particularly to electronic use. Hyperlinked cross-references in the Audit link the two parts of this guide. By clicking on the name of a statute in the Audit the reader is automatically taken to the relevant source in the Source Document. However, it is also possible to use the guide manually, since the Source Document is alphabetised.

TABLE OF CONTENT

PART 1 – AUDIT OF STATUTES                                                      5

A. Law-making	7

1.	CONSTITUTIONAL PROVISIONS REGARDING LEGISLATION	7

1.1	Express obligations to pass legislation	7
1.2	Discretion to pass specific legislation	13
1.3 References to national legislation that do not expressly impose a duty to legislate	13

B. Oversight	18

1.	STATUTES MANDATING ACTIVE OVERSIGHT	18

2.	OVERSIGHT OF DELEGATED LEGISLATION	18
2.1	Delegated legislation over which Parliament has a say:	18
2.1.1	Delegated legislation that Parliament must approve for it to enter into force.	18
2.1.2.	Delegated legislation which Parliament may disapprove thus invalidating it.	23
2.1.3	Delegated legislation that requires consultation with Parliament	29
2.2	Mere tabling of delegated legislation required	30
2.3	Tabling of guidelines, policy documents, recommendations and other documents	41

3.	PARLIAMENT TO GIVE ITS APPROVAL FOR ACTION TO BE TAKEN	45

4.	ACTIONS OR DECISIONS THAT DO NOT REQUIRE PARLIAMENTARY APPROVAL BUT OVER WHICH PARLIAMENT HAS DISAPPROVAL POWER	53

5.	REPORTS AND OTHER DOCUMENTS ARE RECEIVED BY PARLIAMENT AND PARLIAMENT IS REQUIRED TO ACT IN SOME WAY			57

6.	REPORTS AND OTHER DOCUMENTS MUST BE MERELY TABLED IN PARLIAMENT FOR CONSIDERATION	58
6.1	Reports to be submitted to Parliament	58
6.2	Reports to be submitted to the National Assembly only	82
6.3	Reports to be submitted to the National Council of Provinces only		86
6.4	Reports to be submitted to Parliamentary Committees	87
6.5	Reports that may be tabled	87

7.	CONSULTATION WITH PARLIAMENT	88

C. Appointment, Terms of Office and Removal of Office bearers	89

1.	PARLIAMENT TO PLAY AN ACTIVE ROLE IN PROCEEDINGS	89
1.1	Constitutional provisions and constitutionally mandated legislation	89
1.1.1	Chapter 8: Courts and Administration of Justice	89
1.1.2	Chapter 9: State Institutions supporting Constitutional Democracy	91
1.1.3	Chapter 10: Public Administration	93
1.1.4	Chapter 11:Security Services	94
1.2	Ordinary legislation	95

2.	PARLIAMENT TO BE INFORMED OF APPOINTMENTS AND TERMS OF OFFICE	102

D. Forging links with the Public	103
1.	ADMINISTRATION OF DOCUMENTS	103

PART 2 – SOURCE DOCUMENT: AUDIT OF STATUTES             102

  Part 1:  Audit of Statutes

A. Law-making

1.	CONSTITUTIONAL PROVISIONS REGARDING LEGISLATION
[note:  Acts that give effect to the constitutional provision are listed in square brackets under the relevant provision. This is not to suggest that the constitutional obligation has been exhaustively met. Regulations made in terms of these acts have not been listed.]

1.1	Express obligations to pass legislation

The Constitution of the Republic of South Africa, 1996

Section 3	Citizenship
[SOUTH AFRICAN CITIZENSHIP ACT 88 OF 1995]

National legislation must provide for the acquisition, loss and restoration of citizenship.

Section 9	Equality 
[PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT 4 OF 2000]

National legislation must be enacted to prevent or prohibit unfair discrimination on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

Section 25	Property
[EXTENSION OF SECURITY OF TENURE ACT 62 OF 1997]

Parliament must enact the legislation that ensures that a person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled either to tenure which is legally secure or to comparable redress.

Section 32	Access to information
[PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000]

National legislation must be enacted to give effect to the right to access to information held by the state and information that is held by another person that is required for the exercise of protection of any rights. Such legislation may provide for reasonable measures to alleviate the administrative and financial burden on the state.

Section 33	Just administrative action
[PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000]

National legislation must be enacted to give effect to the right to lawful, reasonable and procedurally fair administrative action as well as the right to written reasons where a person’s rights have been adversely affected by administrative action.  Such legislation must provide for the review of administrative action by a court or an independent and impartial tribunal, must impose a duty on the state to give effect to the rights contained in this section, and must promote efficient administration.

Section 41	Principles of co-operative government and intergovernmental relations
[INTERGOVERNMENTAL FISCAL RELATIONS ACT 97 OF 1997]

An Act of Parliament must provide a framework that ensures effective intergovernmental relations and the settlement of intergovernmental disputes.

Section 46	Composition and election
[ELECTORAL ACT 73 OF 1998]

An Act of Parliament must provide a formula for determining the number of members of the National Assembly.

Section 65	Decisions
[none]

An Act of Parliament, enacted in accordance with section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf in the National Council of Provinces.

Section 155	Establishment of municipalities
[LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT 117 OF 1998]
[LOCAL GOVERNMENT: CROSS-BOUNDARY MUNICIPALITIES ACT 29 OF 2000]

National legislation must define the different types of municipality that may be established, as well as establish criteria determining how different types of municipalities are to be distributed and how their boundaries are to be determined. National legislation must further determine the division of powers and functions among municipalities.

Section 163  Organised local government
[ORGANISED LOCAL GOVERNMENT ACT 52 OF 1997]

An Act of Parliament must provide for the recognition of national and provincial organisations representing municipalities and determine procedures by which local government consults with and participates in the national sphere of government, including the appointment of members of the Financial and Fiscal Commission.

Section 171	Court procedures
[MAGISTRATES' COURTS ACT 32 OF 1944]
[SUPREME COURT ACT 59 OF 1959]

All courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation.

Section 172	 Powers of courts in constitutional matters
[CONSTITUTIONAL COURT COMPLEMENTARY ACT AMENDMENT ACT 79 OF 1997]

National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court.

Section 179  Prosecuting authority
[NATIONAL PROSECUTING AUTHORITY ACT 32 OF 1998]

The national prosecuting authority is structured in terms of an Act of Parliament and consists of the National Director of Public Prosecutions as well as Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament.

National legislation must ensure that the Directors of Public Prosecutions are appropriately qualified and are responsible for prosecutions in specific jurisdictions, subject to the power of the National Director of Public Prosecutions to issue policy directives and to review decisions whether or not to prosecute. National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice. All matters concerning the prosecuting authority that are not expressly dealt with in the Constitution must be determined by national legislation.

Section 186  Composition of Commission
[COMMISSION FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT 19 OF 2002]

National Legislation must prescribe the number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office.

Section 191  Composition of Electoral Commission
[ELECTORAL COMMISSION ACT 51 OF 1996]

The Electoral Commission must be composed of at least three persons. The number of members and their terms of office must be prescribed by national legislation.

Section 192	  Broadcasting Authority
[INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ACT 13 OF 2000]
[BROADCASTING ACT 4 OF 1999]

National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.

Section 195  Basic values and principles governing public administration
[LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT 32 OF 2000, section 50, schedule 2]
[WATER SERVICES ACT 108 OF 1997, section 49, 61]
[PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000]

National legislation must ensure the promotion of the democratic values and principles enshrined in public administration. National legislation must regulate the appointment of persons in the public administration on policy reasons. Legislation regulating public administration may differentiate between different sectors, administrations or institutions and must take into account the nature and functions of different sectors, administrations or institutions of public administration.

Section 196	  Public Service Commission
[PUBLIC SERVICE COMMISSION ACT 46 OF 1997]

In terms of subsection (2) the Public Service Commission must be regulated by national legislation.

Section 197  Public Service
[PUBLIC SERVICE ACT, 1994]

The Public Service, within the Public Administration, must function, and be structured, in terms of national legislation. The terms and conditions of employment in the public service must be regulated by national legislation. Employees are entitled to a fair pension as regulated by national legislation.

Section 204	 Defence civilian secretariat
[DEFENCE ACT 42 OF 2002, Chapter 2]

A civilian secretariat for defence must be established by national legislation.

Section 205	 Police service
[SOUTH AFRICAN POLICE SERVICE ACT 68 OF 1995]

National legislation must establish the powers and functions of the national police service operating on national, provincial and local level and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.

Section 206	 Political responsibility
[SOUTH AFRICAN POLICE SERVICE ACT 68 OF 1995, Chapter 10 and Chapter 12]

National legislation must establish an independent police complaints body which, when it receives a complaint by a provincial executive, investigates alleged misconduct of, or offence committed by, a member of the police. National legislation must also provide a framework for the establishment, powers, functions and control of municipal police services.

Section 208  Police civilian secretariat
[SOUTH AFRICAN POLICE SERVICE ACT 68 OF 1995, Sections 2 and 3]

National legislation must establish a civilian secretariat for the police service.

Section 210  Powers, functions and monitoring
[INTELLIGENCE SERVICES ACT 65 OF 2002]
[INTELLIGENCE SERVICES OVERSIGHT ACT 40 OF 1994]

National legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide for the co-ordination of all intelligence services, and civilian monitoring of the activities of those services.

Section 214	  Equitable shares and allocations of revenue
[annual DIVISION OF REVENUE ACT]

An Act of Parliament must provide for the equitable division of national revenue among the spheres of government, for the determination of each province's equitable share, and any conditional allocations made by national government.

Section 215  National, provincial and municipal budgets
[LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003, Sections 17, 20, 21]

National legislation must prescribe the form of national, provincial and municipal budgets, when national and provincial budgets must be tabled, and that budgets in each sphere of government must show the sources of revenue and the way in which proposed expenditure will comply with national legislation.

Section 216  Treasury control
[PUBLIC FINANCE MANAGEMENT ACT 1 OF 1999, Chapter 2, part 1]

National legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government. 

Section 217	Procurement
[PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 5 OF 2000]

National legislation must provide for a framework in which a procurement policy is implemented that allows for preferential treatment. 

Section 219  Remuneration of persons holding public office
[REMUNERATION OF PUBLIC OFFICE BEARERS ACT 20 OF 1998]
[SOUTH AFRICAN POLICE SERVICE ACT 68 OF 1995, section 11]
[none for last requirement]

An Act of Parliament must establish a framework for determining the salaries, allowances and benefits of members of the National Assembly, permanent delegates to the National Council of Provinces, members of the Cabinet, Deputy Ministers, traditional leaders and members of any councils of traditional leaders and the upper limit of salaries, allowances or benefits of members of provincial legislatures, members of Executive Councils and members of Municipal Councils of the different categories.

National legislation must establish an independent commission to make recommendations concerning the salaries, allowances and benefits referred to above. Parliament must consider the recommendations of the commission in passing the legislation referred to above.

National legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution.

Section 220	 Establishment and functions
[FINANCIAL AND FISCAL COMMISSION ACT 99 OF 1997]

National legislation determines what authorities are to receive recommendations by the Financial and Fiscal Commission, in addition to Parliament and provincial legislatures. The Commission must function in terms of an Act of Parliament.

Section 223	 Establishment
[SOUTH AFRICAN RESERVE BANK ACT 90 OF 1989]

An Act of Parliament must regulate the South African Reserve Bank.

Section 228	 Provincial taxes
[PROVINCIAL TAX REGULATION PROCESS ACT 53 OF 2001, note: this regulates only the process and not the power]

The power of a provincial legislature to impose taxes, levies, duties and surcharges must be regulated in terms of an Act of Parliament.

Section 229  Municipal fiscal powers and functions
[none for first function]
[LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES ACT 6 OF 2004]

When two municipalities' fiscal powers and functions overlap, an appropriate division of those powers and functions must be made in terms of national legislation after organised local government and the Financial and Fiscal Commission have been consulted and any recommendations of the Commission have been considered.

This section also provides that national legislation may regulate the power of a municipality to impose rates on property, surcharges on fees for services provided by or on behalf of the municipality, or other taxes, levies or duties.

Section 236  Funding for political parties
[PUBLIC FUNDING OF REPRESENTED POLITICAL PARTIES ACT 103 OF 1997]

National legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.

1.2	Discretion to pass specific legislation

The Constitution of the Republic of South Africa, 1996

Section 101  Executive decisions
[not one specific law]

National legislation may specify the manner in which, and the extent to which, Proclamations, regulations and other instruments of subordinate legislation must be tabled in Parliament and approved by Parliament.

1.3 References to national legislation that do not expressly impose a duty to legislate

The Constitution of the Republic of South Africa, 1996

Section 6	Languages
[PAN SOUTH AFRICAN LANGUAGE BOARD ACT 59 OF 1995]

A Pan South African Language Board established by national legislation must further and ensure respect for South Africa’s official and non-official languages. 

Section 47	Membership
[CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT 200 OF 1993, Schedule 6, Item 23 as amended by CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA AMENDMENT ACT 2 OF 2003]

Vacancies in the National Assembly must be filled in terms of national legislation.

Section 61	Allocation of delegates
[DETERMINATION OF DELEGATES (NATIONAL COUNCIL OF PROVINCES) ACT 69 OF 1998]

After an election of a provincial legislature, it must determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegates and how many are to be special delegates and appoint the permanent delegates in accordance with the nominations of the parties. It must repeat the action, in terms of the national legislation, if its composition is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature. The national legislation referred to must ensure the participation of minority parties in both the permanent and special delegates' components of the delegation.

Section 62	Permanent delegates
[NATIONAL COUNCIL OF PROVINCES (PERMANENT DELEGATES VACANCIES) ACT 17 OF 1997]

Vacancies among the permanent delegates must be filled in terms of national legislation.

Section 96	Conduct of Cabinet members and Deputy Ministers
[EXECUTIVE MEMBERS' ETHICS ACT 82 OF 1998]

Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

Section 105  Composition and election of provincial legislatures 
[ELECTORAL ACT 73 OF 1998, Schedule 3]

The number of members in a provincial legislature must be determined in terms of a formula prescribed by national legislation.

Section 106  Membership
[CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT 200 OF 1993, Schedule 6, Item 23 as amended by CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA AMENDMENT ACT 2 OF 2003

Vacancies in a provincial legislature must be filled in terms of national legislation.

Section 127  Powers and functions of Premiers
[none]

A Premier may call a referendum in the province in accordance with national legislation.

Section 136  Conduct of members of Executive Councils
[EXECUTIVE MEMBERS' ETHICS ACT 82 OF 1998]

Members of the Executive Council of a province must act in accordance with a code of ethics prescribed by national legislation.

Section 157  Composition and election of Municipal Councils
[LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT 117 OF 1998, Chapter 1, part 1]

National legislation may determine that a Municipal Council consists of members appointed by other Municipal Councils to represent those other Councils or both members ordinarily elected to the Municipal Council through local elections and members appointed by other Municipal Councils. Such legislation must establish a system that allows for parties and interests reflected within the Municipal Council making the appointment, to be fairly represented in the Municipal Council to which the appointment is made.

Unless that legislation is enacted, members of a Municipal Council are elected in accordance with national legislation that provides for proportional representation. If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation.

Section 158  Membership of Municipal Councils
[none]

A person who is not eligible to be a member of a Municipal Council in terms of this section because of his appointment to another state body may be a candidate for the Council, subject to any limits or conditions established by national legislation.

Section 159	 Terms of Municipal Councils 
[LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT 117 OF 1998, Chapter 1, part 1]

The term of a Municipal Council may be no more than five years, as determined by national legislation.

Section 168  Supreme Court of Appeal
[RESTITUTION OF LAND RIGHTS ACT 22 OF 1994, section 37]
[PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT 4 OF 2000, section 23]
[CRIMINAL PROCEDURE ACT 51 OF 1977, section 316]

The Supreme Court of Appeal may decide only appeals, issues connected with appeals, and any other matter that may be referred to it in circumstances defined by an Act of Parliament.

Section 170	 Magistrates' Courts and other courts
[MAGISTRATES' COURTS ACT 32 OF 1944]

Magistrates' Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.

Section 182	  Functions of Public Protector 
[PUBLIC PROTECTOR ACT 23 OF 1994]

The Public Protector has the power, as regulated by national legislation, to investigate any conduct of government bodies, to report on that conduct, and to take appropriate remedial action, and any additional powers and functions prescribed by national legislation.

Section 184	 Functions of South African Human Rights Commission
[HUMAN RIGHTS COMMISSION ACT 54 OF 1994]

The South African Human Rights Commission’s powers, as regulated by national legislation, include the power to investigate and to report on the observance of human rights, to take steps to secure appropriate redress where human rights have been violated, to carry out research, and to educate.

Section 185	  Functions of Commission
[COMMISSION FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES ACT 19 OF 2002]

The primary objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities includes recommending the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa. The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities. The Commission has the additional powers and functions prescribed by national legislation.

Section 187	 Functions of Commission for Gender Equality
[COMMISSION ON GENDER EQUALITY ACT 39 OF 1996]

The power of the Commission for Gender Equality is regulated and prescribed by national legislation.

Section 188	 Functions of Auditor-General
[AUDITOR-GENERAL ACT 12 OF 1995]

In addition to the powers to audit the accounts, financial statements and financial management of all national and provincial state departments and administrations, municipalities and any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General, as well as the power to audit and report on the accounts, financial statements and financial management of any institution that is publicly funded, the Auditor-General has the additional powers and functions prescribed by national legislation.

Section 190	 Functions of Electoral Commission
[ELECTORAL COMMISSION ACT 51 OF 1996]

In addition to the power to manage free and fair elections of all spheres of government in accordance with national legislation, and to declare results of those elections within a period that must be prescribed by national legislation, the Electoral Commission has the additional powers and functions prescribed by national legislation.

Section 196	 Public Service Commission
[PUBLIC SERVICE COMMISSION ACT 46 OF 1997]

In addition to specific powers and functions set out in subsection (4), the Public Service Commission is empowered in subsection (4)(g) to exercise or perform the additional powers or functions prescribed by an Act of Parliament.

In terms of subsection (13), commissioners nominated by a Premier of a province may exercise the powers and perform the functions of the Commission in their provinces as prescribed by national legislation.

Section 207	 Control of police service
[SOUTH AFRICAN POLICE SERVICE ACT 68 OF 1995, chapters 4 and 5]
In terms of subsection (4) provincial commissioners of police are responsible for policing in their respective provinces as prescribed by national legislation.

In terms of subsection (6), a provincial executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, a provincial commissioner, in accordance with national legislation.

Section 218	 Government guarantees
[BORROWING POWERS OF PROVINCIAL GOVERNMENTS ACT
 48 OF 1996]

Government at all levels may guarantee a loan only if the guarantee complies with any conditions set out in national legislation, which has been enacted after recommendations by the Financial and Fiscal Commission have been considered.

Section 221  Appointment and tenure of members
[FINANCIAL AND FISCAL COMMISSION ACT 99 OF 1997]

Members of the Financial and Fiscal Commission are appointed by the President in accordance with a process prescribed by national legislation, which must provide for the participation of the Premiers organised local government. Members serve for a term established in terms of national legislation.

B. Oversight

1.	STATUTES MANDATING ACTIVE OVERSIGHT

Defence Act 42 of 2002

Section 18	Employment of Defence Force

The Act provides that when the Defence Force is employed for certain purposes detailed in the Act, the President or Minister, as the case may be, must inform Parliament promptly and in appropriate detail of, inter alia, the reasons for such employment and the place where the Defence Force is being employed.

The Act provides that Parliament may by resolution within seven days after receiving such information from the President or the Minister confirm any such authorisation of employment or order the amendment, substitution or termination of such authorisation.

Demobilisation Act 99 of 1996

Section 4	Parliamentary Oversight

The Joint Standing Committee of Parliament on Defence shall establish a multiparty subcommittee to oversee the administration and implementation of the demobilisation programme.

Intelligence Services Oversight Act 40 of 1994

The Act establishes the Joint Standing Committee on Intelligence, which must, subject to the Constitution, perform the oversight functions set out in section 3 of the Act.

Promotion of Access to Information Act 2 of 2000

Section 87	Extended periods for dealing with requests during first two years

(3) Parliament must, after a period of 12 months, but within a period of 18 months, after the commencement of this section, review the operation of this section.

2.	OVERSIGHT OF DELEGATED LEGISLATION
2.1	Delegated legislation over which Parliament has a say:
2.1.1	Delegated legislation that Parliament must approve for it to enter into force.

Attorneys Act 53 of 1979

Section 81	Regulations

The Act provides that the Minister may after consultation with  the Chief Justice of South Africa and after consultation with the presidents of the various societies make regulations.

Regulations made under subsection (1) (g) may provide for exemption from the prohibitions contained in the section. No exemption granted permanently shall be cancelled or withdrawn unless such cancellation or withdrawal has been approved by resolution of Parliament.

Commonwealth Relations (Temporary Provision) Act 41 of 1961

Section 2	Proclamations to be tabled in Parliament

This section provides that the Minister charged with the administration of any law in respect of which any proclamation is issued under section one, shall lay copies of such proclamation on the Table in the National Council of Provinces and the National Assembly within fourteen days after the publication thereof if Parliament is in session, or, if Parliament is not in session, within fourteen days after the commencement of its next ensuing session. Every such proclamation shall have the force of law for thirty days only unless approved by resolution by both Houses of Parliament.

Counterfeit Goods Act 37 of 1997

Section 2 of this Act makes it an offence knowingly to deal with counterfeit goods in any way specified in the section.

Section 19	Penalties

This section provides in subsection (1) for fines to be imposed on persons who are guilty of knowingly engaging in certain activities in respect of counterfeit goods. Subsection (4) provides that the Minister may from time to time by notice in the Gazette increase the amounts such fines. That notice must be laid on the table in the National Assembly, for its consideration and approval, within 14 days after the date on which it is published in the Gazette, if the National Assembly is then in session, or, if it is not then in session, within 14 days of the commencement of its next session.

Criminal Procedure Amendment Act 76 of 1997

Section 7	Transitional arrangements

The Act provides that the Rules Board for Courts of Law must revise and, when necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in accordance with the provisions of this Act. Any draft rules must, within three months after the date of the commencement of this Act, be submitted to Parliament. Any amended rules must be approved by Parliament and thereafter be published in the Gazette.

Cross-border Insolvency Act 42 of 2000

Section 2	Scope of application

The section empowers the Minister by notice in the Gazette to designate any State as one to which the Act applies. Such designation may be withdrawn by notice in the Gazette. Any such notice must, before publication in the Gazette, be approved by Parliament.

Currency and Exchanges Act 9 of 1933

Section 9	Regulations regarding currency, banking or the exchanges

This section empowers the State President to make regulations that suspend any law relating to currency, banking or exchanges. The Minister of Finance shall table a copy of every regulation made under this section in both Houses of Parliament within fourteen days after the first publication thereof in the Gazette, if Parliament is in ordinary session during the whole of that period, and if Parliament is not in ordinary session during the whole of that period, then within fourteen days after the beginning of the next ordinary session of Parliament. If the regulation is calculated to raise any revenue, a statement of the estimated revenue for twelve months shall accompany the regulation tabled. Every such regulation calculated to raise any revenue shall have the force of law for a period of thirty days after being tabled, unless before that date it has been approved by resolution of both Houses of Parliament.

Disaster Management Act 57 of 2002

Section 59	Regulations 

The section provides that the Minister may make regulations not inconsistent with this Act. Regulations must be referred to the National Council of Provinces for purposes of section 146(6) of the Constitution which provides that subordinate legislation may only prevail over other legislation in terms of this section if approved by the National Council of Provinces.

Financial Intelligence Centre Act 38 of 2001

Section 3	Amendment of list of accountable institutions

The Act provides that the Minister may, by notice in the Gazette, amend the list of accountable institutions in Schedule 1.

(3) Any addition to or deletion from the list of accountable institutions in Schedule 1 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

Section 75	Amendment of list of supervisory bodies

The Act provides that the Minister may, by notice in the Gazette, amend the list of supervisory bodies in Schedule 2.

(3) Any addition to or deletion from the list of supervisory bodies in Schedule 2 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

Section 76	Amendment of list of reporting institutions

The Act provides that the Minister may, by notice in the Gazette, amend the list of reporting institutions in Schedule 3.

(3) Any addition to or deletion from the list of reporting institutions in Schedule 3 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

Firearms Control Act 60 of 2000

Section 139	Amnesty 

The Act provides that the Minister may, by notice in the Gazette, declare an amnesty. Such notice will be valid only if it is approved by Parliament.

Section 150	Deactivation of firearms

The Act provides that the Minister may, by notice in the Gazette, determine that a certificate of deactivation which is valid in a country other than the Republic is a valid certificate of deactivation in the Republic. Such notice must be approved by Parliament before publication thereof.

Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001

Section 2	Minister may alter area of jurisdiction of any High Court

This section empowers the Minister to alter the territorial jurisdiction of a particular High Court by notice in the Gazette, and to amend or withdraw any such notice. Any such notice must be approved by Parliament before publication thereof in the Gazette.

Promotion of Access to Information Act 2 of 2000

Section 79	Procedure

This section requires the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act 107 of 1985 to make and implement rules of procedure for a court in respect of sections of this Act within 12 months after the commencement of this section. [note: the period ended in March 2002 without rules being made. An amendment to this section is pending.]

(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

Promotion of Administrative Justice Act 3 of 2000

Section 2	Application of Act

The section provides that the Minister may, by notice in the Gazette, exempt an administrative action or a group or class of administrative actions from the application of any of the provisions of section 3, 4 or 5 of the Act or permit an administrator to vary any of the requirements referred to in section 3 (2), 4 (1) (a) to (e), (2) and (3) or 5 (2), in a manner specified in the notice. Any exemption or permission granted in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

Section 10	Regulations

The section provides in subsection (1) that the Minister must make regulations relating to various procedures and a code of good administrative conduct.

The section provides in subsection (2) that the Minister may make regulations relating to, inter alia, the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister.

Regulations made under subsections (1) (a), (b), (c) and (d) and (2) (c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament. Regulations made under subsection (1) (e) and (2) (a) and (b) must, before publication in the Gazette, be approved by Parliament.

Promotion of National Unity and Reconciliation Act 34 of 1995 

Section 35	Limited witness protection programme

The Minister may make regulations providing for a witness protection programme in terms of this section. Until such time as the witness protection programme has been established the President may prescribe interim measures to be followed in order to provide for the protection and the safety of a witness. Any regulations and interim measures made in terms of this section must be tabled in Parliament for approval. 

Protected Disclosures Act 26 of 2000

Section 10	Regulations

The Act provides that the Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employees who wish to report or otherwise remedy an impropriety. These guidelines must be approved by Parliament before publication in the Gazette.

Social Assistance Act 59 of 1992

Section 19	Regulations

(3) If a regulation would have the effect that the total amount of grants to which a person at any time has been entitled in terms of this Act is reduced, without his or her income or assets having increased, such regulation shall not be made without the approval, by resolution, of Parliament.

Treaties of Peace Act 20 of 1948

Section 2	Legislation to give effect to peace treaties

The Act provides that the Governor-General may by proclamation make such regulations as appear to him to be necessary or expedient for carrying out a treaty mentioned in the Act, and for giving effect to its provisions. Any such proclamation must be tabled in both Houses of Parliament.

The Act provides that if both Houses of Parliament have by resolutions passed in the same session approved of any such proclamation, such proclamation shall thereafter be of force and effect to the extent to which it has been so approved, but without prejudice to anything that has been done in terms of such proclamation.

Section 3	Extension of Act to cover other treaties with former enemy powers

The Act provides that whenever a treaty of peace is concluded between the Government of the Union and any power not mentioned in section one…the Governor-General may, after such treaty has been ratified with the prior concurrence of Parliament, provide by proclamation that, save as provided in subsection (2), such treaty shall for the purposes of this Act thereafter be deemed to be included in the definition of the expression 'the Treaties' in section one contained.

2.1.2.	Delegated legislation which Parliament may disapprove thus invalidating it.

Abolition of Racially Based Land Measures Act 108 of 1991

Section 88	Tabling of list of proclamations

A list of proclamations issued by the State President under sections 12 and 87 [note: provisions of section 87 lapsed on 31 December 1994]  shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957, and if Parliament by resolution disapproves of any such proclamation or any provision thereof, such proclamation or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such proclamation or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such proclamation or such provision before it so ceased to be of force and effect.

Application of Resolutions of the Security Council of the United Nations Act 172 of 1993

Section 1 provides that the State President may by proclamation in the Gazette declare that any resolution taken by the Security Council of the United shall apply and be implemented in the Republic.

Section 2	Tabling of proclamations

A proclamation issued under section 1 shall be laid upon the Table in Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957. If Parliament by resolution disapproves any such proclamation or any provision thereof, it shall cease to be of force and effect prospectively only. 

Banks Act 94 of 1990

Section 1	Definitions

Subsection (2) provides that the Minister may by regulation amend the definition of  'deposit' or 'the business of a bank' for the purposes of this Act. Every regulation so made shall be of force and effect unless and until, during the session in which the relevant list has been laid upon the Tables in Parliament in accordance with the provisions of section 17 of the Interpretation Act 33 of 1957, every House of Parliament has by resolution disapproved of the regulation. In that case the regulation shall lapse as from a date to be specified in the resolution, but only with prospective effect.

Basic Conditions of Employment Act 75 of 1997

Section 95	Transitional arrangements and amendment and repeal of laws

The Act provides in subsection 3 that any addition or change to Schedule Three made by the Minister must be tabled in the National Assembly and takes effect if the National Assembly does not pass a resolution that the addition or change is not binding within 14 days of the date of the tabling, and on publication in the Gazette.

Black Administration Act 38 of 1927

Section 26	List of proclamations to be laid before Parliament

A list of proclamations issued by the State President under the authority of this Act shall be laid upon the Tables of both Houses of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act 33 of 1957, and every such proclamation shall be in operation unless and until both Houses of Parliament have, by resolutions passed in the same session, requested the State President to repeal such proclamation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified, as the case may be, by a further proclamation in the Gazette.

Community Development Act 3 of 1966

Section 49	Regulations

The section empowers the Minister to make regulations, which must be laid on the Table of the National Assembly within fourteen days after promulgation thereof if the National Assembly is then in ordinary session, or, if the National Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Table for at least twenty-eight consecutive days, and if the National Assembly is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Table as aforesaid within fourteen days after the commencement of its next ensuing ordinary session.

The National Assembly may by resolution passed in the same session (being a session during which such regulations have been laid on the Table of the National Assembly) disapprove of regulations or any provision thereof. Such regulations or such provision thereof shall then prospectively cease to be of force and effect to the extent to which they are disapproved.

Development Facilitation Act 67 of 1995

Section 3	General principles for land development

The Act provides that the Minister may by notice in the Gazette prescribe principles for land development.

(4) (b) A list of principles prescribed under subsection (2) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such principles or any provision thereof, such principles or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such principles or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles or such provision before it so ceased to be of force and effect.

Section 46	Regulations

The Act provides that the Minister may, subject to the provisions of subsection (3), make regulations.

(3) (b) A list of regulations made under subsection (1) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such regulations or any provision thereof, such regulations or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such regulations or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such regulations or such provision before it so ceased to be of force and effect.

Firearms Control Act 60 of 2000

The Act provides that the Minister may, by notice in the Gazette, declare firearms of a specified type to be a prohibited firearms (s 4); stipulate that specified devices are not to be regarded as firearms (s 5); declare certain firearms to be ‘restricted firearms’ (s 14); prohibit or restrict the use of specified ammunition (s 92; and prohibit or control use of specified firearm parts (s 94).

In each case, the notice remains of effect until withdrawn by the Minister or by resolution of Parliament.

Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996

Section 5	Regulations

The Act provides that the Minister may make regulations.

(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by both Houses of Parliament during the session in which such regulation has been laid upon the Table, be rejected, and if the said regulation or provision is so rejected the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.

Housing Act 107 of 1997

Section 2	General principles applicable to housing development

The Act provides that the Minister may, by notice in the Gazette, prescribe principles for housing development.

A list of such notices must, within 14 days after the publication of any such notice in the Gazette, be submitted to Parliament for approval.

If Parliament disapproves of any principle in such notice or any provision of such principle, such principle or provision ceases to have effect, but without prejudice to the validity of anything done in terms of such principle or provision before it so ceased to have effect, and any right or liability acquired or incurred in terms of such principle or provision before it so ceased to have effect.

International Convention for Safe Containers Act 11 of 1985

Section 3	Regulations

The Act provides that the Minister may make regulations.

(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by the respective Houses of Parliament during the session in which such regulation has been laid upon the Table, be disapproved of, and if the said regulation or provision is so disapproved of by all three Houses of Parliament, the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.

International Health Regulations Act 28 of 1974

Section 3	Promulgation of notices and regulations by Minister of National Health and Population Development

The Act provides that the Minister of National Health and Population Development may make notices and regulations.

(5) Any notice or regulation referred to in subsection (4) or any provision thereof may by resolution passed by both Houses of Parliament during the session in which such notice or regulation has been laid upon the Tables, be disapproved of and thereupon the ordinary rules relating to repeal of legislation as provided for in section 12 (2) of the Interpretation Act 33 of 1957 shall apply.

Joint Administration of Own Affairs Act 147 of 1992

Section 3	Regulation of matters

The State President may by proclamation in the Gazette take measures to regulate or facilitate the joint administration of affairs within one department as contemplated in section 2 of this Act. For this purpose he or she may amend any law, including any Act of Parliament. A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session. If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation it shall lapse to the extent to which it is so disapproved, with prospective effect only.

Marketing of Agricultural Products Act 47 of 1996

Section 1	Definitions

(2)(a) The Minister may by notice in the Gazette declare any product to be an agricultural product for the purposes of this Act, and may amend or repeal any such notice. Every such notice shall be laid upon the table in Parliament and Parliament may thereupon confirm, amend or reject it with prospective effect only.

National Environmental Management Act 107 of 1998

Section 47	Procedure for making regulations

The Act details the procedure for making regulations by the Minister or the MEC. In the case of the Minister, the section provides that regulations must be tabled in both Houses of Parliament, and the National Council of Provinces and the National Assembly may, within certain specified time periods, by resolution reject the regulations.

In terms of subsection 6, if the National Assembly or the National Council of Provinces disapproves of any regulation, the regulation lapses, but without affecting the validity of anything done in terms of the regulation before it lapsed; or a right or privilege acquired or an obligation or liability incurred before it lapsed.

National Forests Act 84 of 1998

Section 54	Procedure for making regulations

The Minister must table regulations in Parliament, together with any written comments and advice received on them, within 30 days after publishing them, if Parliament is not then in session, within 30 days after the next session starts.

Parliament may reject the regulations within 60 days after they have been tabled, in which case the Minister must repeal the regulations or table amended regulations in draft form after following the procedure set out in this section. If Parliament accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance. If Parliament rejects the amended regulations, the Minister may again repeal them or make further amendments in accordance with the section. If the Minister complies with the procedure set out in this section for amending regulations, the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister.

National Veld and Forest Fire Act 101 of 1998

Section 21	Procedure for making regulations

The Minister must table regulations in Parliament, together with any written comments and advice received on them, within 30 days after publishing them, if Parliament is not then in session, within 30 days after the next session starts.

Parliament may reject the regulations within 60 days after they have been tabled, in which case the Minister must repeal the regulations or table amended regulations in draft form after following the procedure set out in this section. If Parliament accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance. If Parliament rejects the amended regulations, the Minister may again repeal them or make further amendments in accordance with the section. If the Minister complies with the procedure set out in this section for amending regulations, the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister.

National Water Act 36 of 1998

Section 70	Consideration of regulations

The Minister must, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces for consideration. Committees must consider the regulations and report to their respective Houses in accordance with subsection (2). The National Council of Provinces may reject regulations so tabled within 14 days, and in that case the rejection must be referred to the National Assembly for consideration. The National Assembly may, not later than the twentieth sitting day of the National Assembly after the date on which the regulations were tabled, and after considering any rejection of a regulation by the National Council of Provinces, reject those regulations.If the National Assembly or the National Council of Provinces rejects any regulations, it must state its reasons. 

Section 71	Rejected regulations

(1) The Minister must, within 30 days after being informed in writing that the National Assembly has rejected any regulations, repeal or amend those regulations so as to address the matters raised by the National Assembly. Any regulations rejected by the National Assembly remain in force until repealed or amended.

Public Service Act 1994 (Proclamation 103 published in Government Gazette 15791 of 3 June 1994)

Section 41	Regulations

(3) (a) A regulation made under this Act shall be in force unless and until Parliament, by resolution, disapproves of the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.

Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

The Act provides that the Minister must, within three months after the fixed date and in consultation with the Cabinet member responsible for policing, issue directives.

The Act provides that the Minister may, upon application and in consultation with the relevant Ministers, exempt any Internet service provider, telecommunication service provider or law enforcement agency from complying with certain sections or from certain prohibited acts. 

The Act provides that such an exemption must be granted by issuing a certificate of exemption. The certificate of exemption must, before publication, be tabled in the National Assembly for approval. The National Assembly may reject such a certificate.

If the National Assembly does not do so, such certificate will be deemed to have been approved by the National Assembly, and the Minister must publish that certificate in within one month thereafter.

Temporary Removal of Restrictions on Economic Activities Act 87 of 1986

Section 1	Power of State President to suspend laws or conditions, limitations or obligations thereunder or to grant exemption from the provisions thereof

The Act provides that the State President may suspend laws, conditions, limitations or obligations in whole or in part.

Section 3	Tabling of proclamations

The Act provides that a copy of any proclamation in terms of section 1 shall, as the case may be, be Tabled in Parliament or in the House in question.

A proclamation or any provision thereof may be annulled by Parliament or by the House in question, as the case may be, by resolution passed during the same session during which it was tabled. An annulled proclamation or provision ceases to be of force and effect from the date on which it was annulled.

The validity of anything done in terms of that proclamation or any provision thereof before the date upon which it so ceased to be of force and effect, and any right, privilege, obligation or liability acquired, accrued or incurred at the said date in terms of such a proclamation or provision thereof is preserved.

Trade Marks Act 194 of 1993

Section 69	Fees, regulations, forms and classification of goods

(3) If Parliament resolves within 30 days after any such tariff or regulation has been laid on the Table thereof in accordance with law, that any item of the tariff or that the regulation be disallowed, such item or regulation shall thereupon become of no effect, without prejudice to the validity of anything done in the meanwhile thereunder or to the power to make a new tariff or regulation.

2.1.3	Delegated legislation that requires consultation with Parliament

Abolition of Lebowa Mineral Trust Act 67 of 2000

Section 5	Regulations

The Act provides that the Minister may, after consultation with the relevant Portfolio Committee of Parliament, make regulations regarding the nature of proof required in terms of section 3 (1) (c).

Nonprofit Organisations Act 71 of 1997

Section 11	Benefits of registration

The Minister may prescribe benefits or allowances applicable to registered nonprofit organisations, after consultation with the committees of the two Houses of  Parliament responsible for welfare and with the concurrence of every Minister whose department is affected by a particular benefit or allowance.

Public Funding of Represented Political Parties Act 103 of 1997

Section 10	Regulations 

(1) The President, acting on the recommendation of a joint committee of the National Assembly and the National Council of Provinces, may by proclamation in the Gazette make regulations consistent with this Act.

Tourism Act 72 of 1993

Section 26	Regulations

The Act provides that the Minister may after consultation with the South African Tourism Board make regulations in respect of any matter which may be dealt with by the Minister in terms of this Act, and in respect of anything which in his opinion may be conducive to the effective application of the provisions of this Act.

The Act provides that the Minister shall, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces or, if Parliament is then not in session, within 30 days after the beginning of the ensuing session of Parliament.

The National Assembly and the National Council of Provinces may, within 30 days of the tabling of the regulations, submit their comments to the Minister.

2.2	Mere tabling of delegated legislation required

Air Services Licensing Act 115 of 1990

Section 29	Regulations

The Act provides that the Minister may, after consultation with the Air Service Licensing Council, make regulations.

(6) Regulations referred to in subsection (1) shall, within 14 days after they have been published under subsection (5), be tabled in Parliament, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the first ensuing ordinary session of Parliament.

Anti-Personnel Mines Prohibition Act 36 of 2003

Section 32	Regulations 

The Act provides that the Minister may, by notice in the Gazette, make regulations regarding anything that may or must be prescribed in terms of the Act, and any administrative or procedural matter which it is necessary to prescribe in order to give effect to the provisions of the Act.

(2) The Minister must cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after publication.

Aviation Act 74 of 1962

Section 3	Power to carry out and apply the Convention and the Transit Agreement

This section empowers the State President to issue proclamations necessary for carrying out the Convention on International Civil Aviation or the International Air Services Transit Agreement and for giving effect thereto. The State President is also empowered to do all things necessary to ratify or cause to be ratified on behalf of the Republic, any amendments of, or additions to, the Convention or the Transit Agreement which may from time to time be made and, by proclamation in the Gazette, declare that the amendments or additions so ratified shall be observed and have the force and effect of law in the Republic. Copies of such amendments or additions must be laid upon the Table of the National Assembly within fourteen days after the publication of the relative proclamation in the Gazette, if the National Assembly is then in ordinary session or, if the National Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Carriage by Air Act 17 of 1946

Section 5	Ratification of amendments of and additions to Convention

The State President may by proclamation in the Gazette declare that an amendments or addition to the Convention be ratified, adhered or acceded by the Republic and shall have the force of law in the Republic: Provided that copies of any amendments or additions so ratified or adhered or acceded to or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing ordinary session.

Constitutional Court Complementary Act 13 of 1995

Section 16	Engaging the Court, rules and saving

The Act provides that the President of the Court may, in consultation with the Chief Justice, by notice in the Gazette make rules relating to the manner in which the Court may be engaged in any matter in respect of which it has jurisdiction, including the matters referred to in section 172 of the Constitution, and all matters relating to the proceedings of and before the Court. 

The Act provides that every rule and every amendment or repeal thereof shall be submitted to Parliament before the promulgation thereof and tabled as soon as possible. 

Contingency Fees Act 66 of 1997

Section 3	Form and content of contingency fees agreement

(1) 	(a) A contingency fees agreement shall be in writing and in the form prescribed by the Minister of Justice, which shall be published in the Gazette, after consultation with the advocates' and attorneys' professions.

	(b) The Minister of Justice shall cause a copy of the form referred to in paragraph (a) to be tabled in Parliament, before such form is put into operation.

Convention on the International Recognition of Rights in Aircraft Act 59 of 1993

Section 2	Application of Convention

(4) The Minister shall lay a copy of every proclamation issued under subsection (2) or (3) upon the Table in Parliament within 14 days after the date of the publication of such proclamation in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Section 14	Regulations

The Act provides that the Minister may make regulations.

(5) After considering the representations referred to in subsection (4), the Minister may, whether or not he has adjusted the regulations in question, promulgate such regulations in their final form.

(6) Regulations referred to in subsection (1) shall be laid upon the Table in Parliament within 14 days after promulgation thereof under subsection (5) if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Correctional Services Act 111 of 1998

Section 134	Regulations

The Act provides that the Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department.

Criminal Procedure Act 51 of 1977

Section 191A	Witness services

The Act provides that the Minister may make regulations.

(5) Any regulation made under this section must, before publication thereof in the Gazette, be submitted to Parliament.

Domestic Violence Act 116 of 1998

Section 19	Regulations

The Act provides that the Minister of Justice may make regulations regarding forms and matters required to be prescribed in terms of the Act. Any such regulation must be submitted to Parliament prior to publication in the Gazette.

Environmental Conservation Act 73 of 1989

Section 24C	Procedure for making regulations 

Before making a regulation regarding financial measures in respect of waste types or regarding particular products the Minister must publish a notice in the Gazette setting out the draft regulations and notify the Presiding Officer of both Houses of Parliament of such publication. The Minister must invite written comments on the draft regulations and must consider the comments.

Financial Intelligence Centre Act 38 of 2001

Section 74	Exemptions for accountable institutions

The Act provides that the Minister may, after consulting the Council and the Centre, and on conditions and for a period determined by the Minister, exempt certain persons and institutions from compliance with any or all of the provisions of the Act.

(2) Any exemption must be tabled in Parliament before being published in the Gazette as required by the section.

Section 77	Regulations

The Act provides that the Minister, after consulting the Council and the Centre, may make, repeal and amend regulations.

(4) The Minister must table regulations, repeals and amendments made under subsection (1) in Parliament before publication in the Gazette.

Immigration Act 13 of 2002

Section 7	Regulation making

The Act provides that the Minister shall have the power to make regulations called for, or conducive to, the implementation of the Act.

(4) Regulations shall be consistent with this Act, and shall not disregard the advice of the Board and public comments in an arbitrary or capricious manner: Provided that any regulation made in terms of this section shall be tabled within 30 days after its promulgation if Parliament is in session and if Parliament is in recess when the regulation is published, within 12 days after the resumption of the session.

International Air Services Act 60 of 1993

Section 43	Regulations

The Act provides that the Minister may, after consultation with the International Air Services Council make regulations. 

(6) Regulations referred to in subsection (1) shall, within 14 days after they were published under subsection (5), be laid upon the Table in Parliament if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

International Convention for Safe Containers Act 11 of 1985

Section 2	Application of Convention 

The State President is empowered amend the Schedule to this Act to give effect to any amendment or addition to the International Convention for Safe Containers by proclamation in the Gazette. The Minister shall lay a copy of every proclamation upon the Table in the respective Houses of Parliament within fourteen days after the date of the publication of the proclamation in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Interpretation Act 33 of 1957

Section 17	List of certain proclamations and notices to be submitted to Parliament and provincial legislatures

When the President, a Minister or the Premier or a member of the Executive Council of a province is by any law authorized to make rules or regulations for any purpose in such law stated, notwithstanding the provisions of any law to the contrary, a list of the proclamations, government notices and provincial notices under which such rules or regulations were published in the Gazette during the period covered in the list, stating in each case the number, date and title of the proclamation, government notice or provincial notice and the number and date of the Gazette in which it was published, shall be submitted to Parliament or the provincial legislature concerned, as the case may be, within fourteen days after the publication of the rules or regulations in the Gazette.

KwaZulu and Natal Joint Services Act 84 of 1990

Section 22	Removal of conflict and administrative problems

This section deals with conflict and administrative problems that may arise from the joining of services in the former KwaZulu territory and Natal and empowers the Minister to make regulations to overcome such problems. A copy of such a regulation shall be laid upon the Table in Parliament or in the Legislative Assembly of KwaZulu by the Minister concerned within 14 days after the publication thereof if Parliament or such Legislative Assembly is then in session or, if Parliament or such Legislative Assembly is then not in session, within 14 days after the commencement of its next ensuing session

Maintenance Act 99 of 1998

Section 44	Regulations

(2) The Minister shall cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after the publication thereof.

Mining Titles Regulation Act 16 of 1967

Section 9	Regulations Board

The Act establishes the Mining Titles Regulations Board with power to make regulations in regard to the matters mentioned in section 10.

(9) No regulation or amendment or repeal of any regulation made by the board shall have effect unless it has been approved by the Minister and published in the Gazette at least one month before the date on which it is expressed to take effect.

(10) Every such regulation, amendment or repeal shall, within fourteen days after it has taken effect, be laid upon the Table in the National Council of Provinces and in the National Assembly by the Minister if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

National Gambling Act 33 of 1985

Section 17	Regulations

The Act provides that the Minister may, after consultation with the National Gaming Board, make regulations. 

(3) Any regulation made under this Act shall be laid on the Table in Parliament within 14 days after the publication thereof in the Gazette if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the next ensuing ordinary session.

National Prosecuting Authority Act 32 of 1998

Section 7	Investigating Directorates

This section provides for the establishment of an Investigating Directorate, to be known as the Directorate of Special Operations. The President may, by proclamation in the Gazette, establish not more than two additional Investigating Directorates in the Office of the National Director. Any proclamation issued in terms of this section must be submitted to Parliament before publication in the Gazette.

Section 40	Regulations

The section provides that the Minister may make regulations which must be submitted to Parliament before publication in the Gazette. 

National Railway Safety Regulator Act 16 of 2002

Section 50	Making of regulations 

The Act provides that the Minister may, after consultation with the board, and by notice in the Gazette, make regulations.

Section 51	Consideration of regulations 

The Minister must, within 30 days after making any regulations in terms of this Act, table the regulations in the National Assembly and the National Council of Provinces.

Non-Proliferation of Weapons of Mass Destruction Act 87 of 1993

Section 27	Entering into and ratification of conventions, treaties and agreements

The Act provides that the State President may, by proclamation in the Gazette, add to this Act any Schedule in which the provisions of an international convention, treaty or agreement with regard to non-proliferation entered into or ratified by the Government of the Republic, are included.

The Act provides that the State President may, by proclamation in the Gazette, amend the Schedule. The Minister shall lay a copy of every such proclamation upon the Table in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Prevention of Organised Crime Act 121 of 1998

Section 77	Regulations

The Act provides that the Minister may make regulations.

(5) Any regulation made under this section shall, before publication thereof in the Gazette, be submitted to Parliament.

Promotion of Access to Information Act 2 of 2000

Section 92	Regulations

(2) Any regulation in terms of subsection (1) must, before publication in the Gazette, be submitted to Parliament.

Promotion of Administrative Justice Act 3 of 2000

Section 10	Regulations

The section provides in subsection (1) that the Minister must make regulations relating to various procedures and a code of good administrative conduct.

The section provides in subsection (2) that the Minister may make regulations relating to, inter alia, the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister.

Regulations made under subsections (1) (a), (b), (c) and (d) and (2) (c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament. Regulations made under subsection (1) (e) and (2) (a) and (b) must, before publication in the Gazette, be approved by Parliament.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Section 30	Regulations

The Act provides that the Minister may, and where required in the circumstances, must, make regulations.

(4) (a) Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.

	(b) If Parliament is not in session as contemplated in paragraph (a), the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.

Protected Disclosures Act 26 of 2000

Section 10	Regulations

The Act provides that the Minister may, after consultation with the Minister for the Public Service and Administration, by notice in the Gazette make regulations which must be submitted to Parliament before publication in the Gazette. 

Public Protector Act 23 of 1994

Section 7	Investigation by Public Protector

(11) The Public Protector may make rules in respect of any matter referred to in this section which has a bearing on an investigation or in respect of any matter incidental thereto, provided that such rules must be published in the Government Gazette and tabled in the National Assembly.

Railways and Harbours Service Act 28 of 1912

Section 86	Confirmation of payment of certain gratuities and benefits

The Act provides that returns of all payments under this section shall be laid upon the Tables of both Houses of Parliament within fourteen days after the commencement of the next ensuing session.

Section 88	Regulations

The Act provides that the Administration may, subject to the approval of the Minister, make regulations, not inconsistent with this Act, with respect to certain matters.

(2) Copies of all such regulations shall be laid upon the Tables of both Houses of Parliament within fourteen days after the publication thereof in the Gazette if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing session.

Recognition of Customary Marriages Act 120 of 1998

Section 11	Regulations

(2) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

Section 9	Interception of communications authorised by certain other Acts

This section allows for the interception of any communication in any prison if it occurs in accordance with regulations made under the Correctional Services Act 111 of 1998. 

In terms of subsection (2), regulations that were made prior to fixed date must be tabled by the responsible Cabinet member within one month after the fixed date, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within one month after the commencement of its next ensuing ordinary session, submit a copy of those regulations to Parliament. Regulations that are made after the fixed date must be submitted to Parliament by the Cabinet member responsible for correctional services before the publication thereof in the Gazette.

Section 31	Compensation payable to postal service provider, telecommunication service provider and decryption key holder

The section provides that the Minister, after consultation with the responsible Cabinet members and the postal service and telecommunications providers, must by notice in the Gazette prescribe forms of assistance and reasonable tariffs.

(4) Any notice issued under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

Revenue Laws Amendment Act 45 of 2003

Section 69

(3) Any arrangement identified by the Minister in terms of section 76A of the Income Tax Act 58 of 1962 [note: to be put into operation by proclamation], must be tabled in Parliament within 12 months from the date of publication of the notice for incorporation into that Act.

Road Traffic Management Corporation Act 20 of 1999

Section 48	Regulations

The Act provides that the Minister may, after consultation with the Shareholders Committee, make regulations.

(4) A regulation must be tabled in Parliament by the Minister within 14 days of its publication or, if Parliament is not then in session, at the commencement of its next ensuing session.

Second Revenue Laws Amendment Act 60 of 2001

Section 63

(2) The provisions contained in the regulations prescribing the circumstances under which the Commissioner may settle any dispute and the reporting requirements, as contemplated in section 107B of the Income Tax Act, 1962, must be tabled in Parliament within a period of 12 months from the date that the regulations come into operation for incorporation into the Income Tax Act, 1962.

Section 134

(2) The provisions contained in the regulations prescribing the circumstances under which the Commissioner may settle any dispute and the reporting requirements, as contemplated in section 93A of the Customs and Excise Act, 1964, must be tabled in Parliament within a period of 12 months from the date that the regulations come into operation for incorporation into the Customs and Excise Act, 1964.

South African Civil Aviation Authority Act 40 of 1998

Section 22	Regulations

The Act provides that the Minister may, subject to subsection (3), make regulations after consulting with the South African Civil Aviation Authority.

(3) Any regulation only comes into operation 30 days after publication in the Gazette; and must be tabled in Parliament by the Minister within 14 days of publication as contemplated in paragraph (a) of this subsection, or, if Parliament is not then in session, at the commencement of its next ensuing session.

Space Affairs Act 84 of 1993

Section 24	Entering into and ratification of conventions, treaties and agreements

The Act provides that the State President may, by proclamation in the Gazette, add to the Act any Schedule in which the provisions of an international convention, treaty or agreement relating to space affairs entered into or ratified by the Government of the Republic, are included.

The Act provides that the State President may, by proclamation in the Gazette, amend the Schedule. The Minister shall lay a copy of every such proclamation upon the Table in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

Section 7	Agency the successor to certain property, assets and liabilities

This section provides that upon incorporation of the National Roads Agency, certain immovable property shall pass to the Agency. The Minister, by notice in the Gazette, may declare that certain movable or immovable property belonging to and under the control of the State for the purposes of the previous Act (National Roads Act 54 of 1971) will pass to and vest in the Agency on the date mentioned in the notice.

(b) The Minister must lay the notice mentioned in paragraph (a) on the table in the National Assembly within 14 days after publication of that notice in the Gazette, if the  National Assembly is sitting then, or, if the National Assembly is not sitting then, within 14 days after the beginning of its next sitting.

Traditional Leadership and Governance Framework Act 41 of 2003

Section 9	Recognition of kings and queens

The Act provides that the President may, by notice in the Gazette, make regulations concerning the traditional or ceremonial role of a king or queen, the responsibilities of a king or queen in respect of nation building, and other functions or roles of a king or queen. These regulations must be tabled in Parliament after their publication in the Gazette.

Transport Deregulation Act 80 of 1988

Section 6	Road transportation agreements with other governments

The Act provides that the State President may by proclamation in the Gazette add to the Act any Schedule setting out the text of any agreement entered into under subsection (1), amend such Schedule so as to reflect any amendment of such an agreement; and repeal such Schedule when the agreement in question has expired or is terminated.

(4) The Minister shall lay a copy of every proclamation issued by the State President under subsection (2), upon the Table in Parliament within 14 days after publication of such proclamation in the Gazette if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Witness Protection Act 112 of 1998

Section 23	Regulations 

The Act provides that the Minister may make regulations.

(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

2.3	Tabling of guidelines, policy documents, recommendations and other documents

Criminal Law Amendment Act 105 of 1997

Section 1	Substitution of sentence of death

To the extent that the Legal Aid Guide provided for in section 3 of the Legal Aid Act 18 of 1969 does not make provision for the granting of legal aid or legal representation in respect of the proceedings to which this section refers, the Legal Aid Board may issue directives in terms of which legal aid or legal representation may be rendered or made available. Before the directives are published in the Gazette as required by this section, they shall be submitted to Parliament and tabled as soon as possible.

Criminal Matters Amendment Act 68 of 1998

Section 7	Savings

To the extent that the Legal Aid Guide provided for in section 3 of the Legal Aid Act 18 of 1969 does not make provision for the granting of legal aid or legal representation in respect of the proceedings to which section 3(a) refers, the Legal Aid Board may issue directives in terms of which legal aid or legal representation may be rendered or made available. Before the directives are published in the Gazette as required by this section, they shall be submitted to Parliament and tabled as soon as possible.

Criminal Procedure Act 51 of 1977

Section 63A	Release or amendment of bail conditions of accused on account of prison conditions

This section empowers the National Director of Public Prosecutions to issue directives regarding mechanisms and procedures to be put in place in relation to the bringing of an application for release of an accused on warning in lieu of bail or the amendment of the bail conditions in terms of this section. Any directives so issued must be submitted to Parliament before they take effect.

Section 105A	Plea and sentence agreements

This section empowers the National Director of Public Prosecutions to issue directives regarding plea and sentence agreements. 

(11) He or she shall submit directives issued under this subsection to Parliament before those directives take effect.

(12) The National Director of Public Prosecutions shall at least once every year submit the records and statistics relating to the application of the section, as well as steps taken against prosecutors who fail to comply with directives, to Parliament.

Criminal Procedure Amendment Act 76 of 1997

Section 4	Savings

To the extent that the Legal Aid Guide provided for in section 3 of the Legal Aid Act 18 of 1969 does not make provision for the granting of legal aid or legal representation in respect of the proceedings to which section 3 refers, the Legal Aid Board may issue directives in terms of which legal aid or legal representation may be rendered or made available. Before the directives are published in the Gazette as required by this section, they shall be submitted to Parliament and tabled as soon as possible.

Debt Collectors Act 114 of 1998

Section 12	Register

The Council for Debt Collectors shall keep a register of the names and prescribed particulars of every debt collector whose application for registration has been approved, or whose registration has been withdrawn or disapproved. The register shall be published in the Gazette annually and submitted to Parliament within 14 days thereafter.

Section 14	Code of conduct 

The Council shall adopt a code of conduct for debt collectors and shall publish such code in the Gazette. The code of conduct, and any amendment thereof, shall be submitted to Parliament within 14 days after publication thereof in the Gazette.

Domestic Violence Act 116 of 1998

Section 18	Application of Act by prosecuting authority and members of South African Police Service

(5)(a) The National Director of Public Prosecutions must submit any prosecution policy and policy directives determined or issued in terms of subsection (2) to Parliament, and the first policy and directives so determined or issued, must be submitted to Parliament within six months of the commencement of this Act.

(5)(b): The National Commissioner of the South African Police Service must submit any national instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued, must be submitted to Parliament within six months of the commencement of this Act.

Higher Education Act 101 of 1997 

Section 3	Determination of higher education policy

This section requires the Minister to table the policy on higher education which he or she has determined.

Section 33	Institutional statutes to be approved or made by Minister

Section 32 empowers a council of a public higher education institution to make an institutional statute, subject to the requirements of section 33. Section 33 requires an institutional statute to be approved by the Minister, and then published by notice in the Gazette. The Minister must table an institutional statute in Parliament as soon as reasonably practicable after it has been published. 

Section 33(2): The Minister must table any institutional statute made by a council of a public higher education institution in terms of section 32 in Parliament as soon as reasonably practicable after it has been published by notice in the Gazette.

Independent Broadcasting Authority Act 153 of 1993

Section 13A	General role and powers of Minister

The Minister may issue policy directions of general application on matters of broad national policy to the Independent Communications Authority of South Africa. Before the policy direction is issued, the Minister must refer the proposed direction for comment to the committees of Parliament appointed for the purpose of considering matters relating to broadcasting.

Section 45	Public broadcasting licences

The Minister must table the findings and recommendation of the Independent Communications Authority relating to the protection and viability of public broadcasting services in the Transitional Executive Council, if it remains in existence, or in the National Assembly, within 14 days of the receipt of the document from the Authority.

Section 49	Limitations on control of commercial broadcasting services

The Minister must table recommendations made by the Authority regarding the amendment of any of the preceding subsections which limit control of commercial broadcasting services.

Section 50	Limitations on cross-media control of commercial broadcasting services

The Minister must table recommendations made by the Authority regarding the amendment of the preceding subsections of this section, which limit cross-media control of commercial broadcasting services.

Independent Commission for the Remuneration of Office-bearers Act 92 of 1997

Section 8	Functions of Commission

This section provides that the Independent Commission for the Remuneration of Public Office-bearers must make recommendations relating to the salary, allowances and benefits of any office-bearer. Such recommendations must be published at least once a year in the Gazette, and must be submitted to Parliament before publication. 

Legal Aid Act 22 of 1969

Section 3A	Legal Aid Guide

The Minister must table the Legal Aid Guide Legal Aid Guide to be tabled in the National Assembly and the National Council of Provinces, and pending such ratification the Legal Aid Guide then in operation shall continue to apply.

Maintenance Act 99 of 1998

Section 4	Maintenance officers

The Minister shall cause a copy of any policy directions issued in terms of this section to be tabled in Parliament as soon as possible after the issue thereof.

National Education Policy Act 27 of 1996

The Act empowers the Minister to determine the national education policy. 

Section 7	Publication of national education policy

The Minister shall within 21 days after determining the national education policy give notice of such determination in the Gazette and indicate where the policy instrument issued with regard thereto may be obtained and shall table the policy in Parliament within 21 days after the notice has appeared in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 21 days after the commencement of the first ensuing ordinary session of Parliament.

National Policy for Health Act 116 of 1990

Section 2	Determination of national policy for health

This section empowers the Minister to determine the national policy to be applied in respect of any matter which in his opinion will promote the health of the inhabitants of the Republic. The Minister shall table the document setting out the policy in Parliament within 21 days after it has been determined if Parliament is then in session or, if Parliament is not then in session, within 21 days after the commencement of its next ensuing session.

Prevention and Combating of Corrupt Activities Act 12 of 2004

Section 34	Duty to report corrupt transactions 

This section provides that any person who holds a position of authority in terms of this section, and who knows or ought reasonably to have known or suspected that any other person has committed particular offences listed in this section, is obliged to report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official. The National Director of Public Prosecutions must, before 27 July 2004, publish directions as to the manner in which such a report is to be taken down. Any such direction must be tabled in Parliament before publication thereof in the Gazette.

Rules Board for Courts of Law Act 107 of 1985

Section 6	Powers of Board

Every rule and every amendment or repeal thereof made by the Rules Board for Courts of Law shall within 14 days after it commenced be laid upon the Table in Parliament if Parliament is then in session, or if it is not then in session, within 14 days after the commencement of its next ensuing session.

South African Civil Aviation Authority Act 40 of 1998

Section 6	Ministerial order

In terms of this section the Minister may issue an order in respect of aviation matters requiring the South African Civil Aviation Authority to do or not to do what is mentioned in the order. The Minister must cause a copy of every such order to be tabled in Parliament within 14 days of issuing of that order, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Technical Colleges Act 104 of 1981

This Act provides for the establishment of technical colleges, and empowers the Minister to grant conditional subsidies to a technical colleges. 

Section 29	Action on failure of technical college to comply with conditions subject to which subsidy has been paid

If a technical college fails to comply with a condition attached to a subsidy, the Minister call upon the technical college to comply with the condition within a fixed period. If the technical college still does not comply with the said condition, the Minister may withhold payment of the whole or any portion of the subsidy, but the Minister must report the matter to the National Assembly together with his reasons for withholding payment, within fourteen days of his having notified the technical college concerned of his intention so to withhold payment, if the National Assembly is then in ordinary session, or, if the National Assembly is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.

3.	PARLIAMENT TO GIVE ITS APPROVAL FOR ACTION TO BE TAKEN
The Constitution of the Republic of South Africa, 1996

Section 37	States of emergency

A state of emergency may be declared only in terms of an Act of Parliament, and only when the life of the nation is threatened and the declaration is necessary to restore peace and order. A declaration of a state of emergency is effective for 21 days unless extended by the National Assembly for three months at a time in terms of this section.

Section 216	Treasury control

The national treasury may stop the transfer of funds to an organ of state, and such a decision may be enforced immediately. The decision will lapse retrospectively unless Parliament approves the decision within 30 days of the decision being taken. Parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, after receiving a report by the Auditor-General and giving the affected province an opportunity to make representations to a committee. 

Section 231	International agreements

An international agreement signed by the national executive binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession.

Armaments Development and Production Act 57 of 1968

The Act provides for the establishment of the Armaments Development and Production Corporation of South Africa, Limited as from a date to be fixed by the State President by proclamation in the Gazette

Section 10	Winding up of corporation

The corporation shall not be wound up except by or under the authority of an Act of Parliament.

Community Development Act 3 of 1966

The Act establishes the Community Development Fund.

Section 15	Objects and general powers of board

(4) No payment, refund, donation or remission exceeding the amount mentioned in the proviso to section 31 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), shall be made or granted by the board under subparagraph (i) of paragraph (c) of subsection (2) except with the approval, by resolution, of the National Assembly, and every payment, refund, donation or remission under that subparagraph shall be reported to Parliament by the Auditor-General.

Corporation for Public Deposits Act 46 of 1984

The Act establishes the Corporation for Public Deposits.

Section 18	Liquidation of corporation

The corporation shall not be liquidated except by or on authority of an Act of Parliament.

Correctional Services Act 8 of 1959

Section 12	Retirement, resignation or discharge correctional officials

If it is in the public interest to retain a correctional official in the service after the age of fifty-eight or sixty, as the case may be in terms of subsections (2) or (3)bis, he may be retained from time to time for periods which shall not exceed three years in the aggregate. After the expiry of the said three years, he may be retained for further periods which shall not exceed in the aggregate two years, but only with the approval, by resolution, of the National Assembly.

Defence Act 44 of 1957

Section 104	Military Discipline Code

(2) (a) The State President may, with the approval by resolution, of Parliament, by proclamation in the Gazette insert any new provision in or amend or repeal any provision of the First Schedule.

Development Bank of Southern Africa Act 13 of 1997

The Act provides for the establishment of the Development Bank of Southern Africa

Section 19	Winding up of Bank

The Bank shall not be wound up except in terms of an Act of Parliament.

Diplomatic Immunities and Privileges Act 37 of 2001

Section 11	Adjustment of loss of revenue to municipalities and statutory public utility organisations

The loss of revenue caused to any municipality or statutory public utility organisation by reason of this Act relating to exemptions from taxation, must be made good to such municipality or organisation out of funds approved by Parliament for that purpose.

Disaster Management Act 57 of 2002

Section 59	Regulations 

The section provides that the Minister may make regulations not inconsistent with this Act. Regulations must be referred to the National Council of Provinces for purposes of section 146 (6) of the Constitution which provides that subordinate legislation may only prevail over other legislation in terms of this section if approved by the National Council of Provinces.

Environmental Conservation Act 73 of 1989

Section 18	Special nature reserves

This section empowers the Minister to declare any area to be a special nature reserve for the purpose of the protection of the environment in or special characteristics of such area. Special requirements apply if the land or water is not owned by the state or under exclusive control of the state. Where the land is so owned or controlled, the declaration of a special nature reserve shall not be withdrawn or the boundaries thereof altered except by resolution of Parliament. 

Expropriation (Establishment of Undertakings) Act 39 of 1951

Section 2	Expropriation and temporary use of land by certain persons

Both Houses of Parliament may, by resolution, declare an undertaking to be one to which this Act applies. In terms of this section, any person who has established or intends to establish such an undertaking, may apply to the Minister in writing and the Minister may grant the right to acquire or take the right to use temporarily land described in the application.

Extradition Act 67 of 1962

Section 2	Extradition agreements

The Act provides that no extradition agreement or designation or any amendment thereof, or revocation of the designation, shall be of any force or effect until the ratification of, or accession to, or amendment or revocation of such agreement or designation has been agreed to by Parliament.

Government Employees Pension Law, 1996 (Proclamation 21 published in Government Gazette 17135 of 19 April 1996)

Section 20	Benefits may not be granted or varied except in accordance with an Act of Parliament

The Act provides that no award of a benefit or any increase thereof and no alteration of any condition or condonation of a breach of any condition upon which such benefit is by law earned or to be earned in respect of a pensioner of the Fund, the Temporary Employees Pension Fund or a previous fund, shall be lawful unless the award, increase, alteration or condonation is authorized by an Act of Parliament.

Government Service Pension Act 57 of 1973

Section 8	Annuities or benefits may not be granted or varied except in accordance with statute

The Act provides that no award of an annuity or other similar benefit or any increase thereof and no alteration of any condition or condonation of a breach of any condition upon which such annuity or benefit is by law earned or to be earned, shall be lawful unless the award, increase, alteration or condonation is specially authorized by Act of Parliament.

Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002

Section 10	Proceedings before competent court after arrest for purposes of surrender

The Act provides that the Rules Board for Courts of Law must, within six months after the date of commencement of this Act, make and implement rules of procedure which provide for the expeditious and urgent finalisation of an appeal contemplated in this section. Any rule made under paragraph (g) must be approved by Parliament.

Section 31	Designation of Republic as State in which sentences of imprisonment can be served 

The Act provides that in order to give effect to paragraphs 1 (a) and (b) of Article 103 of the Statute, the Cabinet member responsible for correctional services, must, as soon as practicable after the commencement of this Act in consultation with the Cabinet and with the approval of Parliament, inform the Court, through the Central Authority, whether the Republic can be placed on the list of States willing to accept sentenced persons, and if so, of the conditions pertaining to such acceptance.

Income Tax Act 58 of 1962

Section 108	Prevention of or relief from, double taxation

The Act provides that the National Executive may enter into an agreement with the government of any other country relating to the prevention of, or relief from, double taxation.

(2) As soon as may be after the approval by Parliament of any such agreement, as contemplated in section 231 of the Constitution, the arrangements thereby made shall be notified by publication in the Gazette and the arrangements so notified shall thereupon have effect as if enacted in this Act.

Independent Broadcasting Authority Act 153 of 1993

The Act recognises the Independent Communications Authority of South Africa, established by section 3 of the Independent Communications Authority of South Africa Act, 2000.

Section 81	Liquidation

The Authority shall not be placed in liquidation except under the authority of and in accordance with an Act of Parliament specially adopted for that purpose.

Industrial Development Act 22 of 1940

The Act provides for the establishment of Industrial Development Corporation.

Section 12	Share capital

The Act provides that the share capital of the corporation shall be ten million rand, which shall be divided into one million ordinary shares of one rand each (referred to as A shares); and nine million ordinary shares of one rand each (referred to as B shares).

The Act provides that the whole of the A and B shares shall be taken up by the Government and that the A shares shall not be transferable by the Government otherwise than by the authority of an Act of Parliament; but the Minister may, as and when he or she thinks fit, sell or otherwise dispose of all or any of the B shares.

Section 20	Winding up of corporation

The corporation shall not be wound up except by or under the authority of an Act by Parliament.

International Cooperation in Criminal Matters Act 75 of 1996

Section 27	President may enter into agreements

The Act provides that the President may on such conditions as he or she may deem fit enter into any agreement with any foreign State for the provision of mutual assistance in criminal matters and may agree to any amendment of such agreement.

The Act provides that the Minister shall as soon as practical after Parliament has agreed to the ratification of, accession to or amendment or revocation of an agreement give notice thereof in the Gazette.

Inventions Development Act 31 of 1962

The Act establishes the Southern African Inventions Development Corporation.

Section 14	Liquidation of corporation

The corporation shall not be wound up except by or under the authority of an Act of Parliament.

Land and Agricultural Development Bank Act 15 of 2002

Section 44	Winding up of Bank

The Bank may not be wound up except by or in terms of an Act of Parliament.

Legal Succession of the South African Transport Services Act 9 of 1989

The Act provides that the Minister shall take the necessary action for the formation and incorporation of a public company of which the State will be the only member and shareholder.

Section 29	Liquidation

For as long as the State is a shareholder of the Corporation, the Corporation shall be liquidated or placed under judicial management only on the authority of an Act of Parliament.

Local Government: Municipal Structures Act 117 of 1998

Section 34	Dissolution of municipal councils

The Act provides that the MEC for local government in a province may, by notice in the Provincial Gazette, dissolve a municipal council in the province. 

The Act provides that the MEC may only do so with the concurrence of the Minister, and after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution. 

This Act repeats aspects of section 139 of the Constitution which provides for Provincial Intervention in Local Government. Section 139 of the Constitution is the governing provision. 

Management of State Forests Act 128 of 1992

Section 2	Incorporation of public company

(5) The shares held by the state as contemplated in subsection (4) shall only be sold or otherwise disposed of with the approval, by resolution, of Parliament.

Medical Schemes Act 131 of 1998

The Act provides for the establishment of the Council for Medical Schemes.

Section 17	Liquidation

(1) The Council shall only be placed under liquidation by an Act of Parliament.

Mining Rights Act 20 of 1967

The President is empowered to declare a metal not expressly defined as a precious metal in this Act as such by proclamation in the Gazette, but may only do so with the approval of the National Assembly.	

National Council for Library and Information Services Act 6 of 2001

This Act establishes the National Council for Library and Information Services

Section 7	Nomination procedure

This section provides for the appointment procedure to the followed in appointing persons to the Council. A short-list of candidates is to be compiled by a panel appointed by the Minister, after the Portfolio Committee on Arts, Culture, Science and Technology has approved the composition of the panel.

National Empowerment Fund Act 105 of 1998

The Act provides for the establishment of the Trust.

Section 28	Dissolution of Trust and Distribution

(1) The Trust may be dissolved on a date determined by an Act of Parliament.

(2) The assets or the proceeds of those assets must, after the payment of all the liabilities of the Trust or the assumption thereof by the State pursuant to an Act of Parliament, upon dissolution of the Trust, be ceded and transferred to the State or any beneficiary as may be appointed by the Act of Parliament referred to in subsection (1).

National Nuclear Regulator Act 47 of 1999

The Act provides for the establishment of the National Nuclear Regulator.

Section 19	Judicial management and liquidation of Regulator

Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

National Parks Act 57 of 1976

Section 2	Existing parks

Except under the authority of a resolution of Parliament, no land included in a park described in Schedule 1 of this Act, which lists and describes National Parks in the Republic, shall be alienated or excluded or detached from the park.

National Railway Safety Regulator Act 16 of 2002

The Act provides for the establishment of the Railway Safety Regulator. 

Section 21	Judicial management and liquidation of Regulator 

Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted especially for that purpose.

Nuclear Energy Act 46 of 1999

The Act provides for the establishment of the South African Nuclear Energy Corporation, Limited.

Section 12	Judicial management and liquidation

Despite the provisions of any other law, the Corporation may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose

Overvaal Resorts Limited Act 127 of 1993

Section 4	Share capital of company

The Act provides that the State shall be the holder of the shares in the company, and that the Minister may, with the concurrence of the Minister of Finance and the approval by resolution of Parliament, sell or otherwise alienate to any person shares which are held by the State, provided that a requirement that the total shareholding of foreign shareholders shall not exceed 20% of the issued share capital of the company shall be incorporated in the memorandum and articles of association of the company.

Pension Funds Act 24 of 1954

The Act provides for the establishment of the Office of the Pension Funds Adjudicator.

Section 30X	Liquidation 

(1) The Office of the Adjudicator shall not be placed in liquidation except by Act of Parliament. 

Sea Shore Act 21 of 1935

Section 6	Approval of National Assembly

The Act provides that any alienation, letting or permission with regard to the sea-shore or the sea which is not authorized elsewhere in this Act or in any other law, may only take place with the approval, by resolution, of the National Assembly.

South African Police Service Act 68 of 1995

Section 45	Retirement

This section deals with the retirement of a member of the South African Police Service. A member may be retained beyond the mandated retirement age for further periods which shall not, except with the approval by resolution of Parliament, exceed the aggregate of five years.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

The Act provides for the establishment of a national roads agency for the Republic.

Section 10	Judicial management, and liquidation

Despite the provisions of any other law, the Agency may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

World Heritage Convention Act 49 of 1999

Section 12	Disestablishment of Authority and revocation of powers

The Act provides that an Authority referred to in section 9 must only be disestablished in terms of a resolution by Parliament.

4.	ACTIONS OR DECISIONS THAT DO NOT REQUIRE PARLIAMENTARY APPROVAL BUT OVER WHICH PARLIAMENT HAS DISAPPROVAL POWER 
The Constitution of the Republic of South Africa, 1996

Section 100	National intervention in provincial administration

If the national executive assumes responsibility in a province for the fulfilment of an executive obligation in terms of this section, it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began. The intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention. 

The National Council of Provinces must review the intervention regularly and may make any appropriate recommendations to the national executive.

National legislation may regulate the process of intervention in a province by the National Executive.

Section 139	Provincial intervention in local government

If a provincial executive assumes responsibility in a municipality for the fulfilment of an executive obligation in terms of subsection (1)(b), it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began. The intervention must end if the National Council of Provinces disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention. 

The National Council of Provinces must review the intervention regularly and may make any appropriate recommendations to the provincial executive.

If a provincial executive has caused the Municipal Council to be dissolved in terms of subsection (1)(c), it must submit a written notice of the dissolution to the National Council of Provinces. The National Council of Provinces has 14 days from the receipt of the notice to set aside the dissolution.

If a provincial executive has taken steps to ensure that a Municipality’s budget revenue-raising measures are approved, or to ensure that the Municipality’s obligations to provide basic services or to meet its financial commitments are met, in terms of subsections (4) and (5), it must submit a written notice to the National Council of Provinces within seven days after the intervention began.

National legislation may regulate the implementation of the entire section.

Section 203	State of national defence

When the President declares a state of national defence he must inform Parliament promptly of the reasons for the declaration, any place where the defence force is being employed, and the number of people involved. A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.

Schedule 6
Section 14	Assignment of legislation to provinces

When the President assigns legislation to a provincial authority, the President, by proclamation, may regulate any manner relating to the legislation, including the amendment, repeal or re-enactment of legislative provisions. A copy of such proclamations must be submitted to the National Assembly and the National Council of Provinces within 10 days of the publication of the proclamation. If both the National Assembly and the National Council by resolution disapprove the proclamation or any provision of it, the proclamation or provision lapses prospectively.

Commission on Gender Equality Act 39 of 1996

Section 7	Staff of Commission

A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days after such determination. If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.

Section 8	Remuneration and allowances of members of Commission

A document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be tabled in Parliament. If Parliament disapproves of any determination, the determination shall cease to be of force to the extent to which it is disapproved.

Labour Relations Act 66 of 1995

Section 74	Disputes in essential services

The Act provides for the referral, conciliation and arbitration of disputes involving a party that is precluded from participating in a strike or lock-out by virtue of the fact that the party is engaged in an essential service.

(5) Any arbitration award in terms of subsection (4) made in respect of the State and that has financial implications for the State becomes binding-

	(a)	14 days after the date of the award, unless a Minister has tabled the award in Parliament within that period; or

	(b)	14 days after the date of tabling the award, unless Parliament has passed a resolution that the award is not binding.

(6) If Parliament passes a resolution that the award is not binding, the dispute must be referred back to the Commission for further conciliation between the parties to the dispute and if that fails, any party to the dispute may request the Commission to arbitrate.

National Prosecuting Authority Act 32 of 1998

Section 18	Remuneration of Deputy Directors and prosecutors

This section allows the Minister to determine the scale of payment for a Deputy Director or prosecutor by notice in the Gazette. The notice must be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. Parliament may by resolution disapprove the notice or any provision thereof and notice or provision thereof shall lapse prospectively to the extent to which it is disapproved. The salary payable to a Deputy Director or a prosecutor shall not otherwise be reduced except by an Act of Parliament.

Promotion of National Unity and Reconciliation Act 34 of 1995 

Section 9	Conditions of service, remuneration, allowances and other benefits of staff of Commission

This section empowers the Truth and Reconciliation Commission to set the conditions of employment for persons appointed or employed by the Commission who are not officials of the State. A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days. If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.

Public Protector Act 23 of 1994

Section 3	Staff of Public Protector

A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector shall be tabled in the National Assembly within 14 days after such determination. The National Assembly may disapprove of any determination with prospective effect only.

State of Emergency Act 64 of 1997

Section 3	Parliamentary supervision

(1) A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or bylaw made in pursuance of any such declaration shall be laid upon the Table in Parliament by the President as soon as possible after the publication thereof. The National Assembly may disapprove of any such regulation, order, rule or bylaw or of any provision thereof or may make any recommendation to the President relating thereto.

Section 4	Lapsing of emergency regulations

(1) Any regulation, order, rule or bylaw made in pursuance of the declaration of a particular state of emergency, or any provision thereof, shall cease to be of force and effect if the National Assembly disapproves thereof. 

Water Services Act 108 of 1997

Section 63	Intervention

This section provides for the situation in which a water services authority does not fulfil its functions in terms of the Act. The first step is to request the relevant province to intervene in terms of section 139 of the Constitution. If this is unsuccessful, the Minister may assume responsibility for the function. Subsection (3) provides that in such a case the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function and the 	the assumption of responsibility must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting. The National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister.

The section further provides that if the assumption of responsibility is not sufficient, the Minister may intervene, including taking over the function of the water service authority. In that case, subsection (6) provides that the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function. The take-over of that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over. The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister.

5.	REPORTS AND OTHER DOCUMENTS ARE RECEIVED BY PARLIAMENT AND PARLIAMENT IS REQUIRED TO ACT IN SOME WAY
The Constitution of the Republic of South Africa, 1996

Section 199	Establishment, structuring and conduct of security services

When the defence force is employed in terms of this section, the President must inform Parliament of the reasons for the employment of the defence force, any place where the force is being employed, the number of people involved, the period for which the force is expected to be employed. Multi-party parliamentary committees are granted powers of oversight over the security services, in the interest of accountability and transparency, in a manner determined by national legislation or the rules and orders of Parliament. If Parliament does not sit during the first seven days after the defence force is employed the President must provide information regarding the defence force deployment to the appropriate oversight committee.

Magistrates Act 90 of 1993

Section 13	Vacation of office and discharge of magistrates

This section deals inter alia with the suspension of a magistrate. Subsection (4A)(a) provides that e remuneration of a magistrate is not affected during a period of suspension in terms of subsection (3) (a) or (4) (a), unless the Magistrates Commission determines otherwise. In that case, a report must be tabled in Parliament by the Minister within seven days of such determination, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session. Parliament must, as soon as is reasonably possible, consider that report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment, or set aside. In the latter case, the determination lapses retrospectively. 

Water Services Act 108 of 1997

Section 63	Intervention

This section provides for the situation in which a water services authority does not fulfil its functions in terms of the Act. The first step is to request the relevant province to intervene in terms of section 139 of the Constitution. If this is unsuccessful, the Minister may assume responsibility for the function. Subsection (3) provides that in such a case the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function and the 	the assumption of responsibility must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting. The National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister.

The section further provides that if the assumption of responsibility is not sufficient, the Minister may intervene, including taking over the function of the water service authority. In that case, subsection (6) provides that the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function. The take-over of that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over. The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister.

6.	REPORTS AND OTHER DOCUMENTS MUST BE MERELY TABLED IN PARLIAMENT FOR CONSIDERATION
The Constitution of the Republic of South Africa, 1996

Section 92	Accountability and responsibilities

This section provides that Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions. Subsection (3) provides specifically that Members of the Cabinet must provide Parliament with full and regular reports concerning matters under their control.

6.1	Reports to be submitted to Parliament
6.1.1		The following Acts require reports to be tabled in Parliament within 14 days after the Minister or other recipient has received them, if Parliament is then in session or, if Parliament is not then in session, within 14 days of the beginning of the next session: 
Abolition of Racially Based Land Measures Act 108 of 1991

Section 85(2): The Minister must table the annual report submitted by the Advisory Committee on Non-racial Area Measures.  

Africa Institute of South Africa Act 68 of 2001

Section 16(3): The Minister must table the annual report submitted by the Council of the Africa Institute of South Africa. 

Banks Act 94 of 1990

Section 10(2): The Minister must table the annual report submitted by the Registrar of Banks on his or her activities during the year under review.

Collective Investment Schemes Control Act 45 of 2002

Section 23(2): The Minister must table the annual report submitted by the Registrar or Deputy Registrar of Collective Investment Schemes.

Corporation for Public Deposits Act 46 of 1984 

Section 17(2): The Minister must table the financial statements referred to in Section 16(1)(b) of the Act and the annual report submitted by the corporation. 

Council for the Built Environment Act 43 of 2000

Section 19(4): The Minister must table the annual report of the functions, affairs and financial position of the Council for the Built Environment.  The Minister must also table a summary of the reports referred to in Section 4(v) of the Act. 

Cultural Institutions Act 119 of 1998

Section 8(8)(9): The Minister must table the annual report submitted by a council of a declared institution, as defined in the Act. Within 5 months after the report has been tabled, a delegation consisting of the chairperson of the relevant council and at least 2 other council members must brief the relevant committees of Parliament on the annual report.

Electricity Act 41 of 1987

Section 5D(3): The Minister shall table the annual report of the National Electricity Regulator, with regard to the functions, affairs and financial position of the regulator in respect of that financial year. 

Film and Publications Act 65 of 1996

Section 14(2): The Minister must table the annual reports, together with the audited balance sheet and accounts pertaining to the funds of the Film and Publication Board and of the Film and Publication Review Board, submitted by the Film and Publication Board.

Financial Supervision of the Road Accident Fund Act 8 of 1993 

Section 4: The Minister must table the annual report on the business of the Fund, submitted by the Executive Officer, appointed as such in terms of Section 13 of the Financial Services Board Act, 1990 (Act 97 of 1990). 

Forest Act 122 of 1984

Section 70(2): The Minister must table the report submitted by the National Botanical Institute after the end of each financial year. 

Heraldry Act 18 of 1962

Section 24(2): The Minister must table a copy of the annual report of the state herald on the activities of the bureau of heraldry and the heraldry council.

Human Sciences Research Act 23 of 1968

Section 13(4)(b): The Minister must table the annual report submitted by the Human Sciences Research Council. 

Industrial Development Act 22 of 1940

Section 19(2): The Minister shall table copies of the financial statements, reports or addresses transmitted by the Industrial Development Corporation. 

International Trade Administration Act 71 of 2002

Section 22(4)-(5): The Minister must table the annual report submitted by the Chief Commissioner of the International Trade Administration Commission. The Minister may table any other report that is submitted. 

Labour Relations Act 66 of 1995

Section 9(2): The Minister must table the annual report of the Commission for Conciliation, Mediation and Arbitration. 	

Legal Aid Act 22 of 1969

Section 9(11): The Minister must table the annual report submitted by the Legal Aid Board. In addition, the Minister must table the Legal Aid Guide submitted by the Board at least once each year in the National Assembly and the National Council of Provinces for ratification (Section 3A).

Legal Succession of the South African Transport Services Act 9 of 1989

Section 20: The Minister must table the annual financial statements of the public company that the Minister formed and incorporated pursuant to this Act for as long as the State is a member of the Company established by Section 2 of this Act. 

Section 28(4): The Minister must table the annual financial statements of the South African Rail Commuter Corporation Limited. 

Magistrates Act 90 of 1993

Section 7(2): The Minister must table a report submitted by the Magistrate’s Commission in terms of Section 7(1) (f) of the Act. 

Marine Living Resources Act 18 of 1998

Section 36(2): The Minister must table the report submitted by the Fisheries Transformation Council not later than the first day of March each year, on its activities in the previous year.

Municipal Accountants’ Act 21 of 1988

Section 12(2): The Minister must table the annual report submitted by the Board for Municipal Accountants. 

Mutual Banks Act 124 of 1993 

Section 8(2): The Minister must table the annual report submitted by the Registrar of Banks on his or her activities during the year under review.

National Advisory Council on Innovation Act 55 of 1997

Section 12(2): The Minister must table the annual report of the National Advisory Council on Innovation. 

National Archives of South Africa Act 43 of 1996

Section 10(3)-(4): The Minister must table the annual reports submitted by the National Archivist and by the National Archives Advisory Council, together with the audited annual financial statements pertaining to the funds of the council. Within 5 months after the reports have been tabled, a delegation consisting of the National Archivist and at least two members of the Council must brief the Portfolio Committee on Arts, Culture, Science and Technology on the reports.

National Arts Council Act 56 of 1997

Section 17(3)-(4): The Minister must table the annual report submitted by the National Arts Council. Within 5 months after the report has been tabled, a delegation consisting of the chairperson of the Council and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

National Empowerment Fund Act 105 of 1998

Section 20(3): The Minister must table the annual report submitted by the National Empowerment Fund and its trustees. [note: the Act refers to the National Empowerment Fund as a trust and defines ‘trust’ accordingly]

National Film and Video Foundation Act 73 of 1997

Section 17(3)-(4): The Minister must table the annual report submitted by the National Film and Video Foundation. Within 5 months after the report has been tabled, a delegation consisting of the chairperson of the Council and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

National Heritage Council Act 11 of 1999

Section 13(3): The Minister must table the annual report submitted by the National Heritage Council. Within 5 months after the report has been tabled, a delegation consisting of the chairperson of the Council and at least two other members must brief the relevant committees of Parliament on the annual report (Section 13(4)).

National Heritage Resources Act 25 of 1999

Section 22(3): The Minister must table the annual report submitted by the South African Heritage Resources Agency. 

National Nuclear Regulator Act 47 of 1999

Section 7(2):  The Minister must table in Parliament the annual public report submitted by the National Nuclear Regulator on the health and safety related to workers, the public and the environment associated with all sites including, but not limited to, the prescribed contents.

National Prosecuting Authority Act 32 of 1998

Section 35(2): The Minister must table an annual report submitted by the National Director of Public Prosecutions.  The report should detail the operations of the prosecuting authority, which include the NPA’s activities—including those of its Director and Deputy Directors, its personnel and financial position, training programs, recommendations or suggestions for improving prosecuting authority, or anything else it deems relevant.    

National Railway Safety Regulator Act 16 of 2002

Section 20(2): The Minister must table the annual report submitted by the Railway Safety Regulator. [note: the provision does not give a time limit for tabling the report after the commencement of the ensuing session]

National Research Foundation Act 23 of 1998

Section 18(3): The Minister must table the annual report submitted by the National Research Foundation.

Prevention and Treatment of Drug Dependency Act 20 of 1992

Section 2(11)(a): The Minister shall table a report which he or she must receive annually from the Drug Authority not later than the first day of June.

Public Accountants’ and Auditors’ Act 80 of 1991

Section 9(5): The Minister shall table the annual reports submitted by the Public Accountants' and Auditors' Board in terms of subsection (1), together with the annexures thereto. 

Public Investment Commissioners Act 45 of 1984

Section 11(2): The Minister must table the financial statements referred to in Section 10(b)(1) of the Act and the annual report submitted by the Commissioners regarding their functions during that financial year.

Road Traffic Management Corporation Act 20 of 1999

Sections 16(2) and 22(4): The Minister must table the annual report of the Road Traffic Management Corporation, which has been submitted to the Shareholders Committee by the Chief Executive Officer and approved by such committee. 

Section 36(3): The Minister must annually report to Parliament on the feasibility of incrementally reducing public shareholding in a joint venture company operating or providing road traffic facilities and services, formed in terms of subsection (1).

Scientific Research Council Act 46 of 1988

Section 14(2)(b): The Minister must table the annual report submitted by the Board of the Council for Scientific and Industrial Research. 

South African Civil Aviation Authority Act 40 of 1998

Section 17(4): The Minister must table the annual reports submitted by the South African Civil Aviation Authority.

South African Geographical Names Council Act 118 of 1998

Section 11(2)-(3): The Minister must table the annual report submitted by the South African Geographical Names Council. Within 5 months after the report has been tabled, a delegation consisting of the chairperson of the council and at least 2 other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report. 

South African Law Commission Act 19 of 1973

Section 7(3): The Minister must table the report submitted by the South African Law Commission within five months of the end of each financial year, on its activities during that financial year.

South African Police Service Act 68 of 1995

Section 54(b): The Minister must table the annual reports submitted by the Executive Director of the Independent Complaints Directorate.  In addition, the Executive Director must submit a report on the activities of the directorate to the Parliamentary Committees or to the Minister at any time he or she is requested to do so. 

South African Qualifications Authority Act 58 of 1995

Section 13(3): The Minister must table the annual report submitted by the South African Qualifications Authority. 

South African Reserve Bank Act 90 of 1989

Section 32: The Minister must table the Governor’s annual report relating to the implementation of the Bank’s monetary policy; the Bank’s financial statement, which it submitted to the Department of Finance at the end of the fiscal year; and a list of the full names, addresses, and number of shares of stock owned by each of its shareholders. 

South African Weather Service Act 8 of 2001

Section 17(3): The Minister must table the annual report submitted by the Weather Service. In addition, within 30 days after it is submitted, the Minister must table the report of the Regulating Committee for Meteorological Services, submitted before 30 June each year (Section 21).  

Standards Act 29 of 1993 

Section 14(3): The Minister must table the annual report submitted by the Council of the South African Bureau of Standards. 

The National Library of South Africa Act 92 of 1998

Section 14(4)(b): The Minister must table the annual report submitted by the National Library. 

The South African Library for the Blind Act 91 of 1998

Section 14(4)(b): The Minister must table the annual report submitted by the Library for the Blind. 

Veterinary and Para-Veterinary Professions Act 19 of 1982

Section 17(2)(a): The Minister must table copies of the annual reports of the South African Veterinary Council. 

6.1.2		The following Acts require reports to be tabled by the Minister (or such other person as may be indicated) in Parliament as soon as practicable, or possible, or within a reasonable time, after it has been submitted to the Minister (or such other person):
Academic Health Centres Act 86 of 1993

Section 22(4): The annual report submitted by a supervisory board, established under Section 10(1). 

Agricultural Research Act 86 of 1990

Section 22(6): The Minister must table the annual reports submitted by the council appointed in Section 8 to manage the affairs of the Agricultural Research Council.  

Castle Management Act 207 of 1993

Section 21(3): The annual report submitted by the Castle Control Board shall be tabled by the Minister as soon as practicable after it is received.

Consumer Affairs (Unfair Business Practices) Act 71 of 1988

Section 4(b): The Minister shall table the annual reports submitted by the Consumer Affairs Committee on the functions performed by it during the relevant year. 

Section 10(3)(a): The Minister shall table any report submitted by the Consumer Affairs Committee on the result of any investigation made by it in terms of section 8 (1), which in the opinion of the Minister may be made known without detriment to the public interest. 

Cross-Border Road Transport Act 4 of 1998

Section 22(2): The Minister must table the annual reports submitted by the Board of the Cross-Border Road Transport Agency in Parliament within a reasonable time.

Higher Education Act 101 of 1997 

Section 19(2): The Minister must table the annual reports of the Council on Higher Education. 

Section 42(4): The Minister must table a report if he or she withholds payment of a portion of any allocation appropriated by Parliament due to the failure of a council of a public higher education institution to comply with any provision of the Act under which an allocation is made, in accordance with subsection (2). 

Independent Commission for the Remuneration of Office-bearers Act 92 of 1997

Section 10(2): The President shall cause a copy of the annual report submitted by the Independent Commission for the remuneration of Office-bearers to be tabled in Parliament as soon as may be practicable.

Mine Health and Safety Act 29 of 1996

Schedule 6, item 9(8): The Minister must table a copy of the report compiled by the Auditor-General in terms of subsection (6), regarding the Mine & Health Safety Council. 

Schedule 7, item 20(8): The Minister must table a copy of the report compiled by the Auditor-General in terms of subsection (6), regarding the Mining Qualifications Authority.

National Council for Library and Information Services Act 6 of 2001

Section 14: The Minister must table the annual report submitted by the National Council for Library and Information Services as soon as possible after its receipt.  Within 5 months after the report has been tabled, a delegation consisting of the chairperson and at least 2 other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

Section 16(2): The Minister must table the annual report submitted by the National Student Financial Aid Scheme board.

National Student Financial Aid Scheme Act 56 of 1999

Section 25(2): The Minister must table the annual report submitted by the South African Council for Non-Proliferation of Weapons of Mass Destruction. 

Non-Proliferation of Weapons of Mass Destruction Act 87 of 1993

Section 25(2): The Minister must table the annual report submitted by the South African Council for Non-Proliferation of Weapons of Mass Destruction

South African Medical Research Council Act 58 of 1991

Section 14(6): The annual report submitted by the Board of the Medical Research Council. 

Statistics Act 6 of 1999

Section 7(2)(c): The Minister must table the report furnished each year by the Statistician-General in respect of the activities of Statistics South Africa during that year. 

Section 13(2): The Minister must table the annual report furnished by the South African Statistics Council.

6.1.3		The following Acts require reports to be tabled by the Minister, or by another person (such as the Speaker) in Parliament without a time being specified:
Advisory Board on Social Development Act 3 of 2001

Section 4(1)(i): The Minister must table the annual report submitted by the Advisory Board on Social Development. 

Administrative Adjudication of Road Traffic Offences Act 46 of 1998

Section 7(2): The Minister must table the annual report submitted by the Road Traffic Infringement Agency Board.

Audit Arrangements Act 122 of 1992

Section 7: The Deputy Auditor-General shall prepare an estimate of revenue and expenditure of the Office of Auditor General, which shall, after approval by the Audit Commission, be forwarded to the Speaker for tabling in Parliament.  If the Audit Commission does not approve the estimate, the Audit Commission and the Auditor-General must submit reports concerning the circumstances of non-approval to the Speaker for tabling in Parliament. 

Section 10(3): The Speaker shall table the annual report submitted by the Audit Commission. 

Basic Conditions of Employment Act 75 of 1997

Schedule One, Section 5(3): The Minister must table the reports published by the Department of Labour on the progress made in the reduction of working hours. 

Communal Property Associations Act 28 of 1996

Section 17: The Minister shall table the annual report submitted by the Director-General: Land Affairs.

Correctional Services Act 111 of 1998

Section 90 (4)(b): The Minister must table the annual report of the Inspecting Judge. 

Education and Training Act 90 of 1979

Section 2(3): The Minister shall table the annual report on the activities of the Department of Education submitted by the Director General of the Department of Education.

Electronic Communications and Transactions Act 25 of 2002

Section 5(11): The Minister must table an annual report in Parliament regarding the progress made in the implementation of the national e-strategy.

Section 67: The Minister must table the annual report submitted by the Board of Directors of the .za Domain Name Authority. 

Employment Equity Act 55 of 1998

Section 22(2): The Minister must table a report produced in terms of Section 21 of the Act, by a designated employer within any organ of state.  

Exchange Control Amnesty and Amendment of Taxation Laws Act 12 of 2003

Section 29: The Minister must report to Parliament on the items set forth in subsections (a) – (d) of this section. 

Financial and Fiscal Commission Act 99 of 1997

Section 3(2C): If the Financial and Fiscal Commission, which is established and operates in terms of sections 220 to 222 of the Constitution, fails to make the necessary recommendation with respect to a notification or request issued in accordance with paragraph (2A)(a), where an organ of state in one sphere of government seeks to assign a power or function to an organ of state in another sphere of government in terms of law, the Commission must submit written reasons for such failure to Parliament, and if appropriate, also to the relevant provincial legislature. 

Section 3(6): The Commission must submit for tabling copies of all its recommendations made in terms of a provision of the Constitution to both Houses of Parliament and to the provincial legislatures.

Higher Education Act 101 of 1997 

Section 19(2): As soon as is reasonably practicable, the Minister must table the annual reports of the Council on Higher Education. 

Liquor Act 27 of 1989

Section 18: The Minister shall cause a report on all the Liquor Boards to be tabled in Parliament, following receipt of the annual reports of the Liquor Boards.

Local Government: Municipal Systems Act 32 of 2000

Section 48(1): The Minister must annually compile and submit to Parliament and the MECs for local government a consolidated report of local government performance in terms of general key performance indicators.

Military Veterans’ Affairs Act 17 of 1999

Section 13(2): The Minister must table the annual report submitted by the Advisory Board on Military Veterans' Affairs.

National Parks Act 57 of 1976

Section 17(2): The Minister shall table the annual report of the South African National Parks, as well as a statement of the South African National Park’s revenue and expenditure during the relevant period. 

National Environmental Management Act 107 of 1998

Section 6: The Minister must present an annual report to Parliament on the work of the National Environmental Advisory Forum as set forth in this section.

Section 7(3): The Minister must present an annual report to Parliament on the work of the Committee for Environmental Co-ordination, as set forth in this section.

Section 26: The Minister must report annually to Parliament regarding international environmental instruments for which he or she is responsible, as set forth in this section. 

National House of Traditional Leaders Act 10 of 1997

Section 7(2)(b): The National House of Traditional Leaders must present an annual report to Parliament.

National Small Business Act 102 of 1996

Section 19(1)(b): The Minister must table: the annual reports compiled by the Advisory Body (which was established by the Minister) and the annual reports compiled by the Ntsika Enterprise Promotion Agency, as well as the constitutions and the audited annual financial statements of the Advisory Body and the Ntsika Enterprise Promotion Agency.  

Section 19(4): The Minister must table the Annual Review of Small Business submitted by the Director-General of the Department of Trade and Industry, or by an officer designated by the Director-General. 

National Water Act 36 of 1998

Section 106(4): The Director-General of the Department of Water Affairs and Forestry must send a copy of a report submitted by a body established under Section 102 to implement an international agreement on the performance of its functions to the Secretary to Parliament.  

Schedule 4, item 33(7)(a)-(b): Water Management Institutions, which are catchment management agencies, must table their annual reports in Parliament. Water Management Institutions, which are water user associations, must send a copy of their annual reports to the Secretary to Parliament.

Natural Scientific Professions Act 27 of 2003

Section 16(1): The Minister must table the annual report submitted by the South African Council for Natural Scientific Professions.

Prevention of Organised Crime Act 121 of 1998

Section 69A(3)(ii): The Minister must table the particulars of any allocation of property or money under subsection (1) to a specific law enforcement agency or to an institution, organisation or fund contemplated in section 68 (c).

Private Security Industry Regulation Act 56 of 2001

Section 10(c): The Minister must table the annual report submitted by the Council for the Private Security Industry Regulation Authority and present such further reports to Parliament as Parliament may request.

Promotion of Administrative Justice Act 3 of 2000

Section 9A(7): The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Section 31(7): The Minister must table a report in Parliament relating to the content and implementation of the training courses referred to in subsections (4) and (5).

Provincial Tax Regulation Process Act 53 of 2001

Section 3(7)(b): The Minister must submit a report to the Budget Council and to both houses of Parliament regarding his or her reasonable reservations, after the necessary consultation, concerning the constitutionality of a proposed provincial tax. 

Public Finance Management Act 1 of 1999

Section 59(3): The Auditor-General must report to Parliament any discharge of an auditor appointed by a public entity in terms of section 58(1)(b), before the expiry of that auditor’s term of appointment, in accordance with this section.

Reconstruction and Development Programme Fund Act 7 of 1994

Section 8B: The Minister must at least once a year report to Parliament on the use of the money of the Reconstruction and Development Programme Fund.

South African Boxing Act 11 of 2001

Section 15(3): The Minister must annually table the audited financial statements submitted by the Chief Executive Officer of Boxing SA.

South African Sports Commission Act 109 of 1998

Section 27(1): The Minister must table the annual report by the South African Sports Commission. In addition, the Minister may, if necessary, table the audited financial statements submitted annually by the Chief Executive Officer of the Commission. 

State Information Technology Agency Act 88 of 1998

Section 24(2): The Minister must table the annual report submitted by the State Information Technology Agency.  

War Damage Insurance and Compensation Act 85 of 1976

Section 5(b): If the Minister limits payments by the War Damage Fund, in accordance with paragraph (a), the Minister shall lay upon the Tables of both Houses of Parliament a report on the matter in such form as he may deem fit and in which he shall recommend that money be appropriated by Parliament so as to enable the fund to meet its liabilities in accordance with the basis determined by the Minister under paragraph (a).

6.1.4		The following Acts require reports to be tabled “ promptly”, “forthwith” or “without delay” in Parliament: 
Commission on Gender Equality Act 39 of 1996

Section 11(1)(i): The Commission on Gender Equality shall prepare and submit reports to Parliament pertaining to any such convention, covenant or charter relating to the object of the Commission. 

Section 15(2): The President shall cause the annual reports submitted by the Gender Commission to be tabled promptly in Parliament, provided that the Commission may at any time submit any other report to the President and Parliament.

Housing Act 107 of 1997

Section 11(7)(b): The Minister must without delay submit to Parliament the statements and balance sheet of the South African Housing Fund, submitted by the Director-General. 

Section 19(2): The Minister must without delay submit the annual report of the Director-General; Housing to Parliament. 

Lotteries Act 57 of 1997

Section 19(2): If the Minister or the National Lotteries Board decides to suspend the licence in terms of subsection (1), the Minister shall forthwith inform Parliament of that fact and of the grounds for the suspension, and if Parliament is not then in session, on the first day of the next session of Parliament.

Section 19(4): The Minister shall forthwith inform Parliament if the licence for the National Lottery ceased to be valid in terms of subsection (3), and if Parliament is not then in session, on the first day of the next session of Parliament.

Section 20(3): If the Minister or the National Lotteries Board decides to revoke the National Lottery licence in terms of subsection (1), the Minister or the board, as the case may be, shall inform the Minister of Finance and Parliament of that fact and of the grounds for that revocation forthwith, and if Parliament is not then in session, on the first day of the next session of Parliament.

National Gambling Act 33 of 1985

Section 9(3)(a): The Minister shall table the annual report submitted by the National Gambling Board forthwith in Parliament. 

National Youth Commission Act 19 of 1996

Section 8(1)(a)(xv): The National Youth Commission must prepare and publish reports to Parliament pertaining to any convention, covenant or charter relating to the objects of the Commission. 

Section 12(1): The President shall cause the annual reports submitted by the National Youth Commission to be tabled promptly in the National Assembly and the National Council of Provinces.

Public Finance Management Act 1 of 1999

Section 14(4): The Minister must promptly inform Parliament of any withdrawal of an exclusion granted to particular entities with regard to money that they received, as set out in subsection (1).

Section 23(4): The Minister must promptly inform Parliament of any withdrawal of an exclusion granted to a provincial department or provincial public entity in terms of section 22 (1). 

6.1.5		The following acts require reports to be tabled in Parliament within 30 days (or one month) after the receipt thereof, if Parliament is in session, or, if Parliament is not then in session, within 30 days (or one month) after the commencement of its next ensuing session:
Air Services Licensing Act 115 of 1990

Section 10(2): The Minister must table a copy of the annual report submitted by the Air Service Licensing Council.

Air Traffic and Navigation Services Company Act 45 of 1993

Section 8(2): The Shareholding Minister must table the annual report submitted by the Air Traffic and Navigation Services Company.  

Section 10: The Minister must table a copy of every order issued to the Air Traffic and Navigation Services Company under this section, except an order contemplated under subsection (6).  Subsection 6 orders are those the Minister has decided not to table because they are issued either out of a concern for national safety or out of an international obligation, and are, therefore, confidential.  

Airports Company Act 44 of 1993

Section 8(2): The Shareholding Minister shall table the annual report submitted by the Airports Company Limited. 

Section 10: The Minister must table a copy of every order issued to the Airports Company Limited under this section (orders issued in the interest of national security or to discharge or facilitate the discharge of an international obligation). 

Section 11(8): The Minister must table a copy of the annual report submitted by the Regulating Committee, established under Section 11(1) of the Act. 

Armaments Development and Production Act 57 of 1968

Section 8(4): The Minister shall lay each auditor’s report and activities report furnished by the Board of the Armaments Development and Production Corporation of South Africa, Limited, and any statements of account accompanying such report on the Table of the National Council of Provinces and of the National Assembly within one month after receipt thereof by him, if Parliament is in ordinary session, or if Parliament is not in ordinary session, within one month after the commencement of the next ensuing ordinary session, unless disclosure of any such report may in the opinion of the Minister jeopardize the safety of the State. 

Compensation for Occupation Injuries and Diseases Act 130 of 1993

Section 20(3):  The Minister shall table copies of the balance sheets and the annual reports submitted by the Director-General of the Department of Labour. 

General and Further Education and Training Quality Assurance Act 58 of 2001

Section 15(3): The Minister must table the annual report submitted by the General and Further Education and Training Quality Assurance Council. 

Housing Consumers Protection Measures Act 95 of 1998

Section 8(2): The Minister must table the annual reports submitted by the National Home Builders Registration Council. 

International Air Services Act 60 of 1993

Section 11(2): The Minister must table a copy of the annual report submitted by the International Air Services Council. 

Long-term Insurance Act 52 of 1998

Section 5(2): The Minister shall table the annual report submitted by the Registrar of Long-term Insurance. 

Road Accident Fund Act 56 of 1996

Section 13(2): The Minister must table the annual report published by the Board of the Road Accident Fund. 

Short-term insurance Act 53 of 1998

Section 5(2): The Minister shall table the annual report submitted by the Registrar of Short-term Insurance. 

South African Roads Board Act 74 of 1988

Section 18(3): The Minister must table a copy of the annual report submitted by the South African Roads Board. 

Telecommunications Act 103 of 1996

Section 63(3): The Minister shall table a copy of the annual report furnished by the Universal Service Agency.  

Section 68(4): The Minister shall table a copy of the audited accounts and balance sheet of the Universal Service Fund. If so determined by the Minister, the report may be tabled together with the annual report of the Agency in regard to the period concerned.

6.1.6		The following acts require reports to be tabled in Parliament within 30 days (or one month) after their receipt.
Disaster Management Act 57 of 2002

Section 24(2): The Minister must submit the annual report submitted by the National Disaster Management Centre to Parliament within 30 days after its receipt.

Government Employees Pension Law, 1996 (Proclamation 21 published in Government Gazette 17135 of 19 April 1996)

Section 9(6): The Minister shall, within 30 days of the receipt thereof, submit the financial statements, report and information referred to in this section (Section 9), submitted by the Board of Trustees, to Parliament together with such comments as the Minister may wish to make.

Public Funding of Represented Political Parties Act 103 of 1997

Section 8(3): Within 30 days after receipt of the Auditor-General's report, the Electoral Commission must submit that report to Parliament together with the audited financial statements of the Represented Political Parties’ Fund and the audited Commission's report.

Road Accident Fund Commission Act 71 of 1998

Section 8(1):  The President must, within a period of one month from the submission of the report by the Road Accident Fund Commission (regarding its inquiry into the existing system for compensating victims of road accidents and its recommendations for implementing a sustainable system to provide compensation in the future) present this report to the presiding officers of both Houses for tabling in Parliament.

6.1.7		The following acts require reports to be tabled in Parliament within 30 days (or one month) after their receipt by the Minister, if Parliament is then sitting, or, if Parliament is not sitting, within 14 days of the commencement of the next sitting:
Independent Communications Authority of South Africa Act 13 of 2000

Section 16(3): The Minister must table a copy of the annual report submitted by the Council of the Independent Communications Authority of South Africa. 

Media Development and Diversity Agency Act 14 of 2002

Section 16(2): The Minister must table the annual report submitted by the Board of the Media Development and Diversity Agency. 

Mine Health and Safety Act 29 of 1996

Section 81(1)-(2): The Minister must table the annual report submitted by the Chief Inspector of Mines.

South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

Section 22(2) The Minister must table a copy of the annual report submitted by the South African Search and Rescue Organisation. 

6.1.8		The following Acts require annual reports to be submitted to Parliament not later than a specific date each year:
Intelligence Services Oversight Act 40 of 1994

Section 6(1)-(2): The Joint Standing Committee on Intelligence shall, within five months after its first appointment, and thereafter within two months after 31 March in each year, table in Parliament a report on the activities of the Committee during the preceding year, together with the findings made by it and the recommendations it deems appropriate. The Committee may at the request of Parliament or others, or at any other time which the Committee deems necessary, furnish Parliament, or others, with a special report and shall table a copy of such report in Parliament or furnish such other recipients with copies.

Judicial Service Commission Act 9 of 1994

Section 6: The Commission shall within six months after the end of every year submit to Parliament a report in writing regarding its activities during that year.

Pan South African Language Board Act 59 of 1995

Section 12(3)-(4): The Pan South African Language Board shall annually not later than the first day of June submit to Parliament a comprehensive report on all its activities during the preceding year, up to 31 March. Within five months after the report has been tabled, a delegation consisting of the chairperson of the Board and at least two other Board members must brief the Portfolio Committee on the annual report.

Section 12(3)-(4): The Pan South African Language Board shall annually not later than the first day of June submit to Parliament a comprehensive report on all its activities during the preceding year, up to 31 March. Within five months after the report has been tabled, a delegation consisting of the chairperson of the Board and at least two other Board members must brief the Portfolio Committee on the annual report.

Restitution of Land Rights Act 22 of 1994

Section 21: The Commission on Restitution of Land Rights must submit an annual report to Parliament not later than June 1 of each year. 

South African Citizenship Act 88 of 1995

Section 5(9)(b): The Minister shall within 14 days after the commencement of the sittings of Parliament in each year table in Parliament the names of any persons to whom certificates of naturalisation were granted under paragraph (a) (i.e., based on exceptional circumstances) in the immediately preceding year, including the reasons for the granting of any such certificate.

6.1.9		The following Acts require reports to be submitted to Parliament on a periodic basis, but without specified times:
Domestic Violence Act 116 of 1998

Section 18(5)(c): The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4)(a), and setting out the recommendations made in respect of such matters.

Section 18(5)(d): The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament providing details regarding complaints received against members, disciplinary proceedings and steps taken as a result of recommendations made by the Independent Complaints Directorate.

Human Rights Commission Act 54 of 1994

Section 15(2): In addition to the report contemplated in section 118 of the Constitution, the Human Rights Commission shall submit to the President and Parliament quarterly reports on the findings in respect of functions and investigations of a serious nature which were performed or conducted by it during that quarter, provided that the Commission may, at any time, submit a report to the President and Parliament if it deems it necessary.

Income Tax Act 58 of 1962

Section 12G(16)(e): The Minister of Trade and Industry must submit an annual report to Parliament, and must provide a copy of that report to the Auditor-General, setting out certain information in respect of each company that received approval as a qualifying strategic industrial project in terms of subsection (5). 

National Conventional Arms Control Act 41 of 2002

Section 23(1)(b)-(c): The National Conventional Arms Control Committee must make quarterly reports to the Cabinet and a committee of Parliament determined by Parliament on all conventional arms exports concluded during the preceding quarter and, at the end of the first quarter of each year, present to Parliament and release to the public an annual report on all conventional arms exports concluded during the preceding calendar year.

National Forests Act 84 of 1998

Section 6(3): The Minister must report to Parliament at least every three years regarding the Minister’s monitoring of forests.  This section sets out the matters that the report must cover. 

National Water Act 36 of 1998

Section 67(2)(b): The Minister must report to Parliament annually, and must include in the report any instance in which the requirements of the Act were dispensed with by the Minster. 

Pan South African Language Board Act 59 of 1995

Section 12(1)(b)(ii): The Pan South African Language Board must submit a quarterly report to Parliament or to a provincial legislature, as the case may be. The Board’s reports must be taken into account by Parliament (Section 12(2)). 

Promotion of National Unity and Reconciliation Act 34 of 1995 

Section 45(2): The Commission shall submit to Parliament half-yearly financial reports, provided that the Commission may, at any time, submit a financial report to Parliament on specific or general matters, if it deems it necessary or in the public interest, or if it requires the urgent attention of, or an intervention by, Parliament or is requested to do so by the Speaker of the National Assembly or the President of the National Council of Provinces.

Public Protector Act 23 of 1994

Section 8(2)(a): The Public Protector shall report in writing on the activities of his or her office to the National Assembly at least once every year: Provided that any report shall also be tabled in the National Council of Provinces. 

Regulation of Foreign Military Assistance Act 15 of 1998

Section 6(2): The National Conventional Arms Control Committee must each quarter submit reports to the National Executive, Parliament and the Parliamentary Committees on Defence with regard to the register of authorisations and approvals issued by the Minister in terms of sections 4 and 5.

Special Investigating Units and Special Tribunals Act 74 of 1996

Section 4(1)(h): The Special Investigating Unit must, at least twice a year, submit a report to Parliament on the investigations by and the activities, composition and expenditure of such Unit.

6.1.10	The following Act requires reports to be tabled in Parliament at a time measured by the financial year:
Financial and Fiscal Commission Act 99 of 1997

Section 26: Within six months after the end of each financial year, the Commission must submit to both Houses of Parliament a report on the activities of the Commission during that financial year.

Intergovernmental Fiscal Relations Act 97 of 1997

Section 9: At least ten months (or a later date agreed to between the Minister and the Commission) before the start of each financial year, the Financial & Fiscal Commission must submit to both Houses of Parliament and the provincial legislatures, for tabling in the Houses and the legislatures, and also to the Minister, recommendations for that financial year regarding an equitable division of revenue, the determination of each province's equitable share in the provincial share of that revenue; and any other allocations to provinces, local government or municipalities from the national government's share of that revenue, and any conditions on which those allocations should be made.

Local Government: Municipal Demarcation Act 27 of 1998

Section 39(1)(a), (2): The Municipal Demarcation Board must annually submit to both Houses of Parliament a written report on the activities of the Board during a financial year. The report must be submitted within six months after the end of the financial year to which it relates, and must include audited financial statements if those statements are available at that time, reflecting the Board's financial affairs during the year. 

Lotteries Act 57 of 1997

Section 12(1)(c): The National Lotteries Board must, annually within three months after the end of each financial year, submit the report and financial statements referred to in paragraph (b) to Parliament, and if Parliament is not then in session, on the first day of the next session. 

Section 12(5): The report referred to in section 12(1) shall be laid upon the Table in Parliament forthwith after it is submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, on the first day of the commencement of the next ensuing session of Parliament. [note: the apparent inconsistency between sections 12(1)(c) and 12(5) stems from the wording of the Act itself]

Section 21(2): The board must also table an annual report in respect of the National Lottery Distribution Trust Fund, which may form part of the report referred to in section 12(1). 

National Development Agency Act 108 of 1998

Section 11(2): The NDA must table a report on its activities during a financial year in Parliament within three months after the end of that financial year.

National Forests Act 84 of 1998

Section 44: The Minister must, within three months of the end of each financial year, submit to Parliament a report on the activities of the National Forest Recreation and Access Trust and submit its audited financial statements. 

Nonprofit Organisations Act 71 of 1997

Section 7: Within six months after the end of each financial year, the Minister must table a written narrative and financial report on the activities of the Directorate for Nonprofit Organisations for the previous financial year in Parliament.

6.1.11	The following Acts require reports to be tabled in the National Council of Provinces and in the National Assembly within 14 days after the Minister or other recipient has received them, if Parliament is then in session or, if Parliament is not then in session, within 14 days of the beginning of the next session: 
Black Authorities Act 68 of 1951

Section 8A(4)-(6): The Minister must table the reports on the books and accounts of territorial authorities and of tribal and regional authorities, submitted by the Auditor-General, as well as a special report and the tribunal authority’s comments to it as stipulated by Section 8A(4)(b). 

Lake Areas Development Act 39 of 1975

Section 20(2): The Minister must table the annual report submitted by the Lake Areas Development Board relating to its activities during that financial year. 

Occupational Diseases in Mines and Works Act 78 of 1973

Section 122: The Minister shall table any annual report furnished under Section 8 (annual report of the Director of the Medical Bureau for Occupational Diseases) or 77 of the Act (annual report of the Compensation Commissioner for Occupational Diseases).  

Post Office Act 44 of 1958

Section 120A: The Minister must table the annual reports submitted by the Director-General of the Department of Communications.  Further, the Minister must table the audited annual financial statements submitted by the successor companies incorporated in accordance with the Act.

Water Research Act 34 of 1971

Section 14(3): The Minister must table the annual report submitted by the Water Research Commission after the end of each financial year.

6.1.12	The following Acts require reports to be tabled in the NCOP and the NA by the Minister (or such other person as may be indicated) as soon as practicable after they have been submitted to the Minister (or such other person): 
Estate Agency Affairs Act 112 of 1976

Section 11: The Minister must, as soon as may be practicable, lay the annual reports, including annual financial statements properly audited, and other information in connection with the functions and financial position of the board, submitted by the Estate Agency Affairs Board, upon the Table of the National Council of Provinces and of the National Assembly.

National Economic, Development and Labour Council Act 35 of 1994

Section 8: Any report of the National Economic, Development and Labour Council, including the annual report or a report on any proposed legislation or policy relating to or affecting social and economic matters shall be submitted to the Minister and every such report shall as soon as practicable be laid upon the Table of the National Council of Provinces and of the National Assembly.

State Trust Board Act 88 of 1979

Section 10: The Minister shall as soon as possible lay on the Table in the National Council of Provinces and in the National Assembly those reports submitted by the State Trust Board, which in the opinion of the Minister may be made known without prejudice to the security of the State or its foreign relations.

Acts that don’t fit into the above categories:
The Constitution of the Republic of South Africa, 1996

Section 222: The Financial and Fiscal Commission must report regularly to Parliament.

Anti-Personnel Mines Prohibition Act 36 of 2003

Section 27(1)(a)(ii): The Minister must gather, record and disseminate information in compliance with the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction and must report to Parliament on the Republic's compliance with the Convention within two weeks after the Minister has reported to the Secretary-General of the United Nations, through the Minister of Foreign Affairs. 

Disaster Management Act 57 of 2002

Section 18: This section empowers the National Disaster Management Centre, established by this Act, to request information from any organ of state or person in possession of information in terms of this Act. If an organ of state fails to comply with a request, the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament.

Section 25: This section obliges each national organ of state indicated in the national disaster management framework, prescribed by the Minister in terms of this Act, to prepare a disaster management plan, to co-ordinate and align the implementation of its plan with those of other organs of state and institutional role-players, and to regularly review and update its plan. A national organ of state must submit a copy of its disaster management plan and of any amendment to the plan to the National Disaster Management Centre. If a national organ of state fails to submit a copy of its disaster management plan, the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to Parliament.

Finance and Financial Adjustments Acts Consolidation Act 11 of 1977

Section 39: The Minister of Finance shall as soon as possible after 31 March of each year lay on the Table of the National Council of Provinces and of the National Assembly a statement in which the receipts of and expenditure from the accounts established in terms of this section, are shown in respect of the year ending on the said date.

Internal Security Act 74 of 1982

Section 72	Reports to Parliament

Whenever a gathering has been prohibited under the provisions of section 46(3) of this Act, the Minister shall report the circumstances to Parliament within fourteen days after the date of the prohibition if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.

Inventions Development Act 31 of 1962

Section 13(2): The Minister shall lay the annual report, including any statements of account submitted therewith, by the Southern African Inventions Development Corporation on the Table in Parliament within seven days after receipt thereof by him, if Parliament is in ordinary session, or if Parliament is not in ordinary session, within seven days after the commencement of its next ensuing ordinary session.

Lotteries Act 57 of 1997

Sections 18(2): If the licence for the National Lottery ceases to be valid in terms of subsection (1), the Minister or the National Lotteries Board, as the case may be, shall forthwith inform the licensee and Parliament in writing of that fact and of the date upon which the licence ceased to be valid, and if Parliament is not then in session, it shall be so informed on the first day of the next session.

National Education Policy Act 27 of 1996

Section 8(6): If a report submitted by the Department indicates that a province is not complying with the Constitution or with the national educational policy in providing education, the Minister shall require the provincial political head of education to prepare a plan within 90 days to remedy the situation. The Minister shall table the plan in Parliament with his or her comments within 21 days of receipt, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 21 days after the commencement of the first ensuing ordinary session of Parliament.

Promotion of National Unity and Reconciliation Act 34 of 1995 

Section 44: The President shall, in such manner as he or she may deem fit, bring the final report of the Truth and Reconciliation Commission to the notice of the Nation, among others, by laying such report, within two months after having received it, upon the Table in Parliament.

Public Finance Management Act 1 of 1999

Section 8(3) and (5): The Minister must submit to Parliament, for tabling in both houses, the consolidated financial statements set out in subsection (1)(a), and the audit report on those statements, within one month of receiving the report from the Auditor General. If the Minister fails to do so within seven months after the end of the financial year to which the statements relate, the Minister must submit to Parliament a written explanation setting out the reasons why they were not submitted. 

Section 16(4)(a) and (5): Where the Minister authorises the use of funds from the National Revenue Fund  to defray expenditure of an exceptional nature which is currently not provided for and which cannot, without serious prejudice to the public interest, be postponed to a future parliamentary appropriation of funds, such amount must be reported to Parliament and the Auditor-General within 14 days, or if the funds are authorised for the deployment of the security services, within a period determined by the President. The report must be submitted to the National Assembly for tabling in the Assembly and made public.

Section 40(1)(e)-(f): The accounting officer for a department, trading entity or constitutional institution must, in the case of a constitutional institution, submit to Parliament that institution's annual report and financial statements referred to in paragraph (d), and the Auditor-General's report on those statements, within one month after the accounting officer received the Auditor-General's audit report. The accounting officer is also responsible for the submission by the department or constitutional institution of all reports, returns, notices and other information to Parliament.

Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act 32 of 2002

Section 2	Names of reinstated persons to be submitted to Parliament

The Cabinet member responsible for the administration of justice must cause the name of any person who was reinstated to the roll of advocates or attorneys in terms of section 1 to be submitted to Parliament.

South African Maritime Safety Authority Act 5 of 1998

Section 41(3): Where the Minister of Finance guarantees compliance by the South African Maritime Safety Authority with obligations incurred by it under section 40, that Minister must cause to be tabled in Parliament within 15 sitting days after the contract is entered into, notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as that Minister considers appropriate.

South African Transport Services Conditions of Service Act 41 of 1988

Section 8(7): The Minister shall table the annual report submitted by the Chairman of the Labour Council in Parliament within 21 days after it has been received by the Minister, if Parliament is then in session or, if Parliament is not then in session, within 21 days after the commencement of its next ensuing session.

Value Added Tax Act 89 of 1991

Section 62	Publication of names of tax offenders 

The section provides that the Commissioner may from time to time publish for general information particulars of tax offenders as specified in this section. A copy of every notice published under this section shall be laid upon the Table in Parliament.

6.2	Reports to be submitted to the National Assembly only
6.2.1		The following Acts require reports to be tabled in the National Assembly within 14 days after the Minister or other recipient has received it, if the National Assembly is then in session or, if the National Assembly is not then in session, within 14 days of the beginning of the next session: 
Community Development Act 3 of 1966

Section 25: The Minister must table a copy of the annual report submitted by the Director-General of the Community Development Board. 

Pan South African Language Board Act 59 of 1995

Section 10B(4): The Minister must table the audited financial statements and auditor’s report of the Pan South African Language Board.  

Section 12(1)(b)(ii): The Pan South African Language Board must submit a quarterly report to Parliament.  

Promotion of Local Government Affairs Act 91 of 1983

Section 7: The Minister must table the annual report submitted by the Director-General on the activities of the Council for the Co-ordination of Local Government Affairs, containing a summary of all recommendations submitted by the co-ordinating council to the Government during the year in question. [note: it appears that the Council is no longer operational, but the section remains in force]

The South African National Roads Agency Limited and National Roads Act 7 of 1998

Section 37(3): The Minister must table the annual report of the South African National Roads Agency.

6.2.2		The following Acts require reports to be tabled by the Minister (or such other person as may be indicated) in the National Assembly as soon as possible after they have been submitted to the Minister (or such other person).
Electoral Commission Act 51 of 1996

Section 14: The Electoral Commission must annually submit to the National Assembly, as soon as possible at the end of each financial year, an audited report as specified in this section, in respect of each financial year. 

6.2.3		The following Acts require reports to be tabled by the Minister, or by another person (such as the Speaker) in the National Assembly without a time being specified:
Broadcasting Act 4 of 1999

Section 20(3): The Minister must table the annual financial statements of the South African Broadcasting Corporation, Limited, drawn up as directed by the Minister.

Section 28: The Minister must also table in Parliament the annual report furnished by the Board of the South African Broadcasting Corporation, within seven days of its receipt, or if Parliament is not then in session, within seven days after the commencement of its next ensuing session.

Section 32(8): As soon as possible after conducting an investigation into the viability and impact of community television, as referred to in Section 32(7), the Broadcasting Authority must submit a report to the Minister and Parliament. [note: the statute refers to subsection 32(10), which does not exist. The context indicates that the correct subsection is 32(7)]

Commission on the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002

Section 8(a): The Commission on the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, established by section 185 of the Constitution, must report annually to the National Assembly on its activities and the performance of its functions.

Companies Act 61 of 1973

Section 11: The Minister must table the annual report submitted by the Registrar of the Companies Registration Office containing information concerning the registration of companies.

Promotion of Access to Information Act 2 of 2000

Section 83(1)(b): The Human Rights Commission must submit annual reports to the National Assembly as contemplated in section 84, as referred to also in section 181 (5) of the Constitution.

Section 91A(7): The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6) of this section.

6.2.4		The following Acts require reports to be tabled “ promptly”, “forthwith” or “without delay” in the National Assembly:
Public Finance Management Act 1 of 1999

Section 62(3): The executive authority responsible for a public entity in respect of which the Auditor-General has issued a special report in terms of subsection (1) or (2), must promptly table the report in the National Assembly or the relevant provincial legislature, as may be appropriate.

6.2.5		The following acts require reports to be tabled in the National Assembly within 30 days after receipt by the Minister if Parliament is then in session, of if Parliament is not then in session, within 30 days after the commencement of the next ensuing session:
Perishable Products Exports Control Act 9 of 1983

Section 16	Reports by board

Section 16: The Minister must table the annual report of the Perishable Products Export Control Board, accompanied by an audited balance sheet, and an audited full statement, of the board's income and expenditure in respect of that financial year.

6.2.6		The following acts require reports to be tabled in the National Assembly within 30 days (or one month) after their receipt by the Minister, if Parliament is then sitting, or, if Parliament is not sitting, within 14 days of the commencement of the next sitting:
Unemployment Insurance Act 63 of 2001

Section 58(13): The Minister must table the annual report submitted by the Director General of the Department of Labour and any officer in the Department of Labour to whom the Director-General has delegated any function pursuant to his power under this Act. 

6.2.7		The following Act requires reports to be tabled in the National Assembly on a periodic basis, but without specified times:
The Constitution of the Republic of South Africa, 1996

Section 181(5): The Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Commission for Gender Equality, the Auditor-General, and the Electoral Commission must report on their activities and the performance of their functions to the Assembly at least once a year.

Section 196(6): The Public Service Commission must report at least once a year in respect of its activities and the performance of its functions, including steps taken to ensure that the public administration is governed by the democratic values and principles enshrined in the Constitution.

Atmospheric Pollution Prevention Act 45 of 1965

Section 47(6): The Minister shall each year table in the National Assembly all notices, reports and complaints received by him in terms of subsection (3), which provides for the control of smoke emitted from premises as a result of the operation of any fuel burning appliance controlled by the State. 

Public Finance Management Act 1 of 1999

Section 28(1): The Minister must annually table in the National Assembly a multi-year budget projection, as set forth therein. 

Section 70(4): A Cabinet member responsible for issuing a guarantee, indemnity or security in accordance with subsection (1)(a) or (b), must at least annually report the circumstances relating to any payments under such guarantee, indemnity or security  to the National Assembly for tabling in the Assembly.

Acts that don’t fit into the above categories:
Competition Act 89 of 1998

Sections 21 and 41: The Minister must table the following reports in the National Assembly within 10 business days after their receipt from the Competition Commission, or, if Parliament is not then sitting, within 10 business days after the commencement of its next sitting:
(a)	any report submitted in terms of Section 21(1)(k); 
(b)	any report submitted in terms of Section 21(2) that deals with a substantial matter relating to the purposes of the Act; 
(c)	annual reports submitted in terms of Section 41(1). 

Public Finance Management Act 1 of 1999

Section 65(1)-(2): The executive authority responsible for a department or public entity must table in the National Assembly or a provincial legislature, as may be appropriate:

(a)	the annual report and financial statements referred to in section 40(1)(d) or 55 (1) (d) and the audit report on those statements, within one month after the accounting officer for the department or the accounting authority for the public entity received the audit report. If an executive authority fails to table the reports and statements, in accordance with (a) above, within six months after the end of the financial year to which those statements relate the executive authority must table a written explanation in the relevant legislature setting out the reasons why they were not tabled; and 

(b)	the findings of a disciplinary board, and any sanctions imposed by such a board, which heard a case of financial misconduct against an accounting officer or accounting authority in terms of section 81 or 83. 

6.3	Reports to be submitted to the National Council of Provinces only
6.3.1		The following Acts require reports to be submitted to the National Council of Provinces: 
Local Government: Municipal Systems Act 32 of 2000

Section 47(3): Each MEC for local government must submit to the NCOP a copy of his or her annual consolidated report on the performance of the municipalities in the province.

Section 106(3): Should an MEC issue a notice under Section 106(1)(a) of the Act, requesting the municipal council or municipal manager to provide certain information, or designate a person to conduct an investigation in terms of subsection (1)(b), he or she must submit a written statement to the NCOP motivating the action.

6.4	Reports to be submitted to Parliamentary Committees
6.3.1		The following Acts require reports to be submitted to Parliamentary Committees: 
Housing Act 107 of 1997

Section 14(9)(c): The Minister must report quarterly to the parliamentary committees for housing of the National Assembly and the National Council of Provinces on the progress with the implementation of the national housing programme to phase out the housing subsidies listed in Section 14(9)(a). 

Marketing of Agricultural Products Act 47 of 1996

Section 9(2): Copies of all reports which are submitted to the Minister by the National Agricultural Marketing Council in terms of subsection (1) (concerning, without limitation, statutory and regulatory measures affecting the marketing of agricultural products), shall simultaneously be despatched to the Select and Portfolio Committees of Parliament responsible for agricultural affairs. 

Section 11(6): If a request is made for the introduction, amendment or repeal of a levy, as set forth therein, the National Agricultural Marketing Council shall send a copy of its recommendations to the parliamentary committees for their information.

National Conventional Arms Control Act 41 of 2002

Section 23(1)(b)-(c): The National Conventional Arms Control Committee must make quarterly reports to the Cabinet and a committee of Parliament determined by Parliament on all conventional arms exports concluded during the preceding quarter and, at the end of the first quarter of each year, present to Parliament and release to the public an annual report on all conventional arms exports concluded during the preceding calendar year.

South African Police Service Act 68 of 1995

Section 8(6): When Cabinet or the Executive Council has lost confidence in either the National or Provincial Commissioner, a board of inquiry is established in terms of section 8. In terms of subsection (6), the board must submit its report and recommendations to the standing committees of the National Assembly and the National Council of Provinces responsible for safety and security affairs, among others.

6.5	Reports that may be tabled

Auditor-General Act 12 of 1994

Section 4(5):  A report referred to in section 193 (2) of the Constitution, in respect of the accounts of a local government, and of any statutory body established or constituted by or under any law on provincial government level or is under control of a province, shall not be submitted to Parliament in terms of section 193 (7) of the Constitution, except where the Auditor-General deems it to be in the public interest, in which case he or she may submit such report, to the provincial legislature or to Parliament, as the case may be, or to a body of such legislature or of Parliament designated for such purpose. The Auditor-General may, whenever he or she deems it to be in the public interest, report on any matter concerning the powers vested in him or her and submit such report to Parliament or the provincial legislature concerned or a body of Parliament or a provincial legislature designated for this purpose.

Security Forces Board of Inquiry Act 95 of 1993

Section 13: A report submitted to the State President in accordance with the provisions of this Act may be tabled in Parliament, except insofar as the publication thereof is prohibited by any law.

7.	CONSULTATION WITH PARLIAMENT
The Constitution of the Republic of South Africa, 1996

Section 91	Cabinet

The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly. Rules 149 and 150 of the Joint Rules of Parliament provide for the specific responsibilities of the leader of government business in Parliament.

Correctional Services Act 111 of 1998

Section 83	Structure of National Council

The Minister must appoint a National Council of Correctional Services. Four or more persons who are not in the full-time service of the State or members of Parliament must be appointed, after consultation with the Portfolio Committee on Correctional Services, as representatives of the public.

Executive Members’ Ethics Act 82 of 1998

Section 2	Code of ethics 

The President must, after consultation with Parliament, by proclamation in the Gazette, publish a code of ethics prescribing standards and rules aimed at promoting open, democratic and accountable government and with which Cabinet members, Deputy Ministers and MECs must comply in performing their official responsibilities.

C. Appointment, Terms of Office and Removal of Office bearers

1.	PARLIAMENT TO PLAY AN ACTIVE ROLE IN PROCEEDINGS

1.1	Constitutional provisions and constitutionally mandated legislation
1.1.1	Chapter 8: Courts and Administration of Justice

The Constitution of the Republic of South Africa, 1996

Section 174	Appointment of judicial officers

Appointment of Judicial Officers other than the Chief Justice, the Deputy Chief Justice, and other judges of the Constitutional Court, must be appointed in terms of an Act of Parliament which must ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against, these judicial officers take place without favour or prejudice.

Section 176	Terms of office and remuneration

An Act of Parliament may extend the fixed term of office of a Constitutional Court judge. Other judges hold office until they are discharged from active service in terms of an Act of Parliament.

Section 177	Removal

The National Assembly may call for a judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members. The judge will be removed from office if, in addition, the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct. 

Section 178	Judicial Service Commission

The National Assembly must designate six persons from among its members, at least three of whom must be members of opposition parties represented in the Assembly, to serve on the Judicial Service Commission. The National Council of Provinces must designate four permanent delegates with a supporting vote of at least six provinces to serve on the Judicial Service Commission. The President designates a further four persons after consulting the leaders of all the parties in the National Assembly.

National legislation may assign powers and functions to the Judicial Service Commission.

Section 179	Prosecuting authority

This section provides that the National Director of Public Prosecutions is appointed by the President. It does not foresee the involvement of Parliament in appointment procedures, but provides that the prosecuting authority must be structured in terms of an Act of Parliament.

Judges’ Remuneration and Conditions of Employment Act 47 of 2001

Section 2	Remuneration of Constitutional Court judges and judges

A Constitutional Court judge or judge is paid an annual salary and such allowances or benefits as determined by the President by notice in the Gazette. Such a notice must be submitted to Parliament for approval before publication, and Parliament must, by resolution, approve the notice, whether in whole or in part, or disapprove the notice. A judge is further entitled to an allowance at the rate of R 3500 per annum, which shall not be taxable, unless Parliament expressly provides otherwise.

Supreme Court Act 59 of 1959 

Section 10	Appointment, remuneration and tenure of office of judges

[note: though this section remains in force, it stands in conflict with appointment mechanisms provided for in the Constitution and is thus superseded by the constitutional provisions]

National Prosecuting Authority Act 32 of 1998

This Act gives effect to section 179 of the Constitution which establishes the National Prosecuting Authority. Section 179(1) provides that the National Director of Public Prosecutions is appointed by the President, and that Directors of Public Prosecutions and prosecutors are determined by an Act of Parliament.

Section 7	Investigating Directorates

This section provides for the establishment of an Investigating Directorate, to be known as the Directorate of Special Operations. The President may, by proclamation in the Gazette, establish not more than two additional Investigating Directorates in the Office of the National Director. Any proclamation issued in terms of this section must be submitted to Parliament before publication in the Gazette.

Section 12	Term of office of National Director and Deputy National Directors

This section allows the President to remove the National Director of Public Prosecutions and the Deputy National Directors from office. The removal of the National Director or a Deputy National Director, the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days if Parliament is then in session, alternatively within 14 days after the commencement of its next ensuing session. Parliament shall, within 30 days after the message has been tabled, or as soon thereafter as is reasonably possible, pass a resolution as to whether to recommend the  restoration of the National Director or Deputy National Director to his or her office. The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves. 

The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session is presented to the President, praying for such removal on the grounds of misconduct, continued ill-health, incapacity to carry out his or her duties of office efficiently, or because he or she is no longer a fit and proper person to hold the office concerned.

Section 18	Remuneration of Deputy Directors and prosecutors

This section allows the Minister to determine the scale of payment for a Deputy Director or prosecutor by notice in the Gazette. The notice must be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. Parliament may by resolution disapprove the notice or any provision thereof and notice or provision thereof shall lapse prospectively to the extent to which it is disapproved. The salary payable to a Deputy Director or a prosecutor shall not otherwise be reduced except by an Act of Parliament. 

1.1.2	Chapter 9: State Institutions supporting Constitutional Democracy

The Constitution of the Republic of South Africa, 1996

Section 193	Appointments

A committee of the Assembly proportionally composed of members of all parties represented in the Assembly must nominate persons to be appointed to the office of the Public Protector, the Auditor-General and as members of the South African Human Rights Commission, the Commission for Gender Equality, and the Electoral Commission. The National Assembly must approve the nominations in accordance with the section.

The President must make the relevant appointments on the recommendation of the National Assembly.

Section 194	Removal from office

The Public Protector, the Auditor-General and members of the South African Human Rights Commission, the Commission for Gender Equality, and the Electoral Commission may only be removed from office once the National Assembly has made a finding of misconduct, incapacity or incompetence and has called for that person's removal by way of a resolution in terms of this section. Upon the National Assembly's resolution the President must remove that person from office.

Public Protector Act 23 of 1994

This Act regulates the office of the Public Protector provided for by the Constitution in section 182. Though the Act contains appointment and removal procedures, these must be considered in light of the provisions of sections 193 (Appointments) 194 (Removal from Office) of the Constitution.

Section 2	Remuneration, vacancies in office and other terms and conditions of employment of Public Protector

This Act requires that the National Assembly refer decisions regarding the appointment and removal of the Public Protector and the Deputy Public Protector, in terms of sections 193 and 194 of the Constitution and section 2A of this Act respectively, to a committee of the National Assembly. 

The committee shall also advise the National Assembly regarding the remuneration and other terms and conditions of employment of the Public Protector.

The National Assembly or, if Parliament is not in session, the committee may allow a Public Protector to vacate his or her office on account of continued ill-health, or at his or her request. The request must be made with three months notice unless the National Assembly or the committee allows a shorter period in a specific case. In the event that the committee allows a Public Protector to vacate his or her office, the National Assembly must be notified by the chairperson of the committee and must ratify the committee's decision.

The Public Protector may, at any time, approach the committee with regard to any matter pertaining to the office of the Public Protector.

Section 2A	Appointment, remuneration and other terms and conditions of employment, vacancies in office and removal from office of Deputy Public Protector

This section provides that the President appoints the Deputy Public Protector on the recommendation of the National Assembly for a fixed period not exceeding seven years. The National Assembly must recommend a person nominated by the committee, and approved by the National Assembly by a resolution supported by the majority of the members. The National Assembly determines the remuneration and other terms and conditions of employment of the Deputy Public Protector upon the advice of the committee.

The Deputy Public Protector may be removed from office only if the committee makes a finding of misconduct, incapacity or incompetence and the National Assembly adopts a resolution, supported by the majority of members, calling for his or her removal from office. The President must then remove the Deputy Public Protector from office.

Section 3	Staff of Public Protector

A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector shall be tabled in the National Assembly within 14 days after such determination. The National Assembly may disapprove of any determination with prospective effect only.

Human Rights Commission Act 54 of 1994

This Act regulates the Human Rights Commission provided for in the Constitution in section 184. Though the Act contains appointment and removal procedures, these must be considered in light of the provisions of sections 193 (Appointments) 194 (Removal from Office) of the Constitution. As there is an inconsistency in the procedures provided in the Act, the Constitutional provisions take precedence. 

Commission on the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002

This Act regulates the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities provided for by the Constitution in section 185. Section 186 of the Constitution provides that appointment and terms of office of members of the Commission must prescribed in National Legislation.

Section 17	Removal from office

A member of the Commission may be removed from office, but only if a committee of the National Assembly finds the member guilty of misconduct or rules that the member is incompetent or incapable of performing a member's functions, and the National Assembly adopts a resolution supported by the majority of members calling for that member's removal from office. The President must then remove the member from office.

Commission on Gender Equality Act 39 of 1996

This Act regulates the Commission on Gender Equality provided for in the Constitution in section 187. Though the Act contains appointment and removal procedures, these must be considered in light of the provisions of sections 193 (Appointments) 194 (Removal from Office) of the Constitution. As there is an inconsistency in the procedures provided in the Act, the Constitutional provisions take precedence. 

Section 7	Staff of Commission

A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days after such determination. If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.

Section 8	Remuneration and allowances of members of Commission

A document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be tabled in Parliament. If Parliament disapproves of any determination, the determination shall cease to be of force to the extent to which it is disapproved.

Electoral Commission Act 51 of 1996

This Act regulates the Electoral Commission provided for in the Constitution in section 185. Though the Act contains appointment and removal procedures, these must be considered in light of the provisions of sections 193 (Appointments) 194 (Removal from Office) of the Constitution. As there is an inconsistency in the procedures provided in the Act, the Constitutional provisions take precedence. 

1.1.3	Chapter 10: Public Administration

The Constitution of the Republic of South Africa, 1996

Section 196	Public Service Commission

In terms of subsections (7) and (8), a multi-party committee of the National Assembly must recommend five commissioners to be appointed to the Public Service Commission and the recommendation must be approved by the National Assembly. 

In terms of subsection (9) an Act of Parliament must regulate the procedure for the appointment of commissioners.

In terms of subsection (11) and (12) a commissioner appointed upon the recommendation of the National Assembly may be removed from office once the National Assembly has made a finding of misconduct, incapacity or incompetence and has called for that person's removal by way of a resolution in terms of this section. Upon the National Assembly's resolution calling for that commissioner's removal the President must remove that person from office.

Public Service Commission Act 46 of 1997

Section 4	Appointment of commissioners

This section elaborates on section 196 of the Constitution which establishes the Public Service Commission. It provides that whenever the President is required to appoint a commissioner who has been approved by the National Assembly, the President shall address a written request to the Speaker of the National Assembly that it approve of a person in accordance with section 196 of the Constitution. Section 196 requires that a commissioner must be recommended by a committee of the National Assembly that is proportionally composed of members of all parties represented in the Assembly and approved by the Assembly by a resolution adopted by a majority of members. 

Public Service Act 1994 (Proclamation 103 published in Government Gazette 15791 of 3 June 1994)

Section 16	Retirement and retention of services

An officer, other than a member of the services or an educator or a member of the Agency or the Service, may be retained in his or her post beyond the prescribed age of retirement with the approval of the relevant executing authority for further periods which shall not, except with the approval of Parliament granted by resolution, exceed in the aggregate two years. 

1.1.4	Chapter 11:Security Services

The Constitution of the Republic of South Africa, 1996

Section 210	Powers, functions and monitoring

In terms of this section the President must appoint an inspector to conduct civilian monitoring of the activities of the security services, and the appointment must be approved by the National Assembly by way of a resolution adopted with a supporting vote of at least two thirds of its members.

Intelligence Services Oversight Act 40 of 1994

Section 7	Inspector-General

This section provides for the appointment of the Inspector-General of Intelligence by the President, after the person has been nominated by the Committee and the nomination has been approved by the National Assembly by a resolution supported by at least two thirds of its members. 

South African Police Service Act 68 of 1995

This Act provides for the appointment of the National and Provincial Commissioners of the South African Police Service and for civilian oversight over the police service in compliance with sections 207 and 208 of the Constitution.

Section 8	Loss of confidence in National or Provincial Commissioner

This section provides for the situation in which either the National or Provincial Commissioners has lost the confidence of Cabinet or the Executive Council. In both cases, a board of inquiry is established in terms of this section, which must submit its report and recommendations to Parliament, among others. 

Section 45	Retirement

This section deals with the retirement of a member of the South African Police Service. A member may be retained beyond the mandated retirement age for further periods which shall not, except with the approval by resolution of Parliament, exceed the aggregate of five years.

Section 51	Appointment of Executive Director

The Minister shall nominate a suitably qualified person for appointment to the office of Executive Director to head the Independent Complaints Directorate in accordance with a procedure to be determined by the Minister in consultation with the Parliamentary Committees. The Parliamentary Committees shall confirm or reject the nomination within 30 parliamentary working days. If the nomination is confirmed, the person shall be appointed as Executive Director. 

The Executive Director may be removed from his or her office under the circumstances and in the manner prescribed by the Minister in consultation with the Parliamentary Committees.

1.2	Ordinary legislation

Advisory Board on Social Development Act 3 of 2001

Section 4	Duties of Board

This section provides for ongoing communication, including formal meetings, between the Advisory Board on Social Development and other bodies, including the parliamentary committees on Social Development of the National Assembly and the National Council of Provinces.

Section 5	Composition and appointment of Board

Members of the Advisory Board on Social Development are appointed by the Minister and include at least persons who have knowledge or experience of social development and are actively involved in the social development sector. These persons must be appointed only after the parliamentary committees on Social Development of the National Assembly and the National Council of Provinces have made recommendations to the Minister regarding such appointment.

Agricultural Research Act 86 of 1990

The Act establishes the Agricultural Research Council. 

Section 9	Constitution of Council

This section provides for the appointment of a member to serve on the council. The Portfolio and Select Committees of Parliament responsible for agricultural affairs, and others, submit the names of suitable candidates to the Minister, who makes the appointment in accordance with the section. Within 30 days after making any appointment the Minister shall inform the Portfolio and Select Committees in writing of the appointment made.

Audit Arrangements Act 122 of 1992

Section 31	Retirement and retention of services

This section deals with the retirement of a person appointed permanently in a post on the fixed establishment, who may be retained beyond the mandated retirement age of 65 years. If it is in the public interest to retain an officer in his post he may be so retained from time to time, on the recommendation of the Board and with the approval of the Auditor-General, for further periods which shall not, except with the approval, by resolution, of Parliament, exceed in the aggregate two years.

Broadcasting Act 4 of 1999

Section 13	Members of Board

The twelve non-executive members of the Board of the South African Broadcasting Corporation must be appointed by the President on the advice of the National Assembly.

Housing Consumers Protection Measures Act 95 of 1998

Section 4	Composition of Council

The members of the National Home Builders Registration Council are appointed by the Minister for no more than three years at a time. The members of the Council shall be appointed only after the Minister has publicly invited nominations has consulted with the MEC of every province and the parliamentary committees for housing of the National Assembly and the National Council of Provinces. This does not apply to the filling of a vacancy.

Section 23	Council Advisory Committee

The members of the Council Advisory Committee on National Home Builder Registration Council Matters are appointed by the Minister after the Minister has publicly invited applications for the respective positions and the Minister has consulted with the MEC of every province and the parliamentary committees for housing of the National Assembly and the National Council of Provinces. This does not apply to the filling of a vacancy.

Independent Communications Authority of South Africa Act 13 of 2000

This Act establishes the Independent Communications Authority of South Africa which acts through a Council. 

Section 5	Constitution of and appointment of councillors to Council

The Council consists of seven councillors appointed by the President on the recommendation of the National Assembly according to the principles of public participation, transparency and openness, and the publication of a shortlist of candidates for appointment. The same process applies to the filling of a vacancy in terms of section 9 of this Act. Any councillor appointed in terms of section 9 holds office for the rest of the period of the predecessor's term of office, unless the National Assembly directs that such councillor holds office for a longer period which may not exceed four years.

Section 8	Removal from office

This section provides that a councillor may be removed from office on account of misconduct, inability to perform the duties of his or her office efficiently, unreasonable absence from Council meetings, engaging in paid work that interferes with the performance of the councillor’s functions, failure to disclose a conflicting interest, or becoming disqualified from being a councillor in terms of section 6(1) of the Act, but only if the National Assembly makes a finding to that effect and adopts a resolution calling for that councillor's removal from office. The President must then remove that councillor from office.

Lotteries Act 57 of 1997

This Act establishes the National Lotteries Board.

Section 3	Composition of board

The Minister appoints the members of the Board, including a chairperson. The chairperson may be appointed only after the Minister has publicly invited nominations and the relevant committee of the National Assembly has made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the functions of the board.

Marketing of Agricultural Products Act 47 of 1996

Section 4	Constitution of Council

(4) Whenever it is necessary to appoint a member of the National Agricultural Marketing Council, the Minister shall invite the Select and Portfolio Committees of Parliament responsible for agFricultural affairs, among others, to nominate suitable persons. Within 30 days after making any appointment, the Minister shall inform the parliamentary committees in writing of the appointment made.

Media Development and Diversity Agency Act 14 of 2002

This Act establishes the Media Development and Diversity Agency, which acts only through the Board.

Section 4	Constitution of and appointment of members of Board

The Board consists of nine members. Six members of the Board must be appointed by the President on the recommendation of the National Assembly, according to the principles of public participation, transparency and openness, and the publication of a shortlist of candidates for appointment. The Act prescribes the characteristics of suitable candidates and persons who are disqualified from appointment.

Section 6	Removal from office

A member of the Board may be removed from office only if a committee of the National Assembly makes a finding in terms of subsection (1) and the National Assembly adopts a resolution, supported by the majority of members, calling for his or her removal from office. The President must then remove that member from office. Subsection (1) provides for removal of a member because he or she becomes disqualified from being appointed as a member, because of the submission of resignation in writing to the President, because of unreasonable absence from meetings of the Board, because of incompetence or unfitness to perform his or her duties, because of misconduct, or because he or she is found guilty of having a conflicting interest. 

Section 7	Vacancies

A vacancy is filled by the President from the shortlist of nominees referred to in section 4. If an appointment cannot be made in this manner, the National Assembly must, as soon as possible, request nominations, compile a shortlist must make recommendations in terms of section 4. The President must appoint a member recommended by the National Assembly. 

National Environmental Management Act 107 of 1998

This Act establishes the National Environmental Advisory Forum.

Section 4	Composition 

The Forum consists of at least 12 but not more than 15 members appointed by the Minister. Before appointing members to the Forum, the Minister must invite public nominations and consult with  the MECs and the committees of the National Assembly and the National Council of Provinces that scrutinise environmental affairs.

National Gambling Act 33 of 1985

Section 3	Composition of Board

The Act establishes the National Gambling Board. Members of the Board are appointed by the Minister, including a chairperson and two persons who have applicable knowledge or experience of matters connected with the objects of the Board. These members shall be appointed only after the parliamentary committees concerned have made recommendations to the Minister after a transparent and open process of considering persons so nominated.

National Parks Act 57 of 1976

Section 8	Cancellation of appointment of member

The name of every person appointed as a member of the National Parks Board by the Minister shall be tabled in Parliament within fourteen days after the appointment if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session. Parliament may, within thirty days, pass a resolution disapproving of the appointment whereupon the appointment shall be cancelled.

Section 9	Suspension and removal of member from office

The Minister may suspend any member of the board appointed by him from his office for incapacity or misbehaviour. A full statement of the cause of the suspension shall be tabled in Parliament within fourteen days if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session. If, within thirty days, an address is not presented to the Minister by Parliament requesting the retention of the member, the Minister may remove the member from his office.

National Research Foundation Act 23 of 1998

This Act establishes the Foundation

Section 6	Board of Foundation

The National Research Foundation acts through the Board of Foundation that consists of the chief executive officer of the Foundation, by virtue of his office, and of a chairperson and between nine and eleven other members, who are appointed by the Minister. The Minister may only appoint members to the Board in terms of this section after consultation with the relevant committees of the National Assembly and the National Council of Provinces.

National Youth Commission Act 19 of 1996

Section 4	Constitution of Commission

This Act establishes the National Youth Commission. Members of the Commission are appointed by the President on the advice of a committee of Parliament constituted in terms of the rules of Parliament. The appointment process must allow for participation by the public in the nomination process, must be conducted in a transparent and open manner and a shortlist of candidates for appointment must be published.

Promotion of National Unity and Reconciliation Act 34 of 1995 

Section 9	Conditions of service, remuneration, allowances and other benefits of staff of Commission

This section empowers the Truth and Reconciliation Commission to set the conditions of employment for persons appointed or employed by the Commission who are not officials of the State. A document setting out the remuneration, allowances and other conditions of employment determined by the Commission shall be tabled in Parliament within 14 days. If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.

Prevention and Treatment of Drug Dependency Act 20 of 1992

Section 2	Establishment and functions of Central Drug Authority

This section provides for the establishment of a Central Drug Authority. Members of the Authority are appointed by the Minister and shall include not more than 12 persons who have special knowledge of or experience in the problem relating to the abuse of drugs or who are able to make a substantial contribution to the combating of such problem. Such members shall be appointed after the Minister has publicly invited nominations of persons as members of the Drug Authority, and the parliamentary committees for welfare of the National Assembly and the National Council of Provinces have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated.

Remuneration of Public Office Bearers Act 20 of 1998

Section 2	Salary, allowances and benefits of President

The Act provides that the salary, allowances and benefits of the President are to be determined by resolution of the National Assembly.

Restitution of Land Rights Act 22 of 1994

Section 26	Remuneration and conditions of employment of judges

This section provides for the remuneration and conditions of employment of the President and a judge of the Land Claims Court to be determined by the President. An allowance included in the remuneration determined in terms of this section shall not be taxable, unless Parliament expressly provides otherwise.

Road Traffic Management Corporation Act 20 of 1999

This Act provides for the establishment of the Road Traffic Management Corporation and a Shareholders Committee, through which the three spheres of government co-operate with each other and with other persons or bodies concerned with road traffic matters. It is responsible for directing and guiding the proper functioning of the Corporation in the public interest. The Committee may establish a board for the Corporation, and appoints the members to the board. It may do so only after submitting a list of suitable candidates to the committees of Parliament responsible for traffic matters. The committees of Parliament must return a short-list of candidates to the Shareholders Committee.

Section 10	Conditions and period of office of board members

The Shareholders Committee may relieve all the appointed members of the board of their offices collectively on the basis that they have failed to substantially comply with the governance agreement and the business and financial plan, but only if the Committee has notified every member in writing of such failure and has, within seven days of the date of such notification, tabled a copy of the notification in Parliament or, if Parliament is not then in session, published a copy of the notification in the Gazette.

Secret Services Act 56 of 1978

Section 3A	Establishment and functions of Secret Services Evaluation Committee

This Act establishes a Secret Services Evaluation Committee. Members of the Committee are appointed by the President after consultation with the leaders of the opposition parties in Parliament.

South African Civil Aviation Authority Act 40 of 1998

This Act establishes the South African Civil Aviation Authority. 

Section 6	Ministerial order

In terms of this section the Minister may issue an order in respect of aviation matters requiring the Authority to do or not to do what is mentioned in the order. The Minister must cause a copy of every such order to be tabled in Parliament within 14 days of issuing of that order, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Section 8	Composition of Board

The Authority is governed and controlled by a Board. The Board consists of not more than seven members who are appointed by the Minister. The Minister must publicly invite nominations and submit a list of suitable candidates to the relevant committees of Parliament. The committees of Parliament must submit a shortlist of at least ten candidates to the Minister after considering persons nominated, having due regard to the functions of the Authority and the grounds of automatic resignation contained in section 9(3)(c) to (e) of the Act. 

Section 9	Period and conditions of office

The Minister may relieve the appointed members of the Board of their office in terms of this section if the Authority fails to comply with a Ministerial order or adhere to a performance agreement. Every member of the Board is entitled to written notification of the manner in which the Board failed to fulfil its obligations. A copy of the notification must be tabled in Parliament, or, if Parliament is not then in session, must be published in the Gazette.

2.	PARLIAMENT TO BE INFORMED OF APPOINTMENTS AND TERMS OF OFFICE
Administrative Adjudication of Road Traffic Offences Act 46 of 1998

Section 6	Road Traffic Infringement Agency Board

The Minister appoints persons to serve on the Road Traffic Infringement Agency Board, but may do only after publishing a notice in the Gazette indicating the intention to appoint the person and inviting public comment or objections. A copy of the notice must be forwarded to the relevant Parliamentary Committees. The Minister must take into account any comment or objection received.

Independent Commission for the Remuneration of Office-bearers Act 92 of 1997

Section 8	Functions of Commission

This section provides that the Independent Commission for the Remuneration of Public Office-bearers must make recommendations relating to the salary, allowances and benefits of any office-bearer. Such recommendations must be published at least once a year in the Gazette, and must be submitted to Parliament before publication. 

Magistrates’ Courts Act 32 of 1944

Section 9	Appointment of judicial officers

The Minister must cause Parliament and the Magistrates Commission to be informed whenever any vacancy in the office of a magistrate has remained unfilled for a continuous period exceeding three months.

Veterinary and Para-Veterinary Professions Act 19 of 1982

Section 5	Constitution of council

This section provides for the procedure to be followed in designating or electing the members of the South African Veterinary Council. Within 30 days after the commencement of office of the new members of the council, the Minister shall inform the parliamentary committees in writing of the designation or election of the members concerned.

D. Forging links with the Public
	
1.	ADMINISTRATION OF DOCUMENTS

The Constitution of the Republic of South Africa, 1996

Section 82	Safekeeping of Acts of Parliament

The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.

Legal Deposits Act 54 of 1997

Section 6	Places of legal deposit

In terms of this section the Library of Parliament, Cape Town is determined as a place of legal deposit. 

Section 7	Duties of places of legal deposit

The Library must receive, accession, retain and preserve, catalogue or inventories, and ensure freedom of access to documents received in terms of this Act. It must assist the State Library to compile a national bibliography and statistics of the South African production of published documents. It must also assist the South African Library and the National Film, Video and Sound Archives to preserve at least one copy of each document supplied in terms of this Act.

The Library must provide for public access to documents and information in terms of subsection (4).

Section 8	Legal Deposit Committee

This section establishes the Legal Deposit Committee, which has as one of its functions to report to Parliament on the activities and financial affairs of the places of legal deposit.

Part 2:  Alphabetical Source Document

Abolition of Development Bodies Act 75 of 1986

5	Administration of laws

(4) 	(a) If in the application of this Act or any law the administration of which has been transferred to a public authority under subsection (1), it appears that any provision thereof is in conflict with any other law or that administrative problems are being experienced, the State President may by proclamation in the Gazette make regulations in order to remove such conflict or administrative problems.

(5) A copy of any proclamation under subsection (4) shall be tabled in Parliament within 14 days after its promulgation if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of the next ordinary session.

Abolition of Lebowa Mineral Trust Act 67 of 2000
3	Vesting and transfer of assets, liabilities, rights and obligations of Trust

(1) 	(a) Despite any provision to the contrary in any law, all assets, liabilities, rights and obligations of the Trust will vest in the State.

(c) The Minister may, on application by any person who claims any right to minerals referred to in paragraph (b), grant such right to the person concerned if such person produces proof of ownership of such right to minerals as prescribed in terms of section 5.

5	Regulations

The Minister may-

	(a)	after consultation with the relevant Portfolio Committee of Parliament, make regulations regarding the nature of proof required in terms of section 3 (1) (c); and

	(b)	make regulations regarding any matter which is necessary in order to achieve the objects of this Act.

Abolition of Racially Based Land Measures Act 108 of 1991
12	South African Development Trust 

(2) The State President may, in order to bring about the phasing out of the South African Development Trust established under section 4 of the Development Trust and Land Act, 1936 (Act 18 of 1936), by proclamation in the Gazette-

	(a)	transfer any asset (including land) or right acquired and any liability or obligation incurred by the Trust to an Administrator, a Minister or the State, including the government of a self-governing territory, and the Administrator, Minister or State shall, after such transfer, be deemed to have acquired the asset or right or to have incurred the liability or obligation;

	(c)	transfer any person in the service of the Trust to any State department or institution established by or under a law, subject to the adjustments (if any) to the conditions of service, remuneration and pension rights of such a person as specified in the proclamation: Provided that any person who declines such transfer, shall be dealt with in terms of the provisions governing his conditions of service, remuneration and pension rights.

(3) Any transfer or assignment referred to in subsection (2) shall be subject to any term, condition, restriction or direction of the State President as specified in the relevant proclamation.

(4) 	(a) The registrar of deeds in question shall make the necessary entries and endorsements in respect of his registers and other documents, as well as in respect of any relevant documents produced to him, in order to give effect to such a transfer.

	(b) No transfer duty, stamp duty or other fees shall be payable in respect of such transfer, entry or endorsement.

81	Establishment of Advisory Committee on Non-racial Area Measures 

There is hereby established a committee to be known as the Advisory Committee on Non-racial Area Measures (in this Chapter referred to as the Committee).

85	Reports of Committee

(1) The Committee shall annually not later than the first day of March submit to the Minister of Justice a report on all its activities during the previous year.

(2) The report referred to in subsection (1) shall be laid upon the Table in Parliament within 14 days after it is submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

87	Power of State President in relation to certain laws

(4) The provisions of this section shall lapse on 31 December 1994.

88	Tabling of list of proclamations

A list of proclamations issued by the State President under sections 12 and 87 shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such proclamation or any provision thereof, such proclamation or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such proclamation or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such proclamation or such provision before it so ceased to be of force and effect.

Academic Health Centres Act 86 of 1993

10	Control over, and management of, affairs of academic health centre

(1) The affairs of an academic health centre shall be managed and controlled by a supervisory board, which shall generally exercise control over the performance of its functions and the exercise of its powers.

22	Annual report

(1) A supervisory board shall furnish the Minister with the information he may call for from time to time in connection with the financial position of an academic health centre, and shall as soon as practicable after the end of each financial year submit to the Minister a report on its affairs and functions in respect of the preceding financial year, which shall include inter alia the following:

	(a)	An audited balance sheet, including any notes thereon or a document annexed thereto providing the information required by this Act;

	(b)	an audited income statement, including any similar financial statement where it is appropriate, and including any notes thereon or a document annexed thereto providing the information required by this Act;

	(c)	an audited statement of the source and application of funds; and

	(d)	a statement of cash flow information.

(4) As soon as practicable after a report has been submitted to the Minister in terms of subsection (1), he shall table it in Parliament.

Administrative Adjudication of Road Traffic Offences Act 46 of 1998

3	Establishment of agency

(1) The Road Traffic Infringement Agency is hereby established as a juristic person responsible to the Minister.

6	Road Traffic Infringement Agency Board

(1) A Road Traffic Infringement Agency Board, to represent and control the agency, is hereby established, comprising- 

(2) Prior to the appointment of a person to the board, the Minister must- 

	(a)	by notice in the Gazette, publish his or her intention to appoint that person and invite public comment or objections within the period specified in the notice;

	(b)	forward a copy of the notice to the relevant Parliamentary Committees; and

	(c)	take into account any comment or objection received by him or her in accordance with such notice.

7	Functions of board

(2) The board must annually submit a report on the activities of the agency to the Minister for tabling in Parliament.

Advisory Board on Social Development Act 3 of 2001

2	Establishment of Advisory Board on Social Development

A body to be known as the Advisory Board on Social Development is established.

4	Duties of Board

(1) 	The Board, in order to achieve its objectives, must- …

(e)	submit a report-

	(i)	on the activities of the Board to the Minister at least once a year, which report must also be tabled in Parliament; and

		(ii)	whenever requested by the Minister;

(2) 	The Board must establish clear lines of communication, including formal meetings, with structures that it interacts with, including the parliamentary committees on Social Development of the National Assembly and the National Council of Provinces.

5	Composition and appointment of Board

(1) The Board consists of not less than nine but not more than 11 members appointed by the Minister, of whom-

	(a)	at least one, but not more than three, must be a representative from the office of the Minister, the Department or the Heads of Social Development; and

	(b)	at least eight are persons who have knowledge or experience of social development and are actively involved in the social development sector.

(5) The members referred to in subsection (1) (b) must be appointed only after the parliamentary committees on Social Development of the National Assembly and the National Council of Provinces have made recommendations to the Minister regarding such appointment.

Africa Institute of South Africa Act 68 of 2001

2.   	Establishment of Institute.

A juristic person known as the Africa Institute of South Africa is hereby established.
4.   	Establishment and composition of Council, tenure of office and filling of vacancies.

(1)	A Council is hereby established which must control, manage and direct the affairs of the Institute.

16	Auditing, annual and financial reports

(1)	The Auditor-General must audit the accounts and balance sheet of the Council. 

(2)	The Council must- 

(a)	furnish the Minister with such information as he or she may call for in connection with the activities and financial position of the Council; and 

(b)	submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require. 

(3)	The Minister must table the report referred to in subsection (2) (b) in Parliament within 14 days after receipt thereof if Parliament is in session or, if Parliament is not then in session, within 14 days after the commencement of its next session.

Agricultural Research Act 86 of 1990

2	Establishment of Agricultural Research Council

There is hereby established a juristic person to be known as the Agricultural Research Council.

8	Control over, and management of affairs of, ARC

(1) The affairs of the ARC shall be managed by a council, which shall, subject to the provisions of this Act, determine the policy and objectives of the ARC and exercise control generally over the performance of its functions, the exercise of its powers and the execution of its duties.
9	Constitution of Council
(3) 	(a) Whenever a member of the Council has to be appointed, the Minister shall-

	(i)	by notice in the Gazette and other appropriate media, invite persons, stakeholders, the Premier of each province and the Portfolio and Select Committees of Parliament responsible for agricultural affairs to submit to the Minister,  within the period mentioned in the notice, the names of persons who comply with the criteria referred to in paragraph (a) of subsection (2);

(ii)	establish a selection committee consisting of at least three persons, designate a chairperson for the committee and submit to the committee all the nominations received.

(b) The selection committee shall, within 30 days after the signing of the letters of appointment of its members, from the nominations submitted to it by the Minister, compile a short-list of eligible candidates who have knowledge and experience of any matter referred to in subsection (2), and submit it to the Minister.

	(c) The Minister shall appoint such number of members as is required from the short-list of candidates recommended by the selection committee.

	(d) Within 30 days after making any appointment in terms of paragraph (c), the Minister shall inform the Portfolio and Select Committees of Parliament responsible for agricultural affairs in writing of the appointment made.

22	Accounting, auditing and annual report

(3) The Council shall furnish the Minister with such information as he may call for from time to time in connection with the activities and financial position of the ARC and shall as soon as practicable after the end of each financial year submit to the Minister an annual report on the ARC's affairs and functions in respect of that financial year, which shall, inter alia, include-

	(a)	an audited balance sheet, including notes thereon or a document annexed thereto providing information required by this Act;

	(b)	an audited income statement, including any similar financial statement where such form is appropriate, and including any notes thereon or a document annexed thereto providing information required by this Act;

	(c)	a statement of cash flow information;

	(d)	the report of the auditors.

(6) As soon as practicable after a report has been submitted to the Minister in terms of subsection (3), he shall table it in Parliament.

Air Services Licensing Act 115 of 1990

3	Air Service Licensing Council

(1) There is hereby established a council to be known as the Air Service Licensing Council, which shall be a juristic person.

10	Annual report

(1) The council shall as soon as practicable after 31 March of each year but not later than 31 December of that year submit to the Minister a report (hereinafter referred to as the annual report) giving particulars regarding the activities of the council during the year which ended on the first-mentioned date.

(2) The Minister shall lay a copy of the annual report upon the Table in Parliament within thirty days after it has been received by him if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within thirty days after the commencement of its next ensuing ordinary session.

29	Regulations

(1) The Minister may, after consultation with the council, make regulations regarding-

	(a)	any matter which in terms of this Act is required or permitted to be prescribed; 

	(aA)	the information to be furnished by an applicant for the purposes of section 16 (4) (a), and the standards and requirements to be complied with by an applicant for the purposes of that section in relation to the class of licence, type of air service and category of aircraft mentioned in his, her or its application;

	(b)	the issuing and safe-keeping of passenger air transport tickets and the particulars and endorsements to be contained in such tickets; 

	(c)	the issuing and safe-keeping of air waybills and the particulars to be contained in such waybills; 

	(d)	the compilation and safe-keeping of passenger lists and the particulars to be contained in such lists; 

	(f)	the payment of fees in respect of any application made in terms of this Act; 

	(g)	the payment of fees in respect of the reasons for the approval or refusal of an application for a licence; 

	(h)	the payment of fees in respect of the issuance of a licence, or the amendment thereof, including the period within which such fees shall be paid; 

	(j)	the payment of fees in respect of the providing of information from any register which is kept in terms of this Act; and 

	(k)	any other matter the regulation of which, in the opinion of the Minister, may be necessary or desirable in order to achieve or promote the objects of this Act.

(6) Regulations referred to in subsection (1) shall, within 14 days after they have been published under subsection (5), be tabled in Parliament, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the first ensuing ordinary session of Parliament.

Air Traffic and Navigation Services Company Act 45 of 1993

2	Establishment of public company

(1) On a date to be fixed by the Minister by notice in the Gazette there shall be established a public company to be known as the Air Traffic and Navigation Services Company Limited.

3	Share capital of company

(1) The State shall be the holder of the shares in the company.

(2) The said shares shall only be sold or otherwise disposed of with the approval, by resolution, of Parliament.

8	Annual report

(1) The company shall submit to the Shareholding Minister an annual report, including its audited and approved financial statements, within three months of the end of each financial year.

(2) The Shareholding Minister shall lay the said report upon the Table in Parliament within 30 days after the receipt thereof, if Parliament is in session, or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

10	Minister may issue orders

(1) The Minister may by order require the company to do or not to do what is mentioned in the order, if the Minister considers it necessary or expedient so to order- …

(7) The Minister shall lay a copy of every order under subsection (1) of this section, except an order contemplated in subsection (6) of this section, upon the Table in Parliament in the manner contemplated in section 8 (2).

Airports Company Act 44 of 1993

2	Establishment of public company

(1)	 On a date to be fixed by the Minister by notice in the Gazette there shall be established a public company to be known as the Airports Company Limited.

8	Annual report

(1) As long as the State holds any shares in the company, the company shall submit to the Shareholding Minister an annual report, including its audited and approved financial statements in respect of all its business and in respect of each company airport separately, within three months of the end of each financial year.

(2) The Shareholding Minister shall lay the said report upon the Table in Parliament within 30 days after the receipt thereof, if Parliament is in session, or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

10	Minister may issue orders

(1) The Minister may by order require the company to do or not to do what is mentioned in the order, if it is reasonably necessary so to order-

	(a)	in the interest of national security; or

	(b)	to discharge or facilitate the discharge of an international obligation of the State.

(7) The Minister shall lay a copy of every order under subsection (1) of this section upon the Table in Parliament in the manner contemplated in section 8 (2) within 30 days after it was issued.

11	Regulating Committee

(1) There is hereby established a committee to be known as the Regulating Committee.

(7) The Committee shall as soon as practicable after 31 March of each year but not later than 30 June of that year submit to the Minister a report giving particulars regarding the activities of the Committee during the year which ended on the first-mentioned date.

(8) The Minister shall lay a copy of the report mentioned in subsection (7) of this section upon the Table in Parliament in the manner contemplated in section 8(2) within 30 days after it was submitted to him.

Anti-Personnel Mines Prohibition Act 36 of 2003
1	Definitions

'Convention' means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September 1997, which is set out in the Schedule and was signed by the Republic on 3 December 1997 and ratified by the Republic on 26 June 1998;

27	Reporting 

	(1) The Minister must- 

	(a)	gather, record and disseminate information in compliance with the Convention and must report on the Republic's compliance with the Convention- 

	(i)	through the Minister of Foreign Affairs, to the Secretary-General of the United Nations; and 

	(ii)	to Parliament within two weeks after the Minister has made the report contemplated in subparagraph (i); 

	(b)	monitor the Republic's compliance with the Convention; and 

	(c)	keep a record of all exemptions granted in terms of section 7 and a record of all anti-personnel mines destroyed in terms of this Act.

32	Regulations 

	(1) The Minister may, by notice in the Gazette, make regulations regarding- 

	(a)	anything that may or must be prescribed in terms of this Act; and 

	(b)	any administrative or procedural matter which it is necessary to prescribe in order to give effect to the provisions of this Act.

	(2) The Minister must cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after publication thereof.

Application of Resolutions of the Security Council of the United Nations Act 172 of 1993

1	Application of resolutions of Security Council of United Nations

	(1) The State President may by proclamation in the Gazette declare that any resolution taken by the Security Council of the United Nations under the provisions of the Charter of the United Nations shall apply in the Republic to the extent specified in the proclamation, as from a date so specified, and such resolution shall be implemented in the Republic in such manner as the State President may so determine.

2	Tabling of proclamations

	A proclamation issued by the State President under section 1 shall be laid upon the Table in Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves any such proclamation or any provision thereof, such proclamation or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such proclamation or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such proclamation or such provision before it so ceased to be of force and effect.

Armaments Development and Production Act 57 of 1968

2	Establishment of Armaments Development and Production Corporation of South Africa, Limited

(1) As from a date to be fixed by the State President by proclamation in the Gazette, there shall be established a body to be known as the Armaments Development and Production Corporation of South Africa, Limited, which shall be a body corporate, capable of suing and being sued in its corporate name and of performing, subject to the provisions of this Act, all such acts as are necessary for or incidental to the carrying out of its objects, the exercise of its powers and the performance of its functions.

8	Finances of corporation

(4) As soon as may be after the completion of every audit the board shall furnish the Minister with the report of the auditor containing such particulars as may be prescribed, together with a report on the activities of the corporation containing the prescribed particulars, and the Minister shall lay each report and any statements of account accompanying such report on the Table of the Senate and of the House of Assembly within one month after receipt thereof by him, if Parliament is in ordinary session, or if Parliament is not in ordinary session, within one month after the commencement of the next ensuing ordinary session, unless disclosure of any such report may in the opinion of the Minister jeopardize the safety of the State.

10	Winding up of corporation

The corporation shall not be wound up except by or under the authority of an Act of Parliament.

Atmospheric Pollution Prevention Act 45 of 1965

47	Act binds the State

(3) If at any time after the fixed date smoke in excess of the standards prescribed by any order under section 20 (1) (b) or any regulations made under this Act is emitted or emanates from any premises as a result of the operation of any fuel burning appliance controlled by the State (including any provincial administration) the local authority concerned may give notice to that effect through the Minister to the Minister who administers the Department of State concerned or to the Premier concerned who shall cause such steps to be taken as may be necessary and practicable to prevent or minimise the emission of such smoke, and furnish a report to the Minister in regard to any steps taken in pursuance thereof: Provided that where the department concerned is administered by the Minister such notice shall be given to the Minister who shall thereupon cause steps to be taken as aforesaid.

(6) 	(a) The Minister shall each year lay on the Table in the House of Assembly-

	(i)	a copy of every notice sent to him by a local authority in terms of subsection (3) during the preceding calendar year;

	(ii)	a copy of every report submitted to him in terms of subsection (3) or (5) during such calendar year; and

	(iii)	a statement as to any complaints lodged with him during such calendar year under the proviso to subsection (3) and of the steps taken in pursuance thereof.

Attorneys Act 53 of 1979

81	Regulations

(1) The Minister may after consultation with, except in the case of regulations made under paragraph (f) or (g), the Chief Justice of South Africa and after consultation with the presidents of the various societies make regulations determining the following:

	(g)	the acts which shall not be performed by any person other than a practitioner or an agent referred to in section 22 of the Magistrates' Courts Act, 1944 (Act 32 of 1944);

(3) Regulations made under subsection (1) (g) may provide for exemption, either temporarily or permanently or partially or wholly, from the prohibitions therein contained in respect of particular persons or categories of persons or in respect of any specified matter connected with any act mentioned in such regulations: Provided that no exemption granted permanently shall be cancelled or withdrawn unless such cancellation or withdrawal has been approved by resolution of Parliament.

Audit Arrangements Act 122 of 1992

1	Definitions

'Auditor-General' means the person appointed as such in terms of section 2(1) of the Auditor-General Act, 1989 (Act 52 of 1989);

'officer' means a person appointed permanently in a post on the fixed establishment, although the appointment may be on probation;

7	Estimate of revenue and expenditure of Office

(1) The Deputy Auditor-General shall for each financial year in a format determined by the Audit Commission prepare the necessary estimate of revenue and expenditure of the Office, which shall, after approval thereof by the Audit Commission, be forwarded to the Speaker for tabling in Parliament.

(2) If for any reason the Audit Commission does not approve the estimate of revenue and expenditure contemplated in subsection (1), the Auditor-General shall submit the estimate, and the Audit Commission and the Auditor-General shall each submit a report concerning the circumstances that gave rise to non-approval of the estimate, to the Speaker for tabling in Parliament.

10	Annual report

(1) The Deputy Auditor-General shall each year, within six months after the end of the financial year, submit to the Audit Commission a report on the activities of the Office during the said financial year, which shall include the following: …

(3) The Audit Commission shall examine a report submitted to it in terms of subsection (1), state whether, in its opinion, the standards followed in auditing are acceptable, and transmit the report, together with any proposals it may wish to make in connection therewith, not later than 30 November of the year in question to the Speaker, who shall lay it upon the Table in Parliament.

31	Retirement and retention of services

(1) (a) Subject to the provisions of this section, an officer has the right and is obliged to retire from the Office on the date on which he attains the age contemplated in section 16 (1) (a) of the Public Service Act.

(7) If it is in the public interest to retain an officer in his post beyond the age at which he is to be retired in accordance with the provisions of subsection (1), he may with his consent be so retained from time to time, on the recommendation of the Board and with the approval of the Auditor-General, for further periods which shall not, except with the approval, by resolution, of Parliament, exceed in the aggregate two years.

Auditor-General Act 12 of 1994

4	Reports of Auditor-General

(2) The Auditor-General shall, not less than seven days before the date on which he or she submits a report referred to in subsection (1) and section 193 (7) of the Constitution to Parliament or a provincial legislature, transmit a copy thereof to-

		(a)	each Minister;

	(b)	the Member of the Executive Council of a province who is entrusted with the financial matters of such province;

	(c)	the chairperson of the council or board of a statutory body; and

	(d)	the accounting officer,

concerned.

(5) Notwithstanding the provisions of any other law-

	(a)	a report referred to in section 193 (2) of the Constitution in respect of the accounts-

	(i)	of a local government shall not be submitted to the provincial legislature concerned or a body of such legislature concerned or a body of such legislature designated for this purpose;

	(ii)	of a local government, and of any statutory body established or constituted by or under any law on provincial government level or is under control of a province, shall not be submitted to Parliament in terms of section 193 (7) of the Constitution,
except where the Auditor-General deems it to be in the public interest, in which case he or she may submit such report, to the provincial legislature or to Parliament, as the case may be, or to a body of such legislature or of Parliament designated for such purpose.

	(b)	the Auditor-General may, whenever he or she deems it to be in the public interest, report on any matter concerning the powers vested in him or her and submit such report to Parliament or the provincial legislature concerned or a body of Parliament or a provincial legislature designated for this purpose.

Aviation Act 74 of 1962

1	Definitions

'Convention' means the Convention on International Civil Aviation drawn up at Chicago on the seventh day of December, 1944, and adopted by section one of the Aviation Amendment Act, 1947 (Act 42 of 1947), and set out in the First Schedule to this Act, and includes any amendments thereof and additions thereto ratified and proclaimed in accordance with paragraph (b) of subsection (1) of section three;

'Transit Agreement' means the International Air Services Transit Agreement drawn up at Chicago on the seventh day of December, 1944, and adopted by section two of the Aviation Amendment Act, 1946 (Act 41 of 1946), and set out in the Second Schedule to this Act, and includes any amendments thereof and additions thereto ratified and proclaimed in accordance with paragraph (b) of subsection (1) of section three.

3	Power to carry out and apply the Convention and the Transit Agreement

(1) The State President may-

	(a)	issue such proclamations as appear to him necessary for carrying out the Convention or the Transit Agreement and for giving effect thereto or to any of the provisions thereof; and

	(b)	do all things necessary to ratify or cause to be ratified on behalf of the Republic, any amendments of, or additions to, the Convention or the Transit Agreement which may from time to time be made and, by proclamation in the Gazette, declare that the amendments or additions so ratified shall be observed and have the force and effect of law in the Republic.

(2) Copies of any amendments or additions ratified and proclaimed in terms of subsection (1) (b) shall be laid upon the Table of the House of Assembly within fourteen days after the publication of the relative proclamation in the Gazette, if the House of Assembly is then in ordinary session or, if the House of Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Banks Act 94 of 1990

1	Definitions

(2) 	(a) The Minister may, on the recommendation of the Registrar and after consultation with the Governor of the Reserve Bank, by regulation amend the definition of  'deposit' or 'the business of a bank' for the purposes of the application of any of or all the provisions of this Act.

	(b) Every regulation made under paragraph (a) shall be of force and effect unless and until, during the session in which the relevant list has been laid upon the Tables in Parliament in accordance with the provisions of section 17 of the Interpretation Act, 1957 (Act 33 of 1957), every House of Parliament has by resolution disapproved of the regulation, in which event the regulation shall lapse as from a date to be specified in the resolution, but such lapsing of the regulation shall not affect the validity of anything done under such regulation before the date specified in the resolution, and nothing contained in this paragraph shall affect the power of the Minister to make a new regulation as to the subject matter of the regulation which has so lapsed.

4	Registrar and Deputy Registrar of Banks

(1) The Reserve Bank shall, subject to the approval of the Minister, designate an officer or employee in its service as Registrar of Banks, who shall perform, under the control of the said Bank and in accordance with the directions issued by that Bank from time to time, the functions assigned to the Registrar by or under this Act.

(2) The Reserve Bank may, subject to the approval of the Minister, designate so many officers or employees in its service as it may deem necessary, but not exceeding four, as Deputy Registrars of Banks, who shall, subject to the control and directions of the Registrar, be competent to perform any function which the Registrar is permitted or required to perform.

10	Annual report by Registrar

(1) The Registrar shall annually submit to the Minister a report on his or her activities in terms of this Act during the year under review.

(2) The Minister shall lay a copy of the report referred to in subsection (1) upon the Tables in Parliament within 14 days after receipt of such report, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Basic Conditions of Employment Act 75 of 1997

59	Establishment and functions of Employment Conditions Commission

(1) The Employment Conditions Commission is hereby established.

95	Transitional arrangements and amendment and repeal of laws

(1) The provisions of Schedule Three apply to the transition from other laws to this Act. 

(2) The Minister may for the purposes of regulating the transition from any law to this Act add to or change Schedule Three. 

(3) Any addition or change to Schedule Three must be tabled in the National Assembly and takes effect- 

	(a)	if the National Assembly does not pass a resolution that the addition or change is not binding within 14 days of the date of the tabling; and

		(b)	on publication in the Gazette.

Schedule One: Procedures for progressive reduction of minimum working hours

5	Reports

(1) The Department of Labour must, after consultation with the Commission- 

	(a)	monitor and review progress made in reducing working hours; 

	(b)	prepare and publish a report for the Minister on the progress made in the reduction of working hours. 

(2) The Department must publish reports every two years.

(3) The reports must be tabled at Nedlac and in Parliament by the Minister.

Schedule Three: Transitional Provisions

1	Definitions

	 For the purposes of this Schedule-

	'Basic Conditions of Employment Act, 1983' means the Basic Conditions of Employment Act, 1983 (Act 3 of 1983);

	'domestic worker' means an employee defined as a 'domestic servant' in section 1 (1) of the Basic Conditions of Employment Act, 1983;

	'farm worker' means an employee who is employed mainly in or in connection with farming activities, and includes an employee who wholly or mainly performs domestic work in home premises on a farm;

	'mineworker' means an employee employed at a mine whose hours of work are prescribed in terms of any regulation that is in force in terms of item 4 of Schedule 4 to the Mine Health and Safety Act, 1996 (Act 29 of 1996);

	'security guard' means an employee defined as a 'guard' or a 'security guard' in terms of the Basic Conditions of Employment Act, 1983;

	'Wage Act, 1957' means the Wage Act, 1957 (Act 5 of 1957); 
	
	'wage determination' means a wage determination made in terms of section 14 of the Wage Act, 1957. 

2	Application to public service

This Act, except section 41, does not apply to the public service for 18 months after the commencement of this Act, unless a bargaining council concludes a collective agreement that a provision of this Act will apply from an earlier date.

3	Application to farm workers

(1) Sections 6A, 10 (2A) and 14 (4A) of the Basic Conditions of Employment Act1983, continue to apply to the employment of a farm worker until such time as the matters regulated by those provisions are regulated by a sectoral determination applicable to the farm worker.

(2) Until regulated by a sectoral determination, section 17 (3) applies to farm workers who work after 20:00 and before 04:00 at least five times per month or 50 times per year.

4	Payment in kind of domestic workers and farm workers

(1) The definition of 'wage' in section 1 (1) of the Basic Conditions of Employment Act, 1983, and the definition of 'payment in kind' in the regulations published under that Act continue to apply to the employment of domestic workers and farm workers, until regulated by a sectoral determination. 

(2) The Minister may, by notice in the Gazette, amend any cash amount prescribed in the definition of 'payment in kind' in accordance with section 37 of the Basic Conditions of Employment Act, 1983, as if that section had not been repealed.

5	Ordinary hours of work

An employer may require or permit an employee who is employed as a farm worker, mineworker or security guard to work ordinary hours of work in excess of those prescribed by section 9 (1) and (2) for the period specified in column two of Table One: Provided that- 

	(a)	any condition in column two of Table One is complied with; 

	(b)	the employee's hours of work do not exceed any limit on hours of work in any law or any wage-regulating measure applicable to that category of employee immediately before this Act came into effect; 

	(c)	the employee and his or her employer do not conclude an agreement in terms of sections 11 and 12.

Table One [not copied]

6	Leave pay 

(1) The entitlement in terms of section 20 (2) of an employee employed continuously before and after the commencement of this Act takes effect on the date on which, but for the enactment of this Act, the employee would next have commenced a leave cycle in terms of section 12 of the Basic Conditions of Employment Act, 1983, or any wage determination. 

(2) Any accrued leave to which an employee was entitled in terms of section 12 of the Basic Conditions of Employment Act, 1983, or a wage determination, but which has not been granted by the date on which section 20 (2) takes effect with respect to that employee, must be added to the paid leave earned by that employee in terms of this Act. 

(3) Section 22 (3) does not apply to any leave earned by the employee in respect of any period prior to the date on which this Act takes effect. 

7	Pay for sick leave

(1) Table Two applies in respect of any employee, as defined in the Basic Conditions of Employment Act, 1983, in employment at the commencement of this Act. 

(2) An employee listed in column one who was in continuous employment before the commencement of this Act for the period set out in column two becomes entitled to the rights under section 22 (2) on the date listed in column three and section 22 (3) on the date listed in column four.

Table Two [not copied]

(3) Any period of paid sick leave granted to an employee in accordance with Table Two, may be deducted from the employee's entitlement in terms of either section 22 (2) or section 22 (3), if- 

	(a)	it was taken before the commencement of this Act; or

	(b)	it was taken during the period that the relevant section was in effect with respect to that employee.

8	Exemptions

Any exemption granted under section 34 of the Basic Conditions of Employment Act, 1983, in force immediately before the commencement of this Act remains in force for the period for which the exemption was granted, or if the exemption was granted for an indefinite period, for a period of six months after the commencement of this Act as if that Act had not been repealed, unless it is withdrawn by the Minister, before the end of such period.

9	Wage determinations

(1) Any wage determination and any amendment to a wage determination made in terms of section 15 of the Wage Act, 1957, in force immediately before the commencement of the Basic Conditions of Employment Amendment Act, 2002 (hereafter referred to as a 'wage determination') is deemed to be a sectoral determination made in accordance with section 55 of this Act.

(2) Any provision in a wage determination stipulating a minimum term or condition of employment is deemed to be a basic condition of employment defined in section 1 of this Act.

(3) The Minister may amend, cancel, suspend, clarify or correct any wage determination in accordance with Chapter Eight of this Act.

(4) The provisions of a wage determination may be enforced in accordance with Chapter Ten of this Act.

(5) Any prosecution concerning a contravention of, or failure to comply with, a binding wage determination or licence of exemption from 1 November 1998 until the commencement of the Basic Conditions of Employment Amendment Act, 2002, which prosecution commenced prior to or within three months of the commencement date of the Basic Conditions of Employment Amendment Act, 2002, must be dealt with in terms of the Wage Act, 1957, as if the Wage Act, 1957, had not been repealed.

(6) The Director of Public Prosecutions having jurisdiction is deemed to have issued a certificate in terms of section 23 (3) (a) of the Wage Act, 1957, in respect of any contravention or failure contemplated in subitem (5) in respect of which no prosecution is commenced within three months of the commencement date of the Basic Conditions of Employment Amendment Act, 2002.

10	Exemptions to wage determination

Any licence of exemption granted in respect of a wage determination in terms of section 19 of the Wage Act, 1957, in force immediately before the commencement of this Act is deemed to be withdrawn as from a date six months after the commencement date of the Basic Conditions of Employment Amendment Act, 2002.

11	Agreements

(1) Any agreement entered into before the commencement of this Act which is permitted by this Act remains valid and binding. 

(2) Any provision in a collective agreement concluded in a bargaining council that was in force immediately before this Act came into effect remains in effect for- 

	(a)	six months after the commencement date of this Act in the case of a provision contemplated by section 49 (1) (a) to (d); and

	(b)	18 months after the commencement date of this Act in the case of a provision contemplated by section 49 (1) (e).

Black Administration Act 38 of 1927

26	List of proclamations to be laid before Parliament

(1) A list of proclamations issued by the State President under the authority of this Act shall be laid upon the Tables of both Houses of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and every such proclamation shall be in operation unless and until both Houses of Parliament have, by resolutions passed in the same session, requested the State President to repeal such proclamation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified, as the case may be, by a further proclamation in the Gazette.

Black Authorities Act 68 of 1951

2	Establishment of tribal, regional and territorial authorities

(1) The State President may-

		(a)	with due regard to Black law and custom-

	(i)	establish a Black tribal authority in respect of a Black tribe;

	(ii)	establish a community authority in respect of a Black community or two or more Black tribes or communities jointly or one or more tribes and one or more such communities jointly;

	(b)	in respect of any two or more areas for which tribal authorities have been established, establish a Black regional authority; and

	(c)	in respect of any two or more areas for which regional authorities have been established, establish a Black territorial authority:
Provided that no community, tribal, regional or territorial authority shall be established, except after the Minister has consulted the Blacks in every area in respect of which such authority is to be established.

8A	Auditing of books and accounts of tribal, regional and territorial authorities

	(2) The Auditor-General shall as soon as possible after an audit of the books and accounts of a territorial authority and of tribal and regional authorities contemplated in subsection (5), transmit a copy of his report on the books and accounts of such territorial authority and of the tribal and regional authorities concerned to the Minister and to such territorial authority: Provided that the Auditor-General may at any time, if he considers it desirable, transmit a special report on any matter connected with his powers and duties under this Act to the Minister and to such territorial authority.

(4) 	(a) …

	(b) The Minister shall lay such report and comments upon the Table of the Senate and of the House of Assembly within fourteen days after receipt of such comments by him, if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

(5) Subsections (2), (3) and (4) shall apply in respect of any territorial authority determined by the Minister, after consultation with the Controller and Auditor-General, by notice in the Gazette, and regional authorities in the area of any such territorial authority, and tribal authorities so determined, as from a date specified in the notice.

(6) If a notice is in terms of subsection (5) of this section issued in respect of any territorial authority, the provisions of subsections (2), (3) and (4) thereof shall mutatis mutandis apply in respect of a report or special report of the Auditor-General in connection with such territorial authority and any regional authority concerned and which on the date specified in such notice has not yet been transmitted in terms of subsection (2).

Broadcasting Act 4 of 1999

1	Definitions and interpretation

'Authority' means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000;

'Board' means Board of the Corporation;

'Corporation' means the South African Broadcasting Corporation Limited upon conversion of the old Corporation in terms of section 8A of this Act;

'IBA Act' means the Independent Broadcasting Authority Act, 1993 (Act 153 of 1993);

13	Members of Board

(1) The twelve non-executive members of the Board must be appointed by the President on the advice of the National Assembly.

20	Financial year and annual financial statements

(1) Subject to the provisions of section 285 of the Companies Act, the financial year of the Corporation commences on 1 April and ends on 31 March of the following year. 

(2) In addition to the annual financial statements to be drawn up in terms of the Companies Act the Minister may direct the Corporation to draw up annual statements in a form determined by him or her. 

(3) The annual financial statements must be tabled by the Minister in the National Assembly.

28	Annual report

(1) The Board must furnish to the Minister, on or before 30 September in each year, a report on the work of the Corporation of the previous financial year, together with a balance sheet and a complete statement of revenue and expenditure for that financial year audited by the auditor referred to in section 25, and the report of that auditor, and must give particulars as to- 

	(a)	the book value of all classes of property owned by the Corporation;

	(b)	the amount of securities for loans still outstanding, and the interest thereon, whether paid or unpaid;

	(c)	the position of every fund established in terms of this Act;

	(d)	the expenses of management and administration and all other expenses of the Corporation;

	(e)	the erection and construction, repair, improvement or alteration of any plant, equipment or building, and the cost thereof;

	(f)	the price or rent of any land or any other immovable property acquired or hired;

	(g)	any other matters which the Minister may require the Board to deal with.

(2) The Minister must table every report furnished in terms of subsection (1) in Parliament, within seven days after receiving it if Parliament is in session, or, if Parliament is not in session, within seven days after the commencement of its next ensuing session.

31	Subscription television service

(4) Sections 49 and 50 of the IBA Act must not apply to such broadcasting services until the Authority has issued such a recommendation and that recommendation has been submitted to the Minister for tabling in the National Assembly, and has been adopted by the National Assembly.

32	Community broadcasting services

(7) The Authority must conduct an investigation into the viability and impact of community television, including- 

	(a)	definition of community television;

	(b)	access to frequencies;

	(c)	sustainability;

	(d)	ownership and control; and

`	(e)	legal framework. 

(8) As soon as possible after conducting the investigation referred to in subsection (10) the Authority must submit a report to the Minister and Parliament.

Carriage by Air Act 17 of 1946

2	Ratification of Convention

(1) The International Convention for the unification of certain rules relating to international carriage by air, signed at Warsaw on the twelfth day of October, 1929 (hereinafter referred to as the Convention), is hereby ratified and confirmed.

(2) A translation of the Convention is set out in the Schedule to this Act.

5	Ratification of amendments of and additions to Convention

(1) The State President may do all things necessary to ratify or adhere or accede to or cause to be ratified or adhered or acceded to on behalf of the Republic any amendments of or additions to the Convention which may from time to time be made, and by proclamation in the Gazette declare that the amendments or additions so ratified or adhered or acceded to shall be observed and have the force of law in the Republic: Provided that copies of any amendments or additions so ratified or adhered or acceded to or proclaimed shall be laid upon the Tables of both Houses of Parliament within fourteen days after their publication in the Gazette if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing ordinary session.

Castle Management Act 207 of 1993

2	Establishment of Castle Control Board 

There is hereby established a juristic person to be known as the Castle Control Board, which shall exercise the powers and perform the functions and duties conferred and imposed upon it by this Act.

13	Civilian Staff for Castle

(1) 	(a) The Board shall appoint a suitably qualified and experienced person as Executive Director of the Civilian Staff and Administration for the Castle to assist the Board, subject to its direction and control, in the performance of all financial, administrative and clerical functions and work arising from the application of this Act.

18	Funds of Board and keeping of accounts

(1) The funds of the Board shall consist of- 

	(a)	any moneys paid to the Board out of moneys which may from time to time be appropriated by Parliament to assist the Board;

	(b)	money or revenue received by it in pursuance of any provision of this Act;

	(c)	money borrowed by the Board in accordance with section 14 (1) (q); and

	(d)	such other money as may from time to time accrue, become payable or be donated to the Board.

19	Accounting officer

(1) The Executive Director shall be the accounting officer charged with the responsibility of accounting to Parliament for all money or revenue received, the utilization thereof and the use and care of the property of the Board. 

(2) The accounting officer shall be responsible for the keeping of such records of account as are necessary to represent fairly the state of affairs and business of the Board and to explain the transactions and financial position of the Board.

21	Financial obligations and control 

(1) The Board shall furnish the Minister with such information as he or she may from time to time require in connection with the activities and financial position of the Board, and shall as soon as practicable after the end of each financial year submit to the Minister an annual report on the affairs and functions of the Board in respect of that financial year, which shall include, inter alia- 

	(a)	an audited balance sheet;

	(b)	an audited statement of income and expenditure;

	(c)	a statement of cash flow information.

(2) The financial statements referred to in subsection (1) (a), (b) and (c) shall be in conformity with generally accepted accounting practice. 

(3) The Minister shall, as soon as practicable after a report has, in terms of subsection (1), been submitted to him or her, table it in Parliament.

Collective Investment Schemes Control Act 45 of 2002

7	Registrar and deputy registrar of collective investment schemes 

The executive officer and a deputy executive officer referred to in section 1 of the Financial Services Board Act, 1990 (Act 97 of 1990), are the registrar and the deputy registrar of collective investment schemes, respectively.

23	Annual report by registrar 

(1) The registrar must submit to the Minister an annual report concerning-

	(a)	his or her activities in relation to this Act; 

	(b)	the activities of all managers and associations; and 

	(c)	all matters relating to the administration of collective investment schemes and analogous schemes.

(2) A report contemplated in subsection (1) must be tabled in Parliament within 14 days of publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days of the commencement of its next

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2002

8	Reporting by Commission

	(a)	The Commission must report annually to the National Assembly on its activities and the performance of its functions.

17	Removal from office

(1) A member of the Commission may be removed from office, but only if a committee of the National Assembly finds the member guilty of misconduct or rules that the member is incompetent or incapable of performing a member's functions, and the National Assembly, in accordance with section 194 (2) (b) of the Constitution, adopts a resolution calling for that member's removal from office.

(2) The President-

	(a)	may suspend a member of the Commission from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that member; and 

	(b)	must remove the member from office upon adoption by the National Assembly of the resolution calling for that member's removal.

Commission on Gender Equality Act 39 of 1996

7	Staff of Commission

(3) 	(a) A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (2), shall be tabled in Parliament within 14 days after such determination.

	(b) If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.

8	Remuneration and allowances of members of Commission

(4) The provisions of section 7 (3) shall apply, with the necessary changes, in respect of the tabling in Parliament of a document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission.

11	Powers and functions of Commission

(1) In order to achieve its object referred to in section 119 (3) of the Constitution, the Commission-…

(c)	shall evaluate-

		(i)	any Act of Parliament;

		(ii)	any system of personal and family law or custom;

		(iii)	any system of indigenous law, customs or practices; or

		(iv)	any other law,

in force at the commencement of this Act or any law proposed by Parliament or any other legislature after the commencement of this Act, affecting or likely to affect gender equality or the status of women and make recommendations to Parliament or such other legislature with regard thereto;

(d)	may recommend to Parliament or any other legislature the adoption of new legislation which would promote gender equality and the status of women;

(i)	shall prepare and submit reports to Parliament pertaining to any such convention, covenant or charter relating to the object of the Commission;

15	Reports by Commission

	(2) The Commission shall report to the President at least once every year on its activities and the achievement of its objectives, and the President shall cause such report to be tabled promptly in Parliament: Provided that the Commission may at any time submit any other report to the President and Parliament.

Commonwealth Relations (Temporary Provision) Act 41 of 1961

1	Continued operation of certain laws affecting Commonwealth countries

The operation of any provision of any law in force in the Union immediately prior to the thirty-first day of May, 1961, in which reference is made to Commonwealth countries or any particular Commonwealth country, shall not be affected by reason of the establishment of the Republic of South Africa or of the fact that the Republic is not a member of the Commonwealth: Provided that the Governor-General may by proclamation in the Gazette suspend or from time to time amend any such provision in so far as reference is made therein to any particular Commonwealth country, either expressly or by way of a reference to Commonwealth countries generally, if in his opinion any corresponding law which was in force in that Commonwealth country on the date mentioned has been amended or repealed or has ceased to operate in so far as the Republic of South Africa is concerned.

2	Proclamations to be tabled in Parliament

(1) The Minister charged with the administration of any law in respect of which any proclamation is issued under section one, shall lay copies of such proclamation on the Table in the Senate and in the House of Assembly within fourteen days after the publication thereof if Parliament is in session, or, if Parliament is not in session, within fourteen days after the commencement of its next ensuing session.

(2) Every such proclamation shall cease to have the force of law thirty days after it has been so laid upon the Table unless before that date it has been approved by resolution of the Senate and of the House of Assembly.

Communal Property Associations Act 28 of 1996

17	Annual report by Director-General

The Director-General shall in every calendar year submit to the Minister a report concerning associations and provisional associations and the extent to which the objects of this Act are being achieved, and the Minister shall table the report in Parliament.

Community Development Act 3 of 1966

2	Establishment of Community Development Board

(1) There is hereby established a board to be known as the Community Development Board, which shall be a body corporate capable of suing and being sued in its corporate name and of performing all such acts as are necessary for or incidental to the exercise of its powers and the performance of its functions and duties under this Act.

11	Establishment of Community Development Fund

	There is hereby established a fund to be known as the Community Development Fund into which shall be deposited all moneys which become payable to the board and from which shall be met the costs referred to in section 12 (5) and all expenditure incurred by the board in the exercise of its powers, the carrying out of its functions and the performance of its duties.

15	Objects and general powers of board

(2) For the purpose of achieving its objects the board shall, in addition to any other powers vested in it by this Act, have power-

(c)	with the approval of the Minister given in consultation with the Minister of Finance, and subject to such conditions as the Minister may in consultation with the Minister of Finance determine-

	(i)	to make or grant ex gratia payments, refunds, donations and remissions; and

	(ii)	to pay compensation to any local authority in respect of fruitless expenditure incurred by such local authority in connection with the development of any group area proclaimed for any race group but which for any reason is thereafter deproclaimed: Provided that when any compensation is paid to any local authority in this connection, the Director-General shall as soon as possible after the thirty-first day of March in each year submit a statement signed by him and showing the amount of such compensation and the group area concerned, to the Minister who shall lay such statement upon the Table in the House of Assembly within fourteen days of the receipt thereof by him, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing session.

(4) No payment, refund, donation or remission exceeding the amount mentioned in the proviso to section 31 (1) of the Exchequer and Audit Act, 1975 (Act 66 of 1975), shall be made or granted by the board under subparagraph (i) of paragraph (c) of subsection (2) except with the approval, by resolution, of the House of Assembly, and every payment, refund, donation or remission under that subparagraph shall be reported to Parliament by the Auditor-General.

25	Reports on activities of board

(1) The Director-General shall submit to the Minister once every year a report on the activities of the board, and the Minister shall lay a copy of such report on the Table of the House of Assembly within fourteen days after receipt thereof if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

49	Regulations

(1) The Minister may make regulations as to-

	(a)	the planning or replanning and laying out of any land owned by the board, the reservation or setting aside of any such land by the board for public purposes and the siting, construction, erection, maintenance and control of buildings and other improvements thereon;

	(b)	the vacating of immovable property expropriated by the board;

	(c)	the powers, functions and duties of valuators and inspectors;

	(e)	the procedure relating to the calling for and acceptance of tenders for the execution of any work on behalf of the board, or for the supply of any goods or material to the board;

	(f)	the compilation and maintenance of the lists referred to in section 29;

	(g)	the procedure relating to the determination of the basic value of any affected property;

	(h)	the powers, functions and duties of any local authority, statutory body or other body corporate which has concluded an agreement under section 22, and the control by the board of the exercise and the performance by any such local authority, statutory body or other body corporate of such powers, functions and duties;

	(i)	the appointment and remuneration of valuators and members of a revision court referred to in section 33, and the procedure governing hearings and determinations by such a court, including the taxation of costs incurred in such proceedings;

	(j)	generally as to any other matter which is required to be prescribed by this Act or which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

(2) 	(a) Different regulations may be made in respect of different areas in which the provisions of this Act apply.

	(b) No regulations shall be made under subsection (1) (a) except after consultation with the Administrator of the province concerned.

(3) Regulations made under subsection (1) may prescribe penalties for contravention thereof or failure to comply therewith, but no such penalty shall exceed a fine of two hundred rands or imprisonment for a period exceeding six months.

(4) Any regulations made under subsection (1) shall be laid on the Table of the House of Assembly within fourteen days after promulgation thereof if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session, and shall remain on the said Table for at least twenty-eight consecutive days, and if the House of Assembly is prorogued before the necessary twenty-eight days have elapsed, such regulations shall again be laid on the said Table as aforesaid within fourteen days after the commencement of its next ensuing ordinary session.

(5) If the House of Assembly by resolution passed in the same session (being a session during which such regulations have been laid on the Table of the House of Assembly in terms of subsection (4) disapproves such regulations or any provision thereof, such regulations or such provision thereof, shall cease to be of force and effect to the extent to which they are so disapproved, but without prejudice to the validity of anything done in terms of such regulations or such provision thereof up to the date upon which such regulations or such provision thereof so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such regulations or such provision thereof.

Companies Act 61 of 1973

5	Companies Registration Office and register

(1) The Companies Registration Office established in Pretoria under section 3 of the repealed Act shall, notwithstanding its repeal, continue to exist and shall be the Companies Registration Office for the purposes of this Act.

(2) The register of companies kept by the Registrar under the repealed Act shall be deemed to be and to form part of the register of companies to be kept in the Companies Registration Office.

11	Annual report by Registrar

The Registrar shall in every calendar year submit to the Minister a report containing such information concerning the registration of companies of each type, their authorized capitals or numbers of shares, increases in and reductions of capital, prospectuses, windings-up, judicial managements, deregistrations and dissolutions of companies, additional fees collected, prosecutions and convictions under this Act, matters dealt with by the standing advisory committee appointed under this Act and other matters as the Minister may direct; and the Minister shall table the report in the House of Assembly.

Compensation for Occupation Injuries and Diseases Act 130 of 1993

4	Functions of Director-General

(1) Subject to the provisions of this Act, the Director-General shall-

(n)	after the conclusion of each financial year submit a report to the Minister regarding the administration of this Act during that year;

20	Accounts and audit

(1) The Director-General shall keep such accounts, including an account with a bank contemplated in the Banks Act, 1990 (Act 94 of 1990), and records as are necessary for the exercise of proper control over the compensation fund and the reserve fund, and shall prepare yearly balance sheets made up to the last day of the financial year, showing in all necessary detail the assets and liabilities and the revenue and expenditure of the funds.

(3) The Director-General shall, as soon as possible after the completion of the balance sheets referred to in subsection (1), submit a copy thereof and a copy of the report referred to in section 4 (1) (n) to the Minister, who shall table such copies in Parliament within 30 days after receipt thereof, if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 30 days of the commencement of its next ensuing ordinary session.

Competition Act 89 of 1998

21	Functions of Competition Commission

(1) The Competition Commission is responsible to- …

(k)	over time, review legislation and public regulations, and report to the Minister concerning any provision that permits uncompetitive behaviour; and …

(2) In addition to the functions listed in subsection (1), the Competition Commission may-

	(a)	report to the Minister on any matter relating to the application of this Act;

	(b)	enquire into and report to the Minister on any matter concerning the purposes of this Act; and

	(c)	perform any other function assigned to it in terms of this or any other Act.

(3) The Minister must table in the National Assembly any report submitted in terms of subsection (1) (k), and any report submitted in terms of subsection (2) if that report deals with a substantial matter relating to the purposes of this Act-

	(a)	within 10 business days after receiving that report from the Competition Commission; or 

	(b)	if Parliament is not then sitting, within 10 business days after the commencement of the next sitting.

41	Annual Report

(2) The Minister must table in the National Assembly each annual report submitted in terms of subsection (1) -

	(a)	within 10 business days after receiving that report from the Competition Commission; or

	(b)	if Parliament is not then sitting, within 10 business days after the commencement of the next sitting.

Constitution of the Republic of South Africa Act, 1996

3	Citizenship

(1) There is a common South African citizenship.

(2) All citizens are-

	(a)	equally entitled to the rights, privileges and benefits of citizenship; and

	(b)	equally subject to the duties and responsibilities of citizenship.

(3) National legislation must provide for the acquisition, loss and restoration of citizenship.

6	Languages

(5) A Pan South African Language Board established by national legislation must-

	(a)	promote, and create conditions for, the development and use of-

		(i)	all official languages;

		(ii)	the Khoi, Nama and San languages; and

		(iii)	sign language; and

		(b)	promote and ensure respect for-

	(i)	all languages commonly used by communities in South Africa, including German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu; and

	(ii)	Arabic, Hebrew, Sanskrit and other languages used for religious purposes in South Africa.

9	Equality

(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

25	Property

(6) A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.

(9) Parliament must enact the legislation referred to in subsection (6).

32	Access to information

(1) Everyone has the right of access to-

		(a)	any information held by the state; and

	(b)	any information that is held by another person and that is required for the exercise or protection of any rights.

(2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

33	Just administrative action

(1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.

(2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

(3) National legislation must be enacted to give effect to these rights, and must-

	(a)	provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;

	(b)	impose a duty on the state to give effect to the rights in subsections (1) and (2); and

	(c)	promote an efficient administration.

37	States of emergency

(1) A state of emergency may be declared only in terms of an Act of Parliament, and only when-

	(a)	the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and

	(b)	the declaration is necessary to restore peace and order.

(2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of that declaration, may be effective only-

	(a)	prospectively; and

	(b)	for no more than 21 days from the date of the declaration, unless the National Assembly resolves to extend the declaration. The Assembly may extend a declaration of a state of emergency for no more than three months at a time. The first extension of the state of emergency must be by a resolution adopted with a supporting vote of a majority of the members of the Assembly. Any subsequent extension must be by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Assembly. A resolution in terms of this paragraph may be adopted only following a public debate in the Assembly.

(5) No Act of Parliament that authorises a declaration of a state of emergency, and no legislation enacted or other action taken in consequence of a declaration, may permit or authorise-

	(a)	indemnifying the state, or any person, in respect of any unlawful act;

	(b)	any derogation from this section; or

	(c)	any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.

41	Principles of co-operative government and intergovernmental relations

(1) Within six months after the end of the Competition Commission's financial year, the Commissioner must prepare and submit to the Minister an annual report in the prescribed form, including-

	(a)	the audited financial statements prepared in terms of section 40 (9);

	(b)	the auditor's report prepared in terms of section 40 (10); 

	(c)	a report of activities undertaken in terms of its functions set out in this Act;

	(d)	a statement of the progress achieved during the preceding year towards realization of the purposes of this Act; and

	(e)	any other information that the Minister, by notice in the Gazette, determines.

(2) An Act of Parliament must-

(a)	establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and

(b)	provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes.

42	Composition of Parliament

(5) The President may summon Parliament to an extraordinary sitting at at any time conduct special business.

45	Joint rules and orders and joint committees

(1) The National Assembly and the National Council of Provinces must establish a joint rules committee to make rules and orders concerning the joint business of the Assembly and Council, including rules and orders- 

	(a)	to determine procedures to facilitate the legislative process, including setting a time limit for completing any step in the process; 

	(b)	to establish joint committees composed of representatives from both the Assembly and the Council to consider and report on Bills envisaged in sections 74 and 75 that are referred to such a committee;

	(c)	to establish a joint committee to review the Constitution at least annually; and

	(d)	to regulate the business of- 

	(i)	the joint rules committee; 

	(ii)	the Mediation Committee; 

	(iii)	the constitutional review committee; and 

	(iv)	any joint committees established in terms of paragraph (b).

46	Composition and election

(1) Subject to Schedule 6A, the National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that- 

	(a)	is prescribed by national legislation;

	(b)	is based on the national common voters roll;

	(c)	provides for a minimum voting age of 18 years; and

	(d)	results, in general, in proportional representation.

(2) An Act of Parliament must provide a formula for determining the number of members of the National Assembly.

47	Membership

(4) Vacancies in the National Assembly must be filled in terms of national legislation.

48	Oath or affirmation

Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

51	Sittings and recess periods

(1) After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the Chief Justice, but not more than 14 days after the election result has been declared. The Assembly may determine the time and duration of its other sittings and its recess periods.

(2) The President may summon the National Assembly to an extraordinary sitting at any time to conduct special business.

52	Speaker and Deputy Speaker

(1) At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members.

(2) The Chief Justice must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker.

(3) The procedure set out in Part A of Schedule 3 applies to the election of the Speaker and the Deputy Speaker.

(4) The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the resolution is adopted.

53	Decisions

(1) Except where the Constitution provides otherwise-

	(a)	a majority of the members of the National Assembly must be present before a vote may be taken on a Bill or an amendment to a Bill;

	(b)	at least one third of the members must be present before a vote may be taken on any other question before the Assembly; and

	(c)	all questions before the Assembly are decided by a majority of the votes cast.

(2) The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but-

	(a)	must cast a deciding vote when there is an equal number of votes on each side of a question; and

	(b)	may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly.

55	Powers of National Assembly

(1) In exercising its legislative power, the National Assembly may-

	(a)	consider, pass, amend or reject any legislation before the Assembly; and ,

	(b)	initiate or prepare legislation, except money Bills.

(2) The National Assembly must provide for mechanisms-

	(a)	to ensure that all executive organs of state in the national sphere of government are accountable to it; and

	(b)	to maintain oversight of- 

	(i)	the exercise of national executive authority, including the implementation of legislation; and 

	(ii)	any organ of state.

57	Internal arrangements, proceedings and procedures of National Assembly

(1) The National Assembly may-

	(a)	determine and control its internal arrangements, proceedings and procedures; and

	(b)	make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

(2) The rules and orders of the National Assembly must provide for-

	(a)	the establishment, composition, powers, functions, procedures and duration of its committees;

	(b)	the participation in the proceedings of the Assembly and its committees of minority parties represented in the Assembly, in a manner consistent with democracy;

	(c)	financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and

	(d)	the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.

59	Public access to and involvement in National Assembly

(1) The National Assembly must-

	(a)	facilitate public involvement in the legislative and other processes of the Assembly and its committees; and

	(b)	conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken- 

	(i)	to regulate public access, including access of the media, to the Assembly and its committees; and 

	(ii)	to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

(2) The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

61	Allocation of delegates

(1) Parties represented in a provincial legislature are entitled to delegates in the province's delegation in accordance with the formula set out in Part B of Schedule 3.

(2)	(a) A provincial legislature must, within 30 days after the result of an election of that legislature is declared-

	(i)	determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and

	(ii)	appoint the permanent delegates in accordance with the nominations of the parties.

(b) If the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within that legislature, it must within 30 days after such change-

	(i)	determine, in accordance with the national legislation referred to in paragraph (a), how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and

	(ii)	appoint the permanent delegates in accordance with the nominations of the parties.

(3) The national legislation envisaged in subsection (2) (a) must ensure the participation of minority parties in both the permanent and special delegates' components of the delegation in a manner consistent with democracy.

62	Permanent delegates

(5) Vacancies among the permanent delegates must be filled in terms of national legislation.

(6) Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

63	Sittings of National Council

(2) The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.

(3) Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council.

64	Chairperson and Deputy Chairpersons

(1) The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.

65	Decisions

(1) Except where the Constitution provides otherwise-

	(a)	each province has one vote, which is cast on behalf of the province by the head of its delegation; and 

	(b)	all questions before the National Council of Provinces are agreed when at least five provinces vote in favour of the question.

(2) An Act of Parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.

70	Internal arrangements, proceedings and procedures of National Council

(1) The National Council of Provinces may-

	(a)	determine and control its internal arrangements, proceedings and procedures; and

	(b)	make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.

(2) The rules and orders of the National Council of Provinces must provide for-

	(a)	the establishment, composition, powers, functions, procedures and duration of its committees;

	(b)	the participation of all the provinces in its proceedings in a manner consistent with democracy; and

	(c)	the participation in the proceedings of the Council and its committees of minority parties represented in the Council, in a manner consistent with democracy, whenever a matter is to be decided in accordance with section 75.

72	Public access to and involvement in National Council

(1) The National Council of Provinces must-

	(a)	facilitate public involvement in the legislative and other processes of the Council and its committees; and

	(b)	conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken-

	(i)	to regulate public access, including access of the media, to the Council and its committees; and

	(ii)	to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

(2) The National Council of Provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.

82	Safekeeping of Acts of Parliament

The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.

84	Powers and functions of President

(1) The President has the powers entrusted by the Constitution and legislation, including those necessary to perform the functions of Head of State and head of the national executive.

(2) The President is responsible for-

	(b)	referring a Bill back to the National Assembly for reconsideration of the Bill's constitutionality;

	(d)	summoning the National Assembly, the National Council of Provinces or Parliament to an extraordinary sitting to conduct special business;

	(g)	calling a national referendum in terms of an Act of Parliament;

86	Election of President

(1) At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.

(2) The Chief Justice must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.

91	Cabinet

	(1) The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.

	(4) The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly.

92	Accountability and responsibilities

	(1) The Deputy President and Ministers are responsible for the powers and functions of the executive assigned to them by the President.

	(2) Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.

	(3) Members of the Cabinet must-

		(a)	act in accordance with the Constitution; and

(b)	provide Parliament with full and regular reports concerning matters under their control.

96	Conduct of Cabinet members and Deputy Ministers

(1) Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

100	National intervention in provincial administration

(1) When a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including-

	(a)	… 

	(b)	assuming responsibility for the relevant obligation in that province to the extent necessary to- 

	(i)	maintain essential national standards or meet established minimum standards for the rendering of a service; 

		(ii)	maintain economic unity; 

		(iii)	maintain national security; or 

	(iv)	prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.

(2) If the national executive intervenes in a province in terms of subsection (1) (b)-

	(a)	it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began;

	(b)	the intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and

	(c)	the Council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the national executive.

(3) National legislation may regulate the process established by this section.

101	Executive decisions

(3) Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.

(4) National legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be-

		(a)	tabled in Parliament; and

	(b)	approved by Parliament

104	Legislative authority of provinces

(2) The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province.

(5) A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.

105	Composition and election of provincial legislatures

(1) Subject to Schedule 6A, a provincial legislature consists of women and men elected as members in terms of an electoral system that-

	(a)	is prescribed by national legislation;

	(b)	is based on that province's segment of the national common voters roll;

	(c)	provides for a minimum voting age of 18 years; and

	(d)	results, in general, in proportional representation.

(2) A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.

106	Membership

(4) Vacancies in a provincial legislature must be filled in terms of national legislation.

127	Powers and functions of Premiers

(f)	calling a referendum in the province in accordance with national legislation.

136	Conduct of members of Executive Councils

(1) Members of the Executive Council of a province must act in accordance with a code of ethics prescribed by national legislation.

139	Provincial intervention in local government

(1) When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including-

	(a)	issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; 

	(b)	assuming responsibility for the relevant obligation in that municipality to the extent necessary to-

	(i)	maintain essential national standards or meet established minimum standards for the rendering of a service; 

	(ii)	prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or

	(iii)	maintain economic unity; or

	(c)	dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.

(2) If a provincial executive intervenes in a municipality in terms of subsection (1) (b)-

	(a)	it must submit a written notice of the intervention to-

	(i)	the Cabinet member responsible for local government affairs; and

	(ii)	the relevant provincial legislature and the National Council of Provinces,

		within 14 days after the intervention began;

		(b)	the intervention must end if-

	(i)	the Cabinet member responsible for local government affairs disapproves the intervention within 28 days after the intervention began or by the end of that period has not approved the intervention; or

	(ii)	the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and

	(c)	the Council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the provincial executive.

(3) If a Municipal Council is dissolved in terms of subsection (1) (c)-

	(a)	the provincial executive must immediately submit a written notice of the dissolution to-

	(i)	the Cabinet member responsible for local government affairs; and

	(ii)	the relevant provincial legislature and the National Council of Provinces; and

	(b)	the dissolution takes effect 14 days from the date of receipt of the notice by the Council unless set aside by that Cabinet member or the Council before the expiry of those 14 days.

(4) If a municipality cannot or does not fulfil an obligation in terms of the Constitution or legislation to approve a budget or any revenue-raising measures necessary to give effect to the budget, the relevant provincial executive must intervene by taking any appropriate steps to ensure that the budget or those revenue-raising measures are approved, including dissolving the Municipal Council and-

	(a)	appointing an administrator until a newly elected Municipal Council has been declared elected; and 

	(b)	approving a temporary budget or revenue-raising measures to provide for the continued functioning of the municipality.

(5) If a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments, the relevant provincial executive must-

	(a)	impose a recovery plan aimed at securing the municipality's ability to meet its obligations to provide basic services or its financial commitments, which-

	(i)	is to be prepared in accordance with national legislation; and

(ii)	binds the municipality in the exercise of its legislative and executive authority, but only to the extent necessary to solve the crisis in its financial affairs; and

(b)	dissolve the Municipal Council, if the municipality cannot or does not approve legislative measures, including a budget or any revenue-raising measures, necessary to give effect to the recovery plan, and-

	(i)	appoint an administrator until a newly elected Municipal Council has been declared elected; and 

	(ii)	approve a temporary budget or revenue-raising measures or any other measures giving effect to the recovery plan to provide for the continued functioning of the municipality; or

	(c)	if the Municipal Council is not dissolved in terms of paragraph (b), assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not otherwise implement the recovery plan.

(6) If a provincial executive intervenes in a municipality in terms of subsection (4) or (5), it must submit a written notice of the intervention to-

	(a)	the Cabinet member responsible for local government affairs; and

	(b)	the relevant provincial legislature and the National Council of Provinces,

within seven days after the intervention began.

(7) If a provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or (5), the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive.

(8) National legislation may regulate the implementation of this section, including the processes established by this section.

146	Conflicts between national and provincial legislation

(1) This section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in Schedule 4.

(2) National legislation that applies uniformly with regard to the country as a whole prevails over provincial legislation if any of the following conditions is met:

	(a)	The national legislation deals with a matter that cannot be regulated effectively by legislation enacted by the respective provinces individually.

	(b)	The national legislation deals with a matter that, to be dealt with effectively, requires uniformity across the nation, and the national legislation provides that uniformity by establishing-

			(i)	norms and standards;

			(ii)	frameworks; or

		(iii)	national policies.

		(c)	The national legislation is necessary for-

			(i)	the maintenance of national security;

		(ii)	the maintenance of economic unity;

	(iii)	the protection of the common market in respect of the mobility of goods, services, capital and labour;

	(iv)	the promotion of economic activities across provincial boundaries;

	(v)	the promotion of equal opportunity or equal access to government services; or

		(vi)	the protection of the environment.

(3) National legislation prevails over provincial legislation if the national legislation is aimed at preventing unreasonable action by a province that-

	(a)	is prejudicial to the economic, health or security interests of another province or the country as a whole; or

	(b)	impedes the implementation of national economic policy.

(4) When there is a dispute concerning whether national legislation is necessary for a purpose set out in subsection (2) (c) and that dispute comes before a court for resolution, the court must have due regard to the approval or the rejection of the legislation by the National Council of Provinces.

(5) Provincial legislation prevails over national legislation if subsection (2) or (3) does not apply.

(6) A law made in terms of an Act of Parliament or a provincial Act can prevail only if that law has been approved by the National Council of Provinces.

(7) If the National Council of Provinces does not reach a decision within 30 days of its first sitting after a law was referred to it, that law must be considered for all purposes to have been approved by the Council.

(8) If the National Council of Provinces does not approve a law referred to in subsection (6), it must, within 30 days of its decision, forward reasons for not approving the law to the authority that referred the law to it.

155	Establishment of municipalities

(1) There are the following categories of municipality:

	(a)	Category A: A municipality that has exclusive municipal executive and legislative authority in its area.

	(b)	Category B: A municipality that shares municipal executive and legislative authority in its area with a category C municipality within whose area it falls.

	(c)	Category C: A municipality that has municipal executive and legislative authority in an area that includes more than one municipality.

(2) National legislation must define the different types of municipality that may be established within each category.

(3) National legislation must- 

	(a)	establish the criteria for determining when an area should have a single category A municipality or when it should have municipalities of both category B and category C;

	(b)	establish criteria and procedures for the determination of municipal boundaries by an independent authority; and

	(c)	subject to section 229, make provision for an appropriate division of powers and functions between municipalities when an area has municipalities of both category B and category C. A division of powers and functions between a category B municipality and a category C municipality may differ from the division of powers and functions between another category B municipality and that category C municipality.

(4) The legislation referred to in subsection (3) must take into account the need to provide municipal services in an equitable and sustainable manner.

157	Composition and election of Municipal Councils

(1) Subject to Schedule 6A, a Municipal Council consists of- 

	(a)	members elected in accordance with subsections (2) and (3); or 

	(b)	if provided for by national legislation- 

	(i)	members appointed by other Municipal Councils to represent those other Councils; or 

	(ii)	both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph.

(2) The election of members to a Municipal Council as anticipated in subsection (1) (a) must be in accordance with national legislation, which must prescribe a system- 

	(a)	of proportional representation based on that municipality's segment of the national common voters roll, and which provides for the election of members from lists of party candidates drawn up in a party's order of preference; or 

	(b)	of proportional representation as described in paragraph (a) combined with a system of ward representation based on that municipality's segment of the national common voters roll.

(3) An electoral system in terms of subsection (2) must result, in general, in proportional representation.

(4)	(a) If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation.

	(b) Where a municipal boundary has been determined in terms of section 155 (6A), a ward delimited within that municipal boundary may not extend across the provincial boundary concerned.

(5) A person may vote in a municipality only if that person is registered on that municipality's segment of the national common voters roll.

(6) The national legislation referred to in subsection (1) (b) must establish a system that allows for parties and interests reflected within the Municipal Council making the appointment, to be fairly represented in the Municipal Council to which the appointment is made.

158	Membership of Municipal Councils

(1) Every citizen who is qualified to vote for a Municipal Council is eligible to be a member of that Council, except- 

	(a)	anyone who is appointed by, or is in the service of, the municipality and receives remuneration for that appointment or service, and who has not been exempted from this disqualification in terms of national legislation; 

	(b)	anyone who is appointed by, or is in the service of, the state in another sphere, and receives remuneration for that appointment or service, and who has been disqualified from membership of a Municipal Council in terms of national legislation; 

	(c)	anyone who is disqualified from voting for the National Assembly or is disqualified in terms of section 47(1) (c), (d) or (e) from being a member of the Assembly; 

	(d)	a member of the National Assembly, a delegate to the National Council of Provinces or a member of a provincial legislature; but this disqualification does not apply to a member of a Municipal Council representing local government in the National Council; or

	(e)	a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category.

(2) A person who is not eligible to be a member of a Municipal Council in terms of subsection (1) (a), (b), (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation.

159	Terms of Municipal Councils 

(1) The term of a Municipal Council may be no more than five years, as determined by national legislation.

163	Organised local government

An Act of Parliament enacted in accordance with the procedure established by section 76 must-

	(a)	provide for the recognition of national and provincial organisations representing municipalities; and

	(b)	determine procedures by which local government may-

		(i)	consult with the national or a provincial government;

	(ii	designate representatives to participate in the National Council of Provinces; and

	(iii)	participate in the process prescribed in the national legislation envisaged in section 221 (1) (c).

168	Supreme Court of Appeal

(1) The Supreme Court of Appeal consists of a President, a Deputy President and the number of judges of appeal determined in terms an Act of Parliament.

(2) A matter before the Supreme Court of Appeal must be decided by the number of judges determined in terms of an Act of Parliament.

(3) The Supreme Court of Appeal may decide appeals in any matter. It  is the highest court of appeal except in constitutional matters, and may decide only- 

	(a)	appeals; 

	(b)	issues connected with appeals; and 

	(c)	any other matter that may be referred to it in circumstances defined by an Act of Parliament.

170	Magistrates' Courts and other courts

Magistrates' Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.

171	Court procedures

All courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation.

172	Powers of courts in constitutional matters

(2) 	(a) …

(c) National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court.

174	Appointment of judicial officers

(3) The President as head of the national executive, after consulting the Judicial Service Commission and the leader of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the President and Deputy President of the Supreme Court of Appeal.

(4) The other judges of the Constitutional Court are appointed by the President, as head of the national executive, after consulting the Chief Justice and the leaders of parties represented in the National Assembly, in accordance with the following procedure: 

	(a)	The Judicial Service Commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President. 

	(b)	The President may make appointments from the list, and must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made. 

	(c)	The Judicial Service Commission must supplement the list with further nominees and the President must make the remaining appointments from the supplemented list.

(7) Other judicial officers must be appointed in terms of an Act of Parliament which must ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against, these judicial officers take place without favour or prejudice.

176	Terms of office and remuneration

(1) A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.

(2) Other judges hold office until they are discharged from active service in terms of an Act of Parliament.

(3) The salaries, allowances and benefits of judges may not be reduced.

177	Removal

(1) A judge may be removed from office only if-

	(a)	the Judicial Service Commission funds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and

	(b)	the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.

(2) The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.

(3) The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).

178	Judicial Service Commission

(1) There is a Judicial Service Commission consisting of-

(h)	six persons designated by the National Assembly from among its members, at least three of whom must be members of opposition parties represented in the Assembly;

	(i)	four permanent delegates to the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces;

	(j)	four persons designated by the President as head of the national executive, after consulting the leaders of all the parties in the National Assembly; and

(3) Members of the Commission designated by the National Council of Provinces serve until they are replaced together, or until any vacancy occurs in their number. Other members who were designated or nominated to the Commission serve until they are replaced by those who designated or nominated them.

(4) The Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation.

179	Prosecuting authority

(1) There is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament, and consisting of- 

	(a)	a National Director of Public Prosecutions, who is the head of the prosecuting authority, and is appointed by the President, as head of the national executive; and

	(b)	Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament.

(2) The prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings.

(3) National legislation must ensure that the Directors of Public Prosecutions-

	(a)	are appropriately qualified; and

	(b)	are responsible for prosecutions in specific jurisdictions, subject to subsection (5).

(4) National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.

(5) The National Director of Public Prosecutions-

	(a)	must determine, with the concurrence of the Cabinet member responsible for the administration of justice, and after consulting the Directors of Public Prosecutions, prosecution policy, which must be observed in the prosecution process;

	(b)	must issue policy directives which must be observed in the prosecution process;

	(c)	may intervene in the prosecution process when policy directives are not complied with; and

	(d)	may review a decision to prosecute or not to prosecute, after consulting the relevant Director of Public Prosecutions and after taking representations within a period specified by the National Director of Public Prosecutions, from the following: 

		(i)	The accused person. 

		(ii)	The complainant. 

	(iii)	Any other person or party whom the National Director considers to be relevant.

(6) The Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority.

(7) All other matters concerning the prosecuting authority must be determined by national legislation.

181	Establishment and governing principles

(1) The following state institutions strengthen constitutional democracy in the Republic: 

	(a)	The Public Protector. 

	(b)	The South African Human Rights Commission.

	(c)	The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. 

	(d)	The Commission for Gender Equality. 

	(e)	The Auditor-General. 

	(f)	The Electoral Commission.

(3) Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions.

(5) These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

182	Functions of Public Protector 

(1) The Public Protector has the power, as regulated by national legislation-

	(a)	to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice;

	(b)	to report on that conduct; and

	(c)	to take appropriate remedial action.

(2) The Public Protector has the additional powers and functions prescribed by national legislation.

(3) The Public Protector may not investigate court decisions.

(4) The Public Protector must be accessible to all persons and communities.

(5) An report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.

184	Functions of South African Human Rights Commission

(2) The South African Human Rights Commission has the powers, as regulated by national legislation, necessary to perform its functions, including the power-

	(a)	to investigate and to report on the observance of human rights;

	(b)	to take steps to secure appropriate redress where human rights have been violated;

	(c)	to carry out research; and 

	(d)	to educate.

185	Functions of Commission

(1) The primary objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities are-

	(a)	to promote respect for the rights of cultural, religious and linguistic communities;

	(b)	to promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association; and 

	(c)	to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa.

(2) The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities.

(3) The Commission may report any matter which falls within its powers and functions to the South African Human Rights Commission for investigation.

(4) The Commission has the additional powers and functions prescribed by national legislation.

186	Composition of Commission

(1) The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.

187	Functions of Commission for Gender Equality

(1) The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality.

(2) The Commission for Gender Equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.

(3) The Commission for Gender Equality has the additional powers and functions prescribed by national legislation.

188	Functions of Auditor-General

(1) The Auditor-General must audit and report on the accounts, financial statements and financial management of-

	(a)	all national and provincial state departments and administrations;

	(b)	all municipalities; and

	(c)	any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General.

(2) In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor-General may audit and report on the accounts, financial statements and financial management of- 

	(a)	any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a municipality; or 

	(b)	any institution that is authorised in terms of any law to receive money for a public purpose.

(3) The Auditor-General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public.

(4) The Auditor-General has the additional powers and functions prescribed by national legislation.

190	Functions of Electoral Commission

(1) The Electoral Commission must- 

	(a)	manage elections of national, provincial and municipal legislative bodies in accordance with national legislation; 

	(b)	ensure that those elections are free and fair; and 

	(c)	declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.

(2) The Electoral Commission has the additional powers and functions prescribed by national legislation.

191	Composition of Electoral Commission

The Electoral Commission must be composed of at least three persons. The number of members and their terms of office must be prescribed by national legislation.

192	Broadcasting Authority

National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.

193	Appointments

(1) The Public Protector and the members of any Commission established by this Chapter must be women or men who- 

	(a)	are South African citizens; 

	(b)	are fit and proper persons to hold the particular office; and 

	(c)	comply with any other requirements prescribed by national legislation.

(2) The need for a Commission established by this Chapter to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.

(3) The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.

(4) The President, on the recommendation of the National Assembly, must appoint the Public Protector, the Auditor-General and the members of-

	(a)	the South African Human Rights Commission;

	(b)	the Commission for Gender Equality; and 

	(c)	the Electoral Commission.

(5) The National Assembly must recommend persons- 

	(a)	nominated by a committee of the Assembly proportionally composed of members of all parties represented in the Assembly; and 

	(b)	approved by the Assembly by a resolution adopted with a supporting vote-

	(i)	of at least 60 per cent of the members of the Assembly, if the recommendation concerns the appointment of the Public Protector or the Auditor-General; or

	(ii)	of a majority of the members of the Assembly, if the recommendation concerns the appointment of a member of a Commission.

(6) The involvement of civil society in the recommendation process may be provided for as envisaged in section 59 (1) (a).

194	Removal from office

(1) The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on- 

	(a)	the ground of misconduct, incapacity or incompetence; 

	(b)	a finding to that effect by a committee of the National Assembly; and

	(c)	the adoption by the Assembly of a resolution calling for that person's removal from office

(2) A resolution of the National Assembly concerning the removal from office of-

	(a)	the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or

	(b)	a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.

(3) The President-

	(a)	may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person; and

	(b)	must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal.

195	Basic values and principles governing public administration

(1) Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:

	(a)	A high standard of professional ethics must be promoted and maintained.

	(b)	Efficient, economic and effective use of resources must be promoted.

	(c)	Public administration must be development-oriented.

	(d)	Services must be provided impartially, fairly, equitably and without bias.

	(e)	People's needs must be responded to, and the public must be encouraged to participate in policy-making.

	(f)	Public administration must be accountable.

	(g)	Transparency must be fostered by providing the public with timely, accessible and accurate information.

	(h)	Good human-resource management and career-development practices, to maximise human potential, must be cultivated.

	(i)	Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.

(2) The above principles apply to- 

	(a)	administration in every sphere of government; 

	(b)	organs of state; and 

	(c)	public enterprises.

(3) National legislation must ensure the promotion of the values and principles listed in subsection (1).

(4) The appointment in public administration of a number of persons on policy considerations is not precluded, but national legislation must regulate these appointments in the public service.

(5) Legislation regulating public administration may differentiate between different sectors, administrations or institutions.

(6) The nature and functions of different sectors, administrations or institutions of public administration are relevant factors to be taken into account in legislation regulating public administration.

196	Public Service Commission

(1) There is a single Public Service Commission for the Republic.

(2) The Commission is independent and must be impartial, and must exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of effective and efficient public administration and a high standard of professional ethics in the public service. The Commission must be regulated by national legislation.

(3) Other organs of state, through legislative and other measures, must assist and protect the Commission to ensure the independence, impartiality, dignity and effectiveness of the Commission. No person or organ of state may interfere with the functioning of the Commission.

(4) The powers and functions of the Commission are-

	(a)	to promote the values and principles set out in section 195, throughout the public service;

	(b)	to investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service;

	(c)	to propose measures to ensure effective and efficient performance within the public service;

	(d)	to give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the values and principles set out in section 195;

	(e)	to report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and to provide an evaluation of the extent to which the values and principles set out in section 195 are complied with; and

	(f)	either of its own accord or on receipt of any complaint- 

		(i)	to investigate and evaluate the application of personnel and public administration practices, and to report to the relevant executive authority and legislature; 

	(ii)	to investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies; 

	(iii)	to monitor and investigate adherence to applicable procedures in the public service; and 

	(iv)	to advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service.

	(g)	to exercise or perform the additional powers or functions prescribed by an Act of Parliament.

(5) The Commission is accountable to the National Assembly.

(6) The Commission must report at least once a year in terms of subsection (4) (e)—

	(a)	to the National Assembly; and

	(b)	in respect of its activities in a province, to the legislature of that province.

(7) The Commission has the following 14 commissioners appointed by the President:

	(a)	Five commissioners approved by the National Assembly in accordance with subsection (8) (a); and

	(b)	one commissioner for each province nominated by the Premier of the province in accordance with subsection (8) (b).

(8)	(a) A commissioner appointed in terms of subsection (7) (a) must be-

	(i)	recommended by a committee of the National Assembly that is proportionally composed of members of all parties represented in the Assembly; and

	(ii)	approved by the Assembly by a resolution adopted with a supporting vote of a majority of its members.

(b) A commissioner nominated by the Premier of a province must be- 

	(i)	recommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and 

	(ii)	approved by the legislature by a resolution adopted with a supporting vote of a majority of its members.

(9) An Act of Parliament must regulate the procedure for the appointment of commissioners.

(10) A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is-

	(a)	a South African citizen; and

	(b)	a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.

(11) A commissioner may be removed from office only on-

	(a)	the ground of misconduct, incapacity or incompetence;

	(b)	a finding to that effect by a committee of the National Assembly or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and

	(c)	the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner's removal from office.

(12) The President must remove the relevant commissioner from office upon-

	(a)	the adoption by the Assembly of a resolution calling for that commissioner's removal; or

	(b)	written notification by the Premier that the provincial legislature has adopted a resolution calling for that commissioner's removal.

(13) Commissioners referred to in subsection (7) (b) may exercise the powers and perform the functions of the Commission in their provinces as prescribed by national legislation.

197	Public Service

(1) Within public administration there is a public service for the Republic, which must function, and be structured, in terms of national legislation, and which must loyally execute the lawful policies of the government of the day.

(2) The terms and conditions of employment in the public service must be regulated by national legislation. Employees are entitled to a fair pension as regulated by national legislation.

199	Establishment, structuring and conduct of security services

(1) The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.

(8) To give effect to the principles of transparency and accountability, multi-party parliamentary committees, have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.

201	Political responsibility 

	(2) Only the President, as head of the national executive, may authorise the employment of the defence force-

		(a)	in co-operation with the police service; 

		(b)	in defence of the Republic; or 

		(c)	in fulfilment of an international obligation.

	(3) When the defence force is employed for any purpose mentioned in subsection (2), the President must inform Parliament, promptly and in appropriate detail, of-

		(a)	the reasons for the employment of the defence force; 

		(b)	any place where the force is being employed; 

		(c)	the number of people involved; and 

(d)	the period for which the force is expected to be employed.

	(4) If Parliament does not sit during the first seven days after the defence force is employed as envisaged in subsection (2), the President must provide the information required in subsection (3) to the appropriate oversight committee.

203	State of national defence

(1) The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of-

	(a)	the reasons for the declaration; 

	(b)	any place where the defence force is being employed; and 

	(c)	the number of people involved.

(2) If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament to an extraordinary sitting within seven days of the declaration.

(3) A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.

204	Defence civilian secretariat

A civilian secretariat for defence must be established by national legislation to function under the direction of the Cabinet member responsible for defence.

205	Police service

(1) The national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government.

(2) National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.

206	Political responsibility

(1) A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives.

(6) On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province.

(7) National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

207	Control of police service

(1) The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police service, to control and manage the police service.

(2) The National Commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the Cabinet member responsible for policing.

	(3) The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties.

(4) The provincial commissioners are responsible for policing in their respective provinces-

	(a)	as prescribed by national legislation; and 

	(b)	subject to the power of the National Commissioner to exercise control over and manage the police service in terms of subsection (2).

(5) The provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the National Commissioner.

(6) If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation.

208	Police civilian secretariat

A civilian secretariat for the police service must be established by national legislation to function under the direction of the Cabinet member responsible for policing.

209	Establishment and control of intelligence services

(1) Any intelligence service, other than any intelligence division of the defence force or police service, may be established only by the President, as head of the national executive, and only in terms of national legislation.

210	Powers, functions and monitoring

National legislation must regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service, and must provide for-

	(a)	the co-ordination of all intelligence services; and 

	(b)	civilian monitoring of the activities of those services by an inspector appointed by the President, as head of the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members.

214	Equitable shares and allocations of revenue

(1) An Act of Parliament must provide for- 

	(a)	the equitable division of revenue raised nationally among the national, provincial and local spheres of government;

	(b)	the determination of each province's equitable share of the provincial share of that revenue; and

	(c)	any other allocations to provinces, local government or municipalities from the national government's share of that revenue, and any conditions on which those allocations may be made.

(2) The Act referred to in subsection (1) may be enacted only after the provincial governments, organised local government and the Financial and Fiscal Commission have been consulted, and any recommendations of the Commission have been considered, and must take into account-

	(a)	the national interest; 

	(b)	any provision that must be made in respect of the national debt and other national obligations;

	(c)	the needs and interests of the national government, determined by objective criteria;

	(d)	the need to ensure that the provinces and municipalities are able to provide basic services and perform the functions allocated to them;

	(e)	the fiscal capacity and efficiency of the provinces and municipalities;

	(f)	developmental and other needs of provinces, local government and municipalities;

	(g)	economic disparities within and among the provinces;

	(h)	obligations of the provinces and municipalities in terms of national legislation;

	(i)	the desirability of stable and predictable allocations of revenue shares; and

	(j)	the need for flexibility in responding to emergencies or other temporary needs, and other factors based on similar objective criteria.

215	National, provincial and municipal budgets

	(1) National, provincial and municipal budgets and budgetary processes must promote transparency, accountability and the effective financial management of the economy, debt and the public sector.

(2) National legislation must prescribe- 

	(a)	the form of national, provincial and municipal budgets; 

	(b)	when national and provincial budgets must be tabled; and 

	(c)	that budgets in each sphere of government must show the sources of revenue and the way in which proposed expenditure will comply with national legislation.

216	Treasury control

(1) National legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by introducing- 

	(a)	generally recognised accounting practice; 

	(b)	uniform expenditure classifications; and 

	(c)	uniform treasury norms and standards.

(2) The national treasury must enforce compliance with the measures established in terms of subsection (1), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures.

(3) A decision to stop the transfer of funds due to a province in terms of section 214 (1) (b) may be taken only in the circumstances mentioned in subsection (2) and-

	(a)	may not stop the transfer of funds for more than 120 days; and 

	(b)	may be enforced immediately, but will lapse retrospectively unless Parliament approves it following a process substantially the same as that established in terms of section 76 (1) and prescribed by the joint rules and orders of Parliament. This process must be completed within 30 days of the decision by the national treasury.

(4) Parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, following the process established in terms of subsection (3).

(5) Before Parliament may approve or renew a decision to stop the transfer of funds to a province- 

	(a)	the Auditor-General must report to Parliament; and 

	(b)	the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee.

217	Procurement

(1) When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.

(2) Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for- 

	(a)	categories of preference in the allocation of contracts; and 

	(b)	the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.

(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented.

218	Government guarantees

(1) The national government, a provincial government or a municipality may guarantee a loan only if the guarantee complies with any conditions set out in national legislation.

(2) National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.

219	Remuneration of persons holding public office

(1) An Act of Parliament must establish a framework for determining-

	(a)	the salaries, allowances and benefits of members of the National Assembly, permanent delegates to the National Council of Provinces, members of the Cabinet, Deputy Ministers, traditional leaders and members of any councils of traditional leaders; and 

	(b)	the upper limit of salaries, allowances or benefits of members of provincial legislatures, members of Executive Councils and members of Municipal Councils of the different categories.

(2) National legislation must establish an independent commission to make recommendations concerning the salaries, allowances and benefits referred to in subsection.

(3) Parliament may pass the legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).

(4) The national executive, a provincial executive, a municipality or any other relevant authority may implement the national legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).

(5) National legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the broadcasting authority referred to in section 192.

220	Establishment and functions

(1) There is a Financial and Fiscal Commission for the Republic which makes recommendations envisaged in this Chapter, or in national legislation, to Parliament, provincial legislatures and any other authorities determined by national legislation.

(2) The Commission is independent and subject only to the Constitution and the law, and must be impartial.

(3) The Commission must function in terms of an Act of Parliament and, in performing its functions, must consider all relevant factors, including those listed in section 214 (2).

221	Appointment and tenure of members

(1) The Commission consists of the following women and men appointed by the President, as head of the national executive:

	(a)	A chairperson and deputy chairperson;

	(b)	three persons selected, after consulting the Premiers, from a list compiled in accordance with a process prescribed by national legislation;

	(c)	two persons selected, after consulting organised local government, from a list compiled in accordance with a process prescribed by national legislation; and

	(d)	two other persons.

(1A) National legislation referred to in subsection (1) must provide for the participation of-

	(a)	the Premiers in the compilation of a list envisaged in subsection (1) (b); and

	(b)	organised local government in the compilation of a list envisaged in subsection (1) (c).

(2) Members of the Commission must have appropriate expertise.

(3) Members serve for a term established in terms of national legislation. The President may remove a member from office on the ground of misconduct, incapacity or incompetence.

222	Reports

The Commission [editorial note: Financial and Fiscal Commission] must report regularly both to Parliament and to the provincial legislatures.

223	Establishment

The South African Reserve Bank is the central bank of the Republic and is regulated in terms of an Act of Parliament.

228	Provincial taxes

(2) The power of a provincial legislature to impose taxes, levies, duties and surcharges-

	(a)	may not be exercised in way that materially and unreasonably prejudices national economic policies, economic activities across provincial boundaries, or the national mobility of goods, services, capital or labour; and 

	(b)	must be regulated in terms of an Act of Parliament, which may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.

229	Municipal fiscal powers and functions

(3) When two municipalities have the same fiscal powers and functions with regard to the same area, an appropriate division of those powers and functions must be made in terms of national legislation. The division may be made only after taking into account at least the following criteria: 

	(a)	The need to comply with sound principles of taxation. 

	(b)	The powers and functions performed by each municipality. 

	(c)	The fiscal capacity of each municipality. 

	(d)	The effectiveness and efficiency of raising taxes, levies and duties. 

	(e)	Equity.

(5) National legislation envisaged in this section may be enacted only after organised local government and the Financial and Fiscal Commission have been consulted, and any recommendations of the Commission have been considered.

236	Funding for political parties

To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.

Schedule 2
4	Oath or solemn affirmation of members of the National Assembly, permanent delegates to the National Council of Provinces and members of the provincial legislatures

(1) Members of the National Assembly, permanent delegates to the National Council of Provinces and members of provincial legislatures, before the Chief Justice or a judge designated by the Chief Justice, must swear or affirm as follows:
	
I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I solemnly promise to perform my functions as a member of the National Assembly/ permanent delegate to the National Council of Provinces/member of the legislature of the province of C.D. to the best of my ability.

(In the case of an oath: So help me God.)

(2) Persons filling a vacancy in the National Assembly, a permanent delegation to the National Council of Provinces or a provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the Assembly, Council or legislature, as the case may be.

Schedule 3
Part A - Election procedures for constitutional office-bearers
1	Application

The procedure see out in this Schedule applies whenever-

	(a)	the National Assembly meets to elect the President, or the Speaker or Deputy Speaker of the Assembly;

	(b)	the National Council of Provinces meets to elect its Chairperson or a Deputy Chairperson; or ;

	(c)	a provincial legislature meets to elect the Premier of the province or the Speaker or Deputy Speaker of the legislature.

3	Formal requirements 

(1) A nomination must be made on the form prescribed by the rules mentioned in item 9.

(2) The form on which a nomination is made must be signed-

	(a)	by two members of the National Assembly, if the President or the Speaker or Deputy Speaker of the Assembly is to be elected;

	(b)	on behalf of two provincial delegations, if the Chairperson or a Deputy Chairperson of the National Council of Provinces is to be elected; or

	(c)	by two members of the relevant provincial legislature, if the Premier of the province or the Speaker or Deputy Speaker of the legislature is to be elected.

(3) A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation.

Schedule 6
14	Assignment of legislation to provinces

(1) Legislation with regard to a matter within a functional area listed in Schedule 4 or 5 to the new Constitution and which, when the new Constitution took effect, was administered by an authority within the national executive, may be assigned by the President, by proclamation, to an authority within a provincial executive designated by the Executive Council of the province.

(2) To the extent that it is necessary for an assignment of legislation under subitem (1) to be effectively carried out, the President, by proclamation, may-

	(a)	amend or adapt the legislation to regulate its interpretation or application; 

	(b)	where the assignment does not apply to the whole of any piece of legislation, repeal and re-enact, with or without any amendments or adaptations referred to in paragraph (a), those provisions to which the assignment applies or to the extent that the assignment applies to them; or 

	(c)	regulate any other matter necessary as a result of the assignment, including the transfer or secondment of staff, or the transfer of assets, liabilities, rights and obligations, to or from the national or a provincial executive or any department of state, administration, security service or other institution.

(3)	(a) A copy of each proclamation issued in terms of subitem (1) or (2) must be submitted to the National Assembly and the National Council of Provinces within 10 days of the publication of the proclamation. 

	(b) If both the National Assembly and the National Council by resolution disapprove the proclamation or any provision of it, the proclamation or provision lapses, but without affecting- 

	(i)	the validity of anything done in terms of the proclamation or provision before it lapsed; or 

	(ii)	a right or privilege acquired or an obligation or liability incurred before it lapsed.

(4) When legislation is assigned under subitem (1), any reference in the legislation to an authority administering it, must be construed as a reference to the authority to which it has been assigned.

(5) Any assignment of legislation under section 235 (8) of the previous Constitution, including any amendment, adaptation or repeal and re-enactment of any legislation and any other action taken under that section, is regarded as having been done under this item.

Schedule 6
21	Enactment of legislation required by new Constitution

(1) Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new Constitution took effect.

(2) Section 198 (b) of the new Constitution may not be enforced until the legislation envisaged in that section has been enacted.

(3) Section 199 (3) (a) of the new Constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted.

(4) National legislation envisaged in section 217 (3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect, but the absence of this legislation during this period does not prevent the implementation of the policy referred to in section 217 (2).

(5) Until the Act of Parliament referred to in section 65 (2) of the new Constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces.

(6) Until the legislation envisaged in section 229 (1) (b) of the new Constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the Constitution took effect.

Schedule 6
23	Bill of Rights

(1) National legislation envisaged in sections 9 (4), 32 (2) and 33 (3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect.

Constitutional Court Complementary Act 13 of 1995

1	Definitions

In this Act, unless the context otherwise indicates-

'Court' means the Constitutional Court established in terms of section 98 (1) of the Constitution;
…
16	Engaging the Court, rules and saving

(1) 	(a) The President of the Court may, in consultation with the Chief Justice, by notice in the Gazette make rules relating to the manner in which the Court may be engaged in any matter in respect of which it has jurisdiction, including the matters referred to in section 172 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and all matters relating to the proceedings of and before the Court. 

	(b) Every rule and every amendment or repeal thereof shall be submitted to Parliament before the promulgation thereof and tabled as soon as possible. 

Consumer Affairs (Unfair Business Practices) Act 71 of 1988

2	Business Practices Committee

(1) There is hereby established a committee to be known as the Consumer Affairs Committee.

4	Functions of committee

(2)	(a) As soon as practicable after 31 December 1991 the committee shall submit to the Minister a report on the functions performed by it during the preceding period, and thereafter the committee shall as soon as practicable after 31 December in each succeeding year submit to the Minister a report on the functions performed by it during the relevant year.

(b) Any report submitted to the Minister in terms of paragraph (a), shall as soon as practicable be laid upon the Tables of Parliament.

8	Investigations by committee

(1) Subject to subsection (2), the committee may on its own initiative, and shall on the directions of the Minister, make such investigation as it may consider necessary-

	(a)	into any unfair business practice which the committee or the Minister, as the case may be, has reason to believe exists or may come into existence;

	(b)	into any business practice or type of business practice, in general or in relation to a particular commodity or investment or any class or kind of commodity or investment or a particular business or any class or type of business or a particular area, which in the opinion of the committee or the Minister, as the case may be, is commonly applied for the purposes of or in connection with the creation or maintenance of unfair business practices;

	(d)	into any unfair business practice referred to the committee in terms of any other law.

(2) An investigation in terms of subsection (1) or section 4 (1) (c) shall not be made or proceeded with by the committee on its own initiative, if in the opinion of the Minister such an investigation is not in the public interest.

(4) The committee shall by notice in the Gazette make known any investigation which it proposes to make in terms of subsection (1), and further make known that any person may within a period specified in the notice of not fewer than 14 days from the date of the notice, make written representations regarding the investigation to the committee.

10	Reports by committee

(1) The committee shall report to the Minister on the result of any investigation made by it in terms of section 8 (1).

(3) Every report in terms of this section which in the opinion of the Minister may be made known without detriment to the public interest-

	(a)	shall as soon as practicable be laid upon the Tables of Parliament;

	(b)	may at any time, either before or after it is or was laid upon the Tables of Parliament, be published by the Minister in the Gazette or be made known in any other manner that the Minister may deem expedient.

Contingency Fees Act 66 of 1997

3	Form and content of contingency fees agreement

(1) 	(a) A contingency fees agreement shall be in writing and in the form prescribed by the Minister of Justice, which shall be published in the Gazette, after consultation with the advocates' and attorneys' professions.

	(b) The Minister of Justice shall cause a copy of the form referred to in paragraph (a) to be tabled in Parliament, before such form is put into operation.

Convention on the International Recognition of Rights in Aircraft Act 59 of 1993

2	Application of Convention

(4) The Minister shall lay a copy of every proclamation issued under subsection (2) or (3) upon the Table in Parliament within 14 days after the date of the publication of such proclamation in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

14	Regulations

(1) The Minister may make regulations- 

	(a)	to give effect to any provision of the Convention or any convention referred to in section 2 (2);

`	(b)	providing for the recovery of any expenditure incurred in connection with the application of the Convention or any convention referred to in section 2 (2);

	(c)	regarding any matter which in terms of this Act is required or permitted to be prescribed; and

	(d)	regarding any other matter the regulation of which, in the opinion of the Minister, may be necessary or desirable in order to achieve or promote the objects of this Act.

(5) After considering the representations referred to in subsection (4), the Minister may, whether or not he has adjusted the regulations in question, promulgate such regulations in their final form.

(6) Regulations referred to in subsection (1) shall be laid upon the Table in Parliament within 14 days after promulgation thereof under subsection (5) if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Corporation for Public Deposits Act 46 of 1984

16	Bookkeeping and auditing

(1) The corporation shall-

	(a)	cause proper account to be kept of all financial transactions, assets and liabilities of the corporation;

	(b)	cause financial statements to be compiled in respect of the financial year ending on 31 March 1985 and every succeeding financial year, and submit copies of those statements, after the auditing contemplated in subsection (2), to the Minister and the bank.

(2) The accounts of the corporation shall be audited annually by a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951), and appointed by the board on such conditions as the board and the person concerned may determine by mutual agreement.

17	Annual report

(1) The corporation shall submit, within six months after the end of any financial year, to the Minister and the bank a report regarding its functions during that financial year.

(2) The financial statements referred to in section 16(1) (b) and the report referred to in subsection (1) of this section, shall be laid upon the Table of Parliament by the Minister within 14 days after receipt thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

18	Liquidation of corporation

The corporation shall not be liquidated except by or on authority of an Act of Parliament.

Correctional Services Act 8 of 1959

12	Retirement, resignation or discharge correctional officials

(1) In this section 'fixed date' means 1 January, 1966.

(3)ter If it is in the public interest to retain a correctional official in the service after the day immediately preceding the day on which, in accordance with subsection (2) or (3)bis, he shall be retired on pension, he may be so retained from time to time-

	(a)	for periods which shall not exceed three years in the aggregate; and

	(b)	with the approval, by resolution, of the House of Assembly, after the expiry of the said three years, for further periods which shall not exceed in the aggregate two years.

(2) Subject to the provisions of this section, a correctional official (including a correctional official, who, prior to the fixed date, was retained in his office or post in terms of subsection (2) of this section as it existed immediately prior to the substitution thereof by section four of the Prisons Amendment Act, 1965), shall have the right to retire on pension and shall be retired on pension-

	(a)	on the day on which he attains the age of sixty years, if he attains that age on the first day of any month in the year;

	(b)	on the first day of the month immediately following the month in which he attains the age of sixty years, if he attains that age after the first day of any month in the year.

(3)bis If a correctional official who attains the age of fifty-eight years on or within four months after the fixed date, had the right, immediately prior to that date, to retire on pension on the day on which he attains the age of fifty-eight years or on the first day of the month immediately following the month in which he attains that age, then, notwithstanding anything to the contrary contained in subsection (2) or (3), such  correctional official shall retain the right to retire on pension on that day and shall, subject to the provisions of subsection (3)ter, be retired on pension on that day: Provided that such a correctional official may, at any time prior to the day on which he shall be so retired, elect in writing to be subject to the provisions of subsections (2) and (3), and if he makes such an election the provisions of this subsection shall cease to apply to him.

Correctional Services Act 111 of 1998

3	Establishment, functions and control of Department

(3) The Commissioner of Correctional Services is appointed in terms of the Public Service Act, but the conditions of service of the Commissioner are governed by this Act and he or she is also entitled to the privileges of a head of a department which are conferred by the Public Service Act.

83	Structure of National Council

(1) The Minister must appoint a National Council.

(2) The National Council consists of- 

	(a)	two judges of the Supreme Court of Appeal of South Africa or of the High Court of South Africa appointed after consultation with the Chief Justice; 

	(b)	a magistrate of a regional division appointed after consultation with the chairperson of the Magistrates Commission; 

	(c)	a director or Deputy Director of Public Prosecutions appointed after consultation with the National Director of Public Prosecutions; 

	(d)	two members of the Department, of or above the rank of director, appointed after consultation with the Commissioner; 

	(e)	a member of the South African Police Service, of or above the rank of director, appointed after consultation with the National Commissioner of the South African Police Service; 

	(f)	a member of the Department of Welfare, of or above the rank of director, appointed after consultation with the Director-General of Welfare; 

	(g)	two persons with special knowledge of the correctional system who are not in full-time service of the State; and

	(h)	four or more persons not in the full-time service of the State or members of Parliament appointed as representatives of the public after consultation with the Portfolio Committee on Correctional Services.

86	Inspecting Judge

(1) The President must appoint the Inspecting Judge who must be- 

	(a)	a judge of the High Court who is in active service as defined in section 1 (1) of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act 88 of 1989); or

	(b)	a judge who has been discharged from active service in terms of section 3 of the said Act.

90	Powers, functions and duties of Inspecting Judge

(4) 	(a) The Inspecting Judge must submit an annual report to the President and the Minister. 

	(b) The report must be tabled in Parliament by the Minister.

95	Objectives and functions of internal service evaluation

(1) The Commissioner must conduct an internal service evaluation by means of internal auditing, performance auditing, inspections and investigations to promote the economical and efficient operation of the Department and to ensure that the objectives and principles of this Act are met.

(4) The Commissioner must include in the annual report to Parliament, an account of the process and results of the internal service evaluation. 

[editorial note: the Act does not appear to make provision made for an annual report to parliament other than the inspecting judge’s report – it is not clear from the Act whether this is the same report]

134	Regulations

(5) The Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department.

Council for the Built Environment Act 43 of 2000

'councils for the professions' means the- 

	(a)	South African Council for the Architectural Profession, established by the Architectural Profession Act, 2000; 

	(b)	South African Council for the Project and Construction Management Professions, established by the Project and Construction Management Professions Act, 2000;

	(c)	Engineering Council of South Africa, established by the Engineering Profession Act, 2000; 

	(d)	South African Council for the Landscape Architectural Profession, established by the Landscape Architectural Profession Act, 2000; 

	(e)	South African Council for the Property Valuers Profession, established by the Property Valuers Profession Act, 2000; and 

	(f)	South African Council for the Quantity Surveying Profession, established by the Quantity Surveying Profession Act, 2000;

2	Establishment of Council for the Built Environment

The Minister must, by notice in the Gazette and with effect from a date specified in such notice, establish a juristic person to be known as the Council for the Built Environment.

4	Functions, powers and duties of council 

The council may- …

(v)	receive and assimilate the annual reports of the councils for the professions and submit a summary to the Minister;

19	Reporting

(4) The Minister must table the annual report referred to in this section and a summary of the reports referred to in section 4 (v) in Parliament within 14 days after the receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its following ordinary session.

Counterfeit Goods Act 37 of 1997

2	Dealing in counterfeit goods prohibited and an offence

(1) Goods that are counterfeit goods, may not-

	(a)	be in the possession or under the control of any person in the course of business for the purpose of dealing in those goods; 

	(b)	be manufactured, produced or made except for the private and domestic use of the person by whom the goods were manufactured, produced or made; 

	(c)	be sold, hired out, bartered or exchanged, or be offered or exposed for sale hiring out, barter or exchange; 

	(d)	be exhibited in public for purposes of trade; 

	(e)	be distributed- 

		(i)	for purposes of trade; or

	(ii)	for any other purpose to such an extent that the owner of an intellectual property right in respect of any particular protected goods suffers prejudice; 

	(f)	be imported into or through or exported from or through the Republic except if so imported or exported for the private and domestic use of the importer or exporter, respectively; 

	(g)	in any other manner be disposed of in the course of trade.

(2) A person who performs or engages in any act or conduct prohibited by subsection (1), will be guilty of an offence if-

	(a)	at the time of the act or conduct, the person knew or had reason to suspect that the goods to which the act or conduct relates, were counterfeit goods; or

	(b)	the person failed to take all reasonable steps in order to avoid any act or conduct of the nature contemplated in subsection (1) from being performed or engaged in with reference to the counterfeit goods.

19	Penalties

(1) Any person convicted of an offence referred to in section 2 (2), will be punishable-

	(a)	in the case of a first conviction, with a fine, in respect of each article or item involved in the particular act of dealing in counterfeit goods to which the offence relates, that may not exceed R5 000,00 per article or item, or with imprisonment for a period that may not exceed three years, or with both such a fine and such term of imprisonment; 

	(b)	in the case of a second or any subsequent conviction, with a fine, in respect of each such article or item, that may not exceed R10 000,00 per article or item,  or with imprisonment for a period that may not exceed five years, or with both such a fine and such term of imprisonment.

(4)(a) The Minister may from time to time by notice in the Gazette increase the amounts of the fines mentioned in paragraphs (a) and (b) of subsection (1). 

	(b) That notice must be laid on the table in the National Assembly, for its consideration and approval, within 14 days after the date on which it is published in the Gazette, if the National Assembly is then in session, or, if it is not then in session, within 14 days of the commencement of its next session.

Criminal Law Amendment Act 105 of 1997

1	Substitution of sentence of death

(1) The Minister of Justice shall, as soon as practicable after the commencement of this Act, refer the case of every person who has been sentenced to death and has in respect of that sentence exhausted all the recognised legal procedures pertaining to appeal or review, or no longer has such procedures at his or her disposal, to the court in which the sentence of death was imposed.

(2) The court shall consist of the judge who imposed the sentence in question or, if it cannot be so constituted, the Judge President of the court in question shall designate any other judge of that court to deal with the matter in terms of subsection (3).

(3) 	(a) The court shall be furnished with written argument on behalf of the person sentenced to death and the prosecuting authority.

  	(b) 	The court- 

	(i)	shall consider the written arguments and the evidence led at the trial; and 

	(ii)	may, if necessary, hear oral argument on such written arguments, 

and shall advise the President, with full reasons therefor, on the appropriate sentence to be substituted in the place of the sentence of death and, if applicable, on the date to which the sentence shall be antedated.

(4) The President shall set aside the sentence of death and substitute for the sentence of death the punishment advised by the court.

(5) No appeal shall lie in respect of any aspect of the proceedings, finding or advice of the court in terms of subsection (3).

(6) 	(a) Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 18 of 1969), and to the extent that the Legal Aid Guide as it exists at the commencement of this Act does not regulate the position of  the granting of legal aid or legal representation in respect of the proceedings referred to in subsections (1) to (5), the Legal Aid Board may issue directives, in consultation with the Minister of Justice, in terms of which legal aid or legal representation may be rendered or made available for purposes of subsections (1) to (5).

(b) 	(i) The directives contemplated in paragraph (a) shall be published in the Gazette by the Minister of Justice.

	(ii) Before the directives are published in the Gazette, they shall be submitted to Parliament and tabled as soon as possible.

53	Saving

(1) Sections 51 and 52 shall, subject to subsections (2) and (3), cease to have effect after the expiry of two years from the commencement of this Act.

(2) The period referred to in subsection (1) may be extended by the President, with the concurrence of Parliament, by proclamation in the Gazette for two years at a time.

Criminal Matters Amendment Act 68 of 1998

7	Savings

(1) Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 22 of 1969), and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 (a) of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 (a) of this Act.

(2) 	(a) The directives referred to in subsection (1) must be published in the Gazette.

	(b) Before the directives are published in the Gazette, they must be submitted to Parliament and tabled as soon as possible.

Criminal Procedure Act 51 of 1977

63A	Release or amendment of bail conditions of accused on account of prison conditions

(1) If a Head of Prison contemplated in the Correctional Services Act, 1998 (Act 111 of 1998), is satisfied that the prison population of a particular prison is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of an accused-

(a)	who is charged with an offence falling within the category of offences-

(i)	for which a police official may grant bail in terms of section 59; or

(ii)	referred to in Schedule 7;

(b)	who has been granted bail by any lower court in respect of that offence, but is unable to pay the amount of bail concerned; and

(c)	who is not also in detention in respect of any other offence falling outside the category of offences referred to in paragraph (a),

that Head of Prison may apply to the said court for the-

(aa)	release of the accused on warning in lieu of bail; or

(bb)	amendment of the bail conditions imposed by that court on the accused.

(2) (a) An application contemplated in subsection (1) must be lodged in writing with the clerk of the court, and must-

(i)	contain an affidavit or affirmation by the Head of Prison to the effect that he or she is satisfied that the prison population of the prison concerned is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of the accused concerned; and

(ii)	contain a written certificate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing, to the effect that the prosecuting authority does not oppose the application.

(b) The accused and his or her legal representative, if any, must be notified of an application referred to in subsection (1).

(c) The clerk of the court must, without delay, cause the application to be placed before any magistrate or regional magistrate, as the case may be, who may consider the application in chambers.

(d) The application may be considered in the presence of the accused if the magistrate or regional magistrate deems it necessary.

(4)	(a) The National Director of Public Prosecutions may, in consultation with the Commissioner of Correctional Services, issue directives regarding-

	(i)	the establishment of monitoring and consultative mechanisms for bringing an application contemplated in subsection (1); and

	(ii)	the procedure to be followed by a Head of Prison and a Director of Public Prosecutions whenever it appears that it is necessary to bring an application contemplated in subsection (1).

	(b) Any directives issued in terms of paragraph (a) must be submitted to Parliament before they take effect.

105A	Plea and sentence agreements

(11) 	(a) The National Director of Public Prosecutions, in consultation with the Minister, shall issue directives regarding all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this section and any directive so issued shall be observed in the application of this section.

	(b) The directives contemplated in paragraph (a) -

(i)	must prescribe the procedures to be followed in the application of this section relating to-

(aa)	any offence referred to in the Schedule to the Criminal Law Amendment Act, 1997, or any other offence for which a minimum penalty is prescribed in the law creating the offence;

(bb)	any offence in respect of which a court has the power or is required to conduct a specific enquiry, whether before or after convicting or sentencing the accused; and

(cc)	any offence in respect of which a court has the power or is required to make a specific order upon conviction of the accused;

(ii)	may prescribe the procedures to be followed in the application of this section relating to any other offence in respect of which the National Director of Public Prosecutions deems it necessary or expedient to prescribe specific procedures;

(iii)	must ensure that adequate disciplinary steps shall be taken against a prosecutor who fails to comply with any directive; and

(iv)	must ensure that comprehensive records and statistics relating to the implementation and application of this section are kept by the prosecuting authority. (a)…

(c) The National Director of Public Prosecutions shall submit directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this section.

(12) The National Director of Public Prosecutions shall at least once every year submit the records and statistics referred to in subsection (11) (b) (iv) to Parliament.

191A	Witness services

(2) The Minister may make regulations relating to-

	(a)	the assistance of, and support to, witnesses at courts;

	(b)	the establishment of reception centres for witnesses at courts;

	(c)	the counselling of witnesses; and

	(d)	any other matter which the Minister deems expedient to prescribe in order to provide services to witnesses at courts.

(5) Any regulation made under this section must, before publication thereof in the Gazette, be submitted to Parliament.

Criminal Procedure Amendment Act 76 of 1997

4	Savings

(1) Pending the commencement of the Legal Aid Guide as contemplated in section 3A of the Legal Aid Act, 1969, and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 of this Act.

(2) 	(a) The directives referred to in subsection (1) must be published in the Gazette.

	(b) Before the directives are published in the Gazette, they must be submitted to Parliament and tabled as soon as possible.

7	Transitional arrangements

(2) 	(a) …

	(b) The Rules Board for Courts of Law must revise and, when necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in accordance with the provisions of this Act.

	(c) Any draft rules contemplated in paragraph (b) must, within three months after the date of the commencement of this Act, be submitted to Parliament.

	(d) Any amended rules must be approved by Parliament and thereafter be published in the Gazette.

Cross-border Insolvency Act 42 of 2000

2	Scope of application

(2) 	(a) Subject to paragraph (b), this Act applies in respect of any State designated by the Minister by notice in the Gazette. 

	(b) The Minister may only designate a State as contemplated in paragraph (a) if he or she is satisfied that the recognition accorded by the law of such a State to proceedings under the laws of the Republic relating to insolvency justifies the application of this Act to foreign proceedings in such State. 

(3) The Minister may at any time by subsequent notice in the Gazette withdraw any notice under subsection (2) (a), and thereupon any State referred to in such last-mentioned notice ceases to be a foreign State for the purposes of this Act. 

(4) Any notice referred to in subsection (2) (a) or (3) must, before publication in the Gazette, be approved by Parliament.

Cross-Border Road Transport Act 4 of 1998

4	Establishment of Agency

(1) A juristic person, known as the Cross-Border Road Transport Agency, is hereby established.

22	Reporting

(1) The Board must report to-

	(a)	the Minister at least once every year on its activities, including its audited and approved financial statements in respect of all its business; and

	(b)	the Tribunal at least once a year on matters of mutual interest and, as the need arises, notify the Tribunal of problems which require its co-operation and co-ordination to resolve. 

(2) The Minister must table such report in Parliament within a reasonable time.

Cultural Institutions Act 119 of 1998

3	Application of Act, establishment and amalgamation of declared institutions

(1) The Minister may by notice in the Gazette declare any institution as from a date specified in that notice to be subject to this Act. 

(2) The Minister may establish an institution and may declare that institution subject to the Act in terms of subsection (1). 

(3) The Minister may by notice in the Gazette declare that a declared institution or any other institution must be amalgamated with a flagship institution established by section 6 (1)  or (2).

(4) The Minister may by notice in the Gazette declare that a declared institution or other institution must be amalgamated with other declared institutions or other institutions to form a new flagship institution.

(5) A flagship institution declared under subsection (4) is subject to section 6 (4).

5	Establishment and constitution of a council

(1) The affairs of a declared institution, other than a flagship institution, are under the control, management and direction of a council consisting of- 

	(a)	at least seven members appointed by the Minister in the prescribed manner; and

	(b)	the director of the declared institution concerned.

8	Functions of council

(7) A council must submit an annual report to the Minister which must contain such information regarding the activities and financial position of the council as may be prescribed.

(8) The Minister must table the report referred to in subsection (7) in Parliament within 14 days of receipt thereof if Parliament is then sitting, and if Parliament is not sitting, within 14 days after the commencement of the next sitting.

(9) Within five months after the report has been tabled, a delegation consisting of the chairperson of the relevant council and at least two other council members must brief the relevant committees of Parliament on the annual report.

Currency and Exchanges Act 9 of 1933

9	Regulations regarding currency, banking or the exchanges

(3) The Governor-General may, by any such regulations, suspend in whole or in part this Act or any other Act of Parliament or any other law relating to or affecting or having any bearing upon currency, banking or exchanges, and any such Act or law which is in conflict or inconsistent with any such regulation shall be deemed to be suspended in so far as it is in conflict or inconsistent with any such regulation.

(4) The Minister of Finance shall cause a copy of every regulation made under this section to be laid upon the Table of both Houses of Parliament within fourteen days after the first publication thereof in the Gazette, if Parliament is in ordinary session during the whole of that period, and if Parliament is not in ordinary session during the whole of that period, then within fourteen days after the beginning of the next ordinary session of Parliament; and if any such regulation is calculated to raise any revenue, he shall cause to be attached to the copy so laid upon the Table a statement of the revenue which he estimates will be raised thereby during the period of twelve months after the coming into operation thereof. Every such regulation calculated to raise any revenue shall cease to have the force of law from a date one month after it has been laid on the Table unless before that date it has been approved by resolution of both Houses of Parliament.

Debt Collectors Act 114 of 1998

2	Establishment and objects of Council for Debt Collectors

(1) There is hereby established a juristic person to be known as the Council for Debt Collectors.

12	Register

(1) The Council shall keep a register of the names and prescribed particulars of every debt collector whose application for registration under section 9 (3) has been approved, or whose registration has been withdrawn or disapproved.

(2) The register contemplated in subsection (1) shall- 

	(a)	be published in the Gazette annually; 

	(b)	be updated every second month by the Council;

	(c)	be available for inspection by the public at the prescribed places and times; and

	(d)	be submitted to Parliament within 14 days after the publication thereof in the Gazette.

14	Code of conduct 

(1) 	(a) The Council shall, subject to the approval of the Minister, adopt a code of conduct for debt collectors and shall publish such code in the Gazette. 

(b) The code of conduct, and any amendment thereof, shall be submitted to Parliament within 14 days after publication thereof in the Gazette.

Defence Act 42 of 2002

7	Secretary for Defence

(1) The President must, subject to the laws governing the public service, appoint a person to the post of Secretary for Defence as head of the Defence Secretariat.

8	Functions of Secretary for Defence

The Secretary for Defence-

	(d)	must perform such functions as may be entrusted to the Secretary for Defence by the Minister, in particular those necessary or expedient to enhance civil control by- 

	(i)	Parliament over the Department; 

	(ii)	parliamentary committees having oversight over the Department; and 

	(iii)	the Minister over the Department;

18	Employment of Defence Force

(2) When the Defence Force is employed for any purpose contemplated in paragraph (a), (b), (c) or (d) of subsection (1), the President or Minister, as the case may be, must inform Parliament promptly and in appropriate detail of the- 

	(a)	reasons for such employment;

	(b)	place where the Defence Force is being employed;

	(c)	number of people involved;

	(d)	period for which the Defence Force is expected to be employed; and

	(e)	expenditure incurred or expected to be incurred.

(3) If Parliament does not sit during the first seven days after the employment of the Defence Force as contemplated in subsection (2), the President or Minister, as the case may be, must provide the information required in that subsection to the appropriate oversight committee of Parliament on Defence.

(4) If the Defence Force is employed by the President for any purpose contemplated in section 201 (2) of the Constitution, the President must also comply with subsection (2) (e).

(5) Parliament may by resolution within seven days after receiving information contemplated in subsection (2) from the President or the Minister- 

	(a)	confirm any such authorisation of employment;

	(b)	order the amendment of such authorisation;

	(c)	order the substitution for such authorisation of any other appropriate authorisation; or

	(d)	order the termination of the employment of the Defence Force.

	(6) An order contemplated in subsection (5) (b), (c) or (d) does not affect- 

	(a)	the validity of the authorisation up to the moment of the passing of the resolution by Parliament;

	(b)	the validity of anything done by virtue of the authorisation up to the moment that the amendment, substitution or termination of the authorisation takes effect; or

	(c)	any right, privilege, obligation or liability acquired, accrued or incurred as a result of the authorisation for the employment of the Defence Force, up to the applicable moment contemplated in paragraph (b).

Defence Act 44 of 1957

104	Military Discipline Code

2) 	(a) The State President may, with the approval by resolution, of Parliament, by proclamation in the Gazette insert any new provision in or amend or repeal any provision of the First Schedule.

Demobilisation Act 99 of 1996

4	Parliamentary Oversight

The Joint Standing Committee of Parliament on Defence shall establish a multiparty subcommittee to oversee the administration and implementation of the demobilisation programme.

Development Bank of Southern Africa Act 13 of 1997

19	Winding up of Bank

The Bank shall not be wound up except in terms of an Act of Parliament.

Development Facilitation Act 67 of 1995

3	General principles for land development

(2) The Minister may by notice in the Gazette- 

	(a)	prescribe any principle for land development in addition to, but not inconsistent with, the principles set out in subsection (1); and

	(b)	prescribe any principle set out in subsection (1) in greater detail, but not inconsistent therewith, 

whereupon such principle shall apply throughout the Republic on the basis set out in section 2.

4) 	(a) The Minister shall, before prescribing any principle under subsection (2), cause a draft of such principle to be published in the Gazette and shall consider any comment on such draft principle received from any person during the period 30 days after such publication.

	(b) A list of principles prescribed under subsection (2) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such principles or any provision thereof, such principles or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such principles or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles or such provision before it so ceased to be of force and effect.

5	Establishment of Development and Planning Commission

(1) There is hereby established a juristic person to be known as the Development and Planning Commission.

11	Establishment or recognition of provincial commissions

(1) A Premier may by notice in the Provincial Gazette- 

	(a)	establish a provincial development and planning commission in respect of a province; or

	(b)	recognise any body of persons, board or commission established by or under any law as a provincial development and planning commission in respect of a province.

46	Regulations

(1) The Minister may, subject to the provisions of subsection (3), make regulations regarding- …

3) 	(a) The Minister shall, before making any regulations under subsection (1), cause draft regulations to be published in the Gazette and shall consider any comment on such draft regulations received from any person during the period 30 days after such publication.

(b) A list of regulations made under subsection (1) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and if Parliament by resolution disapproves of any such regulations or any provision therof, such regulations or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such regulations or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such regulations or such provision before it so ceased to be of force and effect.

Diplomatic Immunities and Privileges Act 37 of 2001

11	Adjustment of loss of revenue to municipalities and statutory public utility organisations

	 The loss of revenue caused to any municipality or statutory public utility organisation by reason of this Act relating to exemptions from taxation, must be made good to such municipality or organisation out of funds approved by Parliament for that purpose.

Disaster Management Act 57 of 2002

6	National disaster management framework 

(1) The Minister, by notice in the Gazette- 

	(a)	must prescribe a national disaster management framework, taking into account- 

	(i)	any recommendations of the Intergovernmental Committee on Disaster Management made in terms of section 4; and 

	(ii)	comments by the public submitted as a result of a publication in terms of subsection (2); and 

	(b)	may, from time to time, amend the national disaster management framework.

(2) Before prescribing or amending the national disaster management framework, the Minister must publish particulars of the proposed framework or amendment in the Gazette for public comment.

8	Establishment 

(1) A National Disaster Management Centre is established as an institution within the public service.

(2) The National Centre forms part of, and functions within, a department of state for which the Minister is responsible.

18	Gathering of information 

(1) The National Centre may, in writing, request any organ of state or person in possession of information reasonably required by the National Centre for the purpose of section 16 or 17, to provide such information to the National Centre within a reasonable period determined by the National Centre.

(2) If an organ of state fails to comply with a request, the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament.

24	Annual reports 

(1) The National Centre must submit a report annually to the Minister on- 

	(a)	its activities during the year;

(b)	the results of its monitoring of prevention and mitigation initiatives;

	(c)	disasters that occurred during the year in each province;

	(d)	the classification, magnitude and severity of these disasters;

	(e)	the effects they had;

	(f)	particular problems that were experienced- 

		(i)	in dealing with these disasters; and 

	(ii)	generally in implementing this Act and the national disaster management framework;

	(g)	the way in which these problems were addressed and any recommendations the National Centre wishes to make in this regard;

	(h)	progress with the preparation and regular updating in terms of sections 25, 38, 39, 52 and 53 of disaster management plans and strategies by organs of state involved in disaster management; and 

	(i)	an evaluation of the implementation of such plans and strategies.

(2) The Minister must submit the report to Parliament within 30 days after receipt of the report from the National Centre.

(3) The National Centre must, at the same time that its report is submitted to the Minister in terms of subsection (1), submit a copy of that report to each provincial and municipal disaster management centre.

59	Regulations 

(1) The Minister may make regulations not inconsistent with this Act- 

	(a)	concerning any matter that- 

	(i)	may or must be prescribed in terms of a provision of this Act; or 

	(ii)	is necessary to prescribe for the effective carrying out of the objects of this Act; and 

	(b)	providing for the payment, out of moneys appropriated by Parliament for this purpose, of compensation to any person, or the dependants of any person, whose death, bodily injury or disablement results from any event occurring in the course of the performance of any function entrusted to such person in terms of this Act.

(4) Any regulations made by the Minister in terms of subsection (1) must be referred to the National Council of Provinces for purposes of section 146 (6) of the Constitution.

Domestic Violence Act 116 of 1998

18	Application of Act by prosecuting authority and members of South African Police Service

(2) The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister of Justice and after consultation with the Directors of Public Prosecutions, must determine prosecution policy and issue policy directives regarding any offence arising from an incident of domestic violence.

(4) 	(a) Failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the national instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service.

(5) 	(a) The National Director of Public Prosecutions must submit any prosecution policy and policy directives determined or issued in terms of subsection (2) to Parliament, and the first policy and directives so determined or issued, must be submitted to Parliament within six months of the commencement of this Act.

	(b) The National Commissioner of the South African Police Service must submit any national instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued, must be submitted to Parliament within six months of the commencement of this Act.

	(c) The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4) (a), and setting out the recommendations made in respect of such matters.

	(d) The National Commissioner of the South African Police Service must, every six months, submit a report to Parliament regarding-

	(i)	the number and particulars of complaints received against its members in respect of any failure contemplated in subsection (4) (a);

	(ii)	the disciplinary proceedings instituted as a result thereof and the decisions which emanated from such proceedings; and

	(iii)	steps taken as a result of recommendations made by the Independent Complaints Directorate.

19	Regulations

(1) The Minister of Justice may make regulations regarding-

	(a)	any form required to be prescribed in terms of this Act;

	(b)	any matter required to be prescribed in terms of this Act; and

	(c)	any other matter which the Minister deems necessary or expedient to be prescribed in order to achieve the objects of this Act.

(2) Any regulation made under subsection (1)-

	(a)	must be submitted to Parliament prior to publication thereof in the Gazette;

	(b)	which may result in expenditure for the State, must be made in consultation with the Minister of Finance; and

	(c)	may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.

Education and Training Act 90 of 1979

1	Definitions 

	'Department' means-

(a)	in so far as the administration of a provision of this Act has under section 235 (8) of the Constitution been assigned to a competent authority within a provincial government and the provision is applied in or with regard to the province concerned, the head of the education department of that province;
 
	(b)		in so far as the administration of a provision of this Act has not been so assigned, the Department of Education;

	'Director-General' means-

	(a)		in so far as the administration of a provision of this Act has under section 235 (8) of the Constitution been assigned to a competent authority within a provincial government and the provision is applied in or with regard to the province concerned, the head of the education department of that province; or

	(b)		in so far as the administration of a provision of this Act has not been so assigned, the Director-General of Education;

2	Control and administration of education, and organizing of and report on activities of Department

(1) It shall be the function of the Department under the direction and control of the Minister to perform all the work necessary for or incidental to the general administration of education for Blacks.

(2) The Department may organize its activities or any part thereof in regions, areas and inspection circuits determined by the Minister from time to time on the recommendation of the Commission for Administration.

(3) The Director-General shall after the end of each year submit a report on the activities of the Department to the Minister, and the Minister shall lay such report on the Table in Parliament.

Electoral Commission Act 51 of 1996

6	Composition of Commission and appointment of commissioners

(1) The Commission shall consist of five members, one of whom shall be a judge, appointed by the President in accordance with the provisions of this section.

(2) No person shall be appointed as a member of the Commission unless he or she-

	(a)	is a South African citizen;

	(b)	does not at that stage have a high party-political profile;

	(c)	has been recommended by the National Assembly by a resolution adopted by a majority of the members of that Assembly; and

	(d)	has been nominated by a committee of the National Assembly, proportionally composed of members of all parties represented in that Assembly, from a list of recommended candidates submitted to the committee by the panel referred to in subsection (3).

(3) The panel shall, subject to subsection (6), consist of-

	(a)	the President of the Constitutional Court, as chairperson;

	(b)	a representative of the Human Rights Commission established by section 115 (1) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);

	(c)	a representative of the Commission on Gender Equality established by section 119 (1) of the said Constitution; and

	(d)	the Public Protector established by section 110 (1) of the said Constitution.

(4) The panel shall submit a list of no fewer than eight recommended candidates to the committee of the National Assembly referred to in subsection (2) (d).

(5) The panel shall act in accordance with the principles of transparency and openness and make its recommendations with due regard to a person's suitability, qualifications and experience.

(6) If any person referred to in subsection (3) (b) to (d) should for any reason not be available to serve on the panel, the chairperson shall, after consultation with the remaining members of the panel, designate any other person as a member of the panel.

7	Terms of office, conditions of service, removal from office and suspension of commissioners

(3) A commissioner may-

	(a)	only be removed from office by the President-

	(i)	on the grounds of misconduct, incapacity or incompetence;

	(ii)	after a finding to that effect by a committee of the National Assembly upon the recommendation of the Electoral Court; and

	(iii)	the adoption by a majority of the members of that Assembly of a resolution, calling for that commissioner's removal from office;

	(b)	be suspended from office by the President at any time after the start of the proceedings of the committee contemplated in paragraph (a) (ii);

		(c)	be reappointed, but only for one further term of office.

13	Finances and auditing

(1) The expenditure in connection with the exercise of the Commission's powers and the performance of its duties and functions shall be defrayed out of money appropriated by Parliament for that purpose or received by the Commission from any other source. 

(2) The Commission shall budget for the necessary resources or additional resources to enable it to exercise its powers and perform its duties and functions effectively. 

(3) The records referred to in section 12 (2) (b) shall be audited by the Auditor-General in terms of the Auditor-General Act, 1995 (Act 12 of 1995).

14	Reports by Commission

(1) The Commission shall annually, as soon as possible after the end of each financial year, submit to the National Assembly an audited report of all money received from other sources as contemplated in section 13 (1), as well as the audited statement on income and expenditure and a report in regard to the functions, activities and affairs of the Commission in respect of such financial year.

20	Powers, duties and functions of Electoral Court

(7) The Electoral Court may investigate any allegation of misconduct, incapacity or incompetence of a member of the Commission and make any recommendation to a committee of the National Assembly referred to in section 7 (3) (a) (ii).

Electricity Act 41 of 1987

2	National Electricity Regulator

	The Electricity Control Board referred to in section 22 of the Electricity Act, 1958 (Act 40 of 1958), shall continue to exist as the 'National Electricity Regulator'.

5D	Reporting

(1) The regulator shall- 

	(a)	furnish the Minister with such information and particulars as he or she may from time to time require in connection with the affairs and financial position of the regulator; and

	(b)	annually, within six months after the end of the financial year, submit to the Minister a report with regard to the functions, affairs and financial position of the regulator in respect of that financial year.

(2) Without derogating from the generality of the provisions of subsection (1) (b), the annual report referred to in that subsection shall inter alia include- 

	(a)	an audited balance sheet and statement of income and expenditure, including any notes thereon and documents annexed thereto whereby relevant information is provided;

	(b)	particulars of any donations or contributions received under section 5B (1) (b);

	(c)	information regarding licences granted, renewed, amended, transferred, ceded, suspended or withdrawn;

	(d)	the report on the audit referred to in section 5C (2);

	(e)	a report regarding the execution of the business plan of the regulator;

	(f)	a report regarding the envisaged strategies of the regulator; and

	(g)	such other information as the Minister may from time to time determine.

(3) The annual report submitted in terms of subsection (1) (b) shall be tabled in Parliament by the Minister within 14 days after receipt thereof or, if Parliament is not then in session, within 14 days after the commencement of the next ensuing session.
Electronic Communications and Transactions Act 25 of 2002

5	National e-strategy 

(1) The Minister must, within 24 months after the promulgation of this Act, develop a three-year national e-strategy for the Republic, which must be submitted to the Cabinet for approval.

(2) The Cabinet must, on acceptance of the national e-strategy, declare the implementation of the national e-strategy as a national priority.

(11) The Minister must table an annual report in Parliament regarding the progress made in the implementation of the national e-strategy.

59	Establishment of Authority

A juristic person to be known as the .za Domain Name Authority is hereby established for the purpose of assuming responsibility for the .za domain name space as from a date determined by the Minister by notice in the Gazette and by notifying all relevant authorities.
62	Board of directors of Authority.—(1)  The Authority is managed and controlled by a Board of Directors consisting of nine directors, one of whom is the chairperson.

67	Reports

As soon as practicable after the end of every financial year, the Board must submit a report on its activities during that year to the Minister who must table that report in Parliament.

Employment Equity Act 55 of 1998

21	Report

(1) A designated employer that employs fewer than 150 employees must- 

	(a)	submit its first report to the Director-General within 12 months after the  commencement of this Act or, if later, within 12 months after the date on which that employer became a designated employer; and

	(b)	thereafter, submit a report to the Director-General once every two years, on the first working day of October.

(2) A designated employer that employs 150 or more employees must- 

	(a)	submit its first report to the Director-General within six months after the commencement of this Act or, if later, within six months after the date on which that employer became a designated employer; and

	(b)	thereafter, submit a report to the Director-General once every year on the first working day of October.

22	Publication of report

(1) Every designated employer that is a public company must publish a summary of a report required by section 21 in that employer's annual financial report.

(2) When a designated employer within any organ of state has produced a report in terms of section 21, the Minister responsible for that employer must table that report in Parliament.

Environmental Conservation Act 73 of 1989

18	Special nature reserves

(1) The Minister may by notice in the Gazette declare any area defined by him, and situated in the Republic of South Africa, including the territorial waters as defined in section 4 of the Maritime Zones Act, 1994 (Act 15 of 1994), to be a special nature reserve.

(2) A declaration under subsection (1) shall only be made-

(a)	for the purpose of the protection of the environment in or special characteristics of such area;

	(b)	in respect of land or water of which the State is the owner or which is under the exclusive control of the State;

(bA)	in respect of other land or water than land or water referred to in paragraph (b), at the request of and with the written consent of the owner of such land or water, as well as the holder of any right to minerals in respect of such land, and subject to the conditions agreed upon by the Minister and the owner; and

(3) The declaration of a special nature reserve shall not be withdrawn or the boundaries thereof altered except by resolution of Parliament: Provided that this subsection shall not apply to a declaration contemplated in subsection (2) (bA).

24	Regulations regarding waste management

The Minister may make regulations with regard to waste management, concerning- …

(l)	the imposition of compulsory charging, deposits or related financial measures on waste types or specified items in waste types with the concurrence of the Minister of Finance.

24B	Regulations regarding products

The Minister may make regulations with regard to the prohibition, control, sale, distribution, import or export of products that may have a substantial detrimental effect on the environment or on human health.

24C	Procedure for making regulations 

(1) Before making a regulation under section 24 (l) or 24B, the Minister must- 

	(a)	publish a notice in the Gazette setting out the draft regulations; 

	(b)	notify the Presiding Officer of both Houses of Parliament of such publication; and 

	(c)	invite written comments on the draft regulations to be submitted to the Minister within a period of 30 days of publication of such notice.

(2) Prior to publishing final regulations the Minister must consider the comments referred to in subsection (1).

(3) Any regulation made under section 24 (l) or 24B is not subject to the publication for comment requirements contained in section 32.

Eskom Conversion Act 13 of 2001

6	Memorandum and articles of association of Eskom

(1) The Registrar of Companies, appointed in terms of section 7 of the Companies Act, must, on the date of conversion, register the memorandum and the articles of association of Eskom in terms of section 63 (1) of the Companies Act, but no fee is payable in respect of such registration.

(2) The memorandum and the articles of association of Eskom must be as determined by the Minister.

(3) The Minister may publish such articles of association in the Gazette for public comment and must table them before Parliament.

Estate Agency Affairs Act 112 of 1976

2	Establishment of Estate Agency Affairs Board

There is hereby established a juristic person to be known as the Estate Agency Affairs Board.

11	Report by board

(1) The board shall furnish the Minister with such information as he may desire from time to time in connection with the functions and financial position of the board, and shall in addition submit to the Minister an annual report, including annual financial statements audited in accordance with section 10 (3), on its functions.

(2) Every report furnished under subsection (1) shall as soon as may be practicable be laid upon the Table of the Senate and of the House of Assembly by the Minister.

Exchange Control Amnesty and Amendment of Taxation Laws Act 12 of 2003

6	Required information for application by applicant

(2) An applicant contemplated in section 3 (1) (b) who applies for the tax relief in respect of foreign income, as contemplated in section 15, must- 

	(a)	disclose the receipts and accruals for the last year of assessment of that applicant ending on or before 28 February 2003, which relate to any foreign asset held by that applicant on 28 February 2003, the value of which has been wholly or partly derived from receipts or accruals from a source outside the Republic that were not declared to the Commissioner in any previous year of assessment, as required by the Income Tax Act, 1962; and

(3) An applicant contemplated in section 3 (1) (b) who applies for the domestic tax relief, as contemplated in section 17, must- 

(a)	disclose the amounts that were not declared to the Commissioner, as required by the Estate Duty Act, 1955, or the Income Tax Act, 1962, (other than receipts and accruals contemplated in subsection (2) (a)), to the extent that those amounts were accumulated as or converted to foreign assets;

29	Reporting

(3) The Minister must report to Parliament on- 

	(a)	the number of applicants and facilitators, respectively, who have applied for amnesty; 

	(b)	the total market value of all foreign assets which have been disclosed in terms of the amnesty; 

	(c)	the total amount of all levies payable by all applicants and facilitators; and 

	(d)	the total amount of receipts and accruals from foreign sources disclosed in terms of section 6 (2) (a) and amounts disclosed in terms of section 6 (3) (a).

Executive Members’ Ethics Act 82 of 1998

2	Code of ethics 

	(1) The President must, after consultation with Parliament, by proclamation in the Gazette, publish a code of ethics prescribing standards and rules aimed at promoting open, democratic and accountable government and with which Cabinet members, Deputy Ministers and MECs must comply in performing their official responsibilities.

3	Public Protector to investigate breaches 

(1) The Public Protector must investigate any alleged breach of the code of ethics on receipt of a complaint contemplated in section 4. 

(2) The Public Protector must submit a report on the alleged breach of the code of ethics within 30 days of receipt of the complaint- 

(a)	to the President, if the complaint is against a Cabinet member, Premier or Deputy Minister; and

	(b)	to the Premier of the province concerned, if the complaint is against an MEC. 

(5) 	(a) The President must within a reasonable time, but not later than 14 days after receiving a report on a Cabinet member or Deputy Minister referred to in subsection 2 (a), submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly. 

(b) The President must within a reasonable time, but not later than 14 days after receiving a report on a Premier referred to in subsection (2) (a), submit a copy of the report and any comments thereon to the National Council of Provinces. 

(6) The Premier must within a reasonable time, but not later than 14 days after receiving a report referred to in subsection 2 (b), submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the provincial legislature.

Expropriation (Establishment of Undertakings) Act 39 of 1951

2	Expropriation and temporary use of land by certain persons

(1) With the approval of the Minister, granted on the written application of any person who has established or intends to establish any undertaking which has by resolution of both Houses of Parliament been declared to be an undertaking to which this Act applies, such person may, in the manner contemplated in section 3 and subject to an obligation to pay compensation and to such conditions as the Minister may impose, acquire, or take the right to use temporarily, any land described in the application or so much of such land as the Minister may determine, for or in connection with-

	(a)	the objects or functions of such undertaking; or

	(b)	the conveyance of any solid, liquid or gas, including any pipe line, conveyor belt, cableway, cocopan tramline, rackrailway, private railway branch line, railway siding or road.

Extradition Act 67 of 1962

2	Extradition agreements

(3) No such agreement or designation or any amendment thereof, or revocation of the designation, shall be of any force or effect-

	(a)	until the ratification of, or accession to, or amendment or revocation of such agreement or designation has been agreed to by Parliament;  

Films and Publications Act 65 of 1996

3	Establishment of Film and Publication Board and Film and Publication Review Board

(1) There is hereby established- 

	(a)	a juristic person which shall be known as the Film and Publication Board; and

	(b)	a juristic person which shall be known as the Film and Publication Review Board, 

which shall perform the functions, exercise the powers and carry out the duties, assigned to, conferred on or imposed upon them in terms of this Act.

14	Annual report

(1) As soon as practicable after the end of each financial year the Board shall, from information supplied to it by the chief executive officer and the chairperson of the Review Board, compile a report on all the activities of the Board and Review Board during that financial year, and on the financial position of the Board and Review Board as at the end of that financial year. 

(2) That report, together with the audited balance sheet and accounts pertaining to the funds of the Board and Review Board shall be submitted to the Minister, and the Minister shall lay it upon the Table in Parliament within 14 days after receipt thereof if Parliament is then in session, or if Parliament is not then in session, within 14 days of the commencement of the next session.

Finance and Financial Adjustments Acts Consolidation Act 11 of 1977

39	Provisions applicable to allocations of special drawing rights to Republic and transactions in such drawing rights

(1) Notwithstanding anything to the contrary contained in any other law, the Treasury may from time to time receive the allocations by the International Monetary Fund to the Republic of special drawing rights, as defined in section 1 of the South African Reserve Bank Act, 1944 (Act 29 of 1944).

(2) The special drawing rights referred to in subsection (1) shall be transferred to the South African Reserve Bank, in this section referred to as the bank, by the Treasury and the bank shall reimburse the Treasury with the equivalent in South African currency of the total amount of the value of such rights thus transferred by the Treasury.

(3) The amount accruing to the Treasury in terms of subsection (2), shall be credited to the State Revenue Account and transferred to the bank for the credit of an account (in this section referred to as the Special Drawing Rights Deposit Account) to be established and managed by the bank on behalf of the Treasury.

(4) Any expenditure, assessments, charges or interest payable relating to transactions of the Republic in respect of special drawing rights, shall be debited by the bank to an account (in this section referred to as the Drawing Rights Expense Account) to be established and managed by the bank on behalf of the Treasury.

(5) Any interest earned or any other revenue obtained relating to transactions of the Republic in respect of special drawing rights, shall be received on behalf of the Treasury by the bank and credited to an account (in this section referred to as the Drawing Rights Revenue Account) to be established and managed by the bank on behalf of the Treasury.

(6) Any expenditure incurred, loss sustained or profit gained as contemplated by subsections (4) and (5) and relating to transactions of the Republic in respect of special drawing rights, shall be for the account of the State Revenue Account.

(7) Moneys in the Special Drawing Rights Deposit Account may at any time be utilized by the Treasury to take over special drawing rights from the bank in order to redeem allocations of special drawing rights received by the Republic from the International Monetary Fund.

(8) Notwithstanding anything to the contrary contained in the Exchequer and Audit Act, 1975 (Act 66 of 1975), the Treasury is hereby authorized to grant from time to time to the accounting officer concerned, as a charge to the State Revenue Account, credits for the amounts required for the purposes of subsections (3) and (6).

(9) Any moneys which are utilized in terms of the provisions of subsections (3) and (6), shall be deemed to have been appropriated in terms of an Appropriation Act.

(10) The Auditor-General may accept as correct a certificate by the auditors of the bank, that any statement of account to which the certificate relates is a true and complete statement of all transactions, receipts and payments by the bank in terms of the provisions of this section during the period covered by such statement.

(11) Any balances on the accounts referred to in subsections (4) and (5), may be carried forward until such times as either the Treasury or the bank deems it desirable that a settlement of the outstanding balances shall be effected.

(12) The Minister of Finance shall as soon as possible after 31 March of each year lay on the Table of the Senate and of the House of Assembly a statement in which the receipts of and expenditure from the accounts established in terms of this section, are shown in respect of the year ending on the said date.

Financial Advisory and Intermediary Services Act 37 of 2002

25	Disestablishment and liquidation of Office 

(1) The Office may not be disestablished or liquidated except by an Act of Parliament.

(2) In the event of any such disestablishment or liquidation, the surplus assets of the Office (if any) accrue to the Board.

Financial and Fiscal Commission Act 99 of 1997

3	Functions

(2A)	(a) An organ of state in one sphere of government which seeks to assign a power or function to an organ of state in another sphere of government in terms of law must first, before assigning the power or function- …

(b) The Commission must, not later than 180 days from the date of its receipt of the notification and request contemplated in paragraph (a) or such other period agreed with the relevant organ of state, make such recommendation or give such advice on the intended assignment as may be appropriate.

(2C) If the Commission fails to comply with subsection (2A) (b), the Commission must submit written reasons for such failure to Parliament, and if appropriate, also to the relevant provincial legislature.

(6) The Commission must submit for tabling copies of all its recommendations made in terms of a provision of the Constitution to both Houses of Parliament and to the provincial legislatures.

26	Annual report

(1) The Commission must annually submit to both Houses of Parliament, to each provincial legislature and to the national organisation representing organised local government recognised in terms of the Organised Local Government Act, 1997, a report on the activities of the Commission during a financial year. 

(2) The report must be submitted within six months after the end of the financial year to which it relates, and must include- 

	(a)	a summary of all recommendations made by the Commission in terms of a requirement of the Constitution; and

	(b)	audited financial statements reflecting the Commission's financial affairs during the year, as required by the Public Finance Management Act, 1999 (Act 1 of 1999).

Financial Intelligence Centre Act 38 of 2001

3	Amendment of list of accountable institutions

	(1) The Minister may, by notice in the Gazette, amend the list of accountable institutions in Schedule 1 to-

	(a)	add to the list any person or category of persons if the Minister reasonably believes that that person or category of persons is used, or is likely to be used in future, for money laundering purposes;

	(b)	delete any institution or category of institutions from the list if the Minister reasonably believes that that institution or category of institutions is not being used, and is not likely to be used in the future, for money laundering purposes; or

	(c)	make technical changes to the list.

	(2) Before the Minister amends Schedule 1 in terms of subsection (1) (a) or (b), the Minister must consult the Council and the Centre, and-

	(a)	if only one person or institution will be affected by the proposed amendment, give that person or institution at least 30 days' written notice to submit written representations to the Minister; or

	(b)	if a category of persons or institutions will be affected by the proposed amendment, by notice in the Gazette give persons or institutions belonging to that category at least 60 days' written notice to submit written representations to the Minister.
	(3) Any addition to or deletion from the list of accountable institutions in Schedule 1 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

74	Exemptions for accountable institutions

(1) The Minister may, after consulting the Council and the Centre, and on conditions and for a period determined by the Minister, exempt from compliance with-

		(a)	any of the provisions of this Act-

		(i)	a person;
 
		(ii)	an accountable institution; or
 
		(iii)	a category of persons or accountable institutions;

	(b)	any or all of the provisions of this Act, a person or category of persons or an accountable institution or category of accountable institutions in respect of any one or more categories of transactions.

(2) Any exemption referred to in subsection (1)-

	(a)	must be by notice in the Gazette and may be withdrawn or amended by the Minister, after consulting with the Council and the Centre;

	(b)	must be tabled in Parliament before being published in the Gazette.

75	Amendment of list of supervisory bodies

(1) The Minister may, by notice in the Gazette, amend the list of supervisory bodies in Schedule 2 to-

	(a)	add to the list any entity or functionary which performs supervisory or regulatory functions in relation to any category of accountable institutions;

	(b)	delete any supervisory body from the list if that supervisory body no longer performs supervisory or regulatory functions in relation to any category of accountable institutions; or

	(c)	make technical changes to the list.

(2) Before the Minister amends Schedule 2 in terms of subsection (1) (a) or (b), the Minister must consult the Council and the Centre, and give the entity or functionary concerned, or the supervisory body concerned, as the case may be, at least 60 days' written notice to submit written representations to the Minister.

(3) Any addition to or deletion from the list of supervisory bodies in Schedule 2 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

76	Amendment of list of reporting institutions

(1) The Minister may, by notice in the Gazette, amend the list of reporting institutions in Schedule 3 to-

	(a)	add to the list any person or category of persons if the Minister reasonably believes that the person or category of persons is used, or is likely to be used in future, for money laundering purposes but it is not appropriate to impose on such person or category of persons the duties which apply to an accountable institution under this Act;

	(b)	delete any person or category of persons from the list if-

	(i)	the Minister reasonably believes that the person or category of persons is not being used, and is not likely to  be used in the future, for money laundering purposes; or
 
	(ii)	the person or category of persons is to be added to the list of accountable institutions; or

	(c)	make technical changes to the list.

(2) Before the Minister amends Schedule 3 in terms of subsection (1) (a) or (b), the Minister must consult the Centre and the Council, and-

	(a)	if only one person will be affected by the proposed amendment, give the person at least 30 days' written notice to submit written representations to the Minister; or

	(b)	if a category of persons will be affected by the proposed amendment, by notice in the Gazette give persons belonging to that category at least 60 days' written notice to submit written representations to the Minister.

(3) Any addition to or deletion from the list of reporting institutions in Schedule 3 in terms of subsection (1) (a) or (b) must, before publication in the Gazette, be approved by Parliament.

77	Regulations

(1) The Minister, after consulting the Council and the Centre, may make, repeal and amend regulations concerning-

	(a)	any matter that may be prescribed in terms of this Act; and

	(b)	any other matter which is necessary or expedient to prescribe to promote the objectives of this Act.

(4) The Minister must table regulations, repeals and amendments made under subsection (1) in Parliament before publication in the Gazette.

Financial Services Board Act 97 of 1990

25	Liquidation

(1) The board shall not be placed in liquidation except by Act of Parliament.

(2) In the event of the liquidation of the board, the surplus assets of the board (if any) shall accrue to the State.

Financial Supervision of the Road Accident Fund Act 8 of 1993

1	Definitions

	'executive officer' means the person appointed as such in terms of section 13 of the Financial Services Board Act, 1990 (Act 97 of 1990);

4	Reports by executive officer

The executive officer shall within six months after the end of every financial year of the Fund submit a report on the business of the Fund carried on during the financial year concerned to the Minister, and the Minister shall within 14 days after receipt of such submission lay the report upon the Table in Parliament, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Firearms Control Act 60 of 2000

4	Prohibited firearms

(3)	(a) The Minister may, by notice in the Gazette, declare any other firearm of a specified type to be a prohibited firearm if it is- 

		(i)	in the interest of public safety; or 

		(ii)	desirable for the maintenance of law and order.

	(b) A notice contemplated in paragraph (a) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

	(c) A notice contemplated in paragraph (a) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

5	Devices not firearms for purposes of this Act

(1) For purposes of this Act, the following devices are not regarded as firearms:

	(k)	any other device which the Minister may, by notice in the Gazette, exempt.

(2) A notice contemplated in subsection (1) (k) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1) (k) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

14	Licence to possess restricted firearm for self-defence

(1) For purposes of this Act, a restricted firearm is any- 

	(b)	firearm declared by the Minister, by notice in the Gazette, to be a restricted firearm.

(2) A notice contemplated in subsection (1) (b) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1) (b) will be of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

92	Prohibitions and restrictions on use of certain ammunition

(1) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of ammunition of a specified class if it is- 

	(a)	in the interest of public safety; or 

	(b)	desirable for the maintenance of law and order.

(2) A notice contemplated in subsection (1) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

(3) A notice contemplated in subsection (1) is of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

94	Prohibition of possession of firearm parts

(4)	(a) The Minister may, by notice in the Gazette, prohibit or restrict the acquisition, disposal, possession or use of firearm parts if it is- 

		(i)	in the interest of public safety; or 

		(ii)	desirable for the maintenance of law and order.

	(b) A notice contemplated in paragraph (a) must be tabled in Parliament at least 14 days before publication thereof if Parliament is then sitting, and if Parliament is not sitting, within seven days after the commencement of the next sitting.

	(c) A notice contemplated in paragraph (a) will be of full force and effect until withdrawn by the Minister or by a resolution of Parliament.

139	Amnesty 

(1) The Minister may, by notice in the Gazette, declare an amnesty if- 

	(a)	the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa; and 

	(b)	it is in the public interest to do so.

(2) A notice contemplated in subsection (1)- 

	(a)	will only be valid if it is approved by Parliament;

	(b)	must specify the period during which persons may apply for amnesty; and 

`	(c)	must specify the conditions under which amnesty may be granted.

150	Deactivation of firearms

(4)	(a) The Minister may, by notice in the Gazette, determine that a certificate of deactivation which is valid in a country other than the Republic is a valid certificate of deactivation in the Republic.

	(b) A notice contemplated in paragraph (a) must be approved by Parliament before publication thereof.

Forest Act 122 of 1984
57	National Botanical Institute

(1) As from the commencement of the Forest Amendment Act, 1991, the juristic person established by this section, as it read before the substitution thereof by section 5 of the said Act, shall be known as the National Botanical Institute.

66	National botanic gardens

(3) Except with the approval, by resolution, of Parliament, land contemplated in subsection (2) (a) (i) which forms part of a national botanic garden or land contemplated in section 67 (2) shall not be alienated or employed for any other purpose

70	Reports by institute

(1) The institute shall as soon as practicable after the end of each financial year submit to the Minister a report with regard to-

	(a)	its functions during that year together with an audited balance sheet and a statement of its income and expenditure during that year; and

	(b)	any other matter which the Minister may request the institute to deal with in that report.

(2) The Minister must lay that report upon the Table in Parliament within 14 days after he has received it, if Parliament is then in session or, if Parliament is not then in session, within 14 days of the beginning of the next session.

General and Further Education and Training Quality Assurance Act 58 of 2001
4	Establishment of Council

	A juristic person to be known as Umalusi, the Council for General and Further Education and Training Quality Assurance is hereby established.

15	Audit and annual report

	(1) The statements of account and balance sheet of the Council must be audited at the end of each financial year by a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1991 (Act 80 of 1991), and appointed by the Council with the approval of the Auditor-General.

	(2) The Council must not later than five months after the end of each financial year submit to the Minister an annual report in such form as the Minister may determine on the performance of its functions during that financial year, including an audited balance sheet and a statement of income and expenditure.

	(3) The Minister must table the annual report, including the balance sheet and statement of income and expenditure referred to in subsection (2), in Parliament within one month after receipt thereof, if Parliament is then sitting, and if Parliament is not then sitting, within one month after the commencement of the next sitting.

General Pensions Act 29 of 1979
13	Pension benefits for officers and employees of Parliament and their widows and dependants

(1) The annuity, gratuity or other benefit to which an officer of Parliament as defined in section 1 of the Powers and Privileges of Parliament Act, 1963 (Act 91 of 1963), or the widow or dependant of any such officer becomes entitled, as calculated in terms of the provisions of the Pension Scheme for Officers of Parliament (hereinafter in this section referred to as the Scheme), shall be paid to the beneficiary from moneys appropriated by Parliament for that purpose, and a certificate duly signed by the Speaker, as defined in section 1 of that Act, to the effect that any such officer or his widow or dependant, as the case may be, has become entitled to be paid benefits under the relevant provisions of the Scheme, and setting out particulars of such benefits and of the terms and conditions, if any, subject to which they are payable, shall constitute the requisite authority for the payment of such benefits.

(2) Any annuity, gratuity or other benefit as determined by the Speaker, payable to an employee who was full-time in the Parliamentary service, but who was not on the fixed establishment of Parliament, or to the widow or any other dependant of such person, shall be paid to the beneficiary from moneys appropriated by Parliament for the purpose, and a certificate, duly signed by the Speaker, that such employee or his widow or other dependant, as the case may be, has become entitled to be paid such benefits, and setting out particulars of such benefits and of the terms and conditions, if any, to which the payment thereof is subject, shall constitute the requisite authority for the payment of such benefits.

(3) An employee referred to in subsection (2) shall for the purpose of the application of the provisions of that subsection be deemed not to be an 'officer of Parliament' within the meaning of subsection (1).

(4) The provisions of section 2, 3, 4 and 9 shall apply mutatis mutandis to any annuity, gratuity or benefit referred to in this section, and any reference in those provisions to the Minister or Secretary shall be construed as a reference to the Speaker.

13A	Pension contributions by Secretary to Parliament

(1) Pension contributions at the prescribed rate shall be deducted from the pensionable emoluments of the Secretary to Parliament with effect from 1 April 1980 and be paid to the State Revenue Fund.

(2) For the purposes of subsection (1)-

'pensionable emoluments' means the amount of the salary and allowances of the Secretary to Parliament which the Speaker determines;

Government Employees Pension Law, 1996 (Proclamation 21 published in Government Gazette 17135 of 19 April 1996)

6	Management of Fund by Board of Trustees

	(1) There is hereby established a board which shall be known as the Board of Trustees and which shall be constituted as prescribed.

9	Annual financial statements

(1) The Board shall in respect of each financial year draw up annual financial statements and shall submit copies of such statements, audited in terms of section 13, to the Minister.

(2)	The statements mentioned in subsection (1) shall consist of-

	 (a)	a statement of funds and net assets;

(b)	a revenue account;

(c)	a cash flow statement;

	(d)	notes to explain such statements;

	(e)	a report of the Board referred to in section 10; and

	(f)	such other statements as may be prescribed.

(3) The statements mentioned in subsection (1) shall be in the prescribed form and shall be accompanied by a report of the auditors referred to in section 13.  

(4) The annual financial statements referred to in subsection (1) shall, in conformity with generally accepted accounting practice, fairly present the state of affairs of the Fund and its business and financial position as at the end of the financial year in question.

(5) The annual financial statements referred to in subsection (1) shall by figures, a descriptive report and information explain any other matter relevant to the affairs of the Fund.

(6) The Minister shall, within 30 days of the receipt thereof, submit the financial statements, report and information referred to in this section, to Parliament together with such comments as the Minister may wish to make.

20	Benefits may not be granted or varied except in accordance with an Act of Parliament

(1) Save as is otherwise provided in this Law, no award of a benefit or any increase thereof and no alteration of any condition or condonation of a breach of any condition upon which such benefit is by law earned or to be earned in respect of a pensioner of the Fund, the Temporary Employees Pension Fund or a previous fund, shall be lawful unless the award, increase, alteration or condonation is authorized by an Act of Parliament.

(2) If an award contemplated in subsection (1) is granted, the employer shall immediately compensate the Fund in full for the liability incurred by the Fund as calculated by an actuary.

Government Service Pension Act 57 of 1973

8	Annuities or benefits may not be granted or varied except in accordance with statute

Save as is otherwise provided in this Act, no award of an annuity or other similar benefit or any increase thereof in respect of any person's former employment in the public service, the permanent force, the police force, the prisons service or provincial service, or in the public or civil service of any part of South Africa now included in the Republic, and no alteration of any condition or condonation of a breach of any condition upon which such annuity or benefit is by law earned or to be earned, shall be lawful unless the award, increase, alteration or condonation is specially authorized by Act of Parliament.

Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996

5	Regulations

(1) The Minister may make regulations- 

	(a)	to give effect to any provision of the Convention;

	(b)	prescribing fees, and providing for the recovery of any expenditure incurred, in connection with the application of the Convention. 

(2) A regulation made under subsection (1) may prescribe a penalty of a fine or of imprisonment for a period not exceeding 12 months for any contravention thereof or failure to comply therewith. 

(3) Any regulation made under subsection (1) shall be laid upon the Table in Parliament within 14 days after the publication thereof in the Gazette if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the next ensuing ordinary session. 

(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by both Houses of Parliament during the session in which such regulation has been laid upon the Table, be rejected, and if the said regulation or provision is so rejected the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.

Heraldry Act 18 of 1962
3.   Bureau of heraldry
(1)  There is hereby established a bureau of heraldry for the registration of heraldic representations, names, special names or uniforms and for the performance of such other functions as are assigned to the bureau by or under this Act.

6	Heraldry council and heraldry committee

(1) There is hereby established a heraldry council which shall consist of the state herald and at least six other members appointed by the Minister on such conditions and for such period as he may determine: Provided that the Minister may at any time remove any member appointed by him from office if in his opinion sufficient reasons exist for doing so.

(3) There is hereby established a heraldry committee consisting of the chairman and the state herald and such number of other members of the council as the Minister may designate, to-

24	Annual report

(1) The state herald shall report annually to the Minister on the activities of the bureau and the council.

(2) The Minister shall table a copy of such report in Parliament within 14 days after receipt thereof if Parliament is then sitting or, if Parliament is not then sitting, within 14 days after the commencement of the next ensuing sitting of Parliament.

Higher Education Act 101 of 1997

3	Determination of higher education policy

(1) The Minister must determine policy on higher education after consulting the CHE. 

(2) The Minister must-

	(a) 	publish such policy by notice in the Gazette; and

	(b) 	table such policy in Parliament.

4	Establishment of Council on Higher Education (CHE)

The Council on Higher Education (CHE) is hereby established as a juristic person.

19	Annual report

(1) The CHE must, within six months after the end of each financial year, submit a report to the Minister on the performance of its functions during the past financial year.

(2) The Minister must table copies of the report in Parliament as soon as reasonably practicable.

32	Institutional statutes and institutional rules

(1) The council of a public higher education institution may make-

	(a) 	an institutional statute, subject to section 33, to give effect to any matter not expressly prescribed by this Act; and

	(b) 	institutional rules to give effect to the institutional statute. 

33	Institutional statutes to be approved or made by Minister

(1) Any institutional statute must be submitted to the Minister for approval, and if so approved must be published by notice in the Gazette and comes into operation on the date mentioned in such notice. 

(2) The Minister must table any institutional statute made under section 32 in Parliament as soon as reasonably practicable after it has been published as contemplated in subsection (1). 

42	Action on failure of council to comply with this Act or certain conditions

(1) If the council of a public higher education institution fails to comply with any provision of this Act under which an allocation from money appropriated by Parliament is paid to the institution, or with any condition subject to which any such allocation is paid to such institution, the Minister may call upon such council to comply with the provision or condition within a specified period. 

(2) If such council thereafter fails to comply with the provision or condition, the Minister may withhold payment of any commensurate portion of any allocation appropriated by Parliament in respect of the public higher education institution concerned. 

(3) Before taking action under subsection (2), the Minister must-

	(a) 	give notice to the council of the public higher education institution concerned of the intention so to act; 

	(b) 	give such council a reasonable opportunity to make representations; and

	(c) 	consider such representations. 

(4) If the Minister acts under subsection (2), a report regarding such action must be tabled in Parliament by the Minister as soon as reasonably practicable after such action.

Housing Act 107 of 1997

2	General principles applicable to housing development

(2)	(a) The Minister may, by notice in the Gazette, prescribe-

	(i)	any principle for housing development in addition to, and consistent with, the principles set out in subsection (1) (a) to (l); and

(3)	(a) A list of notices published in terms of subsection (2) (a) in the Gazette during the period covered in the list, must, within 14 days after the publication of any such notice in the Gazette, be submitted to Parliament for approval.

	(b) Such list of notices must in respect of each notice state the number and title of the notice and the number and date of the Gazette in which it was published.

	(c) If Parliament disapproves of any principle in such notice or any provision of such principle, such principle or provision ceases to have elect, but without prejudice to-

	(i)	the validity of anything done in terms of such principle or provision before it so ceased to have effect; and

	(ii)	any right or liability acquired or incurred in terms of such principle or provision before it so ceased to have effect.

11	South African Housing Fund

(1) The South African Housing Fund established by section 12B (1) (a) of the Housing Arrangements Act, 1993 (Act 155 of 1993), continues to exist for the purposes of financing activities in terms of this Act, despite the repeal of that Act by section 20.
(7)	(a) The Director-General must as soon as possible after, but within four months of 31 March in each year, submit detailed statements signed by him or her showing the result of the previous year's transactions and the balance sheet of the Fund to the Minister.

	(b) The Minister must without delay submit to Parliament such statements and balance sheet.

14	Arrangements regarding assets and liabilities of National Housing Board

…

(9)	(a) The Minister must, within one year of the commencement of the Housing Amendment Act, 1999, institute a national housing programme to phase out every housing subsidy granted in terms of-

		(i)	the Housing Act, 1966;

		(ii)	the Development and Housing Act, 1985;

		(iii)	the Housing Act (House of Representatives), 1987;

		(iv)	the Development Act (House of Representatives), 1987; or
	(v)	the Housing Development Act (House of Delegates), 1987.

	(b) Such national housing programme must contain time limits to phase out the various categories of housing subsidies.

	(c) The Minister must report quarterly to the parliamentary committees for housing of the National Assembly and the National Council of Provinces on the progress with the implementation of such national housing programme.

19	Annual report

(1) The Director-General must annually submit to the Minister a report on activities in terms of this Act.

(2) The Minister must without delay submit such report to Parliament.

Housing Consumers Protection Measures Act 95 of 1998

2	Establishment of Council

The National Home Builders Registration Council is hereby established as a juristic person.

4	Composition of Council

(1) The Council shall consist of at least seven but not more than 15 members, including a chairperson and deputy chairperson, appointed by the Minister for the period determined by the Minister, but not exceeding three years at a time. 

(2) The Minister shall ensure that the Council consists of persons- 

	(a)	who are representative of the interests of housing consumers;

	(b)	who are broadly representative of the interests of home builders, the suppliers of housing goods and services and associated professions; 

	(c)	having skills and experience regarding-

	(i)	structural defects in homes and the prevention thereof; and

		(ii)	the management of funds; and

	(d)	who are representative of the interests of the national government departments responsible for housing, trade and industry, finance and public works,

which persons shall as far as possible reflect broadly the race, gender and geographic composition of South Africa. 

(3)  The members of the Council shall be appointed only after-

	(a)	the Minister has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Council; and

	(b)	the Minister has consulted with the MEC of every province and the parliamentary committees for housing of the National Assembly and the National Council of Provinces. 

(4) When a vacancy occurs in the ranks of the members appointed in terms of  subsection (2), the Minister shall fill the vacancy by the appointment of another person whom the Minister considers representative of the relevant interest group referred to or having the skills and expertise referred to in subsection (2) (c), for the unexpired part of the period for which his or her predecessor was appointed.

23	Council Advisory Committee

(1) The Minister shall appoint a Council Advisory Committee on National Home Builder Registration Council Matters within two years of the commencement of this Act. 

(2) The Council Advisory Committee shall consist of at least three but not more than seven members, including a chairperson. 

(3) The Minister shall ensure that the Council Advisory Committee consists of persons having skills and experience regarding housing consumer protection, insurance, competition and regulation matters, and construction dispute resolution. 

(4) The members of the Council Advisory Committee shall be appointed only after- 

	(a)	the Minister has through the media and by notice in the Gazette invited applications for the respective positions; and

	(b)	the Minister has consulted with the MEC of every province and the parliamentary committees for housing of the National Assembly and the National Council of Provinces. 

(6) A member of the Council Advisory Committee shall hold office for the period that the Minister may determine and shall be eligible for reappointment upon the expiration of the period of his or her office. 

(7) Section 4 (4), (5) and (6) shall, with the necessary changes, apply to the Council Advisory Committee.

8	Report to Minister and Parliament

(1) The Council shall annually, not later than six months after the end of each financial year, submit to the Minister a report on all its activities during the previous year, including-

	(a)	the audited financial statements of the Council referred to in section 15 (6) (d);

	(b)	a report on the affairs of the Council during the relevant financial year; 

	(c)	a report on the administrative efficiency of the Council; and

	(d)	a report on the financial position of the Council, including any fund. 

(2) The report referred to in subsection (1) shall be laid upon the Table in Parliament  within 30 days after it was received by the Minister, if Parliament is then in session, or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

Human Rights Commission Act 54 of 1994

3	Term of office of members of Commission

(1) The members of the Commission referred to in section 115 (1) of the Constitution may be appointed as full-time or part-time members and shall hold office for such fixed term as the President may determine at the time of such appointment, but not exceeding seven years: Provided that not less than five members are appointed on a full-time basis: Provided further that the President shall remove any member from office if- 

	(a)	such removal is requested by a joint committee composed as contemplated in section 115 (3) (a) of the Constitution; and

	(b)	such request is approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting

(4) A member of the Commission may resign from office by submitting at least three months' written notice thereof to Parliament, unless Parliament by resolution allows a shorter period in a specific case.

15	Reports by Commission

(2) In addition to the report contemplated in section 118 of the Constitution, the Commission shall submit to the President and Parliament quarterly reports on the findings in respect of functions and investigations of a serious nature which were performed or conducted by it during that quarter: Provided that the Commission may, at any time, submit a report to the President and Parliament if it deems it necessary.

Human Sciences Research Act 23 of 1968

2	Establishment and general powers of Human Sciences Research Council

(1) There is hereby established a council to be known as the Human Sciences Research Council.

13	Auditing and annual report

(1) The financial year of the council shall terminate on the 31st day of March in each year.

(4)	(a) The council shall furnish to the Minister such information in connection with the activities and financial position of the council as he may from time to time require, and shall in addition, as soon as possible after the end of every calendar year, submit to the Minister an annual report, including a balance sheet and a statement of income and expenditure in respect of the financial year ending in the calendar year in question, certified by the Controller and Auditor-General, and such other particulars as the Minister may require.

(b) The Minister shall lay the said report upon the Table of Parliament within fourteen days after receipt thereof, if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Immigration Act 13 of 2002

4	Immigration Advisory Board

(1) The Immigration Advisory Board is hereby established.

7	Regulation making

(1) The Minister shall have the power to make regulations called for, or conducive to, the implementation of this Act and in making regulations in terms of this Act, the Minister shall-

	(a)	publish and table in Parliament his or her intention of adopting regulations specifying their subject matter and soliciting public comments during a period not shorter than 21 calendar days; 

	(b)	having considered public comments received, publish and table in Parliament draft regulations soliciting further comments during a period not shorter than 21 calendar days; and 

	(c)	publish the final regulations together with a summary of comments which have not been accommodated and the reasons for their rejection.

`	(2) Only subsection (1) (b) and (c) shall apply in respect of any regulations which this Act requires to be prescribed from time to time.

(4) Regulations shall be consistent with this Act, and shall not disregard the advice of the Board and public comments in an arbitrary or capricious manner: Provided that any regulation made in terms of this section shall be tabled within 30 days after its promulgation if Parliament is in session and if Parliament is in recess when the regulation is published, within 12 days after the resumption of the session.

47	Internal monitoring and controls

(1) The Department shall set up an internal anti-corruption unit charged with the task of preventing, deterring, detecting and exposing any instance of corruption, abuse of power, xenophobia and dereliction of duty by a person employed in the Department, provided that such unit shall-

	(a)	not oust the jurisdiction or the investigative authority of any other organ of State; and 

	(b)	comprise specialized members seconded from time to time and on a rotating basis by the National Commissioner of the South African Police Service.

(2) The Director-General shall report to the Minister and inform the Board annually on-

	(a)	measures and proposals aimed at increasing the efficacy, efficiency and cost-effectiveness of the Department; and 

	(b)	statistical data relating to the implementation of this Act and the Department.

(3) The Board shall utilise the information referred to in subsection (2) in its annual report to Parliament.

[editorial note: the Act does not appear to make further provision for an annual report to be submitted by the board.]

Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002

10	Proceedings before competent court after arrest for purposes of surrender

(8)	(a) 
…
(g) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, within six months after the date of commencement of this Act, make and implement rules of procedure which provide for the expeditious and urgent finalisation of an appeal contemplated in this section.

(h) Any rule made under paragraph (g) must, before publication thereof in the Gazette, as contemplated in section 6 (4) of the Rules Board for Courts of Law Act, 1985, be approved by Parliament.

31	Designation of Republic as State in which sentences of imprisonment can be served 

(1) In order to give effect to paragraphs 1 (a) and (b) of Article 103 of the Statute, the Cabinet member responsible for correctional services, must, as soon as practicable after the commencement of this Act-

	(a)	in consultation with the Cabinet; and 

	(b)	with the approval of Parliament, 

inform the Court, through the Central Authority, whether the Republic can be placed on the list of States willing to accept sentenced persons, and if so, of the conditions pertaining to such acceptance.

Income Tax Act 58 of 1962

12G	Additional industrial investment allowance in respect of industrial assets used for qualifying strategic industrial projects

(4) An industrial project of a company constitutes a strategic industrial project where, the Minister of Trade and Industry, after taking into account the recommendations of the adjudication committee, is satisfied that- 

	 (a)	the cost of all industrial assets to be acquired by the company, which will be brought into use for that industrial project within four years after the date of approval in terms of subsection (5), will exceed R50 million;

	(b)	the industrial project will increase production of, and employment in, the relevant industrial sector within the Republic, after taking into account the displacement within that sector;

	(c)	in the case of an industrial project that represents an expansion of an existing industrial project, the expansion will significantly increase production in respect of that existing project; 

	(d)	the company will not receive any concurrent benefit in terms of section 37E or section 37H of this Act; 

	(e)	the industrial project will not constitute an industrial participation project as contemplated in subsection (7) (e) and will not receive any concurrent investment incentive provided by any national sphere of government; 

	(f)	the industrial project will have long-term commercial viability after the deduction provided by this section has been allowed and has been set off against the income of that company; 

	(g)	the company and any person which is a connected person in relation to that company in terms of- 

	(i)	paragraph (d) (i), (ii) or (iii) of the definition of 'connected person' in section 1; or 

	(ii)	paragraph (d) (iv) or (v) of that definition, taking into account only holdings of 50 per cent or more,

are taxpayers in good standing and must in this regard submit- 

	(aa)	a declaration of good standing stating that all their tax affairs are in order and that they have complied with all the relevant provisions of the laws administered by the Commissioner; and 

	(bb)	a certificate obtained from the Commissioner confirming that the company and all connected persons are registered for tax purposes, that all returns required to be rendered by that company and connected persons in terms of this Act, or any other Act administered by the Commissioner, have been timeously rendered and that any tax, duties or levies due to the Commissioner have been paid, or that arrangements acceptable to the Commissioner have been made for the submission of any outstanding returns or the payment of any outstanding taxes, duties or levies: Provided that where the company submits a request to the Commissioner for a certificate and the Commissioner fails to respond within 60 days, the company shall, in the absence of any proof to the contrary, be deemed to have complied with the provisions of this subparagraph; and 

	(h)	the application for approval of the project by the company is received by the Minister of Trade and Industry after 31 July 2001, but not later than 31 July 2005, in such form and containing such information as the Minister of Trade and Industry may prescribe.

(5) The Minister of Trade and Industry must, after taking into account the recommendations of the adjudication committee, approve a strategic industrial project as a qualifying strategic industrial project, either with or without preferred status, where that Minister is satisfied that the strategic industrial project will significantly increase growth or employment within the Republic having regard to- 

	(a)	the extent to which the strategic industrial project will upgrade an industry within the Republic by- 

	(i)	utilising processes or supplying products that are new to the Republic; 

	(ii)	acting as a key component to related existing industrial projects within the Republic so as to improve their competitiveness as a whole; or 

	(iii)	engaging in any value-added process; 

	(b)	the extent to which the strategic industrial project will provide general business linkages within the Republic by- 

	(i)	acquiring goods or services from small, medium and micro enterprises; or 

	(ii)	adding to the physical infrastructure of the Republic that will be available to the general public; and

	(c)	the extent to which the strategic industrial project will create either direct or indirect employment within the Republic.

(9) Where- 

	(a)	in respect of any company carrying on a qualifying strategic industrial project, any material fact changes during any year of assessment or the company during any year fails to comply with any requirement contemplated in subsection (4) or (5), which would have had the effect that approval in terms of subsection (5) would not have been granted had such change in fact or such failure been known to the Minister of Trade and Industry at the time of granting approval; or 

	(b)	any company carrying on a qualifying strategic industrial project during any year of assessments fails to submit a report to the Minister of Trade and Industry, as required in terms of subsection (8); or 

	(c)	the approval granted in terms of this section to a company carrying on a qualifying strategic industrial project, was based on any fraudulent information, material misrepresentation or material omission, 

the Minister of Trade and Industry must, after taking into account the recommendations of the adjudication committee, withdraw the approval granted in respect of that project with immediate effect and direct that the Commissioner must disallow all additional industrial investment allowances (including any additional industrial investment allowance allowed during that year or any previous year of assessment) in respect of any asset used in that project: Provided that where the change in material facts or failure to meet any requirement, as contemplated in paragraph (a), takes place as a result of any event which is outside the control of the company, that Minister may, taking into account the circumstances of that event,- 

	(i)	disregard that change in material facts; or 

	(ii)	withdraw the approval granted in terms of this section with immediate effect and may direct that the Commissioner must disallow any additional industrial investment allowance in respect of that year of assessment or any subsequent year of assessment.

(16) The Minister of Trade and Industry-

	(e)	must submit an annual report to Parliament, and must provide a copy of that report to the Auditor-General, setting out the following information in respect of each company that received approval in terms of subsection (5)- 

		(i)	the name of each company; 

		(ii)	the description of each project;

	(iii)	the potential national revenue forgone by virtue of the deductions allowable in respect of that project in terms of this section; 

	(iv)	the annual progress relating to the direct benefits of the project in terms of economic growth or employment, setting out the details of the factors contemplated in subsections (4) and (5) on which approval for the strategic industrial project was granted; 

	(v)	any decision to withdraw the approval of a project in terms of subsection (9); and 

	(vi)	any decisions not to withdraw the approval of a project, despite any material change in facts, as contemplated in paragraph (i) of the proviso to subsection (9).

18A	Deduction of donations to certain public benefit organisations

(1B) Any activity determined by the Minister in terms of subsection (1) (a) or any requirements prescribed by the Minister in terms of subsection (1A), must be tabled in Parliament within a period of 12 months after the date of publication by the Minister of that activity or those requirements, as the case may be, in the Gazette, for incorporation into this Act.

30	Public benefit organisations

(2) Any activity determined by the Minister in terms of paragraph (b) of the definition of 'public benefit activity' in subsection (1) or any conditions prescribed by the Minister in terms of subsection (3) (a) must be tabled in Parliament within a period of 12 months after the date of publication by the Minister of that activity or those conditions in the Gazette, for incorporation into this Act.

108	Prevention of or relief from, double taxation

(1) The National Executive may enter into an agreement with the government of any other country, whereby arrangements are made with such government with a view to the prevention, mitigation or discontinuance of the levying, under the laws of the Republic and of such other country, of tax in respect of the same income, profits or gains, or tax imposed in respect of the same donation, or to the rendering of reciprocal assistance in the administration of and the collection of taxes under the said laws of the Republic and of such other country.

(2) As soon as may be after the approval by Parliament of any such agreement, as contemplated in section 231 of the Constitution, the arrangements thereby made shall be notified by publication in the Gazette and the arrangements so notified shall thereupon have effect as if enacted in this Act.

Independent Broadcasting Authority Act 153 of 1993

1	Definitions

'Authority' means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000

13A	General role and powers of Minister

(5)	(a) Subject to paragraphs (c) and (d) the Minister may issue to the Authority policy directions of general application on matters of broad national policy consistent with the object mentioned in section 2 of the Broadcasting Act, 1998, in relation to- …

(6) The Minister shall, before a policy direction contemplated in subsection (5) is issued-

	(c)	refer the proposed direction for comment to the committees of Parliament appointed for the purpose of considering matters relating to broadcasting.

(7) The provisions of subsection (6) shall not apply in respect of any amendment by the Minister of a policy direction in consequence of comments or representations received by him or her pursuant to consultation, publication or reference in terms of that subsection.

45	Public broadcasting licences

(1) As soon as may be reasonably practicable after the commencement of this Act, the Authority shall conduct an inquiry in accordance with the provisions of section 28 into the protection and viability of public broadcasting services, with particular reference to the financing of such services, at the conclusion of which the Authority shall in writing furnish its findings and recommendations to the Minister, who shall Table the same in the Transitional Executive Council or, where the Transitional Executive Council has been dissolved in terms of section 29 of the Transitional Executive Council Act, 1993, in the National Assembly, within 14 days of receipt thereof: Provided that if, where such findings and recommendations are to be Tabled in the National Assembly, the National Assembly is not in session at the time, such Tabling shall be effected within 14 days after the commencement of its next ensuing session.

49	Limitations on control of commercial broadcasting services

(1) No person shall- 

	(a)	directly or indirectly exercise control over more than one commercial television broadcasting licence; or

	(b)	be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than one commercial television broadcasting licence; or

	(c)	be in a position to exercise control over a commercial television broadcasting licence and be a director of any company which is in a position to exercise control over any other commercial television broadcasting licence.

(2) No person shall- 

	(a)	be in a position to exercise control over more than two commercial FM sound broadcasting licences;

	(b)	be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than two commercial FM sound broadcasting licences; or

	(c)	be in a position to exercise control over two commercial FM sound broadcasting licences and be a director of any company which is in a position to exercise control over any other commercial FM sound broadcasting licence.

(3) A person referred to in subsection (2) shall not be in a position to control two commercial FM sound broadcasting licences which either have the same licence areas or substantially overlapping licence areas.

(4) No person shall- 

	(a)	be in a position to exercise control over more than two commercial AM sound broadcasting licences;

	(b)	be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than two commercial AM sound broadcasting licences; or

	(c)	be in a position to exercise control over two commercial AM sound broadcasting licences and be a director of any company which is in a position to exercise control over any other commercial AM sound broadcasting licence.

(5) No person referred to in subsection (4) shall be in a position to control two commercial AM sound broadcasting licences which either have the same licence areas or substantially overlapping licence areas.

(6)	(a) On application by any person the Authority may, on good cause shown and without departing from the objects and principles as enunciated in section 2, exempt such person from adhering to any one of the limitations contemplated in the preceding subsections.

	(b) An exemption in terms of paragraph (a) may be made subject to such terms and conditions as the Authority deems appropriate and equitable in the circumstances.

(7) The Authority may, whenever deemed necessary in view of developments in broadcasting technology or for the purpose of advancing the objects and principles enunciated in section 2, after due inquiry in terms of section 28 make recommendations to the Minister regarding the amendment of any of the preceding subsections, which recommendations shall be Tabled in the National Assembly by the Minister within 14 days after receipt thereof, if the National Assembly is then in session, or, if the National Assembly is not then in session, within 14 days after the commencement of its next ensuing session.

50	Limitations on cross-media control of commercial broadcasting services

(1) Cross-media control of broadcasting services shall be subject to such limitations as from time to time determined by the Transitional Executive Council acting on the recommendation of the Authority, or, where the Transitional Executive Council has dissolved in terms of section 29 of the Transitional Executive Council Act, 1993, by the National Assembly so acting, in accordance with the provisions of the Constitution.

(2)	(a) No person who controls a newspaper may acquire or retain a financial control in both a radio and TV licence.

	(b) No person who is in a position to control a newspaper may be in a position to control a radio or television licence in an area where the newspaper has an average ABC circulation of 20% of the total newspaper readership in the area, if the licence area of the radio licencee overlaps substantially with the said circulation area of the newspaper.

	(c) Substantial overlap shall be interpreted to mean an overlap by 50% or more.

	(d) A 20% shareholding in a radio or television licence shall be deemed to constitute control.

	(e) The shareholding and financial structures of commercial broadcasting licensees will form part of the annual reports submitted to the authority.

(3) The Authority may on good cause shown and without departing from the objects and principles as enunciated in section 2, exempt the publisher of a newspaper or, where such publisher is a company, the person in control of such company, from adherence to any of the limitations determined in terms of this section.

(4) The Authority may, whenever deemed necessary in view of developments in broadcasting technology or for the purpose of advancing the objects and principles as enunciated in section 2, institute and conduct a public inquiry and make recommendations to the Minister regarding the amendment of any of the preceding subsections of this section.

(5) The recommendations contemplated in subsection (4) shall be Tabled in the National Assembly by the Minister within 14 days of receipt thereof, if the National Assembly is then in session, or, if the National Assembly is not then in session, within 14 days after the commencement of its next ensuing session.

(6) A determination made in terms of subsection (1), whether pursuant to the first inquiry referred to in section 28 (8) or to any subsequent inquiry conducted in accordance with the provisions of this Act, shall not be applicable to and not be enforceable against any broadcasting licensee to which such determination relates for the duration of the term of the licence valid at the time such determination is made, but shall become applicable to and enforceable against such a broadcasting licensee only upon the renewal of his or her licence upon the expiration of such term.

81	Liquidation

The Authority shall not be placed in liquidation except under the authority of and in accordance with an Act of Parliament specially adopted for that purpose.

Independent Commission for the remuneration of Office-bearers Act 92 of 1997

2	Establishment of Commission

There is hereby established a commission to be known as the Independent Commission for the Remuneration of Public Office-bearers.

8	Functions of Commission

(3) The Commission may conduct or cause to be conducted such research or obtain such information from the Secretary to Parliament, the secretary to any provincial legislature, the secretary to the National House of Traditional Leaders, the secretary to any provincial house of traditional leaders, the chief executive officer of any municipality, the Chief Justice or any person designated for that purpose by the Chief Justice, or any functionary or body as may be necessary for the performance of the functions of the Commission under this Act, section 219 of the Constitution or any other law.

(4) The Commission shall, after taking into consideration the factors referred to in subsection (6), publish in the Gazette recommendations concerning- 

	(a)	the salary, allowances and benefits of any office-bearer as defined in paragraphs (a), (d) and (e) of the definition of 'office-bearer' in section 1; 

	(b)	the upper limits of the salary, allowances or benefits of any office-bearer as defined in paragraphs (b) and (c) of the definition of 'office-bearer' in section 1; and 

	(c)	the resources which are necessary to enable an office-bearer as defined in paragraphs (a), (b), (c) and (e) of the definition of 'office-bearer' in section 1 to perform the office-bearer's functions effectively.

(5) Recommendations referred to in subsection (4) must be published in the Gazette at least once a year in respect of each category of office-bearers and must be submitted to Parliament before publication.

10	Annual report

(1) The Commission shall within two months after 31 December of each year submit to the President a report on its activities during that year. 

(2) The President shall cause a copy of the report submitted in terms of subsection (1) to be tabled in Parliament as soon as may be practicable.

Independent Communications Authority of South Africa Act 13 of 2000

3	Establishment of Independent Communications Authority of South Africa

(1) There is hereby established a juristic person to be known as the Independent Communications Authority of South Africa.

(2) The Authority acts through the Council contemplated in section 5.

5	Constitution of and appointment of councillors to Council

(1) The Council consists of seven councillors appointed by the President on the recommendation of the National Assembly according to the following principles, namely-

	(a)	participation by the public in the nomination process:

	(b)	transparency and openness; and

	(c)	the publication of a shortlist of candidates for appointment, with due regard to subsection (3) and section 6.

6	Disqualification

(1) A person may not be appointed as a councillor if he or she-

	(a)	is not a citizen of the Republic;

	(b)	is not permanently resident in the Republic;

	(c)	is a public servant or the holder of any other remunerated position under the State;

	(d)	is a member of Parliament, any provincial legislature or any municipal council;

	(e)	is an office-bearer or employee of any party, movement or organisation of a party-political nature;

	(f)	or his or her family member has a direct or indirect financial interest in the telecommunications or broadcasting industry;

	(g)	or his or her business partner or associate holds an office in or with, or is employed by, any person or body, whether corporate or unincorporated, which has an interest contemplated in paragraph (f);

	(h)	is an unrehabilitated insolvent;

	(i)	has been declared by a court to be mentally ill or disordered;

	(j)	has at any time been convicted, whether in the Republic or elsewhere, of-

	(i)	theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or

		(ii)	an offence under this Act or the underlying statutes;

	(k)	has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), to a period of imprisonment of not less than one year without the option of a fine; or

	(l)	has at any time been removed from an office of trust on account of misconduct.

(2) A person who is subject to a disqualification contemplated in subsection (1) (b) to (i) may be nominated for appointment as a councillor, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification.

7	Terms of office

(1) The chairperson holds office for a period of five years as from the date of his or her appointment.

(2)	(a) Subject to paragraph (b), the other councillors hold office for a period of four years as from the date of their appointment.

	(b) Such three of the other councillors appointed to the first Council constituted after this Act takes effect as are determined by lot in accordance with Schedule 2, must vacate their offices upon expiration of a period of two years as from the date of their appointment.

8	Removal from office

(1) Subject to subsection (2), a councillor may be removed from office on account of-

	(a)	misconduct;

	(b)	inability to perform the duties of his or her office efficiently;

	(c)	absence from three consecutive meetings of the Council without the permission of the Council, except on good cause shown;

	(d)	a contravention of section 7 (6);

	(e)	failure to disclose an interest in terms of section 12 (2) (a) or voting or attendance at, or participation in, proceedings of the Council while having an interest contemplated in section 12 (1); or

	(f)	his or her becoming disqualified as contemplated in section 6 (1).

(2) A councillor may be removed from office only on-

	(a)	a finding to that effect by the National Assembly; and

	(b)	the adoption by the National Assembly of a resolution calling for that councillor's removal from office.

(3) The President-

	(a)	may suspend a councillor from office at any time after the start of the proceedings of the National Assembly for the removal of that councillor;

	(b)	must remove a councillor from office upon adoption by the National Assembly of the resolution calling for that councillor's removal.

9	Vacancies

(2)	(a) Where a vacancy has arisen as contemplated in subsection (1), the procedure contemplated in section 5 applies.

	(b) Any councillor appointed under this subsection holds office for the rest of the period of the predecessor's term of office, unless the National Assembly directs that such councillor holds office for a longer period which may not exceed four years.

12	Conflicting interests

(1) A councillor may not vote at, attend or in any other manner participate in, any meeting or hearing of the Council, nor be present at the place where the meeting is held, if-

	(a)	in relation to an application relating to a licence, he or she or his or her family member is a director, member or business partner or associate of or has an interest in the business of the applicant or of any person who made representations in relation to the application; or

	(b)	in relation to any matter before the Council, he or she has any interest which may preclude him or her from performing his or her functions as a councillor in a fair, unbiased and proper manner.

(2)	(a) If, during the course of any proceedings before the Council, there is reason to believe that a councillor has any interest contemplated in subsection (1), that councillor must immediately fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining councillors to discuss the matter and determine whether or not that councillor should be allowed to participate in the proceedings.

	(b) The disclosure, and the decision taken by the remaining councillors, must be recorded in the minutes of the proceedings in question.

(3) If any councillor fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Council is held or in any manner participates in the proceedings of the Council, the relevant proceedings of the Council shall be null and void.  

(4) A councillor is guilty of an offence and liable on conviction to a fine not exceeding R250 000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment, if he or she-

	(a)	contravenes subsection (1); or

	(b)	fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2).

16	Annual report

	(1) The Council must-

	(b)	as soon as may be reasonably practicable after the end of each financial year but in any event within three months of the end of the financial year, supply the Minister with a copy of-

			(i)	the annual report of the Authority;

(3) The Minister must table a copy of the annual report in Parliament within 30 days after it has been received by him or her if Parliament is then sitting and, if Parliament is not in sitting, within 14 days after the next ensuing sitting of Parliament.

Industrial Development Act 22 of 1940
Constitution and registration of Industrial Development Corporation of South Africa, Limited
—	(1)	There shall be a body corporate to be called the Industrial Development Corporation of South Africa, Limited.

12	Share capital

(1) Subject to the provisions of this section, the share capital of the corporation shall be ten million rand, which shall be divided into-

	(a)	one million ordinary shares of one rand each (hereinafter referred to as A shares); and

	(b)	nine million ordinary shares of one rand each (hereinafter referred to as B shares).

(2) The whole of the A and B shares shall be taken up by the Government.

(6) The A shares shall not be transferable by the Government otherwise than by the authority of an Act of Parliament; but the Minister may, as and when he or she thinks fit, sell or otherwise dispose of all or any of the B shares.

19	Information to be furnished to the Minister and to Parliament

(1) As soon as practicable after the meeting of shareholders at which the financial statements of the corporation are submitted has been held, the corporation shall transmit to the Minister in respect of its last preceding financial year copies of-

	(a)	financial statements showing separately the financial details in connection with any industrial undertaking established and conducted by the corporation under section 3 (a) and duly certified by the auditors appointed under section 17; and

	(b)	the report (if any) of the board submitted, and the address (if any) of the chairperson of the board delivered, at the said meeting, or if no such report was submitted or address delivered, a full report on the operations of the corporation during the said financial year.

(2) The Minister shall table copies of all such financial statements, reports or addresses in Parliament within 14 days after their receipt by him or her, if Parliament is sitting, or, if Parliament is not sitting, within 14 days after the commencement of the next ensuing sitting of Parliament.

20	Winding up of corporation

The corporation shall not be wound up except by or under the authority of an Act by Parliament.

Intelligence Services Oversight Act 40 of 1994

2	Establishment of Committee on Intelligence

(1) There is hereby established a Parliamentary Committee to be known as the Joint Standing Committee on Intelligence, which shall, subject to the Constitution, perform the oversight functions set out in this Act-

	(a)	in relation to the intelligence and counter-intelligence functions of the Services, which include the administration, financial management and expenditure of the Services; and

	(b)	in respect of the administration, financial management and expenditure of the Intelligence Services Entities,

and report thereon to Parliament.

(2)	(a) The Committee shall consist of 15 members of Parliament appointed on the basis of proportional representation determined according to the formula in paragraph (c): Provided that-

	(i)	if the total number of seats on the Committee allocated to the political parties in terms of paragraph (c) is less than 15, the unfilled seats shall not be allocated to any political party, but the Committee shall nevertheless be deemed to be properly constituted; and

	(ii)	if one political party has been allocated more than eight seats in terms of paragraph (c) and more than five political parties are represented in Parliament, the five minority parties with the largest representation in Parliament are entitled to at least one member each on the Committee, and the Committee so constituted shall be deemed to be properly constituted regardless of whether the total number of seats so allocated on the Committee is more or less than 15; and

	(iii)	if any political party is unwilling to serve or to continue to serve on the Committee, the seats of such political party on the Committee shall not be allocated to any other political party but the Committee shall nevertheless be deemed to be properly constituted.

	(b) No member of Parliament shall be appointed as a member of the Committee before the Agency has issued a security clearance in the prescribed manner in respect of that member.

	(c) Political parties shall be entitled to designate a member or members to the Committee in accordance with the principle of proportional representation and as determined according to the following formula: By dividing the number of seats held by the party in the National Assembly by the total number of seats in the National Assembly, multiplying the result by 15 and discarding all decimals.

(3)	(a) A member referred to in subsection (2) shall be appointed by the Speaker or the Chairperson of the National Council of Provinces, depending upon the House of Parliament from which the member is appointed, acting with the concurrence of the President, who shall act with the concurrence of the leader of the political party concerned.

	(b) In the event that agreement is not reached in respect of the appointment of a particular member, the matter shall be referred for determination to a committee consisting of the President, the Speaker, the Chairperson of the National Council of Provinces and the leader of the political party concerned, and the decision of the committee shall be final.

	(c) The Committee shall within a period of two years after its first meeting review the appointment procedures referred to in paragraphs (a) and (b).

(4) The Speaker and the Chairperson of the National Council of Provinces acting with the concurrence of the President, who shall act after consultation with the leaders of the political parties represented on the Committee, shall appoint a member of Parliament, excluding a member appointed to the Committee in terms of subsection (3), as the  chairperson of the Committee and subsection (2) (b) shall apply with the necessary changes to such member.

(5) A member of the Committee- 

	(a)	shall, subject to paragraph (b), be appointed as a member until the Parliament to which he or she has been elected under the Constitution, is dissolved in terms of the Constitution; 

	(b)	shall be replaced with a member of his or her party in accordance with subsection (3) or (4), as the case may be-

		(i)	at the request of the leader of his or her party; or

	(ii)	if he or she has conducted himself or herself in a manner which constitutes a threat to national security in the opinion of the Speaker or the Chairperson of the National Council of Provinces, as the case may be, with the concurrence of the Committee and the President, acting after consultation with the leader of the party concerned.

	(c)	may resign by notice in writing to the Speaker or the Chairperson of the National Council of Provinces, as the case may be, in which event a substitute shall be appointed in accordance with paragraph (b) and subsection (3) or (4), as the case may be. 

(6)	(a) The Committee shall meet at such times and follow such procedures as may be prescribed by the rules and orders contemplated in section 45 of the Constitution.

	(b) The Committee may initiate and recommend to the Joint Rules Committee of Parliament any such rules and orders in so far as they relate to the functions and activities of the Committee.

(7) No person other than members of the Committee or members of the staff referred to in subsection (8) may be present during the proceedings of the Committee, except with the permission of the Committee.

(8) The Committee shall be assisted in the performance of its functions by-

	(a)	officers of Parliament designated for that purpose by the Speaker and the Chairperson of the National Council of Provinces; and

	(b)	persons designated for that purpose by the Minister, after consultation with the Speaker, the Chairperson of the National Council of Provinces, the chairperson and the Heads of the Services.

3	Functions of Committee

The functions of the Committee are- 

	(a)	notwithstanding anything to the contrary contained in any other law or the common law, to obtain from- 

	(i)	the Auditor-General an audit report compiled in accordance with section 4 (6) of the Auditor-General Act, 1995 (Act 12 of 1995), and after obtaining the report, to consider- 

	(aa)	 the financial statements of the Services, Academy and Comsec; 

	(bb)	 any audit reports issued on those statements; and 

	(cc)	any reports issued by the Auditor-General on the affairs of the Services, Academy and Comsec,

and report thereon to Parliament;

	(ii)	the Evaluation Committee a report on the secret services and intended secret services evaluated and reviewed by it, together with any comments or recommendations which the Evaluation Committee may deem appropriate;

	(iii)	any judge as defined in section 1 of the Interception and Monitoring Prohibition Act, 1992 (Act 127 of 1992), a report regarding the functions performed by him or her in terms of that Act including statistics regarding such functions, together with any comments or recommendations which such judge may deem appropriate: Provided that such report shall not disclose any information contained in an application or direction contemplated in section 3 of that Act;

	(iv)	the Minister responsible for each Service, the Academy or Comsec, a report regarding the budget for each Service, the Academy or Comsec;

	(b)	to consider and make recommendations on the report and certificate transmitted to it in terms of section 7 (7) (d);

	(c)	to consider and make recommendations on all proposed legislation relating to a Service and any other intelligence and intelligence-related activities, and to initiate legislation in connection with such Service, intelligence and activities;

	(d)	to review and make recommendations on regulations made under section 6 of the National Strategic Intelligence Act, 1994 (Act 39 of 1994), and regulations regarding the intelligence and counter-intelligence functions of a Service, made under section 29 of the Intelligence Services Act, 1994 (Act 38 of 1994), section 87 of the Defence Act, 1957 (Act 44 of 1957), or section 24 of the South African Police Service Act, 1995 (Act 68 of 1995);

	(e)	to review and make recommendations regarding interdepartmental co-operation and the rationalisation and demarcation of functions relating to intelligence and counter-intelligence between the Agency, the South African Secret Service, the National Defence Force and the South African Police Service;

	(f)	to order investigation by and to receive a report from the Head of a Service or the Inspector-General regarding any complaint received by the Committee from any member of the public regarding anything which such member believes that a Service has caused to his or her person or property: Provided that the Committee is satisfied that such complaint is not trivial or vexatious or made in bad faith;

	(g)	to refer any matter in relation to a Service or intelligence activity which comes to its attention and which it regards as relevant to the promotion of, respect for, and protection of the rights entrenched in Chapter 2 of the Constitution to the South African Human Rights Commission referred to in section 184 of the Constitution, and to receive a report from such Commission concerning the matter;

	(h)	to consider and make recommendations regarding any matter falling within the purview of this Act and referred to it by the President, any Minister responsible for a Service or Parliament;

	(i)	to request the officials or bodies referred to in paragraphs (a), (b) and (f) to explain any aspect of a report;

	(j)	to deliberate upon, hold hearings, subpoena witnesses and make recommendations on any aspect relating to intelligence and the national security, including administration and financial expenditure;

	(k)	to consult with any member of the Cabinet appointed in terms of the Constitution, regarding the performance of the functions of the Committee in terms of this Act;

	(l)	to consider and report on the appropriation of revenue or moneys for the functions of the Services, Academy and Comsec.

6	Report to Parliament

(1) The Committee shall, within five months after its first appointment, and thereafter within two months after 31 March in each year, table in Parliament a report on the activities of the Committee during the preceding year, together with the findings made by it and the recommendations it deems appropriate, and provide a copy thereof to the President and the Minister responsible for each Service.

(2) The Committee may at the request of Parliament, the President or the Minister responsible for each Service or at any other time which the Committee deems necessary, furnish Parliament, the President or such Minister with a special report concerning any matter relating to the performance of its functions, and shall table a copy of such report in Parliament or furnish the President and the Minister concerned with copies, as the case may be.

(3) Nothing shall be included in any report of the Committee, the inclusion of which will be more harmful to the national security than its exclusion will be to the national interest.

7	Inspector-General

(1) The President shall appoint an Inspector-General of Intelligence- 

	(a)	nominated by the Committee; and 

	(b)	approved by the National Assembly by a resolution supported by at least two thirds of its members: 

Provided that if the nomination is not approved as required in paragraph (b), the Committee shall nominate another person.

(2) The Inspector-General shall be a South African citizen who is a fit and proper person to hold such office and who has knowledge of intelligence.

Intergovernmental Fiscal Relations Act 97 of 1997

1	Definitions

'Commission' means the Financial and Fiscal Commission established by section 220 of the Constitution;

9	Commission's recommendations

(1) At least ten months (or a later date agreed to between the Minister and the Commission) before the start of each financial year, the Commission must submit to both Houses of Parliament and the provincial legislatures, for tabling in the Houses and the legislatures, and also to the Minister, recommendations for that financial year regarding- 

	(a)	an equitable division of revenue raised nationally, among the national, provincial and local spheres of government; 

	(b)	the determination of each province's equitable share in the provincial share of that revenue; and

	(c)	any other allocations to provinces, local government or municipalities from the national government's share of that revenue, and any conditions on which those allocations should be made.

Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001

2	Minister may alter area of jurisdiction of any High Court

(1) Notwithstanding the provisions of any other law, the Minister may, after consultation with the Judicial Service Commission, by notice in the Gazette-

	(a)	alter the area of jurisdiction for which a High Court has been established by including therein or excising therefrom any district or part thereof;

	(b)	amend or withdraw any notice issued in terms of this section.

(2) Any notice referred to in subsection (1) must be approved by Parliament before publication thereof in the Gazette.

Internal Security Act 74 of 1982

46	Powers to prohibit gatherings in certain cases or to impose conditions for the holding thereof

(3) The Minister may, if he deems it necessary or expedient in the interest of the security of the State or for the maintenance of the public peace or in order to prevent the causing, encouraging or fomenting of feelings of hostility between different population groups or parts of population groups of the Republic, prohibit in a manner determined in subsection (2) (a)-

	(a)	any gathering in any area; or

	(b)	any particular gathering or any gathering of a particular nature, class or kind at a particular place or in a particular area or wheresoever in the Republic,

during any period or on any day or during specified times or periods within any period, except in those cases determined in the prohibition in question by the Minister or which the Minister or a magistrate acting in pursuance of the Minister's general or special instructions may at any time expressly authorize.

(4) Any notice issued by the Minister under subsection (3) may at any time be withdrawn or amended by him by like notice.

72	Reports to Parliament

Whenever-

	(a)	any action has been taken under section 4 (1) [editorial note: repealed];

	(b)	any gathering has been prohibited under the provisions of section 46 (1) (i) [editorial note: repealed] or (3) [editorial note: remains in force] or a direction in connection with the holding of any gathering has been issued under the provisions of section 46 (1) (ii) [editorial note: repealed]; or

	(c)	a police officer has under the provisions of section 48 (1) [editorial note: repealed] ordered the persons attending a gathering to disperse,

the Minister shall report the circumstances to Parliament within fourteen days after the date of the action, prohibition or direction in question if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing ordinary session.

International Air Services Act 60 of 1993

3	Establishment of International Air Services Council

(1) There is hereby established a council to be called the International Air Services Council, which shall be a juristic person.

11	Annual report

(1) The council shall as soon as practicable after 31 March of each year but not later than 30 June of that year submit to the Minister a report (hereinafter referred to as the annual report) giving particulars regarding the activities of the council during the year which ended on the first-mentioned date.

(2) The Minister shall lay a copy of the annual report upon the Table in Parliament within 30 days after it has been received by him if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement of its next ensuing ordinary session.

43	Regulations

(1) The Minister may, after consultation with the council, make regulations regarding- 

	(a)	the payment of fees in respect of any application made in terms of this Act;

	(b)	the payment of fees in respect of the reasons for the approval or refusal of an application for a licence;

	(c)	the payment of fees in respect of the issuance of a licence or permit, or the amendment thereof, including the period within which such fees shall be paid;

	(e)	the payment of annual fees in respect of a licence or a permit;

	(f)	the payment of fees in respect of the providing of information from any register which is kept in terms of this Act;

	(fA) 	 the circumstances under which, and the persons to whom, exemption may be granted from the requirement to pay the appropriate fee in respect of an application for a permit; 

	(fB)	the manner and form in which an application for a tour operator's permit shall be addressed to the chairperson of the council; 

	(fC)	the criteria according to which an application for a tour operator's permit shall be considered, and the adjudication of such application; 

	(fD)	the issuing of a tour operator's permit and the period of validity of such permit; 

	(g)	any matter which in terms of this Act is required or permitted to be prescribed; and

	(h)	any other matter the regulation of which, in the opinion of the Minister, may be necessary or desirable in order to achieve or promote the objects of this Act.

(6) Regulations referred to in subsection (1) shall, within 14 days after they were published under subsection (5), be laid upon the Table in Parliament if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

International Convention for Safe Containers Act 11 if 1985

1	Definitions

	'Convention' means the International Convention for Safe Containers adopted by the Inter-Governmental Maritime Consultative Organisation ('IMCO') in Geneva on 2 December 1972, and set out in the Schedule;

2	Application of Convention

(2) The State President may do all things necessary to ratify or cause to be ratified on behalf of the Republic any amendments of or additions to the Convention which may be made from time to time, and may by proclamation in the Gazette amend the Schedule to give effect to any amendment or addition so ratified.

(3) The Minister shall lay a copy of every proclamation issued under subsection (2) upon the Table in the respective Houses of Parliament within fourteen days after the date of the publication of the proclamation in the Gazette, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

3	Regulations

(1) The Minister may make regulations-

	(a)	to give effect to any provision of the Convention as applicable in the Republic;

	(b)	prescribing fees, and providing for the recovery of any expenditure incurred, in connection with the application of the Convention in the Republic.

(2) Any regulation made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith, but no such penalty shall exceed a fine of R1 000 or imprisonment for a period of twelve months.

(3) Any regulation made under subsection (1) shall be laid upon the Table in the respective Houses of Parliament within fourteen days after the promulgation thereof if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by the respective Houses of Parliament during the session in which such regulation has been laid upon the Table, be disapproved of, and if the said regulation or provision is so disapproved of by all three Houses of Parliament, the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.

International Cooperation in Criminal Matters Act 75 of 1996

27	President may enter into agreements

	(1) The President may on such conditions as he or she may deem fit enter into any agreement with any foreign State for the provision of mutual assistance in criminal matters and may agree to any amendment of such agreement.

	(2) The Minister shall as soon as practical after Parliament has agreed to the ratification of, accession to or amendment or revocation of an agreement referred to in subsection (1), give notice thereof in the Gazette.

International Health Regulations Act 28 of 1974

2	Application of International Health Regulations in Republic

The International Health Regulations shall, subject to the provisions of this Act, apply in the Republic.

3	Promulgation of notices and regulations by Minister of National Health and Population Development

(1) The Minister of National Health and Population Development may by notice in the Gazette-

	(a)	designate any part in the Republic which shall, for the purposes of Article 17 of the International Health Regulations, be deemed to be an approved port;

	(b)	designate any airport in the Republic which shall, for the purposes of the International Health Regulations, be deemed to be a sanitary airport;

	(c)	apply in the Republic, without any modification or with such modifications as he may deem fit, any regulation adopted by the World Health Assembly, after the commencement of this Act, to amend or supplement the International Health Regulations.

(2) The Minister of National Health and Population Development may make regulations-

	(a)	to give effect to any provision of the International Health Regulations as applicable in the Republic;

	(b)	prescribing fees, and providing for the recovery of any expenditure incurred, in connection with the application in the Republic of the International Health Regulations.

(4) Any notice made under subsection (1) and any regulation made under subsection (2) shall be laid upon the Tables of both Houses of Parliament within fourteen days after promulgation thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

(5) Any notice or regulation referred to in subsection (4) or any provision thereof may by resolution passed by both Houses of Parliament during the session in which such notice or regulation has been laid upon the Tables, be disapproved of and thereupon the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing such notice, regulation or provision.

International Trade Administration Act 71 of 2002

7	Establishment and independence of Commission 

(1) The International Trade Administration Commission is hereby established, and- …

13	Chief Commissioner 

(1) The Chief Commissioner is the Chief Executive Officer of the Commission, is responsible for the general administration of the Commission, and must- …

22	Public information and reporting

(3) The Chief Commissioner must within six months after the end of the financial year of the Commission, prepare and submit to the Minister an annual report in the prescribed form, containing- 

	(a)	the audited financial statements prepared in terms of section 24 (8); 

	(b)	the auditor-general's report, prepared in terms of section 24 (9); 

	(c)	a report on the performance of the Commission and of activities undertaken in terms of this Act; and 

	(d)	any other information that the Minister may require. 

(4) The Minister must table the annual report in Parliament within 14 days of receipt thereof if Parliament is sitting or, if Parliament is not then sitting, within 14 days of the commencement of the next sitting.

(5) The Minister may table in Parliament any other report submitted regarding- 

	(a)	a statement of the progress achieved during the preceding year towards realisation of the objects of this Act; and 

	(b)	any other information determined by the Minister.

Interpretation Act 33 of 1957

12	Effect of repeal of a law

(1) Where a law repeals and re-enacts with or without modifications, any provision of a former law, references in any other law to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provision so re-enacted.

(2) Where a law repeals any other law, then unless the contrary intention appears, the repeal shall not-

	(a)	revive anything not in force or existing at the time at which the repeal takes effect; or

	(b)	affect the previous operation of any law so repealed or anything duly done or suffered under the law so repealed; or

	(c)	affect any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or

	(d)	affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or

	(e)	affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as is in this subsection mentioned,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.

17	List of certain proclamations and notices to be submitted to Parliament and 	provincial legislatures

When the President, a Minister or the Premier or a member of the Executive Council of a province is by any law authorized to make rules or regulations for any purpose in such law stated, notwithstanding the provisions of any law to the contrary, a list of the proclamations, government notices and provincial notices under which such rules or regulations were published in the Gazette during the period covered in the list, stating in each case the number, date and title of the proclamation, government notice or provincial notice and the number and date of the Gazette in which it was published, shall be submitted to Parliament or the provincial legislature concerned, as the case may be, within fourteen days after the publication of the rules or regulations in the Gazette.

Inventions Development Act 31 of 1962

2	Establishment and registration of the Southern African Inventions Development Corporation

(1) There is hereby established a body corporate to be known as the South African Inventions Development Corporation which shall be capable of suing and being sued in its corporate name and of performing, subject to the provisions of this Act, such acts as are necessary for or incidental to the carrying out of its objects and the exercise of its powers.

13	Audit of accounts and annual report

(1) The accounts of the corporation shall be audited annually by a person registered as an accountant and auditor under the provisions of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951).

(2) As soon as may be after the completion of every audit, the corporation shall submit the report on its activities during the year covered by the auditor's report, to the Minister and the research council, and the Minister shall lay each report and any statements of account submitted therewith on the Table in Parliament within seven days after receipt thereof by him, if Parliament is in ordinary session, or if Parliament is not in ordinary session, within seven days after the commencement of its next ensuing ordinary session.

13	Audit of accounts and annual report

(1) The accounts of the corporation shall be audited annually by a person registered as an accountant and auditor under the provisions of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951).

(2) As soon as may be after the completion of every audit, the corporation shall submit the report on its activities during the year covered by the auditor's report, to the Minister and the research council, and the Minister shall lay each report and any statements of account submitted therewith on the Table in Parliament within seven days after receipt thereof by him, if Parliament is in ordinary session, or if Parliament is not in ordinary session, within seven days after the commencement of its next ensuing ordinary session.

14	Liquidation of corporation

The corporation shall not be wound up except by or under the authority of an Act of Parliament.

Joint Administration of Own Affairs Act 147 of 1992

2	Joint departments for own affairs

Notwithstanding any other law, a matter which immediately prior to the commencement of this Act was administered in separate departments as own affairs within the powers of the various Ministers' Councils may, after such commencement and with the concurrence of the Ministers' Councils concerned, be administered in one and the same department.

3	Regulation of matters

(1) The State President may, after consultation with the Ministers' Councils, by proclamation in the Gazette take such measures as he may consider necessary in order to regulate or facilitate the joint administration of own affairs as contemplated in section 2, and may for this purpose amend any law, including any Act of Parliament.

(2) A proclamation made under this section shall be tabled in Parliament within 14 days after promulgation thereof, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next session.

(3)	(a) If Parliament by resolution disapproves of such a proclamation or of any provision of such a proclamation, that proclamation or that provision, as the case may be, shall lapse to the extent to which it is so disapproved.

	(b) The lapsing of such a proclamation or provision shall not affect-

	(i)	the validity of anything done under the proclamation or provision up to the date on which it so lapsed;

	(ii)	any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the proclamation or provision.

Judges’ Remuneration and Conditions of Employment Act 47 of 2001

2	Remuneration of Constitutional Court judges and judges

(1) Any person who holds office as a Constitutional Court judge or as a judge, whether in an acting or permanent capacity, shall in respect thereof be paid- 

	(a)	an annual salary and such allowances or benefits- 

	(i)	as determined by the President, from time to time, by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers, established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act 92 of 1997); and

	(ii)	approved by Parliament in terms of subsection (4); and 

	(b)	an allowance at the rate of R3 500 per annum, which allowance shall not be taxable, unless Parliament expressly provides otherwise.

(4)	(a) A notice issued under subsection (1) (a) must be submitted to Parliament for approval before publication thereof.

	(b) Parliament must, by resolution- 

	(i)	approve the notice, whether in whole or in part; or

	(ii)	disapprove the notice.

Judicial Service Commission Act 9 of 1994

6	Annual report

The Commission shall within six months after the end of every year submit to Parliament a report in writing regarding its activities during that year.

KwaZulu and Natal Joint Services Act 84 of 1990

22	Removal of conflict and administrative problems

	(1) If in the application of this Act it appears that any provision thereof is in conflict with any other law or that administrative problems are being experienced-

(a)	in any region which is not situate in the self-governing territory of KwaZulu, or any part of such region, the Minister of Planning and Provincial Affairs of the Republic may, after consultation with the Joint Executive Authority and subject to the provisions of subsection (2) (a) and (b), by notice in the Gazette make regulations to remove such conflict or administrative problems; and

(b)	in any region which is situate in the self-governing territory of KwaZulu, or any part of such region, the Chief Minister of KwaZulu may, after consultation with the Joint Executive Authority and subject to the provisions of subsection (2) (c), by notice in the Official Gazette make regulations to remove such conflict or administrative problems.

(3)	(a) A copy of a regulation in terms of subsection (1) shall be laid upon the Table in Parliament or in the Legislative Assembly of KwaZulu by the Minister concerned within 14 days after the publication thereof if Parliament or such Legislative Assembly is then in session or, if Parliament or such Legislative Assembly is then not in session, within 14 days after the commencement of its next ensuing session

Labour Relations Act 66 of 1995

74	Disputes in essential services

(1) Any party to a dispute that is precluded from participating in a strike or a lock-out because that party is engaged in an essential service may refer the dispute in writing to-

	(a)	a council, if the parties to the dispute fall within the registered scope of that council; or

	(b)	the Commission, if no council has jurisdiction.

(2) The party who refers the dispute must satisfy the council or the Commission that a copy of the referral has been served on all the other parties to the dispute.

(3) The council or the Commission must attempt to resolve the dispute through conciliation.

(4) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration by the council or the Commission.

(5) Any arbitration award in terms of subsection (4) made in respect of the State and that has financial implications for the State becomes binding-

	(a)	14 days after the date of the award, unless a Minister has tabled the award in Parliament within that period; or

	(b)	14 days after the date of tabling the award, unless Parliament has passed a resolution that the award is not binding.

(6) If Parliament passes a resolution that the award is not binding, the dispute must be referred back to the Commission for further conciliation between the parties to the dispute and if that fails, any party to the dispute may request the Commission to arbitrate.

(7) If Parliament is not in session on the expiry of-

	(a)	the period referred to in subsection (5) (a), that period or the balance of that period will run from the beginning of the next session of Parliament; 

	(b)	the period referred to in subsection (5) (b), that period will run from the expiry of the period referred to in paragraph (a) of this subsection or from the beginning of the next session of Parliament.

112	Establishment of Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration is hereby established as a juristic person.

9	Annual report

(1) As soon as practicable after the end of each financial year, the Commission must provide the Minister with a report concerning the activities and the financial position of the Commission during the previous financial year.

(2) The Minister must table the Commission's annual report in Parliament within 14 days of receiving it from the Commission, but if Parliament is not in session at that time, the Minister must table the report within 14 days of the beginning of the next session of Parliament.

Lake Areas Development Act 39 of 1975

3	Establishment of Lake Areas Development Board

There is hereby established a juristic person to be known as the Lake Areas Development Board.

20	Reports

(1) The board shall keep an accurate record of its activities and shall as soon as possible after the end of each financial year submit to the Minister in a manner determined by him, a report relating to its activities during that financial year.

(2) The Minister shall lay each report submitted to him in terms of subsection (1) on the Table in the Senate and in the House of Assembly within 14 days after receipt thereof, if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its first ensuing ordinary session.

Land and Agricultural Development Bank Act 15 of 2002

44	Winding up of Bank

The Bank may not be wound up except by or in terms of an Act of Parliament.

Legal Aid Act 22 of 1969

2	Establishment of Legal Aid Board

There is hereby established a board to be known as the Legal Aid Board, which shall be a body corporate, capable of suing and being sued in its corporate name and of performing, subject to the provisions of this Act, all such acts as are necessary for or incidental to the carrying out of its objects, the exercise of its powers and the performance of its functions.

3A	Legal Aid Guide

(2) The board shall, in addition to the submission of its annual report as contemplated in section 9 (11), submit the Legal Aid Guide at least once every year to the Minister and the Minister shall forthwith cause the Legal Aid Guide to be tabled in the National Assembly and the Senate for ratification, and pending such ratification the Legal Aid Guide then in operation shall continue to apply.

9	Finances of board

(10) The board shall furnish the Minister with such information as he may call for from time to time in respect of the activities and financial position of the board, and shall in addition submit to the Minister an annual report, including a balance sheet and statement of income and expenditure certified by the Auditor-General.

(11) The Minister shall lay the said report upon the Table in Parliament within fourteen days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within fourteen days after the commencement of the next ensuing ordinary session.

Legal Deposits Act 54 of 1997

6	Places of legal deposit

(1) The places of legal deposit shall be-

	(a)	the City Library Services, Bloemfontein;

	(b)	the Library of Parliament, Cape Town;

	(c)	the Natal Society Library, Pietermaritzburg;

	(d)	the South African Library, Cape Town;

	(e)	the State Library, Pretoria;

	(f)	the National Film, Video and Sound Archives, Pretoria, for purposes of certain categories of documents as prescribed; and

	(g)	any other library or institution prescribed by the Minister for purposes of certain prescribed categories of documents.

(2)	(a) The Minister shall, on the recommendation of the Member of the Executive Council responsible for libraries in each province, designate at least one place of legal deposit in each province to serve as an official publications depository, which shall be entitled to receive a copy of every official publication but not of other categories of documents.

	(b) Except in the case of subsection (1) (b), an official publications depository may be designated in an existing place of legal deposit if the Minister deems this advisable: Provided that such a place of legal deposit shall retain its right under section 2 (1) also to receive documents other than official publications.

(3) The Minister or the relevant Member of the Executive Council for each province shall, from funds voted for that purpose by Parliament or the relevant Provincial Legislature, as the case may be, disburse such sums as are necessary to places of legal deposit to enable them to fulfil their obligations.

7	Duties of places of legal deposit

(1) A place of legal deposit shall, subject to such limitations as may be prescribed-

	(a)	receive, accession, retain and preserve; 

	(b)	catalogue or inventorise; and

	(c)	ensure freedom of access to, 

the documents supplied in terms of section 2 (1). 

(2) The State Library shall, with the assistance of other places of legal deposit and other appropriate libraries or institutions, compile-

	(a)	a national bibliography; and

	(b)	statistics of the South African production of published documents on the basis of the documents supplied in terms of section 2 (1) and the information furnished in terms of section 2 (2). 

(3) The South African Library and the National Film, Video and Sound Archives shall, with the assistance of other places of legal deposit, preserve at least one copy of each document supplied in terms of section 2 (1) for current and future use. 

(4) An official publications depository shall-

	(a)	serve as a centre for promoting public awareness of, and access to, official publications and information held by the government and the institutions listed in terms of section 3 of the Reporting by Public Entities Act, 1992 (Act 93 of 1992); and

	(b)	provide public access to databases and other information sources to which the public may gain access under any law. 

(5) Notwithstanding subsections (1) and (2), the head of a place of legal deposit may, on the recommendation of the Committee-

	(a)	dispose of; 

	(b)	omit from catalogues or inventories; 

	(c)	omit from a national bibliography; or

	(d)	impose restrictions on access to, 

certain categories of documents, supplied in terms of section 2 (1) to one or more places of legal deposit. 

(6) If a place of legal deposit persistently fails to comply with subsection (1), (2), (3) or (4), the Minister may, upon the recommendation of the Committee, by notice in the Gazette exempt all publishers from the obligation to supply to that place of legal deposit the documents contemplated in section 2 (1).

8	Legal Deposit Committee

(5) The Committee shall-

	(a)	advise the Minister on any matter dealt with in this Act; 

	(b)	make recommendations to the Minister concerning any regulations which the Minister may make under this Act;

	(c)	co-ordinate the tasks carried out by the various places of legal deposit in respect of legal deposit;

	(d)	advise any place of legal deposit regarding any matter dealt with in this Act;

	(e)	establish subcommittees or working groups when necessary to investigate any matter dealt with in this Act and to execute any tasks relating to the implementation of this Act and to co-opt persons to such subcommittees or working groups for the duration of the investigation or task; and

	(f)	report to Parliament on the activities and financial affairs of the places of legal deposit in accordance with the provisions of the Reporting by Public Entities Act, 1992 (Act 93 of 1992).

Legal Succession of the South African Transport Services Act 9 of 1989

2	Formation of Company

(1) The Minister shall take the necessary action, due regard being had to the provisions of this section, for the formation and incorporation of a public company with share capital and the issuing of a certificate to commence business in terms of the Companies Act, 1973.

(2) The State shall, upon incorporation of the Company, be the only member and shareholder of the Company.

(3) The Minister shall on behalf of the State sign the memorandum of association, articles of association and all other documents necessary in connection with the formation and incorporation of the Company and he shall exercise the rights of the State as member and shareholder of the Company.

(4) Notwithstanding the provisions of section 32 of the Companies Act, 1973, the Registrar of Companies shall register the memorandum of association and articles of association of the Company and shall incorporate the Company as a public company with the State as the only member and shareholder thereof.

(5) In order to give effect to the provisions of this section, the Registrar of Companies shall issue such directives and authorise such deviations from the regulations promulgated in terms of the Companies Act, 1973, and the documents prescribed in terms thereof as he may consider necessary under the circumstances.

(6) The provisions of sections 66, 190 and 344 (d) of the Companies Act, 1973, shall not apply to the Company while the State is the only beneficial member and shareholder thereof.

20	Tabling in Parliament

The Company's annual financial statements shall, for as long as the State is a member of the Company, be tabled in Parliament by the Minister within fourteen days of receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

24	Board of Control

(1) The affairs of the Corporation shall be managed by a Board of Control of not more than 11 members including the chairman, who shall be appointed and dismissed by the Minister.

22	Establishment and Name

(1) On the date referred to in section 3 (1), a legal person, which shall be called the South African Rail Commuter Corporation Limited, shall be established.

28	Accounting and Financial Statements

(1) The Corporation shall keep such books of account as are necessary in accordance with generally accepted accounting practice to reflect in a reasonable manner the state of the affairs and business of the Corporation and to disclose the transactions and financial condition of the Corporation.

(2) The Corporation shall draw up financial statements in respect of each financial year in a form to be stipulated by the Board of Control.

(3) The books and annual financial statements of the Corporation shall be audited annually by the Auditor-General.

(4) The Corporation's annual financial statements relating to its activities during that financial year and the report of the Auditor-General shall be tabled in Parliament by the Minister within fourteen days of receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.

29	Liquidation

For as long as the State is a shareholder of the Corporation, the Corporation shall be liquidated or placed under judicial management only on the authority of an Act of Parliament.

Liquor Act 27 of 1989

18	Annual reports

The Member of the Executive Council shall as soon as possible after 1 January in each year lodge a report on the Liquor Board's activities during the preceding year through the agency of the Premier with the Minister, who shall cause a report on all the Liquor Boards to be tabled in Parliament.

Local Government: Municipal Demarcation Act 27 of 1998

2	Establishment

There is a Board called the Municipal Demarcation Board.

39	Accountability and reporting

(1)	(a) The Board is accountable to Parliament and must annually submit to both Houses of Parliament a written report on the activities of the Board during a financial year.

	(b) A copy of the report must also be submitted to each provincial legislature.

	(2) The report must be submitted within six months after the end of the financial year to which it relates, and must include audited financial statements if those statements are available at that time, reflecting the Board's financial affairs during the year, consisting of at least- 

		(a)	a balance sheet; 

		(b)	an income statement; and

		(c)	a report of the auditors.

Local Government: Municipal Structures Act 117 of 1998

34	Dissolution of municipal councils

(3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province if- 

	(a)	the Electoral Commission in terms of section 23 (2) (a) of the Demarcation Act is of the view that a boundary determination affects the representation of voters in that council, and the remaining part of the existing term of municipal councils is more than one year; or

	(b)	an intervention in terms of section 139 of the Constitution has not resulted in the council being able to fulfil its obligations in terms of legislation. 

(4) The MEC for local government may dissolve a municipal council in terms of subsection (3)(b) only-

	(a)	with the concurrence of the Minister; and

	(b)	after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution.

Local Government: Municipal Systems Act 32 of 2000

47	Reports by MEC

(1) The MEC for local government must annually compile and submit to the provincial legislatures and the Minister a consolidated report on the performance of municipalities in the province.

(2) The report must-

	(a)	identify municipalities that under-performed during the year;

	(b)	propose remedial action to be taken; and

	(c)	be published in the Provincial Gazette.

(3) The MEC for local government must submit a copy of the report to the National Council of Provinces.

48	Reports by Minister

(1) The Minister must annually compile and submit to Parliament and the MECs for local government a consolidated report of local government performance in terms of general key performance indicators.

106	Non-performance and maladministration

(1) If an MEC has reason to believe that a municipality in the province cannot or does not fulfil a statutory obligation binding on that municipality or that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in a municipality in the province, the MEC must-

	(a)	by written notice to the municipality, request the municipal council or municipal manager to provide the MEC with information required in the notice; or

	(b)	if the MEC considers it necessary, designate a person or persons to investigate the matter.

(2) In the absence of applicable provincial legislation, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act 8 of 1947), and the regulations made in terms of that Act apply, with the necessary changes as the context may require, to an investigation in terms of subsection (1) (b).

(3) An MEC issuing a notice in terms of subsection (l) (a) or designating a person to conduct an investigation in terms of subsection (1) (b), must submit a written statement to the National Council of Provinces motivating the action.

120	Regulations and guidelines

(1) The Minister may, by notice in the Gazette and after consultation with organised local government representing local government nationally, make regulations or issue guidelines not inconsistent with this Act concerning-

	(a)…

(7) Regulations made in terms of this section-

	(a)	must be submitted to Parliament at least 30 days before their publication in the Gazette; and

Long-term Insurance Act 52 of 1998

2	Registrar of Long-term Insurance

(1) There shall be a Registrar of Long-term Insurance with the powers and duties conferred on or assigned to the Registrar by or under this Act or any other law.

5	Annual report

(1) The Registrar shall submit to the Minister a report on the Registrar's activities under this Act during each year ending 31 December, and shall furnish any additional information relating to anything done by the Registrar under this Act that the Minister may require.

(2) A copy of the report submitted to the Minister in terms of subsection (1) shall be tabled in Parliament within 30 days after receipt of the report if Parliament is then in session or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

Lotteries Act 57 of 1997

2	Establishment of National Lotteries Board 

There is hereby established a board to be known as the National Lotteries Board, which shall be a juristic person.

3	Composition of board

(1) Subject to subsection (3), the Minister shall appoint the members of the board, which shall consist of- 

	(a)	a chairperson, who shall be a person with applicable knowledge or experience with regard to matters connected with the functions of the board;

(3) The member contemplated in paragraph (a) of subsection (1) shall be appointed only after the Minister has by notice in the Gazette and in not less than two newspapers circulating in every province invited interested parties to nominate persons suitable for appointment as chairperson and the relevant committee of the National Assembly has made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the functions of the board.

10	Functions of board

The board shall, applying the principles of openness and transparency and in addition to its other functions in terms of this Act- 

	(a)	advise the Minister on the issuing of the licence to conduct the National Lottery as contemplated in section 13 (1) and on any matter contemplated in section 14 (2) (g); 

	(b)	ensure that- 

	(i)	the National Lottery and sports pools are conducted with all due propriety and strictly in accordance with the Constitution, this Act, all other applicable law and the licence for the National Lottery together with any agreement pertaining to that licence;

	(ii)	the interests of every participant in the National Lottery are adequately protected; and

	(iii)	subject to subparagraphs (i) and (ii), the net proceeds of the National Lottery are as large as possible; 

	(c)	administer the fund and hold it in trust; 

	(d)	monitor, regulate and police lotteries incidental to exempt entertainment, private lotteries, society lotteries and any competition contemplated in section 54; 

	(e)	advise the Minister on percentages of money to be allocated in terms of section 26 (3); 

	(f)	advise the Minister on the efficacy of legislation pertaining to lotteries and ancillary matters; 

	(g)	advise the Minister on establishing and implementing a social responsibility programme in respect of lotteries; 

	(h)	administer and invest the money paid to the board in accordance with this Act and the licence for the National Lottery; 

(i)	perform such additional duties in respect of lotteries as the Minister may assign to the board; 

(j)	make such arrangements as may be specified in the licence for the protection of prize monies and sums for distribution; and

(k)	advise the Minister on any matter relating to the National Lottery and other lotteries or any other matter on which the Minister requires the advice of the board.

12	Audit and annual report

(1) The board shall-

	(a)	keep proper books and records in relation to receipts and payments; 

	(b)	prepare a report of all the activities of the board, including financial statements, in respect of each financial year and the board's regulatory functions in respect of all lotteries and all matters in respect of which the board rendered advice or made recommendations to the Minister in accordance with paragraphs (e), (f) and (g) of section 10; and

	(c)	annually within three months after the end of each financial year, submit the report and financial statements referred to in paragraph (b) to Parliament, and if Parliament is not then in session, on the first day of the next session.

(5) The report referred to in subsection (1) shall be laid upon the Table in Parliament  forthwith after it is submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, on the first day of the commencement of the next ensuing session of Parliament.

18	Notice of proposed revocation

(1) If the Minister or the board is satisfied that grounds exist for the revocation of the licence granted in terms of section 13, he, she or the board, as the case may be, shall in writing notify the licensee of the existence of such grounds and call upon the licensee to furnish reasons, within 14 days of service of that notice at the registered physical address of the licensee, as to why the licence should not be revoked, failing which the licence will cease to be valid upon the expiration of the said period of 14 days. 

(2) If the licence for the National Lottery ceases to be valid in terms of subsection (1), the Minister or the board, as the case may be, shall forthwith inform the licensee and Parliament in writing of that fact and of the date upon which the licence ceased to be valid, and if Parliament is not then in session, it shall be so informed on the first day of the next session.

19	Suspension of licence

(1) The Minister or the board may order a suspension of the licence in the notice contemplated in section 18 (1) as from the date of service of that notice for a period of not longer than 30 days after the licensee has furnished those reasons: Provided that the Minister or the board, whoever acts in terms of this section, shall inform the other of his or her or its actions.

(2) If the Minister or the board decides to suspend the licence in terms of subsection (1), the Minister shall forthwith inform Parliament of that fact and of the grounds for the suspension, and if Parliament is not then in session, on the first day of the next session of Parliament.

(3) The licence shall immediately cease to be valid if it is suspended for a second time. 

(4) The Minister shall forthwith inform Parliament if the licence has ceased to be valid in terms of subsection (3), and if Parliament is not then in session, on the first day of the next session of Parliament.

20	Revocation of licence

(1) If reasons are furnished by the licensee as contemplated in section 18(1), the Minister or the board, as the case may be, shall after considering such reasons- 

	(a)	decide whether or not to revoke the licence; or

	(b)	call upon the licensee to appear before the board on a specified date to make oral representations in support of any written representations made by the licensee or to answer any questions which the Minister or the board, as the case may be, may have with regard to such written representations, whereafter the Minister or the board shall consider the matter and decide whether or not to revoke the licence.

(3) If the Minister or the board decides to revoke the licence in terms of subsection (1), the Minister or the board, as the case may be, shall inform the Minister of Finance and Parliament of that fact and of the grounds for that revocation forthwith, and if Parliament is not then in session, on the first day of the next session of Parliament.

21	Establishment of National Lottery Distribution Trust Fund

(1) There is hereby established a fund to be known as the National Lottery Distribution Trust Fund, to be managed by the board. 

(2) The board shall annually table a report in Parliament in respect of the fund, which may form part of the report contemplated in section 12 (1) (b).

Magistrates Act 90 of 1993

2	Establishment of Magistrates Commission

There is hereby established a commission, to be known as the Magistrates Commission, with the powers and duties conferred on or assigned to the Commission by or under this Act or any other law.

3	Constitution of Commission and period of office of members

(1)	(a) The Commission shall consist of-…

	(x)	four persons designated by the National Assembly from among its members, at least two of whom must be members of opposition parties represented in the Assembly;

	(xi)	four permanent delegates to the National Council of Provinces and their alternates designated together by the Council with a supporting vote of at least six provinces; and

4	Objects of Commission

The objects of the Commission shall be- 

	(a)	to ensure that the appointment, promotion, transfer or discharge of, or disciplinary steps against, judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such action are applied uniformly and correctly;

	(b)	to ensure that no influencing or victimization of judicial officers in the lower courts takes place;

	(c)	to endeavour to promote the continuous training of judicial officers in the respective lower courts and to make recommendations in regard thereto to the Minister;

	(d)	to compile a code of conduct for judicial officers in the lower courts;

	(e)	to advise the Minister and to make recommendations to him or her regarding the administrative matters applicable to magistrates, including proposals regarding legislation purporting to regulate the conditions of service and relevant matters regarding magistrates, separately;

	(f)	to carry out investigations and make recommendations to the Minister regarding the matters mentioned in section 13 (3) (a);

	(g)	to advise the Minister or to make recommendations to him or her regarding the requirements for appointment and the appointment of judicial officers in the respective lower courts; and

	(h)	to advise the Minister or to make recommendations to him or her or to report to the Minister for the information of Parliament regarding any matter which, in the opinion of the Commission, is of interest for- 

		(i)	the independence of the dispensing of justice; and

		(ii)	the efficiency of the administration of justice,

		in the lower courts.

7	Functions of Commission

(1) The Commission may, in order to achieve the objects mentioned in section 4-

	(f)	subject to the provisions of subsection (2), report to the Minister for the information of Parliament on any matter the Commission deems fit.

(2) A report regarding a matter contemplated in subsection (1) (f), shall be tabled in Parliament by the Minister within 14 days after it was presented to him or her, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

12	Remuneration of magistrates

(1)	(a) Magistrates are entitled to such salaries, allowances or benefits- 

	(i)	as determined by the President from time to time by notice in the Gazette, after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers established under section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act 92 of 1997); and 

	(ii)	approved by Parliament in terms of subsection (3).

(3)	(a) A notice issued under subsection (1) (a) must be submitted to Parliament for approval before publication thereof.

	(b) Parliament must by resolution- 

	(i)	approve the notice, whether in whole or in part; or 

		(ii)	disapprove the notice.

(6) The remuneration of magistrates shall not be reduced except by an Act of Parliament.

13	Vacation of office and discharge of magistrates

(3)	(a) The Minister, on the advice of the Commission, may provisionally suspend a magistrate from office if-

	(i)	the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such a serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated; and 

	(ii)	an investigation has been instituted by the Commission into such magistrate's fitness to hold office.

	(b) A report in which the provisional suspension in terms of paragraph (a) of a magistrate and the reasons therefor are made known, must be tabled in Parliament by the Minister within seven days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session.

	(c) Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed.

	(d) If Parliament passes a resolution as contemplated in paragraph (c) that the provisional suspension is not confirmed, the suspension lapses. 

	(e) The provisional suspension of a magistrate in terms of paragraph (a) lapses after 60 days from the date of the suspension, unless the Commission, within that period, commences its inquiry into the allegation in question by causing a written notice containing the allegation concerned to be served on the magistrate.

	(f) An inquiry referred to in paragraph (e) must be concluded as soon as possible, and the Commission must cause a report on the progress in respect of that inquiry to be submitted to Parliament every three months.

	(g) Parliament may, at any stage pending- 

	(i)	the conclusion of an inquiry referred to in paragraph (e); or 
	(ii)	a resolution referred to in subsection (4) (c), 

pass a resolution setting aside the suspension of the magistrate concerned, whereupon the suspension shall lapse forthwith. 

(4)	(a) If the Commission recommends that a magistrate be removed from office- 

	(i)	on the ground of misconduct; 

	(ii)	on account of continued ill-health; or 

	(iii)	on account of incapacity to carry out the duties of his or her office efficiently, 

the Minister must suspend that magistrate from office or, if the magistrate is at that stage provisionally suspended in terms of subsection (1) (a), confirm the suspension.

	(b) A report in which the suspension in terms of paragraph (a) of a magistrate and the reason therefor are made known, must be tabled in Parliament by the Minister within 14 days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

	(c) Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of a magistrate so suspended is recommended.

	(d) After a resolution has been passed by Parliament as contemplated in paragraph (c), the Minister shall restore the magistrate concerned to his or her office or remove him or her from office, as the case may be.

(4A)	(a) The remuneration of a magistrate is not affected during a period of suspension in terms of subsection (3) (a) or (4) (a), unless the Commission determines otherwise.

	(b) If the Commission determines that the remuneration of a magistrate shall be reduced or withheld in terms of paragraph (a), a report regarding that determination and the reason therefor must be tabled in Parliament by the Minister within seven days of such determination, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session.

	(c) Parliament must, as soon as is reasonably possible, consider that report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment, or set aside.

	(d) If Parliament passes a resolution as contemplated in paragraph (c) that the determination is set aside, that determination shall lapse with effect from the date when the determination was first made.

16	Regulations

(2) 	(a) A regulation made under this section shall be in force unless and until Parliament during the session in which the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), which relates to that regulation, has been laid upon the Table in Parliament, by resolution disapproves the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.

Magistrates’ Courts Act 32 of 1944

9	Appointment of judicial officers

(4)	(a) A magistrate at the head of a regional division or a person occupying the office of chief magistrate, including an acting chief magistrate authorized thereto in writing by the Minister, may- 

	(i)	whenever a magistrate, additional magistrate or assistant magistrate is for any reason unavailable to carry out the functions of his or her office; and 

	(ii)	in consultation with the Minister or an officer in the Department of Justice and Constitutional Development designated by the Minister, 

temporarily appoint any competent person in the place of the magistrate concerned.

	(b) An appointment in terms of paragraph (a) remains valid for the duration of the unavailability of the magistrate in question, or for a period not exceeding five consecutive court days, whichever period is the shortest.

	(c) Any person appointed in terms of paragraph (a) may- 

	(i)	upon the expiry of the appointment in terms of paragraph (b); and 

	(ii)	if the magistrate in whose place the appointment has been made, is still unavailable, 

be reappointed once only in terms of paragraph (a) in the place of that magistrate.

(5)	(a) Any person appointed in terms of subsection (3)- 

	(i)	holds that office for a period determined by the Minister at the time of the appointment, but the period so determined may not exceed three months; and 

	(ii)	may be reappointed to that office in terms of subsection (3).

	(b) The Minister must cause Parliament and the Magistrates Commission to be informed whenever any vacancy in the office of a magistrate has remained unfilled for a continuous period exceeding three months.

Maintenance Act 99 of 1998

4	Maintenance officers

(1)	(a) Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court.

(b) The National Director of Public Prosecutions shall, in consultation with the Minister, issue policy directions with a view to-

(i)	establishing uniform norms and standards to be observed by public prosecutors in the performance of their functions as maintenance officers under this Act;

(ii)	building a more dedicated and experienced pool of trained and specialised maintenance officers.

	(c) The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof.

44	Regulations

	(2) The Minister shall cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after the publication thereof.

Management of State Forests Act 128 of 1992

2	Incorporation of public company

(4) The Minister shall take up shares in the Company so incorporated on behalf of the State, and then exercise the State's rights as member and shareholder of the Company.

(5) The shares contemplated in subsection (4) shall only be sold or otherwise disposed of with the approval, by resolution, of Parliament.

Marine Living Resources Act 18 of 1998

29	Establishment of Fisheries Transformation Council

The Minister shall establish a body by notice in the Gazette, which shall be called the Fisheries Transformation Council.

36	Reporting

(1) The Council shall annually not later than the first day of March, submit to the Minister a report on all its activities during the previous year. 

(2) The report referred to in subsection (1) shall be laid upon the Table in Parliament within 14 days after it was submitted to the Minister, if Parliament is then in session, or if Parliament is not then in session, within 14 days of the commencement of the next ensuing session.

Marketing of Agricultural Products Act 47 of 1996

1	Definitions

(1) In this Act, unless the context indicates otherwise-

'parliamentary committees' means the Select and Portfolio Committees of Parliament responsible for agricultural affairs;

(2)	(a) The Minister may by notice in the Gazette, after consultation with the Council, declare any product to be an agricultural product for the purposes of this Act, and may amend or repeal any such notice. 

	(b) Every notice issued under paragraph (a) shall be laid upon the table in Parliament and Parliament may thereupon confirm, amend or reject any such notice or any specific declaration in any such notice. 

	(c) Every declaration made under paragraph (a) shall be valid until repealed under paragraph (a) or rejected under paragraph (b).

3	Establishment of National Agricultural Marketing Council

There is hereby established a juristic person to be known as the National Agricultural Marketing Council.

4	Constitution of Council

(1) The Council shall consist of ten members.

(4) Whenever it is necessary to appoint a member of the Council-

	(a)	the Minister shall, by notice in the Gazette as well as other appropriate media, and by invitation to the parliamentary committees, call for the nomination of persons who comply with the criteria referred to in subsection (2);

	(g)	within 30 days after making any appointment in terms of paragraph (f), the Minister shall inform the parliamentary committees in writing of the appointment made.

9	Functions of Council

(1) Subject to the provisions of section 2, the Council-

	(a)	shall, when requested by the Minister, or of its own accord, investigate, in terms of section 11 (2), the establishment, continuation, amendment or revocation of statutory measures and other regulatory measures affecting the marketing of agricultural products, evaluating the desirability, necessity or efficiency and if necessary, proposing alternatives to the establishment, continuation, amendment or repeal of a statutory measure or other regulatory measure and report to and advise the Minister accordingly;

	(b)	shall prepare and submit to the Minister for consideration statutory measures and changes to statutory measures which the Minister directs it to prepare; 

	(c)	shall, whenever requested by the Minister and at least once annually, report on the activities of the Council; 

	(d)	may direct any institution or body of persons designated for the purpose of the implementation or administration of a statutory measure in terms of section 14, to furnish the Council with such information pertaining to a statutory measure as the Council or the Minister may require;

	(e)	may undertake investigations and advise the Minister regarding- 

	(i)	agricultural marketing policy and the application thereof; 

	(ii)	the co-ordination of agricultural marketing policy in relation to national economic, social and development policies and international trends and developments; 

	(iii)	the possibilities for promoting the objectives mentioned in section 2 (2); and 

	(iv)	the effect that the marketing of products has on the objectives mentioned in section 2 (2).

	(f)	shall monitor the application of statutory measures and report thereon to the Minister and shall evaluate and review such measures at least every two years; 

(2) Copies of all reports which are submitted to the Minister in terms of subsection (1) shall simultaneously be despatched to the parliamentary committees for their information.

11	Consideration of request

(1) Upon receipt of a request in terms of section 10 which is not inconsistent with the provisions of section 2, the Minister shall refer the request to the Council for investigation and a report thereon.

(6) If the request is for the introduction, amendment or repeal of a levy, the Council shall send a copy of its recommendations to the parliamentary committees for their information.

27	Repeal of Acts, and savings

(2) Notwithstanding the repeal of the Marketing Act, 1968 (Act 59 of 1968), in terms of subsection (1)-

	(b)	the Minister may, after consultation with the parliamentary committees, subject to paragraph (a) and subsection (3), fill vacancies which may exist in the control boards established under that Act for such term of office as he or she may deem necessary; and 

	(c)	the Minister may, after consultation with a control board and the parliamentary committees, subject to paragraph (a) and subsection (3), by notice in the Gazette amend or repeal any scheme, levy, prohibition, requirement, direction, determination, regulation or notice referred to in paragraph (a); 

Media Development and Diversity Agency Act 14 of 2002
2	Establishment of Agency

(1) A juristic person known as the Media Development and Diversity Agency is hereby established.

(2) The Agency acts only through the Board.

4	Constitution of and appointment of members of Board

(1)	(a) The Board consists of nine members.

	(b) Six members of the Board must be appointed by the President on the recommendation of the National Assembly, according to the following principles:

	(i)	Participation by the public in the nomination process;

	(ii)	transparency and openness; and

	(iii)	the publication of a shortlist of candidates for appointment with due regard to subsection (4) and section 5.

(c) Three members must be appointed by the President, taking into consideration section 15, of whom one must be from the commercial print media and another from the commercial broadcast media.

(4) Persons appointed to the Board must be persons who are-

	(a)	committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of the public service;

	(b)	when viewed collectively-

	(i)	are representative of a broad cross section of the population of the Republic; and

	(ii)	possess suitable qualifications, expertise and experience in fields such as community media, social, labour and development issues, media economics, financial management and funding, advertising and marketing, journalism and broadcast programming, media research, media training, literacy and education, media law, information and communication technology policy.

5	Disqualification

A person may not be appointed as a member if he or she-

	(a)	is not a South African citizen and ordinarily resident in the Republic;

	(b)	is an unrehabilitated insolvent;

	(c)	is a member of Parliament, any provincial legislature or any municipal council;

	(d)	is an office-bearer or employee of any party, movement or organisation of a party-political nature;

	(e)	has, notwithstanding paragraph (f), at any time been convicted of theft, fraud, perjury, an offence under the Corruption Act, 1992 (Act 94 of 1992), or any other offence involving dishonesty;

	(f)	has been convicted after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993) of a crime specified in Schedule 1 to the Criminal Procedure Act, 1977 (Act 51 of 1977), and has been sentenced to a period of imprisonment of not less than one year without the option of a fine;

	(g)	has, as a result of improper conduct, been removed from an office of trust; or

	(h)	has been declared by a court to be mentally ill or disordered.

6	Removal from office

(1) Subject to subsection (2), a member ceases to be a member of the Board and must vacate his or her office if-

	(a)	he or she becomes disqualified in terms of section 5, from being appointed as a member;

	(b)	he or she submits his or her resignation in writing to the President;

	(c)	he or she has, without the leave of the Board, been absent from more than two consecutive meetings of the Board;

	(d)	he or she is found to be incompetent or unfit to fulfill his or her duties;

	(e)	he or she is found guilty of misconduct; or

	(f)	he or she is found guilty of an offence under section 11 (4) .

(2) A member may be removed from office only on-

(a)	a finding to that effect by the National Assembly; and

(b)	the adoption by the National Assembly of a resolution calling for that member's removal from office.

(3) The President-

	(a)	may suspend a member from office at any time after the start of the proceedings of the National Assembly for the removal of that member;

	(b)	must remove a member from office upon adoption by the National Assembly of the resolution calling for that member's removal.

7	Vacancies

(1)	(a) If a member contemplated in section 4 (1) (b) dies or vacates his or her office in terms of section 6, the President may appoint a suitably qualified person, from the nominees referred to in section 4 (1) (b), from which such member was appointed, to fill the vacancy for the unexpired term of office.

(b) If an appointment cannot be made in terms of paragraph (a)-

	(i)	the National Assembly must, as soon as possible, request nominations in terms of section 4 (1) (b);

	(ii)	the National Assembly must compile a shortlist in terms of section 4 (1) (b) (iii) and must make recommendations in terms of section 4 (1) (b); and

	(iii)	the President must appoint a member from the recommendations referred to in subparagraph (ii).

(2) If a member contemplated in section 4 (1) (c) dies or vacates his or her office in terms of section 6, the President must appoint another member in terms of section 4 (1) (c) to fill the vacancy for the unexpired term of office.

11	Conflicting interests

(1) A member may not vote at, attend or in any other manner participate in, any meeting of the Board, nor be present at the place where the meeting is held, if- 

	(a)	in relation to an application for support, he or she or his or her family member is a director, member or business partner or associate of, or has an interest in, the business of the applicant or of any person who made representations in relation to the application; or 

	(b)	in relation to any matter before the Board, he or she has any interest which might preclude him or her from performing his or her functions as a member in a fair, unbiased and proper manner.

(2)	(a) If, during the course of any meetings of the Board, there is reason to believe that a member has any interest contemplated in subsection (1), 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 meeting.

	(b) The disclosure, and the decision taken by the remaining members, must be recorded in the minutes of the meetings in question.

(3) If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Board is held or in any manner participates in the meeting of the Board, the relevant meeting of the Board is null and void. 

(4) A member is guilty of an offence and liable on conviction to a fine not exceeding R250 000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment, if he or she- 

	(a)	contravenes subsection (1); or 

	(b)	fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2).

16	Annual Report

(1) The Board must submit the approved report referred to in section 13 (2) (c), to the Minister within three months of the end of the relevant financial year.

(2) The Minister must table a copy of the annual report in Parliament within 30 days after it has been received by him or her if Parliament is then sitting and, if Parliament is not in sitting, within 14 days after the next ensuing sitting of Parliament.

Medical Schemes Act 131 of 1998

3	Establishment of Council for Medical Schemes

(1) There is hereby established a juristic person called the Council for Medical Schemes.

17	Liquidation

(1) The Council shall only be placed under liquidation by an Act of Parliament.

(2) In the event of the liquidation of the Council, the assets and liabilities of the Council, if any, shall accrue to the State.

Military Veterans’ Affairs Act 17 of 1999

5	Establishment of Advisory Board on Military Veterans' Affairs

An Advisory Board on Military Veterans' Affairs is established to attend to the interests of military veterans.

13	Powers and duties of Advisory Board

(2) The Advisory Board must, within 90 days after 31 March in every year, submit a report to the Minister on its activities and the activities of the Office, and the Minister must table it in Parliament.

Mine Health and Safety Act 29 of 1996
[Schedule 6] 1.   Establishment of Council and committees
—	(1)  The Council and the permanent committees of the Council, the Mining Regulation Advisory Committee, the Mining Occupational Health Advisory Committee and the Safety in Mines Research Advisory Committee are established by section 41 (1) and (2) of this Act.
 [Schedule 7] 1. Establishment of Authority and committees
—	(1)  The Authority is established by section 41 (3).
[Section 41 (3) ] (3)  A Mining Qualifications Authority is hereby established to advise the Minister on—
41	Establishment of tripartite institutions
(1) A Mine Health and Safety Council is hereby established to advise the Minister on health and safety at mines.
(2) The following permanent committees of the Council are hereby established- 
	(a)	the Mining Regulation Advisory Committee;
	(b)	the Mining Occupational Health Advisory Committee; and 
	(c)	the Safety in Mines Research Advisory Committee.
(3) A Mining Qualifications Authority is hereby established to advise the Minister on-
	(a)	qualifications and learning achievements in the mining industry to improve health and safety standards through proper training and education;
48	Chief Inspector of Mines
(1) The Minister must appoint an officer, with suitable mining qualifications and appropriate experience in health and safety at mines, to be Chief Inspector of Mines.
81	Minister to table annual report
(1) Within 30 days of receiving the annual report of the Chief Inspector of Mines, the Minister must table it in Parliament.
(2) If Parliament is not in session at the end of the period referred to in subsection (1), the Minister must table the report within 14 days of the beginning of the next session of Parliament.
Schedule 6
19	Accountability
(6) The books of account, statements of account and annual financial statements of the Council must be audited annually by the Auditor-General. The Auditor General must compile a report on the audit and submit a copy of it to the Minister and the chairperson of the Council.
(7) The secretary of the Council must supply each member of the Council with a copy of the report of the Auditor-General.
(8) As soon as practicable after the report of the Auditor-General has been submitted to the Minister in terms of subitem (6), the Minister must table it in Parliament.
Schedule 6
21	Abolition of Council or committee
(1) The Council and the permanent committees may be abolished by an Act of Parliament.
Schedule 7
20	Accounting
(1) The executive officer is the accounting officer of the Authority.
(2) The accounting officer is responsible for all moneys received and payments made by the Authority.
(3) The financial year of the Authority ends on 31 March in each year.
(6) The books of account, statements of account and annual financial statements of the Authority must be audited annually by the Auditor-General. The Auditor-General must compile a report on the audit and submit a copy of it to the Minister and the chairperson of the Authority.
(8) As soon as practicable after the report of the Auditor-General has been submitted to the Minister in terms of subitem (6), the Minister must table it in Parliament.
Schedule 7
21	Abolition of Authority and committees
(1) The Authority may be abolished by an Act of Parliament.

Mining Rights Act 20 of 1967

1	Definitions

'precious metals' means-

	(a)	the metals gold, silver, platinum and iridium and any other metals of the platinum group, and the ores of any such metals; and

	(b)	any other metals which the State President has, with the approval, by resolution, of the House of Assembly, declared by proclamation in the Gazette to be precious metals for the purposes of this Act, and the ores of any such metals;

Mining Titles Regulation Act 16 of 1967

9	Regulations Board

(1) There shall be established a Mining Titles Regulations Board (in this section referred to as 'the board') with power to make regulations in regard to the matters mentioned in section 10.

(9) No regulation or amendment or repeal of any regulation made by the board shall have effect unless it has been approved by the Minister and published in the Gazette at least one month before the date on which it is expressed to take effect.

(10) Every such regulation, amendment or repeal shall, within fourteen days after it has taken effect, be laid upon the Table in the Senate and in the House of Assembly by the Minister if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Municipal Accountants’ Act 21 of 1988

2	Establishment and objects of Board for Municipal Accountants

(1) There is hereby established a Board, to be known as the Board for Municipal Accountants which shall be a body corporate.

12	Report to Minister

(1) The Board shall within six months after the close of each financial year submit to the Minister a report in regard to the activities of the Board during that financial year, together with a copy of the audited financial statements in respect of that financial year.

(2) A report received by the Minister in terms of subsection (1) shall be laid upon the Table in Parliament within 14 days after receipt thereof by the Minister, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Mutual Banks Act 124 of 1993

1	Definitions

'Registrar' means the Registrar of Banks designated under section 4 of the Banks Act, 1990 (Act 94 of 1990);

8	Annual report by Registrar

(1) The Registrar shall annually submit to the Minister a report on his activities in terms of this Act during the year under review.

(2) The Minister shall lay a copy of the report referred to in subsection (1) upon the Table in Parliament within 14 days after receipt of such report, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

National Advisory Council on Innovation Act 55 of 1997

2	Establishment of National Advisory Council on Innovation

A council which shall be called the National Advisory Council on Innovation is hereby established.

12	Annual report

(1) NACI shall annually submit a report on its activities, including an assessment of the extent to which its objects have been achieved, to the Minister. 

(2) The Minister shall cause the report to be tabled in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

National Archives of South Africa Act 43 of 1996

4	National Archivist and staff

(1)	(a) The Minister shall, after consultation with the Public Service Commission contemplated in section 196 of the Constitution, appoint an experienced and qualified person as National Archivist in terms of the Public Service Act, 1994 (Proclamation 103 of 1994), on such grade as the Minister may determine.

6	Establishment, constitution and functions of National Archives Advisory Council

(1) The Minister shall by notice in the Gazette establish a council to be known as the National Archives Advisory Council.

10	Annual reports

(1) As soon as practicable after the end of each financial year the National Archivist shall compile a report on all the activities of the National Archives during that financial year, and the Council shall compile a report on all the activities of the Council during that financial year.

(2) The report of the National Archivist shall include-

	(a)	details of income and expenditure;

	(b)	a complete list of disposal authorities issued;

	(c)	an account of all cases of unauthorised disposal of public records investigated by the National Archives; and

	(d)	an account of all governmental bodies which have failed to comply with this Act.

(3) The report of the National Archivist and of the Council, together with the audited annual financial statements pertaining to the funds of the Council, shall be submitted to the Minister, and the Minister shall table them in Parliament within 14 days after receipt thereof if Parliament is then sitting, or if Parliament is not then sitting, within 14 days of the commencement of the next sitting of Parliament.

(4) Within five months after the reports have been tabled, a delegation consisting of the National Archivist and at least two members of the Council must brief the Portfolio Committee on Arts, Culture, Science and Technology on the reports.

National Arts Council Act 56 of 1997

17	Audit, annual and financial report

(1) The Auditor-General shall audit the accounts and balance sheet of the Council. 

(2) The Council shall-

	(a)	furnish to the Minister such information as he or she may call for in connection with the activities and financial position of the Council; 

	(b)	submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require. 

(3) The Minister shall table the report referred to in subsection (2) (b) in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

(4) Within five months after the report has been tabled, a delegation consisting of the chairperson of the council and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

National Conventional Arms Control Act 41 of 2002

2	Establishment of National Conventional Arms Control Committee 

A committee to be known as the National Conventional Arms Control Committee is hereby established.

23	Disclosure and non-disclosure of information

(1) The Committee must- 

	(a)	ensure compliance with the annual reporting requirements of the United Nations Register of Conventional Arms and simultaneously present to Parliament a copy of South Africa's annual report to the United Nations;

	(b)	make quarterly reports to the Cabinet and a committee of Parliament determined by Parliament on all conventional arms exports concluded during the preceding quarter; and

	(c)	at the end of the first quarter of each year, present to Parliament and release to the public an annual report on all conventional arms exports concluded during the preceding calender year.

(2)	(a) Subject to paragraph (c), the reports referred to in subsection (1) (b) must contain such information as may be prescribed and must set out the names of the importing states and the type, quantity and value of all the conventional arms in question.

	(b) Subject to paragraph (c), the report referred to in section (1) (c) may- 

	(i)	only reflect the country and type of conventional arms involved and total value per type exported to the country for the year; and 

	(ii)	reflect the quantity of conventional arms involved, except if disclosure is prohibited in terms of a confidentiality clause in the contract of sale.

	(c) Information concerning the technical specifications of conventional arms may be omitted from a report in order to protect military and commercial secrets.

(3) No person may disclose any classified document or the content thereof concerning the business of the Committee except with the permission of a competent authority or as required in terms of the Promotion of Access to Information Act, 2000 (Act 2 of 2000).

National Council for Library and Information Services Act 6 of 2001

2	Establishment of council

The National Council for Library and Information Services is hereby established.

5	Composition of council

(1) The council consists of-

	(a)	12 members appointed by the Minister, after consultation with the Minister of Education and after a process of public nomination set out in section 7;

7	Nomination procedure

(1) Before persons contemplated in section 5 (1) (a) are appointed the Minister must-

	(a)	invite nominations from interested persons by notice in the Gazette and in at least two nationally circulated newspapers, and over the radio, specifying a reasonable period within which nominations must be submitted; and

	(b)	set out in such notice the procedure pertaining to the nominations.

(2)	(a) The Minister must appoint a panel, after the composition was approved by the Portfolio Committee on Arts, Culture, Science and Technology, consisting of persons with experience or expertise in library and information services to compile a short list of not more than 15 candidates from the persons nominated in terms of subsection (1) (a).

(b) The appointment of council members referred to in section 5 (1) (a) must be made from the list contemplated in paragraph (a).

14	Annual report

(1) The council must annually submit a report on its activities, advice and recommendations to the Minister and the Minister of Education, and the Minister must table the report in Parliament as soon as possible after its receipt.

(2) Within five months after the report has been tabled, a delegation consisting of the chairperson and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

National Development Agency Act 108 of 1998

2	Establishment of National Development Agency

A juristic person to be known as the National Development Agency is hereby established.

11	Audit and annual report

(1) The Auditor-General must audit the financial statements of the NDA.

(2) The NDA must table a report on its activities during a financial year in Parliament within three months after the end of that financial year.

(3) The report must-

	(a)	include a balance sheet and a statement of income and expenditure certified by the Auditor-General;

	(b)	state the extent to which the NDA has achieved or advanced its objects referred to in section 3 and the measurable objectives as set out in its business plan during the financial year concerned; and

	(c)	contain relevant performance information regarding the economic, efficient and effective application of resources and specifically a comparison between planned and actual performance indicators as set out in that business plan.

National Economic, Development and Labour Council Act 35 of 1994

8	Reports

Any report of the Council, including the annual report or a report on any proposed legislation or policy relating to or affecting social and economic matters shall be submitted to the Minister and every such report shall as soon as practicable be laid upon the Table of the Senate and of the National Assembly.

National Education Policy Act 27 of 1996

3	Determination of national education policy by Minister

	(1) The Minister shall determine national education policy in accordance with the provisions of the Constitution and this Act.

(2) In determining national policy for education at education institutions, the Minister shall take into account the competence of the provincial legislatures in terms of section 146 of the Constitution, and the relevant provisions of any provincial law relating to education.

	(3) Subject to the Constitution, national policy shall prevail over the whole or a part of any provincial policy on education if there is a conflict between the national and provincial policies.

	(4) Subject to the provisions of subsections (1) to (3), the Minister shall determine national policy for the planning, provision, financing, co-ordination, management, governance, programmes, monitoring, evaluation and well-being of the education system and, without derogating from the generality of this section, may determine national policy for-

(a)	education management information systems, including the provision of data in accordance with the international obligations of the government;

(b)	the organisation, management and governance of the national education system;

(c)	facilities, finance and development plans for education, including advice to the Financial and Fiscal Commission;

		(d)	innovation, research and development in education;

		(e)	the ratio between educators and students;

		(f)	the professional education and accreditation of educators;

(g)	the organisation, management, governance, funding, establishment and registration of education institutions;

		(h) 	compulsory school education;

(i)	the admission of students to education institutions, which shall include the determination of the age of admission to schools;

(j)	the minimum number of hours per day and days per year during which education shall be provided for different phases of education in education institutions;

		(k)	co-ordination of the dates of school terms among provinces;

(l)	curriculum frameworks, core syllabuses and education programmes, learning standards, examinations and the certification of qualifications, subject to the provisions of any law establishing a national qualifications framework or a certifying or accrediting body;

		(m)	language in education;

(n)	control and discipline of students at education institutions: Provided that no person shall administer corporal punishment, or subject a student to psychological or physical abuse at any education institution;

(o)	education support services, including health, welfare, career and vocational development, counselling and guidance for education institutions, within the functional responsibility of a department of education;

		(p)	co-operation between the Department and- 

			(i)	other state departments;

			(ii)	provincial education departments;

			(iii)	local government; and 

			(iv)	non-government organisations, 

with a view to advancing the national education policy contemplated in this section and the Reconstruction and Development Programme;

		(q) 	international relations in the field of education;

(r)	executive functions required to implement national education policy determined in terms of this Act, including the implementation of measures to address past discriminatory practices.

7	Publication of national education policy

The Minister shall within 21 days after determining policy in terms of section 3 - 

	(a) 	give notice of such determination in the Gazette and indicate in such notice where the policy instrument issued with regard thereto may be obtained;

	(b)	table the policy instrument referred to in paragraph (a) in Parliament within 21 days after the notice has appeared in the Gazette, if Parliament is then inordinary session, or, if Parliament is not in ordinary session, within 21 days after the commencement of the first ensuing ordinary session of Parliament.

8	Monitoring and evaluation of education

(5) The Department shall prepare and publish a report on the results of each investigation undertaken in terms of subsection (3) after providing an opportunity for the competent authority concerned to comment, which comment shall be published with the report.

(6) If a report prepared in terms of subsection (5) indicates that the standards of education provision, delivery and performance in a province do not comply with the Constitution or with the policy determined in terms of section 3 (3), the Minister shall inform the provincial political head of education concerned and require the submission within 90 days of a plan to remedy the situation.

(7) A plan required by the Minister in terms of subsection (6) shall be prepared by the provincial education department concerned in consultation with the Department, and the Minister shall table the plan in Parliament with his or her comments within 21 days of receipt, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 21 days after the commencement of the first ensuing ordinary session of Parliament.

National Empowerment Fund Act 105 of 1998

2	Establishment of National Empowerment Fund

A trust called the 'National Empowerment Fund' (NEF) is established.

4	The Trust

(1) The Trust is constituted as a body corporate with perpetual succession, and subject to the provisions of this Act, will be capable in law, in its own name, of suing and being sued, of acquiring, holding and alienating movable and immovable property, and of performing such acts as a body corporate may by law perform.

	(2) The Trust shall consist of not less than 7 but not more than 11 trustees appointed in terms of section 8.
20	Reports

(1) The Trust must-

	(b)	annually, within six months from the end of each financial year, furnish the Minister with a consolidated report with regard to the functions, affairs, activities and financial position of the Trust during that financial year and provide a statement of the progress achieved towards realization of the purposes of this Act in that financial year.

(3) The Minister must, within 14 days after he or she has received a copy of the annual report, table it in Parliament if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

28	Dissolution of Trust and Distribution

(1) The Trust may be dissolved on a date determined by an Act of Parliament.

(2) The assets or the proceeds of those assets must, after the payment of all the liabilities of the Trust or the assumption thereof by the State pursuant to an Act of Parliament, upon dissolution of the Trust, be ceded and transferred to the State or any beneficiary as may be appointed by the Act of Parliament referred to in subsection (1).

National Environmental Management Act 107 of 1998

3	Establishment, objects and functions of National Environmental Advisory Forum 

(1) The National Environmental Advisory Forum is hereby established.

4	Composition 

(1) The Forum consists of at least 12 but not more than 15 members appointed by the Minister. 

(2) The Minister appoints persons who represent stakeholders, and persons who have experience, expertise or skills necessary to enable the Forum to carry out its functions: Provided that the Minister must take into account the desirability of appointing women, youth and persons disadvantaged by unfair discrimination and ensuring representation of vulnerable and disadvantaged persons. 

(3) Before persons contemplated in subsection (2) are appointed, the Minister must-

	(a)	invite nominations from organised labour, organised business, non-governmental organisations and community-based organisations in a manner that he or she may consider appropriate, and invite nominations from others by notice in the Gazette, at least two nationally distributed newspapers, appropriate local newspapers and on the radio specifying a period within which nominations must be submitted; 

	(b)	stipulate in such notice, the procedure to be adopted regarding such nominations; and 

	(c)	consult with- 

	(i)	the MECs; and

	(ii)	the Committees of the National Assembly and the National Council of Provinces that scrutinise environmental affairs.

6	Functioning of Forum

 (3) The Minister must present an annual report to Parliament on the work of the Forum, including the following: 

	(a) 	the work plan for the next year; 

	(b)	information and recommendations submitted; and 

	(c)	financial report and budget.

7	Establishment, objects and functions of Committee 

(1) The Committee for Environmental Co-ordination is hereby established.

10	Report of Committee 

(1) The Committee presents an annual report on its activities to the Minister on the following: 

	(a)	the work of the Committee and the work plan for the next year; 

	(b)	comments submitted to the Director-General on the environmental implementation and environmental management plans received; 

	(c)	recommendations made in respect of environmental implementation and environmental management plans received; 

	(d)	recommendations made in order to secure compliance with the principles set out in section 2 and national norms and standards; 

	(e)	law reform undertaken and proposed by organs of state represented on the Committee;

	(f)	compliance with environmental implementation and management plans by municipalities; and

	(g)	any other matter relevant to the co-ordination of policies, plans and programmes that may affect the environment. 

	(3) The Minister must present an annual report to Parliament on the work of the Committee, including the matters listed in subsection (1).

26	Reports

(1) The Minister must report to Parliament once a year regarding international environmental instruments for which he or she is responsible and such report may include details on-

	(a)	participation in international meetings concerning international environmental instruments; 

	(b)	progress in implementing international environmental instruments to which the Republic is a party; 

	(c)	preparations undertaken in respect of international instruments to which the Republic is likely to become a party; 

	(d)	initiatives and negotiations within the region of Southern Africa; 

	(e)	the efficacy of co-ordination mechanisms; and 

	(f)	legislative measures that have been taken and the time frames within which it is envisaged that their objectives will be achieved.

(2)	(a) The Minister must initiate an Annual Performance Report on Sustainable Development to meet the government's commitment to Agenda 21. 

(b)	(i) The Annual Performance Report must cover all relevant activities of all national departments and spheres of government. 

	(ii) All relevant organs of state must provide information to the Minister by a date to be determined by the Minister for the purposes of the report referred to in paragraph (a) and this may consist of an assembly of information compiled for other purposes. 

	(c) The Minister may appoint persons as he or she considers necessary to act as a Secretariat to ensure preparation of the report. 

	(d) The purpose of the report shall be to-

	(i)	provide an audit and a report of the government's performance in respect of Agenda 21; 

	(ii)	review procedures for co-ordinating policies and budgets to meet the objectives of Agenda 21; and 

	(iii)	review progress on a public educational programme to support the objectives of Agenda 21.

47	Procedure for making regulations

(1) Before making any regulations under this Act, a Minister or MEC must-

	(a)	publish a notice in the relevant Gazette-

	(i)	setting out the draft regulations; and

	(ii)	inviting written comments to be submitted on the proposed regulations within a specified period mentioned in the notice; and 

	(b)	consider all comments received in accordance with paragraph (a) (ii). 

(2) The Minister must, within 30 days after promulgating and publishing any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces, and an MEC must so table the regulations in the relevant provincial legislature or, if Parliament or the provincial legislature is then not in session, within 30 days after the beginning of the next ensuing session of Parliament or the provincial legislature. 

(3) In considering regulations-

	(a)	tabled in the National Assembly, a committee of the National Assembly must consider and report to the National Assembly; 

	(b)	tabled in the National Council of Provinces, a committee of the National Council of Provinces must consider and report to the National Council of Provinces; and 

	(c)	tabled in a provincial legislature, a committee of that provincial legislature must consider and report to the provincial legislature,

whether the regulations- 

	(i)	are consistent with the purposes of this Act;

	(ii)	are within the powers conferred by this Act;

	(iii)	are consistent with the Constitution; and

	(iv)	create offences and prescribe penalties for such offences that are appropriate and acceptable. 

(4) The National Council of Provinces may by resolution reject the regulations within 30 days after they have been tabled in the National Council of Provinces, and such rejection must be referred to the National Assembly for consideration. 

(5)	(a) The National Assembly, after considering any rejection of a regulation by the National Council of Provinces; and 

	(b) the relevant provincial legislature,

may by resolution within 60 days after they have been tabled disapprove of the regulations, and may suspend its disapproval for any period and on any conditions to allow the Minister or MEC to correct a defect. 

(6) If the National Assembly or provincial legislature disapproves of any regulation, the regulation lapses, but without affecting-

	(a)	the validity of anything done in terms of the regulation before it lapsed; or 

	(b)	a right or privilege acquired or an obligation or liability incurred before it lapsed.

National Film and Video Foundation Act 73 1997

17	Audit, annual and financial report

(1) The Auditor-General shall audit the accounts and balance sheet of the Foundation. 

(2) The Foundation shall-

	(a)	furnish to the Minister such information as he or she may call for in connection with the activities and financial position of the Foundation; 

	(b)	submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require. 

(3) The Minister shall table the report referred to in subsection (2) (b) in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

(4) Within five months after the report has been tabled, a delegation consisting of the chairperson of the council and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.

National Forests Act 84 of 1998

6	Duty to monitor forests and disseminate information

(1) The Minister must monitor forests with reference to the matters referred to in section 4 (6).

(2) The Minister must disseminate the information derived from monitoring to the public in a way which in his or her opinion will promote sustainable forest management.

(3) The Minister must report to Parliament at least every three years on-

	(a)	the facts and trends which emerge from the monitoring;

	(b)	whether the facts and trends observed are in the national interest;

	(c)	the measures being implemented to address negative trends; and

	(d)	any other matter he or she considers appropriate

10	Effect of setting aside protected areas

(2) The decision to declare a protected area may not be revoked, nor may a protected area which is State forest be sold, nor may a servitude over a protected area be granted, without-

	(a)	the Minister following the same procedure as that required for declaring the protected area; and

	(b)	the approval by resolution of Parliament.

33	Establishment and objects of National Forests Advisory Council

(1) The National Forests Advisory Council is established.

34	Constitution of Council

(1) The Council consists of a maximum of 20 members and a minimum of 14 members appointed by the Minister in terms of this section.

(3) Whenever it is necessary to appoint the Council the Minister must-

	(a)	invite nominations by means of a notice published in at least two nationally distributed newspapers, specifying a period within which nominations must be submitted; 

	(b)	establish an advisory committee which includes the chairpersons of the portfolio committees dealing with forestry matters in the National Assembly and the National Council of Provinces, or their delegates, and appoint a chairperson for the committee; and

	(c)	submit all the nominations received to the advisory committee.

41	Establishment and objects of National Forest Recreation and Access Trust

(1) The National Forest Recreation and Access Trust is established. 

(2) The Minister is the sole trustee of the Trust.

44	Reports by Minister as trustee

The Minister must, within three months of the end of each financial year, submit to Parliament-

	(a)	a report on the Trust's activities; and

	(b)	audited financial statements of the Trust.

54	Procedure for making regulations

(1) Before making or amending any regulations in terms of this Act, the Minister must-

	(a)	publish a notice in the Gazette-

		(i)	setting out the draft regulations; and

		(ii)	inviting written comments to be submitted on the proposed regulations within a specified period; 

	(b)	consider all comments received; and

	(c)	take advice from the Council. 

	(2) (a) After complying with subsection (1), the Minister may-

		(i)	amend the draft regulations; and 

(ii)	subject to subsection (3) to (8), publish the regulations in final form in the Gazette.

(b) The regulations are effective from the date the Minister publishes them in the Gazette in terms of paragraph (a).

(3) The Minister must table the regulations in Parliament, together with any written comments and advice received on them pursuant to subsection (1)-

	(a)	within 30 days after publishing them in terms of subsection (2); or

	(b)	if Parliament is not then in session, within 30 days after the next session starts.

(4) Parliament may reject the regulations within 60 days after they have been tabled. 

(5) If Parliament rejects any regulations, the Minister must-

	(a)	repeal them; or

	(b)	table amended regulations in draft form in Parliament,

within 60 days of the rejection, or, if Parliament is not then in session, within 60 days after the next session starts, failing which the regulations become invalid.

(6) If the Minister elects to table amended regulations in terms of subsection (5) (b), he or she-

	(a)	must consult the chairperson of the Council; 

	(b)	need not follow the procedure in subsection (1), 

before the amended regulations are tabled.

(7) If Parliament-

	(a)	accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance;

	(b)	rejects the amended regulations, subsections (5) and (6) and this subsection apply.

(8) If the Minister complies with subsection (5) (b), the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister in terms of subsection (2).

National Gambling Act 33 of 1985

2	Establishment of National Gambling Board

There is hereby established a juristic person to be known as the National Gambling Board.

3	Composition of Board

(1) The Board shall consist of-

	(a)	a chairperson, who in the opinion of the Minister, after he or she has consulted with the premier of each province, is a fit and proper person to serve as chairperson of the Board;

	(e)	not more than two members, who in the opinion of the Minister, have applicable knowledge or experience of matters connected with the objects of the Board,

(3) The members referred to in subsection (1) (a) and (e) shall be appointed only after the Minister has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Board, and the parliamentary committees concerned have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the objects of the Board as set out in section 10.

9	Accountability, audit and annual report

(3) The Board shall-

	(a) 	report to the Minister at least once every year on its activities, and the Minister shall cause such report to be tabled forthwith in Parliament; and 

	(b)	simultaneously submit copies of the report referred to in paragraph (a) to the premiers of the various provinces.

17	Regulations

(1) The Minister may, after consultation with the Board, make regulations … 

(3) Any regulation made under this Act shall be laid on the Table in Parliament within 14 days after the publication thereof in the Gazette if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the next ensuing ordinary session.

National Heritage Council Act 11 of 1999

3	Establishment of Council

There is hereby established a juristic person to be known as the National Heritage Council.

13	Audit, annual and financial report

(1) The Auditor-General shall audit the accounts and balance sheet of the Council.

(2) The Council shall-

	(a)	furnish to the Minister such information as he or she may call for in connection with the activities and financial position of the Council;

	(b)	submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require.

(3) The Minister shall table the report referred to in subsection (2) (b) in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after commencement of the next ordinary session.

(4) Within five months after the report has been tabled, a delegation consisting of the chairperson of the Council and at least two other members of the Council must brief the relevant committees of Parliament on the annual report.

National Heritage Resources Act 25 of 1999

11	Establishment of South African Heritage Resources Agency

There is hereby established an organisation to be known as the South African Heritage Resources Agency (SAHRA) which shall be a body corporate capable of suing and being sued in its corporate name and which shall be governed by a Council established in terms of section 14.

22	Reports

(1) As soon as practicable after the end of the financial year, SAHRA must compile and submit to the Minister a report on all its activities during that financial year, including a balance sheet and statements of income and expenditure certified by the Auditor-General.

(2) The report referred to in subsection (1) must include a description of the condition of the national estate during the period to which the report relates, including destruction and other losses incurred, threats to specific heritage resources or categories of heritage resources, and an account of offences and prosecutions and the results thereof. 

(3) The Minister must table the report referred to in subsection (1) in Parliament within 14 days after receipt thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ordinary session.

National House of Traditional Leaders Act 10 of 1997

2	Establishment of council

(1) There is hereby established a council to be known as the National House of Traditional Leaders.

7	Objects and functions of National House

(2) The National House-

	(d)	shall present an annual report to Parliament.

National Nuclear Regulator Act 47 of 1999

3	Establishment of National Nuclear Regulator

A juristic person to be known as the National Nuclear Regulator, comprising a board, a chief executive officer and staff, is hereby established.

7	Functions of Regulator

(1) The Regulator may, subject to this Act, for the purpose of achieving its objects-

	(a)	grant or amend nuclear authorisations;

	(b)	hire, purchase or otherwise acquire any movable and immovable property and proprietary right, and rent or dispose of property so acquired, but may not acquire or dispose of immovable property without the prior approval of the Minister, granted with the agreement of the Minister of Finance;

	(c)	collaborate with any other body or institution or establish and control facilities for the collection and dissemination of scientific and technical information, in connection with any matter regarding nuclear energy falling within the objects of the Regulator;

	(d)	collaborate with any educational, scientific or other body, a government or institution in connection with the provision of instruction for, or the training of, persons required by the Regulator;

	(e)	provide, on such conditions as the Regulator thinks fit, financial or other assistance in connection with the training of persons in so far as in the board's opinion it is necessary to ensure that a sufficient number of trained persons are available to enable the Regulator to perform its functions;

	(f)	insure itself against any loss, damage, risk or liability which it may suffer or incur;

	(g)	advise the Minister on matters associated with any action or condition which-

	(i)	is capable of causing nuclear damage;

	(ii)	the Minister refers to the Regulator; or

	(iii)	the Regulator thinks necessary to advise the Minister on;

	(h)	for purposes of this Act, act as the national competent authority in connection with the International Atomic Energy Agency's Regulations for the Safe Transport of Radioactive Material;

	(i)	conclude contracts, enter into agreements or perform any act, whether in the Republic or elsewhere, whereby its objects are carried into effect or which is calculated, directly or indirectly, to enhance the value of the services which the Regulator renders towards the achievement of its objects or which may be prescribed;

	(j)	produce and submit to the Minister an annual public report on the health and safety related to workers, the public and the environment associated with all sites including, but not limited to, the prescribed contents.
	
(2) The Minister must table in Parliament the annual public report submitted to him or her in terms of subsection (1) (j) within 14 days after it is so submitted if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

8	Control and management of affairs of Regulator

(1) The Regulator is governed and controlled, in accordance with this Act, by a Board of Directors.

(4) The board consists of-

		(a)	the following directors appointed by the Minister:

	(i)	One representative of organised labour;

	(ii)	one representative of organised business;

	(iii)	one person representing communities, which may be affected by nuclear activities; 

	(iv)	an official from the Department of Minerals and Energy;

	(v)	an official from the Department of Environmental Affairs and Tourism; and

	(vi)	not more than seven other directors; and

		(b)	the chief executive officer.

(7) For the purposes of appointing the directors of the board referred to in subsection (4) (a) (i), (ii), (iii) and (vi)-

	(b)	a panel, appointed by the Minister, which may include representatives of the relevant committees of Parliament, must compile a shortlist of not more than 20 candidates from the persons so nominated;

19	Judicial management and liquidation of Regulator

Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

National Parks Act 57 of 1976

1	Definitions

'board' means the board known as South African National Parks referred to in section 5 (1);

2	Existing parks

(3) Except under the authority of a resolution of Parliament, no land included in a park described in Schedule 1 shall be alienated or excluded or detached from the park.

5	Establishment and constitution of National Parks Board 

(1) As from the date of commencement of the National Parks Amendment Act, 1997, the National Parks Board, established under this subsection as it was in force immediately before the substitution thereof by section 2 (a) of the said Act, shall be known as South African National Parks.
(1A)  Any reference to the National Parks Board in any law, deed or other document shall, unless clearly inappropriate, be construed as a reference to South African National Parks

8	Cancellation of appointment of member

(1) The name of every person appointed as a member of the board shall be tabled in Parliament within fourteen days after the appointment if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session.

(2) If, within thirty days after the name of any person has been tabled under the provisions of subsection (1), Parliament passes resolutions disapproving of the appointment of that person as a member of the board, his appointment shall be cancelled.

9	Suspension and removal of member from office

(1) The Minister may suspend any member of the board appointed by him from his office for incapacity or misbehaviour.

(2) Where a member is suspended in terms of subsection (1), a full statement of the cause of the suspension shall be tabled in Parliament within fourteen days after the suspension if Parliament is then in session or, if Parliament is not then in session, within fourteen days after the commencement of its next ensuing session.

 (3) If, within thirty days after a statement has been tabled in terms of subsection (2), an address is not presented to the Minister by Parliament requesting the retention of the member concerned in his office, the Minister may remove the member from his office.

17	Annual report by the board

(1) 	(a) The board shall as soon as may be after 31 March of each year submit to the Minister a report of its operations during the year ending on that date.

	(b) Any report submitted in terms of paragraph (a), shall be accompanied by a statement of the board's revenue and expenditure during the relevant period.

(2) The report and statement referred to in subsection (1) shall be tabled in Parliament.

National Policy for Health Act 116 of 1990

2	Determination of national policy for health

(1) Subject to the provisions of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983), and of this section, the Minister may determine the national policy to be applied in respect of any matter which in his opinion will promote the health of the inhabitants of the Republic, including- 

(a)	the obtaining and processing of statistical returns;

(b)	the determination of targets and priorities relating to health services provided by the State and local authorities;

(c)	the determination of norms and standards for the provision or financing of health services in the Republic;

(d)	the making available of persons for those professions which have as their object the prevention, treatment, cure, correction or mitigation of physical or mental defects, illnesses or deficiencies in man;

(e)	the efficient co-ordination of health services provided by the State and local authorities:

Provided that such policy shall be determined within the framework of the following guidelines:

(i)	That an inhabitant of the Republic, if he is capable of doing so, shall primarily be responsible for his own and his family's physical, mental and social well-being, but that the State and local authorities shall share responsibility in this regard by providing an efficient and comprehensive health service;

(ii)	that such inhabitant shall pay the costs incidental to his medical treatment, but that the financial circumstances of a patient shall not take precedence over the necessity for treatment, and that indigent persons shall be accommodated;

(iii)	that the provision of a comprehensive health service by the State and local authorities shall be directed in a responsible manner at the needs of the individual and those of society, but that the available financing sources, natural resources and manpower of the Republic shall be taken into account;

(iv)	that the private sector shall be encouraged to provide health services in the Republic, but that the provision of such services shall be in the public interest.

(3) The Minister shall-

(a)	within 21 days after he has determined policy on any matter referred to in subsection (1) give notice thereof in the Gazette and indicate in such notice where the document setting out such policy may be obtained;

(b)	table the document setting out the policy referred to in paragraph (a) in Parliament within 21 days after it has been determined if Parliament is then in session or, if Parliament is not then in session, within 21 days after the commencement of its next ensuing session.

National Prosecuting Authority Act 32 of 1998

1	Definitions and interpretation of Act

'National Director' means-

(a) 	for the purposes of section 65 (2) (d), the National Director of Public Prosecutions appointed in terms of section 179 (1) (a) of the Constitution;

(b)	for the purposes of sections 2 (4), 71 or 72 the National Director of Public Prosecutions appointed as contemplated in paragraph (a) and includes a Director of Public Prosecutions, an Investigating Director of Public Prosecutions and a Special Director of Public Prosecutions referred to in section 1 of the National Prosecution Authority Act, 1998 (Act 32 of 1998), who is authorised thereto in writing by the National Director in a specific case or in general;

(c) 	for the purposes of all other relevant provisions of this Act, the National Director of Public Prosecutions appointed as contemplated in paragraph (a) and includes any functionary referred to in section 1 of the National Prosecuting Authority Act, 1998, which is under the control of the National Director and authorised thereto by the National Director in a specific case or in general;

7	Investigating Directorates

(1)	(a) There is hereby established in the Office of the National Director an Investigating Directorate, to be known as the Directorate of Special Operations, with the aim to- 

	(i)	investigate, and to carry out any functions incidental to investigations; 

	(ii)	gather, keep and analyse information; and 

	(iii)	where appropriate, institute criminal proceedings and carry out any necessary functions incidental to instituting criminal proceedings, 

	relating to- 

	(aa)	offences or any criminal or unlawful activities committed in an organised fashion; or 

	(bb)	such other offences or categories of offences as determined by the President by proclamation in the Gazette.

	(b) For the purpose of subparagraph (aa), `organised fashion' includes the planned, ongoing, continuous or repeated participation, involvement or engagement in at least two incidents of criminal or unlawful conduct that has the same or similar intents, results, accomplices, victims or methods of commission, or otherwise are related by distinguishing characteristics.

(1A) The President may, by proclamation in the Gazette, establish not more than two additional Investigating Directorates in the Office of the National Director, in respect of  matters not contemplated in subsection (1) (aa) or (bb).

(2) Any proclamation issued in terms of this section-

	(a)	shall be issued on the recommendation of the Minister and the National Director; 

	(b)	may at any time be amended or rescinded by the President on the recommendation of the Minister and the National Director; and 

	(c)	must be submitted to Parliament before publication in the Gazette.

12	Term of office of National Director and Deputy National Directors

(6)	(a) The President may provisionally suspend the National Director or a Deputy National Director from his or her office, pending such enquiry into his or her fitness to hold such office as the President deems fit and, subject to the provisions of this subsection, may thereupon remove him or her from office- …

	(b) The removal of the National Director or a Deputy National Director, the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. 

	(c) Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended. 

	(d) The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves. 

(7) The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session praying for such removal on any of the grounds referred to in subsection (6) (a), is presented to the President. 

18	Remuneration of Deputy Directors and prosecutors

(1) Subject to the provisions of this section, any Deputy Director or prosecutor shall be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the Minister after consultation with the National Director and the Minister for the Public Service and Administration, and with the concurrence of the Minister of Finance, by notice in the Gazette.

(5)	(a) A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. 

	(b) If Parliament by resolution disapproves such a notice or any provision thereof, that notice or that provision, as the case may be, shall lapse to the extent to which it is so disapproved with effect from the date on which it is so disapproved.

(6) The salary payable to a Deputy Director or a prosecutor shall not be reduced except by an Act of Parliament: Provided that a disapproval contemplated in subsection (5) (b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.

21	Prosecution policy and issuing of policy directives

(1) The National Director shall, in accordance with section 179 (5) (a) and (b) and any other relevant section of the Constitution- 

	(a)	with the concurrence of the Minister and after consulting the Directors, determine prosecution policy; and

	(b)	issue policy directives, 

which must be observed in the prosecution process, and shall exercise such powers and perform such functions in respect of the prosecution policy, as determined in this Act or any other law. 

(2) The prosecution policy or amendments to such policy must be included in the report referred to in section 35 (2) (a): Provided that the first prosecution policy issued  under this Act shall be tabled in Parliament as soon as possible, but not later than six months after the appointment of the first National Director.

19A	Appointment of special investigators 

(1) The National Director may, on the recommendation of the head of the Directorate of Special Operations, appoint any fit and proper person as a special investigator of that Directorate.

22	Powers, duties and functions of National Director 

(4) In addition to any other powers, duties and functions conferred or imposed on or assigned to the National Director by section 179 or any other provision of the Constitution, this Act or any other law, the National Director, as the head of the prosecuting authority- …

(g)	shall prepare a comprehensive report in respect of the operations of the prosecuting authority, which shall include reporting on-

	(i)	the activities of the National Director, Deputy National Directors, Directors and the prosecuting authority as a whole;

	(ii)	the personnel position of the prosecuting authority;

	(iii)	the financial implications in respect of the administration and operation of the prosecuting authority;

	(iv)	any recommendations or suggestions in respect of the prosecuting authority;

	(v)	information relating to training programmes for prosecutors; and

	(vi)	any other information which the National Director deems necessary;

30	Powers and functions of special investigators

(3)	(a) The Minister may, in consultation with the Minister for Safety and Security, from time to time by notice in the Gazette bestow any power-

	(i)	which is conferred under any other law upon any specified person or category of persons; and 

	(ii)	which relates to the prevention, investigation or combating of any offence or other criminal or unlawful activity, 

	upon special investigators.

	(b)	Any notice referred to in paragraph (a)-

	(i)	may from time to time be amended or rescinded by the Minister in consultation with the Minister for Safety and Security; and 

	(ii)	must be submitted to Parliament before publication in the Gazette.

35	Accountability to Parliament

(1) The prosecuting authority shall be accountable to Parliament in respect of its powers, functions and duties under this Act, including decisions regarding the institution of prosecutions. 

(2)	(a) The National Director must submit annually, not later than the first day of June, to the Minister a report referred to in section 22 (4) (g), which report must be tabled in Parliament by the Minister within 14 days, if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. 

	(b) The National Director may, at any time, submit a report to the Minister or Parliament with regard to any matter relating to the prosecuting authority, if he or she deems it necessary.

40	Regulations

(1) The Minister may, subject to subsection (2), make regulations prescribing- 

	(a)	matters required or permitted by this Act to be prescribed; 

	(b)	the steps to be taken to ensure compliance with the code of conduct referred to in section 22 (6); or 

	(c)	matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Minister may, after consultation with the National Director, make regulations regarding the Directorate of Special Operations, prescribing- …

(3) Any regulation made in terms of this section- 

	(a)	which may result in the expenditure of State monies shall be made in consultation with the Minister of Finance; 

	(b)	may provide that a contravention thereof shall be an offence; and 

	(c)	must be submitted to Parliament before publication in the Gazette.

National Railway Safety Regulator Act 16 of 2002

4	Establishment of Railway Safety Regulator 

A juristic person to be known as the Railway Safety Regulator, comprising of a board, a chief executive officer and staff, is established by this section.

20	Reporting to Minister and Parliament 

(1) The Regulator must produce and submit to the Minister an annual report on the safety of workers, the public and the environment associated with railway operations that the Regulator is required to regulate under this Act including any other matters that may be prescribed.

(2) The Minister must table the annual report submitted to him or her in terms of subsection (1) in Parliament within 14 days-

	(a)	of receipt thereof if Parliament is in session; or 

	(b)	after the commencement of its ensuing session, if Parliament is not in session.

21	Judicial management and liquidation of Regulator 

Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted especially for that purpose.

50	Making of regulations 

(1) The Minister may, after consultation with the board, and by notice in the Gazette, make regulations as to any matter-

	(a)	required to be prescribed in terms of this Act; 

	(b)	which is necessary to prescribe for the effective administration of this Act.

(2) Any regulation made in terms of subsection (1) may provide that-

	(a)	the contravention thereof, or failure to comply therewith, is an offence; and 

	(b)	a person convicted of that offence is punishable with a prescribed fine or a term of imprisonment not longer than the period so prescribed.

(3) The Minister must, before making any regulations in terms of this Act-

	(a)	publish a notice in the Gazette- 

	(i)	setting out the draft regulations; and 

	(ii)	inviting written comments to be submitted on the proposed regulations, specifying an address to which, and a date before which, the comments may be submitted, which date may not be earlier than 60 days after publication of the notice; 

	(b)	consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons; 

	(c)	consider all comments received on or before the date specified in paragraph (a) (ii); and 

	(d)	on request by the National Assembly or the National Council of Provinces or a committee of the National Assembly or the National Council of Provinces, report on the extent to which a specific comment has been taken into account, or if a comment was not taken into account, provide the reason why it was not taken into account. 

51	Consideration of regulations 

The Minister must, within 30 days after making any regulations in terms of this Act, table the regulations in the National Assembly and the National Council of Provinces.

National Research Foundation Act 23 of 1998

1	Definitions

'president' means the person appointed as the chief executive officer of the Foundation under section 10;

2	Establishment of Foundation

There is established, as from a date fixed by the President of the Republic of South Africa by proclamation in the Gazette, a juristic person to be known as the National Research Foundation.

6	Board of Foundation

(1) The Foundation acts through a board consisting of- 

	(a)	subject to subsection (2)-

	(i)	a chairperson, appointed by the Minister;

	(ii)	not fewer than nine but not more than eleven other members, appointed by the Minister, after consultation with the Minister of Education; and

	(b)	the president, by virtue of his or her office. 

(2)	(a) For the purposes of appointing the members of the Board referred to in subsection (1) (a), the Minister must appoint a panel which must compile a shortlist of candidates of no more than 20 names.

	(b) The panel must compile the shortlist after following a transparent and competitive nomination process.

	(c) The members of the Board referred to in subsection (1) (a) must be appointed by the Minister after consultation with the relevant committees of the National Assembly and the National Council of Provinces and after consideration of the shortlist of candidates.

10	President of Foundation

(1) The Board must appoint a chief executive officer for the Foundation, who will also be the president of the Foundation. The appointment must be made after following a transparent and competitive nomination process.

(2) The president must report to the Board on those affairs which the Board may require. 

(3) The president must be appointed or reappointed for such period, but not exceeding five years, and subject to such conditions, including conditions relating to the payment of remuneration and allowances, as the Board may, subject to section 13 (2), determine. 
	
(4)	(a) Whenever the president is absent or unable to carry out his or her duties, or whenever there is a vacancy in the office of the president, the Board may appoint any person in the service of the Foundation to act as president. 

	(b) The acting president has all the powers and performs all the duties of the president.

18	Audit, annual report and financial report

(1) The Auditor-General must audit the financial statements of the Foundation. 

(2) The Foundation must- 

	(a)	furnish to the Minister the information which he or she may require in connection with the activities and financial position of the Foundation; and

	(b)	submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require. 

(3) The Minister must table the annual report in Parliament within 14 days after the receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its following ordinary session.

National Small Business Act 102 of 1996

2	Minister's power to facilitate and establish Advisory Body

	The Minister must, within a reasonable time, facilitate a process aimed at the establishment of an Advisory Body to represent and promote the interests of small business as contemplated in the National Strategy for the Development and Promotion of Small Business in South Africa referred to in the definition of National Small Business Support Strategy in section 1.

9	Establishment of Ntsika Enterprise Promotion Agency

(1) The Ntsika Enterprise Promotion Agency is hereby established as a juristic person.
13.	Constitution of Agency.—Subject to this Act and the National Small Business Support Strategy, the constitution of the Agency must, among others, provide for—

19	Reports

(1)	(a) As soon as practicable after the end of every financial year the Advisory Body and the Agency must each compile a report on their respective activities during that year.

(b) These reports, the respective constitutions, as well as the respective audited annual financial statements, must be submitted to the Minister, who must table them in Parliament.

(4) The Director-General must submit the Annual Review of Small Business to the Minister before the end of June of each year and the Minister must table it in Parliament.

National Student Financial Aid Scheme Act 56 of 1999

3	Establishment of National Student Financial Aid Scheme

(1) The National Student Financial Aid Scheme (NSFAS) is hereby established as a juristic person.

(2) The NSFAS is managed, governed and administered by the NSFAS board.

16	Annual report

(1) The board must, within three months after the end of each financial year, submit a report to the Minister which must at least include a financial statement on the performance of its functions during the preceding financial year.

(2) The Minister must table copies of the report in Parliament as soon as is reasonably practicable.

National Veld and Forest Fire Act 101 of 1998

21	Procedure for making regulations

(3) The Minister must table the regulations in Parliament together with any written comments and advice received on them pursuant to subsection (1)-

	(a)	within 30 days after publishing them in terms of subsection (2); or
	(b)	if Parliament is not then in session, within 30 days after the next session starts.

(4) Parliament may reject the regulations within 60 days after they have been tabled.

(5) If Parliament rejects any regulations, the Minister must-

	(a)	repeal them; or

	(b)	table amended regulations in draft form in Parliament,

within 60 days of the rejection or if Parliament is not then in session, within 60 days after the next session starts, failing which the regulations become invalid.

(6) If the Minister elects to amend regulations which have been rejected, he or she-

	(a)	need not follow the procedure set out in subsection (1);

	(b)	must consult the chairpersons of the Council and of the Board referred to in subsection (1) (c),

before the amended regulations are tabled.

(7) If Parliament-

	(a)	accepts the amended regulations, the Minister must publish them within 30 days of Parliament's acceptance;

	(b)	rejects the amended regulations, subsections (5), (6) and this subsection apply.

(8) If the Minister complies with subsection (5) (b), the regulations as originally published continue to apply until amended regulations are accepted by Parliament and published by the Minister in terms of subsection (2).

National Water Act 36 of 1998

67	Dispensing with certain requirements of Act 

(1) In an emergency situation, or in cases of extreme urgency involving the safety of humans or property or the protection of a water resource or the environment, the Minister may- 

	(a)	dispense with the requirements of this Act relating to prior publication or to obtaining and considering public comment before any instrument contemplated in section 158 (1) is made or issued; 

	(b)	dispense with notice periods or time limits required by or under this Act; 

	(c)	authorise a water management institution to dispense with- 

	(i)	the requirements of this Act relating to prior publication or to obtaining and considering public comment before any instrument is made or issued; and

	(ii)	notice periods or time limits required by or under this Act. 

(2) Anything done under subsection (1)- 

	(a)	must be withdrawn or repealed within a maximum period of two years after the emergency situation or the urgency ceases to exist; and

	(b)	must be mentioned in the Minister's annual report to Parliament.

70	Consideration of regulations

(1) The Minister must, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces for consideration. 

(2) In considering regulations-

	(a)	tabled in the National Assembly, a committee of the National Assembly must consider and report to the National Assembly; and

	(b)	tabled in the National Council of Provinces, a committee of the National Council of Provinces must consider and report to the National Council of Provinces, 

whether the regulations-

	(i)	are consistent with the purposes of this Act;

	(ii)	are within the powers conferred by this Act;

	(iii)	are consistent with the Constitution; and

	(iv)	require clarification.

(3) The National Council of Provinces may reject regulations tabled before the National Council of Provinces in terms of subsection (1) within 14 days after the date on which the regulations were so tabled, and should the National Council of Provinces reject any regulation, the rejection must be referred to the National Assembly for consideration. 

(4) The National Assembly may, not later than the twentieth sitting day of the National Assembly after the date on which the regulations were tabled and after considering any rejection of a regulation by the National Council of Provinces, reject those regulations. 

(5) If the National Assembly or the National Council of Provinces rejects any regulations, it must state its reasons. 

71	Rejected regulations

(1) The Minister must, within 30 days after being informed in writing that the National Assembly has rejected any regulations, repeal or amend those regulations so as to address the matters raised by the National Assembly. 

(2) Any regulations rejected by the National Assembly remain in force until repealed or amended.

102	Establishment of bodies to implement international agreements 

The Minister may, in consultation with the Cabinet, by notice in the Gazette, establish a body to implement any international agreement entered into by the South African Government and a foreign government relating to-

	(a)	investigating, managing, monitoring and protecting water resources; 

	(b)	regional co-operation on water resources; 

	(c)	acquiring, constructing, altering, operating or maintaining a waterwork; or

	(d)	the allocation, use and supply of water.

106	Reports on performance of functions

(1) Unless the international agreement provides otherwise, a body must report on the performance of its functions within three months after the end of its financial year.

(4) The Director-General must send a copy of the report to the Secretary to Parliament.

Schedule 4 Management and Planning of Water Management Institutions

33	Annual report

(1) An institution must, in respect of each financial year, prepare an annual report containing-

	(a)	a report of its operations during the financial year; 

	(b)	financial statements for the financial year; and

	(c)	a copy of each directive given to it during that year by the Minister.

(7) The institution must- 

	(a)	if it is a catchment management agency, table its annual report in Parliament; or

	(b)	if it is a water user association, send a copy of its annual report to the Secretary to Parliament.

National Youth Commission Act 19 of 1996

4	Constitution of Commission

(1) Subject to subsection (2), the membership of the Commission consists of five full-time members who, taking into account the objects enunciated in section 3, are-

	(a)	fit for such appointment on account of any qualification, knowledge or experience relating to the functions of the Commission; and

	(b)	appointed by the President on the advice of a committee of Parliament constituted in terms of the rules of Parliament, according to the following principles, namely-

	(i)	participation by the public in the nomination process; 

	(ii)	transparency and openness; and 

	(iii)	the publication of a shortlist of candidates for appointment.

8	Powers, duties and functions of Commission

(1) In addition to any other duties or functions assigned or entrusted to it by this Act or any other law- 

	(a)	the Commission shall-

			…

(xii)	evaluate any Act of Parliament or any other law in force at the commencement of this Act or any law proposed by Parliament or any other legislature after the commencement of this Act, affecting or likely to affect the implementation of the integrated national youth policy and make recommendations to Parliament or such other legislature with regard thereto;

(xiii)	recommend to Parliament or any other legislature the adoption of new legislation which would promote the implementation of an integrated national youth policy;

(xv)	prepare and publish reports to Parliament pertaining to any convention, covenant or charter relating to the objects of the Commission;

12	Reports

(1) The Commission shall report to the President at least once every year on its activities, and the President shall cause such report to be tabled promptly in the National Assembly and the Senate.

Natural Scientific Professions Act 27 of 2003

2	Establishment of South African Council for Natural Scientific Professions 

There is hereby established a juristic person to be known as the South African Council for Natural Scientific Professions.

16	Reports to Department 

(1) The Council must, within six months from the close of each financial year, provide the Minister with an annual report regarding its activities during that financial year for tabling in Parliament.

(2) A copy of the report referred to in subsection (1) and the register referred to in section 11 (c) must be open for inspection at the offices of the Council.

Nonprofit Organisations Act 71 of 1997

4	Establishment of Directorate for Nonprofit Organisations

The Minister must establish within the national department a Directorate for Nonprofit Organisations.

7	Reports of Directorate

Within six months after the end of each financial year, the Minister must table a written narrative and financial report on the activities of the Directorate for the previous financial year in Parliament.

11	Benefits of registration

The Minister may prescribe benefits or allowances applicable to registered nonprofit organisations, after consultation with the committees of the two Houses of  Parliament responsible for welfare and with the concurrence of every Minister whose department is affected by a particular benefit or allowance.

Non-Proliferation of Weapons of Mass Destruction Act 87 of 1993

4	Establishment of South African Council for Non-Proliferation of Weapons of Mass Destruction

(1) There is hereby established a Council to be known as the South African Council for the Non-Proliferation of Weapons of Mass Destruction.

25	Annual report by Council

(1) The Council shall annually submit to the Minister a report on its functions in terms of this Act.

(2) The report referred to in subsection (1) shall be laid upon the Table in Parliament by the Minister as soon as possible after receipt thereof.

27	Entering into and ratification of conventions, treaties and agreements

(1) The State President may, by proclamation in the Gazette, add to this Act any Schedule in which the provisions of an international convention, treaty or agreement with regard to non-proliferation entered into or ratified by the Government of the Republic, are included.

(2)	(a) The State President may, by proclamation in the Gazette, amend the Schedule- 

	(i)	to give effect to any amendment of or addition to a convention, treaty or agreement referred to in subsection (1) which may be made from time to time and which has been ratified by the Government of the Republic;

	(ii)	by the substitution for any convention, treaty or agreement appearing therein of a new convention, treaty or agreement entered into or ratified by the Government of the Republic under subsection (1).

(4) The Minister shall lay a copy of every proclamation issued under subsection (1) or (2) upon the Table in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Nuclear Energy Act 46 of 1999

3	Establishment of South African Nuclear Energy Corporation, Limited

(1) There is hereby established a nuclear energy corporation for the Republic which will be a juristic person.

12	Judicial management and liquidation

Despite the provisions of any other law, the Corporation may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

Occupational Diseases in Mines and Works Act 78 of 1973

3	Appointment of director, medical officers and other staff of bureau

(1) The Minister shall appoint, subject to the laws governing the public service-

	(a)	a Director of the Medical Bureau for Occupational Diseases, who shall be a medical practitioner and who shall exercise the powers and perform the functions conferred upon or assigned to him or her by this Act or by the Minister under this Act;

8	Annual report by director

As soon as may be after the close of each financial year the director shall furnish the Minister with a report on the activities of the bureau, the certification committee and the reviewing authority.

54	Appointment of commissioner and staff

The Minister shall appoint, subject to the laws governing the public service-

	(a)	an officer to be styled the Compensation Commissioner for Occupational Diseases, who shall exercise the powers and perform the functions conferred upon or assigned to him or her by this Act or by the Minister under this Act;

77	Records and annual report of commissioner

(1) The commissioner shall compile such statistical records as may be necessary to enable him or her to carry out his duties under this Act, and such other records as he or she may deem necessary or as the Minister may direct.

(2) As soon as may be after the close of each financial year the commissioner shall furnish the Minister with a report on his activities which shall contain all the necessary information in connection with the compensation fund.

122	Minister to table annual reports

The Minister shall lay copies of any annual report furnished to him or her under section 8 or 77 upon the Table in the Senate and in the House of Assembly within fourteen days after its receipt, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Organised Local Government Act 52 of 1997

3	Designation of representatives to participate in National Council of Provinces

(1) Each provincial organisation may nominate not more than six members of municipal councils in writing for designation as representatives to participate in the proceedings of the National Council of Provinces.

(2)	(a) The national organisation must in accordance with criteria determined by it, when necessary, designate not more than 10 persons from the nominees contemplated in subsection (1) as representatives to participate in the proceedings of the National Council of Provinces.

	(b) The national organisation may assign the duty to so designate representatives to the head of its administration.

(3) Every designation made in terms of subsection (2) must be communicated to the Secretary of the National Council of Provinces by the head of the administration of the national organisation.

(4) Such communication must be in writing, which may include electronically transmitted print, and must indicate the period or purpose for which the designation is made.

(5) Whenever a vacancy occurs in the number of persons contemplated in subsection (1), the provincial organisation concerned may nominate another person in writing to fill the vacancy.

Overvaal Resorts Limited Act 127 of 1993

4	Share capital of company

(1) The share capital of the company shall be R60 000 000, divided into 60 000 000 shares, each with a nominal value of one rand.

(2) The share capital of the company may from time to time and with the approval of the Minister be increased by the issue of additional shares with a nominal value of one rand each.

(3)	(a) Notwithstanding the provisions of sections 66 and 344 (d) of the Companies Act and subject to the provisions of paragraph (b), the State shall be the holder of the shares in the company.

	(b) The Minister may, with the concurrence of the Minister of Finance and the approval by resolution of Parliament, sell or otherwise alienate to any person shares which are held by the State: Provided that a requirement that the total shareholding of foreign shareholders shall not exceed 20% of the issued share capital of the company shall be incorporated in the memorandum and articles of association of the company.

Pan South African Language Board Act 59 of 1995

2	Establishment of Board

(1) There is hereby established a board to be known as the Pan South African Language Board. 

(2) The Board shall be a juristic person and shall be represented by the chairperson or deputy chairperson or any of its members designated by the Board in general or for a specific purpose.

10B	Accounting and auditing

(4) The Board shall, within 30 days after receipt of the auditor's report, submit its audited financial statements and the auditor's report to the Minister, who shall lay it on the table in the National Assembly within 14 days after receipt, if the National Assembly is then sitting or, if it is not sitting then, within 14 days after the beginning of its next sitting.

12	Reports

(1)	(a) The Board shall make public its reports, findings, points of view, advice or recommendations by means of publication in the Gazette on a quarterly basis or such other shorter period as the Board deems fit, and in the case of provincial language matters, also in the Provincial Gazette. 

	(b) Without detracting from section 10B and subsection (3) of this section, the Board shall-

	(i)	furnish to the Minister such information as he or she may at any time require in connection with any of the Board's activities or its finances; and

	(ii)	submit a report on a quarterly basis to Parliament or a provincial legislature, as the case may be.

(2) The Board's reports shall be taken into account by Parliament, legislatures and executive bodies at all levels of government, and by all organs of state, other institutions, persons and bodies of persons. 

(3) The Board shall annually not later than the first day of June submit to- 

	(a)	Parliament a comprehensive report on all its activities during the preceding year, up to 31 March; and 

	(b)	a provincial legislature a comprehensive report on all its activities in respect of provincial language matters regarding that province.

(4) Within five months after the report has been tabled, a delegation consisting of the chairperson of the board and at least two other board members must brief the Portfolio Committee on the annual report.

Pension Funds Act 24 of 1954

30B	Establishment of Office of Pension Funds Adjudicator

(1) There is hereby established an office which shall be known as the Office of the Pension Funds Adjudicator. 

(2) The functions of the Office shall be performed by the Pension Funds Adjudicator.

30X	Liquidation 

(1) The Office of the Adjudicator shall not be placed in liquidation except by Act of Parliament. 

(2) In the event of the liquidation of the Office, the surplus assets of the Office (if any) shall accrue to the State.

Perishable Products Exports Control Act 9 of 1983

2	Continued existence of Perishable Products Export Control Board

The Perishable Products Export Control Board, established in terms of the Perishable Products Export Control Act, 1926 (Act 53 of 1926), shall, notwithstanding the repeal of that Act by this Act, continue to exist and to be a juristic person.

16	Reports by board

(1) The board shall within six months after the end of each financial year (which shall end on 31 December) furnish the Minister and all registered exporters with a report in respect of its activities during that financial year.

(2) Every report referred to in subsection (1) shall be accompanied by a balance sheet, audited as provided by section 18 (10), and a full statement, so audited, of the board's income and expenditure in respect of that financial year.

(3) The Minister shall lay every report, balance sheet and statement of income and expenditure furnished in terms of this section upon the Table of the House of Assembly within 30 days after receipt thereof, if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within 30 days after the commencement of its next ensuing ordinary session.

Post Office Act 44 of 1958

1	Definitions

	'department' means the Department of Communications;

'Director-General' means the officer occupying the post with that designation on the fixed establishment of the department,

2	Administration and control of the department

	(1) The administration, control and management of the department shall, subject to the authority of the Minister, be vested in an officer to be styled the Director-General.

	(2) The Director-General shall have the supervision and control of all persons in the service of the department and all offices or workplaces of the department and all services and activities which the department may render or undertake, and may issue such instructions as he may deem necessary for the conduct and guidance of officers of the department in carrying out the provisions of this Act.

3	Incorporation of successor companies
(1) On a date or dates preceding the postal transfer date or the telecommunications transfer date, as the case may be, the Minister shall effect the incorporation in terms of the Companies Act of two public companies, namely, a postal company to conduct a postal service and a telecommunications company to conduct a telecommunications service, which companies shall bear names approved by the Minister, and the issue to each company of a certificate to commence business.
12V	Submission of statements
The Minister shall within three months after the end of the financial year of each successor company lay upon the Table in Parliament the audited annual financial statements of the company, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.
120A	Annual reports
As soon as is practicable after 31 March of each year, the Director- General shall frame a report upon the activities of the department during the year which ended on that date, and every report framed in terms of this section shall be sent to the Minister and shall be laid upon the Table in the Senate and in the House of Assembly within fourteen days after receipt thereof, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.

Prevention and Combating of Corrupt Activities Act 12 of 2004

1	Definitions

‘National Director’ means the National Director of Public Prosecutions appointed in terms of section 179 (1) of the Constitution.

34	Duty to report corrupt transactions 

(1) Any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed- 

	(a)	an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2; or 

	(b)	the offence of theft, fraud, extortion, forgery or uttering a forged document, 

involving an amount of R100 000 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.

(2) Subject to the provisions of section 37 (2), any person who fails to comply with subsection (1), is guilty of an offence.

(3)	(a) Upon receipt of a report referred to in subsection (1), the police official concerned must take down the report in the manner directed by the National Commissioner, and forthwith provide the person who made the report with an acknowledgment of receipt of such report.

	(b) The National Commissioner must within three months of the commencement of this Act publish the directions contemplated in paragraph (a) in the Gazette.

	(c) Any direction issued under paragraph (b), must be tabled in Parliament before publication thereof in the Gazette.

(4) For purposes of subsection (1) the following persons hold a position of authority, namely- 

	(a)	the Director-General or head, or equivalent officer, of a national or provincial department; 

	(b)	in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998); 

	(c)	any public officer in the Senior Management Service of a public body; 

	(d)	any head, rector or principal of a tertiary institution; 

	(e)	the manager, secretary or a director of a company as defined in the Companies  Act, 1973 (Act 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act 69 of 1984); 

	(f)	the executive manager of any bank or other financial institution; 

	(g)	any partner in a partnership; 

	(h)	any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means; 

	(i)	any other person who is responsible for the overall management and control of the business of an employer; or 

	(j)	any person contemplated in paragraphs (a) to (i), who has been appointed in an acting or temporary capacity.

Prevention and Treatment of Drug Dependency Act 20 of 1992

2	Establishment and functions of Central Drug Authority

(1) There is hereby established a body to be known as the Central Drug Authority, which may exercise the powers and shall perform the duties conferred or imposed upon the Drug Authority by or in terms of this Act.

(2) The members of the Drug Authority shall be appointed by the Minister and shall consist of-

	(a)	an officer of the Department of Welfare nominated by that Department with the concurrence of the Minister;

	(b)	an officer of the Department of Justice nominated by that Department;

	(c)	a member of the South African Police Service nominated by the South African Police Service;

	(d)	an officer of the Department of Health nominated by that Department;

	(e)	an officer of the Department of Education nominated by that Department;

	(f)	an officer of the Department of Home Affairs nominated by that Department;

	(g)	an officer of the Department of Foreign Affairs nominated by that Department;

	(h)	an officer of the Department of Trade and Industry nominated by that Department;

	(i)	a person in the service of the South African Revenue Service nominated by the South African Revenue Service;

	(j)	an officer of the Department of Correctional Services nominated by that Department;

	(k)	an officer of the Department of Labour nominated by that Department;

	(l)	a member of the Secretariat for Safety and Security nominated by that Secretariat;

(m)	a representative of the National Youth Commission nominated by that Commission;

(n)	a representative of the Medicines Control Council nominated by that Council;
	
(o)	not more than 12 other members, who shall be persons who have special knowledge of or experience in the problem relating to the abuse of drugs or who are able to make a substantial contribution to the combating of such problem.

(3) The members contemplated in subsection (2) (o) shall be appointed only after-

	(a)	the Minister has through the media and by notice in the Gazette invited nominations of persons as members of the Drug Authority; and

	(b)	the parliamentary committees for welfare of the National Assembly and the National Council of Provinces have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated.

(11)	(a) The Drug Authority shall annually, not later than the first day of June, submit to the Minister a report on all its functions as well as a comprehensive description of the national effort to reduce and eliminate the abuse of drugs during the previous year.

	(b) The report referred to in paragraph (a) shall be laid upon the table in Parliament within 14 days after it is submitted to the Minister, if Parliament is then sitting, or, if Parliament is not then sitting, within 14 days after its next sitting day.

Prevention of Organised Crime Act 121 of 1998

65	Establishment of Committee

(1) There is hereby established a Committee to be known as the Criminal Assets Recovery Committee.

68	Objects of Committee

The objects of the Committee shall be-

(a) 	to advise Cabinet in connection with all aspects of forfeiture of property to the State in terms of Chapter 6 and the transfer of forfeited property to the Account in terms of any other Act;

	(b) 	to advise Cabinet in connection with the rendering of financial assistance to law enforcement agencies in order to combat organised crime, money laundering, criminal gang activities and crime in general; and	

(c)	to advise Cabinet in connection with the rendering of financial assistance to any other institution, organisation or fund established with the object to render assistance in any manner to victims of crime.

69A	Utilisation of Account and accountability

(1) The property and money allocated to, or standing to the credit of, the Account may be utilised by Cabinet, after considering the recommendations of the Committee, for-

	(a)	the allocation of property and amounts of money from the Account to specific law enforcement agencies;

	(b)	the allocation of property and amounts of money from the Account to any institution, organisation or fund contemplated in section 68 (c); and

	(c)	the administration of the Account.

(3)	(a) Whenever Cabinet allocates property or money under subsection (1) to a specific law enforcement agency or to an institution, organisation or fund contemplated in section 68 (c)-

	(i)	Cabinet shall indicate the specific purpose for which that property or money is to be utilised; and

	(ii)	the Minister shall forthwith cause all particulars of such allocation to be tabled in Parliament.

77	Regulations

(1) The Minister may make regulations-

	(a) 	with regard to the fees referred to in section 28 (3) (c);

	(d) 	to prescribe from time to time the maximum allowable costs for legal services provided in connection with an application for a preservation of property order or forfeiture order or the defending of a criminal charge which may be met out of property that is subject to a preservation of property order;

	(e) 	providing for any matter which is required or permitted to be or may be prescribed under any provision of this Act; and

	(f) 	providing for any matter which he or she may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Act.

(5) Any regulation made under this section shall, before publication thereof in the Gazette, be submitted to Parliament.

Private Security Industry Regulation Act 56 of 2001

2	Establishment of Private Security Industry Regulatory Authority

(1) A juristic person to be known as the Private Security Industry Regulatory Authority, is hereby established.

6	Establishment and constitution of Council and appointment of councillors

The Council for the Authority is hereby established and consists of the following councillors: …

10	Accountability of Council

(1) The Council is accountable to the Minister for the performance of its functions and must- 

	(a)	supply the Minister with such information and particulars as the Minister may in writing require in connection with the functions of the Authority or any other matter relating to the Authority; 

	(b)	as soon as may be reasonably practicable after the end of each financial year, but in any event within three months of the end of the financial year, supply the Minister with a copy of- 

	(i)	the annual report on the activities of the Authority and the Council; and 

	(ii)	the audited financial statements contemplated in section 18 (1) , including any notes to the financial statements and the audit opinion of a duly appointed auditor contemplated in section 18 (2); and 

	(c)	table a copy of the annual report contemplated in paragraph (b) (i) in Parliament and present such further reports to Parliament as Parliament may request.

Promotion of Access to Information Act 2 of 2000

79	Procedure

(1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must within 12 months after the commencement of this section, make and implement rules of procedure for-

	(a)	a court in respect of applications in terms of section 78; and

	(b)	a court to receive representations ex parte referred to in section 80 (3) (a).

(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

83	Additional functions of Human Rights Commission

(1) The Human Rights Commission must-

	(a)	compile and make available a guide on how to use this Act as contemplated in section 10; and

	(b)	submit reports to the National Assembly as contemplated in section 84.

84	Report to National Assembly by Human Rights Commission

The Human Rights Commission must include in its annual report to the National Assembly referred to in section 181 (5) of the Constitution-

	(a)	any recommendation in terms of section 83 (3) (a); and

	(b)	in relation to each public body, particulars of-

	(i)	the number of requests for access received;

	(ii)	the number of requests for access granted in full;

	(iii)	the number of requests for access granted in terms of section 46;

	(iv)	the number of requests for access refused in full and refused partially and the number of times each provision of this Act was relied on to refuse access in full or partially;

	(v)	the number of cases in which the periods stipulated in section 25 (1) were extended in terms of section 26 (1);

	(vi)	the number of internal appeals lodged with the relevant authority and the number of cases in which, as a result of an internal appeal, access was given to a record or a part thereof;

	(vii)	the number of internal appeals which were lodged on the ground that a request for access was regarded as having been refused in terms of section 27;

	(viii)	the number of applications made to every court and the outcome thereof and the number of decisions of every court appealed against and the outcome thereof;

	(ix)	the number of applications to every court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77 (7);

	(x)	the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act and the nature and outcome thereof; and

	(xi)	such other matters as may be prescribed.

87	Extended periods for dealing with requests during first two years

(1) For-

	(a)	12 months from the date that Part 2 takes effect in respect of a public body, the reference to-

	(i)	30 days in section 25 (1) and any other reference to that period in other provisions of this Act;

	(ii)	30 days in section 49 (1) and any other reference to that period in other provisions of this Act, must be construed as a reference to 90 days in respect of that public body; and

	(b)	12 months following the 12 months referred to in paragraph (a), the reference to-

	(i)	30 days in section 25 (1) and any other reference to that period in other provisions of this Act;

	(ii)	30 days in section 49 (1) and any other reference to that period in other provisions of this Act, must be construed as a reference to 60 days in respect of the public body concerned.

(2) The periods of 90 days and 60 days referred to in subsection (1) (a) and (b), respectively, may not be extended in terms of section 26.

(3) Parliament must, after a period of 12 months, but within a period of 18 months, after the commencement of this section, review the operation of this section.

91A	Designation and training of presiding officers

(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.

(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses referred to in subsection (5).

(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).

92	Regulations

(2) Any regulation in terms of subsection (1) must, before publication in the Gazette, be submitted to Parliament.

Promotion of Administrative Justice Act 3 of 2000

2	Application of Act

(1) The Minister may, by notice in the Gazette-

	(a)	if it is reasonable and justifiable in the circumstances, exempt an administrative action or a group or class of administrative actions from the application of any of the provisions of section 3, 4 or 5; or

	(b)	in order to promote an efficient administration and if it is reasonable and justifiable in the circumstances, permit an administrator to vary any of the requirements referred to in section 3 (2), 4 (1) (a) to (e), (2) and (3) or 5 (2), in a manner specified in the notice.

(2) Any exemption or permission granted in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

3	Procedurally fair administrative action affecting any person

(1) Administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair.

(2)	(a) A fair administrative procedure depends on the circumstances of each case.

(b)	 In order to give effect to the right to procedurally fair administrative action, an administrator, subject to subsection (4), must give a person referred to in subsection (1)-

	(i)	adequate notice of the nature and purpose of the proposed administrative action;

	(ii)	a reasonable opportunity to make representations;

	(iii)	a clear statement of the administrative action;

	(iv)	adequate notice of any right of review or internal appeal, where applicable; and

	(v)	adequate notice of the right to request reasons in terms of section 5.

(3) In order to give effect to the right to procedurally fair administrative action, an administrator may, in his or her or its discretion, also give a person referred to in subsection (1) an opportunity to-

	(a)	obtain assistance and, in serious or complex cases, legal representation;

	(b)	present and dispute information and arguments; and

	(c)	appear in person.

(4)	(a) If it is reasonable and justifiable in the circumstances, an administrator may depart from any of the requirements referred to in subsection (2).

	(b) In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including-

	(i)	the objects of the empowering provision;

	(ii)	the nature and purpose of, and the need to take, the administrative action;

	(iii)	the likely effect of the administrative action;

	(iv)	the urgency of taking the administrative action or the urgency of the matter; and

	(v)	the need to promote an efficient administration and good governance.

(5) Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.

4	Administrative action affecting public

(1) In cases where an administrative action materially and adversely affects the rights of the public, an administrator, in order to give effect to the right to procedurally fair administrative action, must decide whether-

	(a)	to hold a public inquiry in terms of subsection (2);

	(b)	to follow a notice and comment procedure in terms of subsection (3);

	(c)	to follow the procedures in both subsections (2) and (3);

	(d)	where the administrator is empowered by any empowering provision to follow a procedure which is fair but different, to follow that procedure; or

	(e)	to follow another appropriate procedure which gives effect to section 3.

(2) If an administrator decides to hold a public inquiry-

	(a)	the administrator must conduct the public inquiry or appoint a suitably qualified person or panel of persons to do so; and

	(b)	the administrator or the person or panel referred to in paragraph (a) must-

	(i)	determine the procedure for the public inquiry, which must-

	(aa)	include a public hearing; and

	(bb)	comply with the procedures to be followed in connection with public inquiries, as prescribed;

	(ii)	conduct the inquiry in accordance with that procedure;

	(iii)	compile a written report on the inquiry and give reasons for any administrative action taken or recommended; and

	(iv)	as soon as possible thereafter-

	(aa)	publish in English and in at least one of the other official languages in the Gazette or relevant provincial Gazette a notice containing a concise summary of any report and the particulars of the places and times at which the report may be inspected and copied; and

	(bb)	convey by such other means of communication which the administrator considers effective, the information referred to in item (a) to the public concerned.

(3) If an administrator decides to follow a notice and comment procedure, the administrator must-

	(a)	take appropriate steps to communicate the administrative action to those likely to be materially and adversely affected by it and call for comments from them;

	(b)	consider any comments received;

	(c)	decide whether or not to take the administrative action, with or without changes; and

	(d)	comply with the procedures to be followed in connection with notice and comment procedures, as prescribed.

(4)	(a) If it is reasonable and justifiable in the circumstances, an administrator may depart from the requirements referred to in subsections (1) (a) to (e), (2) and (3).

	(b) In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including-

	(i)	the objects of the empowering provision;

	(ii)	the nature and purpose of, and the need to take, the administrative action;

	(iii)	the likely effect of the administrative action;

	(iv)	the urgency of taking the administrative action or the urgency of the matter; and

	(v)	the need to promote an efficient administration and good governance. 

5	Reasons for administrative action

(1) Any person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for the action may, within 90 days after the date on which that person became aware of the action or might reasonably have been expected to have become aware of the action, request that the administrator concerned furnish written reasons for the action.

(2) The administrator to whom the request is made must, within 90 days after receiving the request, give that person adequate reasons in writing for the administrative action.

(3) If an administrator fails to furnish adequate reasons for an administrative action it must, subject to subsection (4) and in the absence of proof to the contrary, be presumed in any proceedings for judicial review that the administrative action was taken without good reason.

(4)	(a) An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and must forthwith inform the person making the request of such departure.

	(b) In determining whether a departure as contemplated in paragraph (a) is reasonable and justifiable, an administrator must take into account all relevant factors, including-

(i)	the objects of the empowering provision;

(ii)	the nature, purpose and likely effect of the administrative action concerned;

(iii)	the nature and the extent of the departure;

(iv)	the relation between the departure and its purpose;

(v)	the importance of the purpose of the departure; and

(vi)	the need to promote an efficient administration and good governance.

(5) Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.

(6)	(a) In order to promote an efficient administration, the Minister may, at the request of an administrator, by notice in the Gazette publish a list specifying any administrative action or a group or class of administrative actions in respect of which the administrator concerned will automatically furnish reasons to a person whose rights are adversely affected by such actions, without such person having to request reasons in terms of this section.

	(b) The Minister must, within 14 days after the receipt of a request referred to in paragraph (a) and at the cost of the relevant administrator, publish such list, as contemplated in that paragraph.

9A	Designation and training of presiding officers

(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.

(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).

(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).

10	Regulations

(1) The Minister must make regulations relating to-

	(a)	the procedures to be followed by designated administrators or in relation to classes of administrative action in order to promote the right to procedural fairness;

	(b)	the procedures to be followed in connection with public inquiries;

	(c)	the procedures to be followed in connection with notice and comment procedures;

	(d)	the procedures to be followed in connection with requests for reasons; and

	(e)	a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.

(2) The Minister may make regulations relating to-

	(a)	the establishment, duties and powers of an advisory council to monitor the application of this Act and to advise the Minister on-

	(i)	the appropriateness of publishing uniform rules and standards which must be complied with in the taking of administrative actions, including the compilation and maintenance of registers containing the text of rules and standards used by organs of state;

	(ii)	any improvements that might be made in respect of internal complaints procedures, internal administrative appeals and the judicial review by courts or tribunals of administrative action;

	(iii)	the appropriateness of establishing independent and impartial tribunals, in addition to the courts, to review administrative action and of specialised administrative tribunals, including a tribunal with general jurisdiction over all organs of state or a number of organs of state, to hear and determine appeals against administrative action;

	(iv)	the appropriateness of requiring administrators, from time to time, to consider the continuance of standards administered by them and of prescribing measures for the automatic lapsing of rules and standards;

	(v)	programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

	(vi)	any other improvements aimed at ensuring that administrative action conforms with the right to administrative justice;

	(vii)	any steps which may lead to the achievement of the objects of this Act; and

	(viii)	any other matter in respect of which the Minister requests advice;

	(b)	the compilation and publication of protocols for the drafting of rules and standards;

	(c)	the initiation, conducting and co-ordination of programmes for educating the public and the members and employees of administrators regarding the contents of this Act and the provisions of the Constitution relating to administrative action;

	(d)	matters required or permitted by this Act to be prescribed; and

	(e)	matters necessary or convenient to be prescribed in order to-

	(i)	achieve the objects of this Act; or

	(ii)	subject to subsection (3), give effect to any advice or recommendations by the advisory council referred to in paragraph (a).

(3) This section may not be construed as empowering the Minister to make regulations, without prior consultation with the Public Service Commission, regarding any matter which may be regulated by the Public Service Commission under the Constitution or any other law.

(4) Any regulation-

	(a)	made under subsections (1) (a), (b), (c) and (d) and (2) (c), (d) and (e) must, before publication in the Gazette, be submitted to Parliament; and

	(b)	made under subsection (1) (e) and (2) (a) and (b) must, before publication in the Gazette, be approved by Parliament.

(5) Any regulation made under subsections (1) and (2) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

30	Regulations

	(1) The Minister may, and where required in the circumstances, must, make regulations relating to-  …

(2) Any regulation made under this section which may result in expenditure for the State must be made in consultation with the Minister of Finance.

(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months.

(4)	(a) Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.

	(b) If Parliament is not in session as contemplated in paragraph (a), the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.

(5) The regulations made in terms of this section, and particularly subsection (1) (a) relating to the procedure at an inquiry, must, as far as possible, ensure that the application of the Act is simple, fair and affordable.

31	Implementation of Act

(4) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with a view to building a dedicated and experienced pool of trained and specialised presiding officers, for purposes of presiding in court proceedings as contemplated in this Act, by providing-

	(a)	social context training for presiding officers; and

	(b)	uniform norms, standards and procedures to be observed by presiding officers in the performance of their functions and duties and in the exercise of their powers.

(5) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (4).

(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (4) and (5).

Promotion of Local Government Affairs Act 91 of 1983

2	Establishment of Council for the Co-ordination of Local Government Affairs

There is hereby established a council, to be called the Council for the Co-ordination of Local Government Affairs, which shall exercise the powers and perform the functions entrusted or assigned to it in terms of this Act.

7	Annual report on activities of co-ordinating council

(1) The Director-General shall as soon as is practicable after 31 December of each year frame a report on the activities of the co-ordinating council during the year which ended on that date, and every report framed in terms of this section shall be sent to the Minister and shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days of the commencement of its next ensuing ordinary session.

(2) Such annual report shall contain a summary of all recommendations submitted by the co-ordinating council to the Government during the year in question.

17B	Additional rights, powers, functions, duties and obligations of management bodies

(1) An Administrator may from time to time by notice in the Official Gazette concerned invest and charge management bodies generally or any particular management body specified in the notice, in respect of its area of jurisdiction, with any right, power, function, duty or obligation which by or under any law has been or may be assigned to any local authority within whose area of jurisdiction such a management body is situated.

(3) A notice under subsection (1) may, in addition-

	(b)	provide that a provision of any law creating, describing or determining any such right, power, function, duty or obligation shall be deemed to be amended in a manner specified in the notice in so far as that right, power, function, duty or obligation is exercised, performed or fulfilled by the management body;

(7)	(a) A notice issued in terms of subsection (1) which provides that any law shall be deemed to be amended in a manner determined in subsection (3) (b), shall be Tabled in Parliament by the Minister within 14 days after the date thereof if Parliament is then in session or, if Parliament is then not in session, within 14 days after its ensuing session.

	(b) If Parliament disapproves of any such notice or of any provision in any such notice, such notice or such provision thereof shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such notice or of such provision thereof up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such notice or such provision thereof.

Promotion of  National Unity and Reconciliation Act 34 of 1995 

1	Definitions

(1) In this Act, unless the context otherwise indicates-

'joint committee' means a joint committee of the Houses of Parliament appointed in accordance with the Standing Orders of Parliament for the purpose of considering matters referred to it in terms of this Act;

2	Establishment and seat of Truth and Reconciliation Commission

(1) There is hereby established a juristic person to be known as the Truth and Reconciliation Commission. 

(2) The seat of the Commission shall be determined by the President.

4	Functions of Commission

The functions of the Commission shall be to achieve its objectives, and to that end the Commission shall-

	(f)	make recommendations to the President with regard to- 

	(i)	the policy which should be followed or measures which should be taken with regard to the granting of reparation to victims or the taking of other measures aimed at rehabilitating and restoring the human and civil dignity of victims; 

	(ii)	measures which should be taken to grant urgent interim reparation to victims;

7	Constitution of Commission

(3) The President shall make the appointment of the commissioners known by proclamation in the Gazette.

(7) The President may remove a commissioner from office on the grounds of misbehaviour, incapacity or incompetence, as determined by the joint committee and upon receipt of an address from the National Assembly and an address from the Senate.

9	Conditions of service, remuneration, allowances and other benefits of staff of Commission

(1) The persons appointed or employed by the Commission who are not officials of the State, shall receive such remuneration, allowances and other employment benefits and shall be appointed or employed on such terms and conditions and for such periods as the Commission with the approval of the Minister, granted in concurrence with the Minister of Finance, may determine. 

(2)	(a) A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (1), shall be tabled in Parliament within 14 days after each such determination. 

	(b) If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.

27	Parliament to consider recommendations with regard to reparation of victims

(1) The recommendations referred to in section 4 (f) (i) shall be considered by the President with a view to making recommendations to Parliament and making regulations.

(2) The recommendations referred to in subsection (1) shall be considered by the joint committee and the decisions of the said joint committee shall, when approved by Parliament, be implemented by the President by making regulations. 

(3) The regulations referred to in subsection (2)-

		(a)	shall- 

	(i)	determine the basis and conditions upon which reparation shall be granted; 

	(ii)	determine the authority responsible for the application of the regulations; and 

		(b)	may- 

	(i)	provide for the revision and, in appropriate cases, the discontinuance or reduction of any reparation; 

	(ii)	prohibit the cession, assignment or attachment of any reparation in terms of the regulations, or the right to any such reparation; 

	(iii)	determine that any reparation received in terms of the regulations shall not form part of the estate of the recipient should such estate be sequestrated; and 

	(iv)	provide for any other matter which the President may deem fit to prescribe  in order to ensure an efficient application of the regulations.

(4) The joint committee may also advise the President in respect of measures that should be taken to grant urgent interim reparation to victims.

35	Limited witness protection programme

(1) The Minister shall, in consultation with the Commission, promote the establishment of a witness protection programme in order to provide for the protection and safety of witnesses in any manner when necessary.

(2) The witness protection programme contemplated in subsection (1) shall be prescribed by the President as soon as possible after the date referred to in section 7 (3).

(3) The regulations providing for a witness protection programme shall-

	(a)	provide for, among others, the appointment of a private person or the secondment of an official or employee of any department of State in terms of the Public Service Act, 1994 (Proclamation 103 of 1994), to act as the witness protector; and

	(b)	be Tabled in Parliament for approval.

(4)	(a) Until such time as the witness protection programme has been established the President may, in consultation with the Minister and the Commission, prescribe interim measures to be followed in order to provide for the protection and the safety of a witness: Provided that the provisions of section 185 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in the absence of such interim measures.

	(b) The interim measures contemplated in paragraph (a) shall be Tabled in Parliament for approval.

44	Publication of final report of Commission

The President shall, in such manner as he or she may deem fit, bring the final report of the Commission to the notice of the Nation, among others, by laying such report, within two months after having received it, upon the Table in Parliament.

45	(2) The Commission shall submit to Parliament half-yearly financial reports: Provided that the Commission may, at any time, submit a financial report to Parliament on specific or general matters if-

(a)	it deems it necessary; 

	(b)	it deems it in the public interest; 

	(c)	it requires the urgent attention of, or an intervention by, Parliament; 

	(d)	it is requested to do so by the Speaker of the National Assembly or the President of the Senate.

Protected Disclosures Act 26 of 2000

10	Regulations

(1) The Minister may, after consultation with the Minister for the Public Service and Administration, by notice in the Gazette make regulations regarding-

	(a)	for the purposes of section 8 (1), matters which, in addition to the legislative provisions pertaining to such functionaries, may in the ordinary course be referred to the Public Protector or the Auditor-General, as the case may be;

	(b)	any administrative or procedural matter necessary to give effect to the provisions of this Act; and

	(c)	any other matter which is required or permitted by this Act to be prescribed. 

	(3) Any regulation made in terms of this section must be submitted to Parliament before publication thereof in the Gazette. 

(4)	(a) The Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employees who wish to report or otherwise remedy an impropriety. 

	(b) The guidelines referred to in paragraph (a) must be approved by Parliament before publication in the Gazette.

Provincial Tax Regulation Process Act 53 of 2001

3	Introduction of provincial tax

(1) If a province intends to impose a new provincial tax, the MEC for Finance in the province must submit particulars of the proposed provincial tax to the Minister.

(2) The submission contemplated in subsection (1) must, unless the Minister has by notice in the Gazette granted an exemption-

	(b)	give particulars on the proposed provincial tax's compliance with section 228 (2) (a) of the Constitution;

(7) If, despite the submission contemplated in subsection (2) (b), the Minister, after having considered the comments of the Commission and having consulted with the Budget Council, has, on reasonable grounds, reservations about the constitutionality of the proposed provincial tax, the Minister must-

	(a)	notify the MEC for Finance concerned in writing of those reservations and refer the proposed provincial tax back for its reconsideration; and

	(b) submit a report on the matter to the Budget Council and both Houses of Parliament.

Public Accountants’ and Auditors’ Act 80 of 1991

2	Continued existence of Public Accountants' and Auditors' Board 

	(1) The Public Accountants' and Auditors' Board established by section 2 of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951), shall, notwithstanding the repeal of that Act by this Act, continue to exist and to be a juristic person.

9	Reports to Minister 

(1) The board shall in each year, within six months after the close of its financial year, submit to the Minister a report on its affairs and functions during that financial year, which shall, inter alia, include the following, namely-

	(a)	a copy of the audited statement of income and expenditure and the balance sheet referred to in section 11 (3) in respect of that financial year; and

	(b)	a list of persons on the register of accountants and auditors on the last day of that financial year.

(5) The Minister shall lay copies of every report submitted to him in terms of subsection (1), together with the annexures thereto, upon the Table in Parliament within 14 days after receipt thereof if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Public Finance Management Act 1 of 1999

1	Definitions

'main division within a vote' means one of the main segments into which a vote is divided and which-

	(a)	specifies the total amount which is appropriated for the items under that segment; and

	(b)	is approved by Parliament or a provincial legislature, as may be appropriate, as part of the vote;

'vote' means one of the main segments into which an appropriation Act is divided and which-

	(a)	specifies the total amount which is usually appropriated per department in an appropriation Act; and

	(b)	is separately approved by Parliament or a provincial legislature, as may be appropriate, before it approves the relevant draft appropriation Act as such.

3	Institutions to which this Act applies

(1) This Act, to the extent indicated in the Act, applies to-

	(a)	departments;

	(b)	public entities listed in Schedule 2 or 3;

	(c)	constitutional institutions; and

	(d)	Parliament and the provincial legislatures, subject to subsection (2).

(2) To the extent that a provision of this Act applies to-

	(a)	Parliament, any controlling and supervisory functions of the National Treasury in terms of that provision are performed by the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, acting jointly; and

	(b)	a provincial legislature, any controlling and supervisory functions of the National Treasury and a provincial treasury in terms of that provision are performed by the Speaker of the provincial legislature.

8	Annual consolidated financial statements

(1) The National Treasury must-

	(a)	prepare consolidated financial statements in accordance with generally recognised accounting practice for each financial year in respect of-

	(i)	national departments;

	(ii)	public entities under the ownership control of the national executive;

	(iii)	constitutional institutions; 

	(iv)	the South African Reserve Bank; 

	(v)	the Auditor-General; and

	(vi)	Parliament; and

	(b)	submit those statements for audit to the Auditor-General within three months after the end of that financial year.

(3) The Minister must submit the consolidated financial statements and the audit report on those statements within one month of receiving the report from the Auditor-General, to Parliament for tabling in both Houses.

(5) If the Minister fails to submit the consolidated financial statements and the Auditor-General's audit report on those statements to Parliament within seven months after the end of the financial year to which those statements relate-

	(a)	the Minister must submit to Parliament a written explanation setting out the reasons why they were not submitted; and

14	Withdrawal of exclusions

(1) The National Treasury may withdraw, from a date determined by it, any exclusion granted to a national department, a constitutional institution or a national public entity in terms of section 13 (1), either with regard to all money or with regard to money of a specific kind received by that department, constitutional institution or public entity, if- 

(a)	the exclusion is not reasonable within the context of section 213 of the Constitution; or

(b)	the National Treasury regards the withdrawal of the exclusion to be necessary for transparency or more effective and accountable financial management.

(4) The Minister must promptly inform Parliament of any withdrawal of an exclusion in terms of subsection (1).

16	Use of funds in emergency situations

(1) The Minister may authorise the use of funds from the National Revenue Fund  to defray expenditure of an exceptional nature which is currently not provided for and which cannot, without serious prejudice to the public interest, be postponed to a future parliamentary appropriation of funds.

(4) An amount authorised in terms of subsection (1) must-

	(a)	be reported to Parliament and the Auditor-General within 14 days, or if the funds are authorised for the deployment of the security services, within a period determined by the President; and

	(b)	be attributed to a vote.

(5) A report to Parliament in terms of subsection (4) (a) must be submitted to the National Assembly for tabling in the Assembly and made public.

(6) Expenditure in terms of subsection (1) must be included either in the next adjustments budget for the financial year in which the expenditure is authorised or in other appropriation legislation tabled in the National Assembly within 120 days of the Minister authorising the expenditure, whichever is the sooner.

22	Deposits into Provincial Revenue Funds

(1) All money received by a provincial government, including the province's equitable share, and grants made to it, in terms of the annual Division of Revenue Act, must be paid into the province's Provincial Revenue Fund, except money received by- 

	(a)	the provincial legislature in the province; 

	(b)	a provincial public entity in the province;

	(c)	the provincial government from donor agencies which in terms of legislation or the agreement with the donor, must be paid to the Reconstruction and Development Programme Fund; 

	(d)	a provincial department in the province- 

	(i)	operating a trading entity, if the money is received in the ordinary course of operating the trading entity;

	(ii)	in trust for a specific person or category of persons or for a specific purpose; 

	(iii)	from another department to render an agency service on behalf of that department; 

	(iv)	in terms of the annual Division of Revenue Act, if the money is exempted by that Act from payment into the Revenue Fund; or

	(v)	if the money is of a kind described in Schedule 4. 

(2) The exclusion in subsection (1) (b) does not apply to a provincial public entity in the province which is not listed in Schedule 3 but which, in terms of section 47, is required to be listed.

23	Withdrawal of exclusions from Provincial Revenue Funds

(1) The National Treasury, after having consulted the relevant provincial treasury, may withdraw, from a date determined by it, any exclusion granted to a provincial department or provincial public entity in terms of section 22 (1), either with regard to all money or with regard to money of a specific kind received by that department or public entity, if- …

(4) The Minister must promptly inform Parliament of any withdrawal of an exclusion in terms of subsection (1).

26	Annual appropriations

Parliament and each provincial legislature must appropriate money for each financial year for the requirements of the state and the province, respectively.

27	National annual budgets

(1) The Minister must table the annual budget for a financial year in the National Assembly before the start of that financial year or, in exceptional circumstances, on a date as soon as possible after the start of that financial year, as the Minister may determine.

(4) When the annual budget is introduced in the National Assembly or a provincial legislature, the accounting officer for each department must submit to Parliament or the provincial legislature, as may be appropriate, measurable objectives for each main division within the department's vote. The relevant treasury may co-ordinate these submissions and consolidate them in one document.

28	Multi-year budget projections

(1) The Minister and the MEC for finance in a province must annually table in the National Assembly and in that province's provincial legislature, respectively, a multi-year budget projection of-

	(a)	the estimated revenue expected to be raised during each year of the multi-year period; and

	(b)	the estimated expenditure expected to be incurred per vote during each year of the multi-year period, differentiating between capital and current expenditure.

(2) A multi-year budget projection tabled by the Minister must contain the Minister's key macro-economic projections.

30	National adjustments budgets

(1) The Minister may table an adjustments budget in the National Assembly as and when necessary.

35	Unfunded mandates

Draft national legislation that assigns an additional function or power to, or imposes any other obligation on, a provincial government, must, in a memorandum that must be introduced in Parliament with that legislation, give a projection of the financial implications of that function, power or obligation to the province.

40	Accounting officers' reporting responsibilities

(1) The accounting officer for a department, trading entity or constitutional institution-

	(d)	must submit within five months of the end of a financial year to the relevant treasury and, in the case of a department or trading entity, also to the executive authority responsible for that department or trading entity-

	(i)	an annual report on the activities of that department, trading entity or constitutional institution during that financial year; 

	(ii)	the financial statements for that financial year after those statements have been audited; and

	(iii)	the Auditor-General's report on those statements;

(e)	must, in the case of a constitutional institution, submit to Parliament that institution's annual report and financial statements referred to in paragraph (d), and the Auditor-General's report on those statements, within one month after the accounting officer received the Auditor-General's audit report; and

	(f)	is responsible for the submission by the department or constitutional institution of all reports, returns, notices and other information to Parliament, the relevant provincial legislature, an executive authority, the relevant treasury or the Auditor-General, as may be required by this Act.

55	Annual report and financial statements

(1) The accounting authority for a public entity-

	(d)	must submit within five months of the end of a financial year to the relevant treasury, to the executive authority responsible for that public entity and, if the Auditor-General did not perform the audit of the financial statements, to the Auditor-General-

	(i)	an annual report on the activities of that public entity during that financial year;

	(ii)	the financial statements for that financial year after the statements have been audited; and

		(iii)	the report of the auditors on those statements.

(3) An accounting authority must submit the report and statements referred to in subsection (1) (d), for tabling in Parliament or the provincial legislature, to the relevant executive authority through the accounting officer of a department designated by the executive authority.

58	Appointment of auditors

(1) The annual financial statements of a public entity must be audited annually by-

	(a)	the Auditor-General; or

	(b)	a person registered in terms of section 15 of the Public Accountants' and Auditors' Act, 1991 (Act 80 of 1991), as an accountant and auditor, and engaged in public practice as such.

(2) A public entity may appoint, as its auditor, a person referred to in subsection (1) (b) only if the audit is not performed by the Auditor-General.

59	Discharge of auditors

(1) An auditor appointed by a public entity in terms of section 58 (1) (b) may not be discharged before the expiry of that auditor's term of appointment except by the executive authority responsible for that public entity acting-

	(a)	after consultation with the accounting authority for that public entity; and

	(b)	with the concurrence of the Auditor-General.

(3) The Auditor-General must report any discharge of an auditor in terms of this section to Parliament.

62	Duties and powers of Auditor-General

(1) The Auditor-General may-

	(a)	investigate any public entity or audit the financial statements of any public entity if the Auditor-General is not appointed as auditor and the Auditor-General considers it to be in the public interest or upon the receipt of a complaint; and

	(b)	recover the cost of the investigation or audit from the public entity.

(2) An investigation or audit in terms of section (1) may be carried out either by the Auditor-General or a person appointed by the Auditor-General.

(3) The executive authority responsible for a public entity in respect of which the Auditor-General has issued a special report in terms of subsection (1) or (2), must promptly table the report in the National Assembly or the relevant provincial legislature, as may be appropriate.

65	Tabling in legislatures

(1) The executive authority responsible for a department or public entity must table in the National Assembly or a provincial legislature, as may be appropriate-

	(a)	the annual report and financial statements referred to in section 40 (1) (d) or 55 (1) (d) and the audit report on those statements, within one month after the accounting officer for the department or the accounting authority for the public entity received the audit report; and

	(b)	the findings of a disciplinary board, and any sanctions imposed by such a board, which heard a case of financial misconduct against an accounting officer or accounting authority in terms of section 81 or 83.

(2) If an executive authority fails to table, in accordance with subsection (1) (a), the annual report and financial statements of the department or the public entity, and the audit report on those statements, in the relevant legislature within six months after the end of the financial year to which those statements relate-

	(a)	the executive authority must table a written explanation in the legislature setting out the reasons why they were not tabled; and

	(b)	the Auditor-General may issue a special report on the delay.

66	Restrictions on borrowing, guarantees and other commitments

(2) A government may only through the following persons borrow money, or issue a guarantee, indemnity or security, or enter into any other transaction that binds or may bind a Revenue Fund to any future financial commitment:

	(a)	The National Revenue Fund: The Minister or, in the case of the issue of a guarantee, indemnity or security, the responsible Cabinet member acting with the concurrence of the Minister in terms of section 70.

	(b)	A Provincial Revenue Fund: The MEC for finance in the province, acting in accordance with the Borrowing Powers of Provincial Governments Act, 1996.

70	Guarantees, indemnities and securities by Cabinet members

(1) A Cabinet member, with the written concurrence of the Minister (given either specifically in each case or generally with regard to a category of cases and subject to any conditions approved by the Minister), may issue a guarantee, indemnity or security …

(4) The responsible Cabinet member must at least annually report the circumstances relating to any payments under a guarantee, indemnity or security issued in terms of subsection (1) (a) or (b), to the National Assembly for tabling in the National Assembly.

71	Purposes for which Minister may borrow money

The Minister may borrow money in terms of section 66 (2) (a) for the following purposes only:

(f)	any other purpose approved by the National Assembly by special resolution.

81	Financial misconduct by officials in departments and constitutional institutions

(1) An accounting officer for a department or a constitutional institution commits an act of financial misconduct if that accounting officer willfully or negligently-

	(a)	fails to comply with a requirement of section 38, 39, 40, 41 or 42; or

	(b)	makes or permits an unauthorised expenditure, an irregular expenditure or a fruitless and wasteful expenditure.

(2) An official of a department, a trading entity or a constitutional institution to whom a power or duty is assigned in terms of section 44 commits an act of financial misconduct if that official willfully or negligently fails to exercise that power or perform that duty.

83	Financial misconduct by accounting authorities and officials of public entities

(1) The accounting authority for a public entity commits an act of financial misconduct if that accounting authority willfully or negligently-

	(a)	fails to comply with a requirement of section 50, 51, 52, 53, 54 or 55; or

	(b)	makes or permits an irregular expenditure or a fruitless and wasteful expenditure. 

(2) If the accounting authority is a board or other body consisting of members, every member is individually and severally liable for any financial misconduct of the accounting authority. 

(3) An official of a public entity to whom a power or duty is assigned in terms of section 56 commits an act of financial misconduct if that official willfully or negligently fails to exercise that power or perform that duty. 

(4) Financial misconduct is a ground for dismissal or suspension of, or other sanction against, a member or person referred to in subsection (2) or (3) despite any other legislation.

Public Funding of Represented Political Parties Act 103 of 1997

1	Definitions

'the Commission' means the Electoral Commission established by section 3 (1) of the Electoral Commission Act, 1996 (Act 51 of 1996);

2	Establishment of Represented Political Parties' Fund

(1) The Represented Political Parties' Fund is hereby established for the purpose of funding, as provided hereafter, political parties that participate in Parliament and provincial legislatures. 

8	Commission to report to Parliament on Fund

(1) As soon as possible after the end of each financial year, the Commission must have- 

	(a)	a report prepared regarding its management and administration of the Fund during that financial year; 

	(b)	financial statements prepared in relation to the Fund, showing- 

	(i)	the amounts received by and accrued to the Fund during that financial year; 

	(ii)	the allocations made from the Fund to the respective political parties during that year; 

	(iii)	the amounts spent during that year by each political party in connection with purposes classifiable under the generally descriptive categories as prescribed from time to time; and

	(iv)	the balance of the Fund and any amounts owing to or by the Fund as at the end of that year. 

(2) The Commission must submit that report, those statements and the Commission's books and records of account relating to the Fund to the Auditor-General for auditing. 

(3) Within 30 days after receipt of the Auditor-General's report, the Commission must submit that report to Parliament together with the audited financial statements of the Fund and the audited Commission's report.

10	Regulations 

(1) The President, acting on the recommendation of a joint committee of the National Assembly and the National Council of Provinces, may by proclamation in the Gazette make regulations consistent with this Act- 

	(a)	about any matter which, in terms of this Act, may or must be prescribed; 

	(b)	with a view to determining any purposes which, in the application of section 5 (1), are not compatible with the functioning of a political party in a modern democracy; 

	(c)	prescribing the information and particulars to be furnished to the Commission by political parties with a view to ensuring proper and effective application and administration of and compliance with this Act; 

	(d)	prescribing the procedure according to which and manner in which payments from the Fund are to be made; and

	(e)	prescribing any form that may be required in connection with any matter mentioned in paragraph (c) or (d). 

(2) The first regulations made in terms of this section will be regarded and treated as having commenced on the day on which this Act comes into operation.

Public Investment Commissioners Act 45 of 1984

2	Public Investment Commissioners

(1) There shall be not less than three Public Investment Commissioners, who shall exercise the powers and perform the duties conferred or imposed upon the commissioners by this Act or any other law.

10	Bookkeeping and auditing

The commissioners shall-

	(b)	as soon as possible but not later than three months after the end of a financial year-

	(i)	cause in respect of the financial year in question financial statements to be compiled in such form as the commissioners may, after consultation with the Auditor-General, determine;

	(ii)	transmit those statements to the Auditor-General for investigation, examination and auditing.

11	Annual report

(1) The Commissioners shall within six months after the end of a financial year compile a report regarding their functions during that financial year.

(2) The financial statements referred to in section 10 (b) (i) and the report referred to in subsection (1) of this section, shall be laid upon the Table of Parliament by the Minister within 14 days after it became available, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Public Protector Act 23 of 1994
1	Definitions

	'committee' means a committee referred to in section 2 (1);

2	Remuneration, vacancies in office and other terms and conditions of employment of Public Protector

(1) The National Assembly shall refer to a committee of the National Assembly the-

	(a)	nomination of a person in terms of section 193 (5) (a) of the Constitution to be appointed as Public Protector;

	(b)	nomination of a person in terms of section 2A (3) to be appointed as Deputy Public Protector;

	(c)	consideration in terms of section 194 (1) (b) and (3) (a) of the Constitution of the removal from office of the Public Protector;

	(d)	consideration in terms of section 2A (9) (b) and (11) (a) (ii) of the removal from office of the Deputy Public Protector; and

	(e)	consideration of any other matter that can be referred to such a committee in terms of the Constitution or this Act.

(2) The remuneration and other terms and conditions of employment of the Public Protector shall from time to time be determined by the National Assembly upon the advice of the committee: Provided that such remuneration-

	(a)	shall not be less than that of a judge of a High Court; and 

	(b)	shall not be reduced, nor shall the terms and conditions of employment be adversely altered, during his or her term of office.

(3) The National Assembly or, if Parliament is not in session, the committee may allow a Public Protector to vacate his or her office-

	(a)	on account of continued ill-health; or 

	(b)	at his or her request: Provided that such request shall be addressed to the National Assembly or the committee, as the case may be, at least three calendar months prior to the date on which he or she wishes to vacate such office, unless the National Assembly or the committee, as the case may be, allows a shorter period in a specific case.

(4) If the committee allows a Public Protector to vacate his or her office in terms of subsection (3), the chairperson of the committee shall communicate that fact by message to the National Assembly: Provided that any decision taken by the committee in terms of this subsection must be ratified by the National Assembly.

(5) The Public Protector may, at any time, approach the committee with regard to any matter pertaining to the office of the Public Protector.

2A	Appointment, remuneration and other terms and conditions of employment, 	vacancies in office and removal from office of Deputy Public Protector

(1) The President, on the recommendation of the National Assembly, shall appoint a person as Deputy Public Protector for such period as the President may determine at the time of such appointment, but not exceeding seven years.

(2) The Deputy Public Protector may at the end of his or her term of office be reappointed in terms of subsection (1) for one additional term.

(3) The National Assembly shall recommend a person-

	(a)	nominated by the committee; and

	(b)	approved by the National Assembly by a resolution adopted with a supporting vote of a majority of the members of the National Assembly.

…

(5) The remuneration and other terms and conditions of employment of the Deputy Public Protector shall from time to time be determined by the National Assembly upon the advice of the committee.

…

(9) The Deputy Public Protector amy be removed from office only on-

	(a)	the ground of misconduct, incapacity or incompetence; 

	(b)	a finding to that effect by the committee; and

	(c)	the adoption by the National Assembly of a resolution calling for his or her removal from office.

(10) A resolution of the National Assembly concerning the removal from office of the Deputy Public Protector must be adopted with a supporting vote of a majority of the members of the National Assembly.

(11)	(a) The President may suspend the Deputy Public Protector from office at any time after any complaint relating to the grounds referred to in subsection (9) against him or her has been received by the National Assembly, if the President deems the complaint against the Deputy Public Protector to be of such a serious nature as to make it inappropriate for him or her to perform his or her functions while the complaint is being investigated.

	(b) The President may suspend the Deputy Public Protector in terms of paragraph (a) on such terms and conditions as the President may determine, including the suspension of the payment of his or her remuneration or the suspension of any other term or condition of his or her employment.

(12) The President shall remove the Deputy Public Protector from office upon adoption by the National Assembly of the resolution calling for his or her removal.

3	Staff of Public Protector

(11)	(a) A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector in terms of this section, shall be tabled in the National Assembly within 14 days after such determination. 

	(b) If the National Assembly disapproves of any determination such determination shall cease to be of force to the extent to which it is so disapproved.

	(c) If a determination ceases to be of force as contemplated in paragraph (b)- 

	(i)	anything done in terms of such determination up to the date on which such determination ceases to be of force shall be deemed to have been done validly; and

	(ii)	any right, privilege, obligation or liability acquired, accrued or incurred up to the said date under and by virtue of such determination, shall lapse upon the said date.

7	Investigation by Public Protector

(11) The Public Protector may make rules in respect of any matter referred to in this section which has a bearing on an investigation or in  respect of any matter incidental thereto, provided that such rules must be published in the Government Gazette and tabled in the National Assembly.

8	Publication of findings

(2)	(a) The Public Protector shall report in writing on the activities of his or her office to the National Assembly at least once every year: Provided that any report shall also be tabled in the National Council of Provinces. 

	(b) The Public Protector shall, at any time, submit a report to the National Assembly on the findings of a particular investigation if-

	(i)	he or she deems it necessary;

	(ii)	he or she deems it in the public interest; 

	(iii)	it requires the urgent attention of, or an intervention by, the National Assembly; 

	(iv)	he or she is requested to do so by the Speaker of the National Assembly; or 

	(v)	he or she is requested to do so by the Chairperson of the National Council of Provinces.

(2A)	(a) Any report issued by the Public Protector shall be open to the public, unless the Public Protector is of the opinion that exceptional circumstances require that the report be kept confidential. 

	(b) If the Public Protector is of the opinion that exceptional circumstances require that a report be kept confidential, the committee must be furnished with the reasons therefor and, if the committee concurs, such report shall be dealt with as a confidential document in terms of the rules of Parliament.

Public Service Act 1994 (Proclamation 103 published in Government Gazette 15791 of 3 June 1994)
	
4	South African Management and Development Institute and Training Fund

(3) Notwithstanding the substitution of section 3 (5) (a) (iii) by the Public Service Laws Amendment Act, 1997, the Training Fund established under the said section shall continue to exist, and the Fund shall consist of- 

	(a)	all moneys which immediately prior to the commencement of the said Act were moneys of the Fund; 

	(b)	such moneys as may from time to time be appropriated by Parliament with a view to promoting training under this Act; 

	(c)	any other moneys accruing to the Fund in terms of this Act or from any other source.

16	Retirement and retention of services

(1)	(a) Subject to the provisions of this section, an officer, other than a member of the services or an educator or a member of the Agency or the Service, shall have the right to retire from the public service, and shall be so retired, on the date when he or she attains the age of 65 years: Provided that a person who is an employee on the day immediately before the commencement of the Public Service Amendment Act, 1996, has the right to retire on reaching the retirement age or prescribed retirement date provided for in any other law applicable to him or her on that day.

(7) If it is in the public interest to retain an officer, other than a member of the services or an educator or a member of the Agency or the Service, in his or her post beyond the age at which he or she is required to be retired in terms of subsection (1), he or she may, with his or her consent and with the approval of the relevant executing authority, be so retained from time to time for further periods which shall not, except with the approval of Parliament granted by resolution, exceed in the aggregate two years.

41	Regulations

(3)	(a) A regulation made under this Act shall be in force unless and until Parliament, by resolution, disapproves of the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.

	(b) The lapsing of a regulation in terms of this subsection shall not affect the validity of anything done under the regulation prior to the date mentioned in the resolution.

		(c) The provisions of this subsection shall not affect the power of the Minister to make a new regulation regarding the subject matter dealt with by a regulation that has lapsed in terms of paragraph (a).

Public Service Commission Act 46 of 1997

4	Appointment of commissioners

(1) Whenever the President is required to appoint a commissioner who has been approved by the National Assembly, the President shall address a request in writing to the Speaker of the National Assembly that a fit and proper person contemplated in section 196 (10) of the Constitution be approved of as soon as may be practicable by the National Assembly in accordance with section 196 (8) (a) of the said Act.

…

(3) Whenever necessary in terms of this Act- 

	(a)	a committee contemplated in section 196 (8) (a) (i) of the Constitution shall as soon as may be practicable be appointed in accordance with the rules and orders of the National Assembly;

	(b)	a committee contemplated in section 196 (8) (b) (i) of the Constitution shall as soon as may be practicable be appointed in accordance with the rules and orders of the provincial legislature concerned, 

and the committee shall, unless the relevant rules and orders provide otherwise, conduct its business and proceedings and make the applicable recommendation in such manner as may be determined by resolution of the National Assembly or the provincial legislature concerned, as the case may be.

Railways and Harbours Service Act 28 of 1912

86	Confirmation of payment of certain gratuities and benefits

All gratuities to persons who on the thirty-first day of May, 1910, were in the permanent employment of the Administration and whose services have been dispensed with prior to the commencement of this Act owing to a reduction in or re-organization of staff or for other good cause, are hereby confirmed and approved: Provided that all such gratuities shall have been duly authorized by the Administration before being paid or awarded: Provided further that returns of all payments under this section shall be laid upon the Tables of both Houses of Parliament within fourteen days after the commencement of the next ensuing session.

88	Regulations

(1) The Administration may, subject to the approval of the Minister, make regulations, not inconsistent with this Act, with respect to all or any of the following matters: …

(2) Copies of all such regulations shall be laid upon the Tables of both Houses of Parliament within fourteen days after the publication thereof in the Gazette if Parliament be then in session or, if Parliament be not then in session, within fourteen days after the commencement of its next ensuing session.

Recognition of Customary Marriages Act 120 of 1998

11	Regulations

(2) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

Reconstruction and Development Programme Fund Act 7 of 1994

2	Establishment of Reconstruction and Development Programme Fund

There is hereby established a fund to be known as the Reconstruction and Development Programme Fund, which may be credited with-

(a)	money appropriated by Parliament for the fund;

8B	Report to Parliament

The Minister shall at least once a year report to Parliament on the utilisation of the money of the fund.

Regulation of Foreign Military Assistance Act 15 of 1998

1	Definitions

'Committee' means the National Conventional Arms Control Committee as constituted by the National Executive by the decision of 18 August 1995;

6	Register of authorisations and approvals

(1) The Committee shall maintain a register of authorisations and approvals issued by the Minister in terms of sections 4 and 5.

(2) The Committee must each quarter submit reports to the National Executive, Parliament and the Parliamentary Committees on Defence with regard to the register.

Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

9	Interception of communications authorised by certain other Acts

(1) Any communication may, in the course of its occurrence or transmission, be intercepted in any prison as defined in section 1 of the Correctional Services Act, 1998 (Act 111 of 1998), if such interception takes place in the exercise of any power conferred by or under, and in accordance with, any regulations made under that Act.

(2) If any regulations referred to in subsection (1)- 

	(a)	were made prior to the fixed date, the Cabinet member responsible for correctional services must within one month after the fixed date, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within one month after the commencement of its next ensuing ordinary session, submit a copy of those regulations to Parliament; or 

	(b)	are made after the fixed date, the Cabinet member responsible for correctional services must, before the publication thereof in the Gazette, submit those regulations to Parliament.

31	Compensation payable to postal service provider, telecommunication service provider and decryption key holder

(1)	(a) The Minister, after consultation with the Cabinet members responsible for communications and national financial matters and the postal service providers or telecommunication service providers concerned, as the case may be, must by notice in the Gazette prescribe- 

	(i)	the forms of assistance in the execution of a direction for which a postal service provider, telecommunication service provider or decryption key holder must be compensated; and 

	(ii)	reasonable tariffs of compensation payable to a postal service provider, telecommunication service provider or decryption key holder for providing such prescribed forms of assistance.

(4) Any notice issued under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

41	Loss, theft or destruction of cellular phone or SIM-card to be reported

(4)	(a) The Minister must, within three months after the fixed date and in consultation with the Cabinet member responsible for policing, issue directives prescribing the- 

	(i)	form and manner in which-

	(aa)	a report contemplated in subsection (1) must be made; and 

	(bb)	records contemplated in subsection (3) must be kept; and 

	(ii)	information to be contained in such a report or record.

(b) Any directive issued under paragraph (a) may at any time in like manner be amended or withdrawn.

	(c) Any directive issued under paragraph (a) must, before the implementation thereof, be submitted to Parliament.

46	Exemptions

(1)	(a) The Minister may, upon application and in consultation with the relevant Ministers, exempt any- 

(i)	Internet service provider from complying with section 30 (4) in respect of the facilities and devices referred to in section 30 (2) (a) (ii);

(ii)	telecommunication service provider or any other person from one or all of the prohibited acts referred to in section 45 (1); or 

(iii)	law enforcement agency from the prohibited acts of possessing and purchasing referred to in section 45 (1), 

for such period and on such conditions as the Minister determines.

(3)	(a) An exemption under subsection (1) (a) must be granted by issuing to the- 

	(i)	Internet service provider; 

	(ii)	telecommunication service provider or other person; or 

	(iii)	law enforcement agency, 

concerned, a certificate of exemption in which his or her or its name and the scope, period and conditions of the exemption are specified.

	(b) A certificate of exemption issued under paragraph (a)- 

	(i)	must be published in the Gazette; and 

	(ii)	becomes valid upon the date of such publication.

(4)	(a) The Minister must, before he or she publishes a certificate of exemption in terms of subsection (3) (b) (i), table such certificate in the National Assembly for approval.

	(b) The National Assembly may reject a certificate tabled in terms of paragraph (a) within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

	(c) If the National Assembly rejects such a certificate, the Minister may table an amended certificate in the National Assembly.

	(d) If the Minister tables an amended certificate and the National Assembly- 

	(i)	approves the amended certificate, the Minister must publish that certificate in terms of subsection (3) (b) (i) within one month of the National Assembly's approval; or 

	(ii)	rejects the amended certificate within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session, paragraph (c) and this paragraph apply.

	(e) If the National Assembly does not reject a certificate as contemplated in paragraph (b) or (d) (ii)- 

	(i)	such certificate will be deemed to have been approved by the National Assembly; and 

	(ii)	the Minister must publish that certificate in terms of subsection (3) (b) (i) within one month thereafter.

58	Supplementary directives regarding applications

	(1) A designated judge or, if there is more than one designated judge, all the designated judges jointly, may, after consultation with the respective Judges-President of the High Courts, issue directives to supplement the procedure for making applications for the issuing of directions or entry warrants in terms of this Act.

	(2) Any directive issued under subsection (1) may at any time in like manner be amended or withdrawn.

	(3) Any directive issued under subsection (1) must be submitted to Parliament.

62	Repeal of law and transitional arrangements

(6)	(a) Any person who, at the fixed date, is the owner of a cellular phone or a SIM-card must, in the manner and within the period determined by the Minister by notice in the Gazette, provide the information referred to in section 40 (1) to the person who sold, or in any other manner provided, the cellular phone or SIM-card to him or her, or to the telecommunication service provider or other person mentioned in such notice.

	(b) Different periods may be determined in terms of paragraph (a) in respect of-

(i)	owners whose surnames start with different letters of the alphabet, or whose dates of birth fall in different months; or

(ii)	categories of numbers of cellular phones or SIM-cards.

	(c) Before the Minister exercises the powers conferred on him or her by paragraph (a), he or she must consult the telecommunication service providers concerned.

	(d) Any notice issued under paragraph (a) must, before publication thereof in the Gazette, be submitted to Parliament.

Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act 32 of 2002

1	Reinstatement on roll of advocates or attorneys

	(1) Despite the provisions of the Admission of Advocates Act, 1964 (Act 74 of 1964), and the Attorneys Act, 1979 (Act 53 of 1979), the name of any deceased person who was removed from the roll of advocates or attorneys prior to 27 April 1994, may, upon application brought by a member of such deceased person's family or, after consultation with the deceased person's family, by- 

		(a)	the General Council of the Bar of South Africa;

		(b)	the Bar Council concerned;

		(c)	the Society of Advocates concerned;

		(d)	the Law Society of South Africa;

		(e)	the law society concerned; or

		(f)	any other interested person,

to any High court, be reinstated to the roll of advocates or attorneys, as the case may be, if the court is satisfied that the conduct that led to that person's name being removed from the roll in question was directly related to that person's opposition to the previous political dispensation of apartheid and to bringing about political or constitutional change in the Republic, or to assisting persons who were likewise opposed to the said apartheid dispensation.

	(2) If a High Court orders that the name of a person be reinstated as contemplated in subsection (1)- 

(a)	to the roll of advocates, the registrar of the Court must forthwith forward a certified copy of that order to the Director-General: Justice and Constitutional Development, who must enter a reference to that order opposite the name of the person in question; or 

(b)	to the roll of attorneys, the registrar of the Court must enter a reference to that order opposite the name of the person in question in the registers kept by him or her for that purpose and forward certified copies of that order to the registrars of the other High Courts and the registrars of deeds appointed in terms of the Deeds Registries Act, 1937 (Act 47 of 1937), who, in turn, must enter a reference to that order opposite the name of the person in question in the registers kept by them for that purpose.

2	Names of reinstated persons to be submitted to Parliament

The Cabinet member responsible for the administration of justice must cause the name of any person who was reinstated to the roll of advocates or attorneys in terms of section 1 to be submitted to Parliament.

Remuneration of Public Office Bearers Act 20 of 1998

2	Salary, allowances and benefits of President

(1) The President shall be paid, apart from any privilege which he or she may enjoy, such salary and allowances as may be determined from time to time by resolution of the National Assembly, after taking into consideration- 

	(a)	the recommendations of the Commission; 

	(b)	the role, status, duties, functions and responsibilities of the President; 

	(c)	the affordability of different levels of remuneration of political office bearers; 

	(d)	current principles and levels of remuneration in society generally; and

	(e)	inflationary increases.

(2) Section 8 (1) (d) of the Income Tax Act, 1962 (Act 58 of 1962), shall apply to such portion of the remuneration of the President as the National Assembly may from time to time determine by resolution, as if such portion was an allowance granted as contemplated in that section. 

(3) The National Assembly may determine different portions under subsection (2) in respect of different amounts of remuneration.

…

(5)	(a) Upon his or her retirement, the President shall be paid such pension and other pension benefits as may be determined from time to time by resolution of the National Assembly, after taking into consideration the recommendations of the Commission. 

	(b) On the President's death, such pension and other pension benefits as may from time to time be determined by resolution of the National Assembly, shall be paid to his or her widow, widower, dependant or nominee, including his or her estate, as he or she may elect. 

(6) The State shall contribute to a medical aid scheme of which the President, a former President or his or her widow or widower or dependant is a member, such an amount as may be determined by resolution of the National Assembly.

3	Salaries and allowances of members of National Assembly and permanent delegates

(5) The payment of salaries and allowances of members of the National Assembly and permanent delegates is subject to the rules and orders of the National Assembly and the National Council of Provinces, respectively. 

(6) Subject to subsection (5), the Secretary to Parliament shall pay in monthly instalments to every member of the National Assembly or every permanent delegate who has begun to perform his or her functions in terms of section 48 or 62 (6) of the Constitution, as the case may be, excluding members of the Cabinet and Deputy Ministers, the salaries and allowances to which such a member or delegate is entitled in terms of this section, the first month to be reckoned- 

	(a) 	in the case of a member of the National Assembly- 

	(i)	designated in terms of item 16 of Schedule 2 to the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), as amended by Annexure A to Schedule 6 to the Constitution, from the first polling day of the election in question;

	(ii)	nominated in terms of item 23 (1) of the said Schedule 2 to fill a vacancy, from the date on which the previous member vacated his or her seat in the National Assembly or the date of receipt of the nomination by the Speaker of the National Assembly, whichever is the later date; and

	(b) 	in the case of a permanent delegate appointed- 

	(i)	in terms of section 61 (2) (b) of the Constitution, from the first sitting day of the provincial legislature concerned after its election; or

	(ii)	in terms of section 2 (3) of the National Council of Provinces (Permanent Delegates Vacancies) Act, 1997 (Act 17 of 1997), from the date of his or her appointment.

Restitution of Land Rights Act 22 of 1994

4	Establishment of Commission on Restitution of Land Rights

(1) There is hereby established a commission to be known as the Commission on Restitution of Land Rights.

21	Annual report

The Commission shall annually not later than the first day of June submit to Parliament a report on all its activities during the previous year, up to 31 March.

22	Land Claims Court

(1) There shall be a court of law to be known as the Land Claims Court …

26	Remuneration and conditions of employment of judges

(1) The President and a judge of the Court not being a judge of a High Court, shall receive such remuneration and shall, subject to section 22 (5), be appointed subject to such conditions of employment as determined by the President of the Republic in consultation with the Judicial Service Commission, and his or her remuneration shall not be reduced during his or her term of service.

(3) An allowance included in the remuneration determined in terms of subsection (1) shall not be taxable, unless Parliament expressly provides otherwise.

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(3) Any arrangement identified by the Minister in terms of section 76A of the Income Tax Act 58 of 1962 [editorial note: to be put into operation by proclamation], must be tabled in Parliament within 12 months from the date of publication of the notice for incorporation into that Act.

Road Accident Fund Act 56 of 1996

10	Board of Fund, and executive committee

(1) There shall be a Board of the Fund, constituted as follows: …

13	Annual report

(1) The Board shall publish an annual report containing-

	(a)	the audited balance sheet of the Fund together with a report by the auditor, contemplated in section 14, in respect of such audit; and

	(b)	a report on the activities of the Fund during the year to which the audit relates. 

(2) The Minister shall lay upon the Table in Parliament a copy of the annual report within 30 days after receipt thereof if Parliament is then in session, or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.
 
Road Accident Fund Commission Act 71 of 1998

2	Establishment and object of Commission

(1) A commission of inquiry to be known as the Road Accident Fund Commission is hereby established.

8	Publication of report of Commission

(1) The President must, within a period of one month from the submission of the report by the Commission, submit the report to the presiding officers of both Houses for tabling in Parliament.

Road Traffic Management Corporation Act 20 of 1999

3	Establishment of Corporation

A juristic person called the Road Traffic Management Corporation is hereby established.

6	Establishment and composition of Shareholders Committee

(1) A Shareholders Committee is hereby established.

7	Role of Shareholders Committee

(1) The Shareholders Committee is a forum through which the national, provincial and local spheres of government co-operate with each other and with other persons or bodies concerned with road traffic matters.

(2) The Shareholders Committee is responsible for directing and guiding the proper functioning of the Corporation in the public interest and for reflecting, in its decision-making procedures, the spirit of co-operation and mutual trust contemplated in section 41 (1) (h) of the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996).

8	Appointment of and delegation to board

(1) The Shareholders Committee may, subject to subsection (2), establish a board for the Corporation consisting of the chief executive officer and a maximum of eight persons appointed by that Committee.

(10) The Shareholders Committee may only appoint members of the board after-

	(b)	the Shareholders Committee has submitted a list of suitable candidates to the committees of Parliament responsible for road traffic matters;

	(c)	the committees of Parliament responsible for road traffic matters has submitted a short-list of candidates to the Shareholders Committee; and

10	Conditions and period of office of board members

(4) The Shareholders Committee may, on the same date and conditions, relieve all the appointed members of the board of their offices if-

(a)	they have failed to substantially comply with the governance agreement and the business and financial plan; and	

(b)	the Shareholders Committee has-

	(i)	in writing individually notified every appointed member of the board of the nature of such failure, and has, within seven days of the date of such notification, tabled a copy of the notification in Parliament or, if Parliament is not then in session, published a copy of the notification in the Gazette;

13	Directives

(4) The Shareholders Committee must submit a copy of a directive issued in terms of subsection (1) by it to-

	(a)	the Minister who must table it in Parliament within 14 days of the issuing of that directive or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session; and

(5) The board must submit a copy of a directive issued in terms of subsection (1) by it to the Shareholders Committee who, in turn, must submit it to-

	(a)	the Minister who must table it in Parliament within 14 days of the issuing of that directive or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session; and

14	Business and financial plan

(8) The Minister and each MEC serving on the Shareholders Committee must cause copies of the approved business and financial plan to be tabled in Parliament and every provincial legislature, as the case may be, within 14 days of receipt of that plan or, if Parliament or the provincial legislature concerned is not then in session, within 14 days after commencement of its next ensuing session.

16	Publication and reporting

(1) The Shareholders Committee must, as soon as is practicable after each meeting and by notice in the Gazette, every Provincial Gazette and the media, cause full particulars to be published of a policy decided on in terms of section 28 (1) (b) (iii).

(2) The Shareholders Committee must present to Parliament and each provincial legislature, an annual written report as referred to in section 22 (4) on its activities.

22	Annual report

(1) The chief executive officer must, at the end of each financial year, submit to the Shareholders Committee for its approval an annual report pertaining to the financial state of affairs and business of the Corporation and its functional units as at the end of that financial year, consisting of-

	(a)	a balance sheet, an income statement and a cash-flow statement which is a true and correct reflection of the state of affairs of the Corporation as at the end of that financial year;

	(b)	a report on the Corporation in terms of subsection (2);

	(c)	a report by the auditor of the Corporation, who must be registered in terms of section 15 of the Public Accountants' and Auditors' Act, 1991 (Act 80 of 1991), in accordance with subsection (3); and

	(d)	any other statement or report which the Shareholders Committee may reasonably require.

(4) A copy of the annual report must, after its approval by the Shareholders Committee, be submitted to the Minister and every MEC who must table it in Parliament and every provincial legislature, as the case may be, within 14 days of receipt of that report, or, if Parliament or a provincial legislature is not then in session, within 14 days after the commencement of its next ensuing session.

36	Joint equity venture

(1) The Corporation may, subject to subsections (2) and (3), conclude an agreement to establish a project company, in which it may be a shareholder together with any individual or private entity or Government of any other state, with the business object of operating or providing road traffic facilities and services, subject thereto that no finance is provided by the exchequer to such joint venture other than for the purposes of taking an equity share.

(3) The Minister and every MEC must annually report to Parliament and the provincial legislatures, as the case may be, on the feasibility of incrementally reducing public shareholding in a company formed in terms of subsection (1).

48	Regulations

(1) The Minister may, after consultation with the Shareholders Committee, make regulations relating to-

	(a)	any matter which may or must be prescribed in terms of this Act;

	(b)	subject to subsection (2), any monies that may be charged by the Corporation or that accrue to the Corporation in terms of this Act; and

	(c)	any matter which is necessary to prescribe in order to achieve the objectives of this Act.

(4) A regulation-

	(b)	must be tabled in Parliament by the Minister within 14 days of its publication as contemplated in paragraph (a) or, if Parliament is not then in session, at the commencement of its next ensuing session; and

Rules Board for Courts  of Law Act 107 of 1985

2	Establishment of Rules Board for Courts of Law

There is hereby established a board called the Rules Board for Courts of Law and having the powers and duties conferred or imposed upon it by this Act or any other law.

6	Powers of Board

(3) Rules made under any provision of a law repealed by this Act and in force at the commencement of this Act, shall, subject to the provisions of this Act and notwithstanding the repeal of that provision by section 10 or 11 of this Act, remain in force until amended or repealed under this section.

(4) No new rule or amendment or repeal of a rule shall commence unless it was published in the Gazette at least one month before the day upon which such rule, amendment or repeal is determined to commence.

(5) Every rule and every amendment or repeal thereof shall within 14 days after it commenced be laid upon the Table in Parliament if Parliament is then in session, or if it is not then in session, within 14 days after the commencement of its next ensuing session.

Scientific Research Council Act 46 of 1988

2	Continued existence of Councils for Scientific and Industrial Research

(1) The Council for Scientific and Industrial Research established by section 2 of the Scientific Research Council Act, 1945 (Act 33 of 1945), shall, notwithstanding the repeal of the Scientific Research Council Act, 1984 (Act 82 of 1984), by this Act, continue to exist as a juristic person known as the CSIR.

7	Control over, and management of affairs of, CSIR

(1) The affairs of the CSIR shall be managed by a board, which shall determine the policy and objectives of the CSIR and shall exercise control generally over the performance of its functions, the exercise of its powers and the execution of its duties by the CSIR.

14	Auditing and annual report

	(1) The Auditor-General shall audit the accounts and balance sheet of the CSIR.

(2)	(a) The Board shall furnish to the Minister such information as he may call for from time to time in connection with the activities and financial position of the CSIR, and shall in addition submit to the Minister an annual report, including a balance sheet and a statement of income and expenditure certified by the Auditor-General, an estimate of expenditure in respect of the following financial year, and such other particulars as the Minister may require.

	(b) The Minister shall lay the said report on the Table in Parliament within 14 days after the receipt thereof, if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Sea Shore Act 21 of 1935

6	Approval of National Assembly

(1) Any alienation, letting or permission with regard to the sea-shore or the sea which is not authorized elsewhere in this Act or in any other law, may only take place with the approval, by resolution, of the National Assembly.

(2) If an alienation, letting or permission in terms of subsection (1) is proposed with regard to any portion of the sea-shore or the sea situated within or adjoining the area of jurisdiction of a local authority, the Minister of Environmental Affairs and Tourism in the national government shall, before the proposal is submitted to the National Assembly, consult that local authority.

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(2) The provisions contained in the regulations prescribing the circumstances under which the Commissioner may settle any dispute and the reporting requirements, as contemplated in section 107B of the Income Tax Act, 1962, must be tabled in Parliament within a period of 12 months from the date that the regulations come into operation for incorporation into the Income Tax Act, 1962.

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(2) The provisions contained in the regulations prescribing the circumstances under which the Commissioner may settle any dispute and the reporting requirements, as contemplated in section 93A of the Customs and Excise Act, 1964, must be tabled in Parliament within a period of 12 months from the date that the regulations come into operation for incorporation into the Customs and Excise Act, 1964.

Secret Services Act 56 of 1978

3A	Establishment and functions of Secret Services Evaluation Committee

(1) There is hereby established a committee to be known as the Secret Services Evaluation Committee consisting of not less than three but not more than five persons appointed by the State President, of whom one shall be designated by him as the chairman, and of whom at least one shall not be a holder of office in the Executive Authority of the Republic and shall be appointed after consultation with the leaders of the opposition parties in Parliament.

Security Forces Board of Inquiry Act 95 of 1993

2	Establishment and objects of Board

(1)	(a) There is hereby established a board to be known as the Security Forces Board of Inquiry.

13	Publication of reports by State President

The State President shall within 14 days after a report has been submitted to him in accordance with the provisions of this Act, make known for public information such report, and may also table it in Parliament, except in so far as the publication thereof is prohibited by any law.

Short-term insurance Act 53 of 1998

2	Registrar of Short-term Insurance

(1) There shall be a Registrar of Short-term Insurance with the powers and duties conferred on or assigned to the Registrar by or under this Act or any other law.

5	Annual report

(1) The Registrar shall submit to the Minister a report on the Registrar's activities under this Act during each year ending 31 December, and shall furnish any additional information relating to anything done by the Registrar under this Act that the Minister may require.

(2) A copy of the report submitted to the Minister in terms of subsection (1) shall be tabled in Parliament within 30 days after receipt of the report if Parliament is then in session or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

Social Assistance Act 59 of 1992

19	Regulations

(3) If a regulation would have the effect that the total amount of grants to which a person at any time has been entitled in terms of this Act is reduced, without his or her income or assets having increased, such regulation shall not be made without the approval, by resolution, of Parliament.

South African Boxing Act 11 of 2001

4	Establishment of Boxing SA

A Boxing Commission which is a juristic person known as Boxing SA is established.

12	Chief Executive Officer of Boxing SA

(1) Boxing SA must, in consultation with the Minister and the Minister of Finance, appoint as a Chief Executive Officer of Boxing SA a person who- 

	(a)	is skilled and experienced in sport;

	(b)	has not been convicted of any offence involving dishonesty; and 

	(c)	has sufficient management experience.

15	Finances of Boxing SA

(3) The Chief Executive Officer must as soon as possible but not later than five months after the end of the financial year submit audited financial statements to the Minister for tabling in Parliament.

South African Citizenship Act 88 of 1995

5	Certificate of naturalisation

(1) The Minister may, upon application in the prescribed form, grant a certificate of naturalisation as a South African citizen to any alien who satisfies the Minister that- 

	(a)	he or she is not a minor; and

	(b)	he or she has been lawfully admitted to the Republic for permanent residence therein; and

	(c)	he or she is ordinarily resident in the Republic and that he or she has been so resident for a continuous period of not less than one year immediately preceding the date of his or her application, and that he or she has, in addition, been resident in the Republic for a further period of not less than four years during the eight years immediately preceding the date of his or her application; and

	(d)	he or she is of good character; and

	(e)	he or she intends to continue to reside in the Republic or to enter or continue in the service of the Government of the Republic or of an international organisation of which the Government of the Republic is a member or of a person or association of persons resident or established in the Republic; and

	(f)	he or she is able to communicate in any one of the official languages of the Republic to the satisfaction of the Minister; and

	(g)	he or she has an adequate knowledge of the responsibilities and privileges of South African citizenship.

(9)	(a) Notwithstanding anything to the contrary contained in subsection (1), the Minister may under exceptional circumstances grant a certificate of naturalisation as a South African citizen to an applicant who does not comply with the requirements of the said subsection (1) relating to residence or ordinary residence in the Republic.

(b) The Minister shall within 14 days after the commencement of the sittings of Parliament in each year table in Parliament the names of any persons to whom certificates of naturalisation were granted under paragraph (a) in the immediately preceding year, including the reasons for the granting of any such certificate.

South African Civil Aviation Authority Act 40 of 1998

2	Establishment of Authority

The South African Civil Aviation Authority is hereby established as a juristic person.

6	Ministerial order

(1) The Minister may after consultation with the Authority in writing issue an order in respect of aviation matters requiring the Authority to do or not to do what is mentioned in the order, if the Minister considers it necessary so to order- …

(5) The Minister must cause a copy of every order issued in terms of subsection (1) to be tabled in Parliament within 14 days of issuing of that order, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

8	Composition of Board

(1) The Authority is governed and controlled by a Board in accordance with this Act.

(2) The Board consists of-

	(a)	not more than seven members, appointed by the Minister, of whom-

	(i)	one must be the non-executive chairperson;

	(ii)	at least two must represent participants in civil aviation; and

	(iii)	at least two must have special knowledge of or experience in matters relating to the functions of the Authority; and

	(b)	the Chief Executive Officer.

(6) The members contemplated in paragraph (a) of subsection (2) must be appointed only after-

	(a)	the Minister has by notice in the Gazette and the media invited interested parties to nominate persons suitable for appointment; 

	(b)	the Minister has submitted a list of at least 15 suitable candidates to the relevant committees of Parliament, unless fewer than 15 nominations are received, in which case the Minister must submit all nominations received to the relevant committees of Parliament; and

	(c)	the relevant committees of Parliament have submitted a shortlist of at least ten candidates to the Minister after considering persons so nominated, having due  regard to the functions of the Authority and the provisions of paragraphs (c), (d) and (e) of section 9 (3).

9	Period and conditions of office

(3) An appointed member vacates his or her office immediately if he or she-

	(c)	is or becomes a political office bearer; 

	(d)	is or becomes an unrehabilitated insolvent or commits an act of insolvency; 

	(e)	is or has at any time been removed from an office of trust on account of misconduct; or

(6) The Minister may relieve the appointed members of the Board of their office if- …

	(c)	the Minister has within seven days of issuing the notification contemplated in paragraph (b) (i) tabled a copy thereof in Parliament, or, if Parliament is not then in session, has published a copy of that notification in the Gazette.

17	Annual report 

(1) The Authority must within three months of the end of each financial year submit to the Minister an annual report pertaining to the financial state of affairs and business of the Authority as at the end of the immediately preceding financial year, consisting of-

	(a)	a balance sheet, an income statement and a cash-flow statement which is a true and correct reflection of the state of affairs of the Authority as at the end of that financial year; 

	(b)	a report by the Authority in accordance with the provisions of subsection (2); 

	(c)	a report by the auditor of the Authority in accordance with the provisions of subsection (3); and

	(d)	any other statement or report which the Minister or the Minister of Finance may require.

(4) The Minister must cause copies of the financial report submitted to him or her in terms of subsection (1) to be tabled in Parliament within 14 days of receipt of that report, or, if Parliament is not then in session, within 14 days after commencement of its next ensuing session.

22	Regulations

(1) The Minister may, subject to subsection (3), make regulations after consulting with the Authority regarding-

	(a)	any matter which in terms of this Act is permitted or required to be prescribed; 

	(b)	any other matter the regulation of which may be necessary in order to achieve or promote the objects of this Act; and

	(c)	any monies that may be charged by the Authority on-

	(i)	participants in civil aviation; and

	(ii)	aircraft passengers.

(3) Any regulation-

	(a)	only comes into operation 30 days after publication in the Gazette; and

	(b)	must be tabled in Parliament by the Minister within 14 days of publication as contemplated in paragraph (a) of this subsection, or, if Parliament is not then in session, at the commencement of its next ensuing session.

South African Geographical Names Council Act 118 of 1998

2	Establishment and objects of Council

(1) There is hereby established a body to be known as the South African Geographical Names Council.

11	Annual report

(1) The Council must annually submit a report on its activities, including an assessment of the extent to which its objects have been achieved, to the Minister. 

(2) The Minister must cause the report to be tabled in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

(3) Within five months after the report has been tabled, a delegation consisting of the chairperson of the council and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report

South African Law Commission Act 19 of 1973

7	Reports of Commission

	(1) The Commission shall prepare a full report in regard to any matter investigated by it and shall submit such report together with draft legislation, if any, prepared by it, to the Minister for consideration.

	(2) The Commission shall within five months of the end of a financial year of the Department of Justice and Constitutional Development submit to the Minister a report on all its activities during that financial year.

	(3) The report referred to in subsection (2) shall be laid upon the Table in Parliament within fourteen days after it was submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

South African Maritime and Aeronautical Search and Rescue Act 44 of 2002

4	Establishment and object of South African Search and Rescue Organisation 

(1) The South African Search and Rescue Organisation is hereby established.

22	Report

(1) SASAR must furnish the Minister with a report on its activities-

	(a)	at least once a year; and 

	(b)	whenever required by the Minister.

	(2) The Minister must table a copy of SASAR's annual report in Parliament within 30 days after it has been received by him or her if Parliament is then sitting and if Parliament is not sitting, within 14 days after the start of the next sitting.

South African Maritime Safety Authority Act 5 of 1998

2	Establishment and transfer of certain functions

(1) The South African Maritime Safety Authority is hereby established as a juristic person.

41	Guarantee of borrowings

(1) The Minister of Finance may guarantee the compliance by the Authority with obligations incurred by it under section 40. 

(2) A contract under subsection (1) may include a provision- 

	(a)	agreeing that legal proceedings under the contract may be instituted in the courts of a foreign country; or

	(b)	waiving the immunity of the State from suit in the courts of a foreign country.

(3) Where the Minister of Finance guarantees such a borrowing, that Minister must cause to be tabled in Parliament within 15 sitting days after the contract is entered into, notice specifying the amount and term of the borrowing and such other information relating to the borrowing or the guarantee as that Minister considers appropriate.

South African Medical Research Council Act 58 of 1991

2	Continued existence of South African Medical Research Council

(1) The South African Medical Research Council established by section 2 of the South African Medical Research Council Act, 1969 (Act 19 of 1969), shall, notwithstanding the repeal of that Act by this Act, continue to exist as a juristic person known as the MRC.
6.	Control over, and management of affairs of, MRC.*—(1) The affairs of the MRC shall be managed and controlled by a Board, which shall, subject to the provisions of this Act, determine the policy and objectives of the MRC and exercise control generally over the performance of its functions, the exercise of its powers and the execution of its duties.
*MRC refers to the Medical Research Council

14	Accounting, auditing and annual report

(3) The Board shall furnish the Minister with such information as he may call for from time to time in connection with the activities and financial position of the MRC and shall as soon as practicable after the end of each financial year submit to the Minister an annual report on the MRC's affairs and functions in respect of that financial year, which shall, inter alia, include-

	(a)	an audited balance sheet, including any notes thereon or a document annexed thereto providing the information required by this Act;

	(b)	an audited income statement, including any similar financial statement where such form is appropriate, and including any notes thereon or a document annexed thereto providing the information required by this Act; and

	(c)	a statement of cash flow information.

(6) As soon as practicable after a report has been submitted to the Minister in terms of subsection (3), he shall table it in Parliament.

South African Police Service Act 68 of 1995

6	Appointment of National and Provincial Commissioners

(1) There shall be a National Commissioner of the Service who shall be appointed in accordance with section 216 (2) (a) of the Constitution. 

(2) There shall be a Provincial Commissioner of the Service for each province who shall be appointed by the National Commissioner subject to section 218 (1) (b) of the Constitution.

8	Loss of confidence in National or Provincial Commissioner

(1) If the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry consisting of a judge of the Supreme Court as chairperson, and two other suitable persons, to-

(a)	inquire into the circumstances that led to the loss of confidence;

(b)	compile a report; and

(c)	make recommendations.

(6)	a)  	At the conclusion of the inquiry, the board shall submit its report to- 

(i)	(aa)	the President, in the event of an inquiry under subsection (1); or 

	(bb)	the National Commissioner, the member of the Executive Council and the standing committee of the provincial legislature responsible for safety and security affairs, in the event of an inquiry under subsection (2);

	(ii)	the Commissioner concerned; and

	(iii)	the Parliamentary Committees.

(2)	(a)  If a Provincial Commissioner has lost the confidence of the Executive Council, the member of the Executive Council may notify the Minister of such occurrence and the reasons therefor. 

	(b) The Minister shall, if he or she deems it necessary and appropriate, refer the notice contemplated in paragraph (a) to the National Commissioner. 

	(c) The National Commissioner shall, upon receipt of the notice, establish a board of inquiry consisting of not more than three persons, of which the chairperson shall, subject to paragraph (d), be a person who, for at least 10 years after having qualified as an advocate or an attorney, practised as such, to- 

	(i)	inquire into the circumstances that led to the loss of confidence;

	(ii)	compile a report; and

	(iii)	make recommendations. 

	(d) The National Commissioner may appoint any other person suitably qualified in law as chairperson of the board of inquiry.

45	Retirement

(1)	(a) Subject to subsection (7), a member may retire from the Service, and shall be so retired on the date when he or she attains the age of 60 years.

(7)	(a) Notwithstanding the provisions of subsection (1) (a), a member may be retained, with his or her consent, in his or her post beyond the age of 60 years with the approval of the Minister or member of the Executive Council for further periods which shall not, except with the approval by resolution of Parliament, exceed the aggregate of five years. 

	(b) A member shall only be retained under paragraph (a) if it is- 

			(i)	reasonable; and

			(ii)	in the interest of the Service; or

			(iii)	generally in the public interest.
50.	Establishment and independence
(1)	(a)	The Independent Complaints Directorate, which shall be structured at both national and provincial levels, is hereby established.
51	Appointment of Executive Director
(1) The Minister shall nominate a suitably qualified person for appointment to the office of Executive Director to head the directorate in accordance with a procedure to be determined by the Minister in consultation with the Parliamentary Committees. 
(2) The Parliamentary Committees shall, within a period of 30 parliamentary working days of the nomination in terms of subsection (1), confirm or reject such nomination. 
(3) In the event of the nomination being confirmed-
	(a)	such person shall be appointed to the office of Executive Director subject to the laws governing the public service with effect from a date agreed upon by such person and the Minister; and
	(b)	such appointment shall be for a period not exceeding five years: Provided that such person shall be eligible for consecutive appointments in accordance with this section. 
(4) The Executive Director may be removed from his or her office under the circumstances and in the manner prescribed by the Minister in consultation with the Parliamentary Committees.

54	Reporting

The Executive Director shall- 

	(a)	within three months after the end of each financial year, submit to the Minister a written report on the activities of the directorate during that financial year, which report shall be tabled in Parliament by the Minister within 14 days after receipt thereof or, if Parliament is not then in session, within 14 days after the commencement of the next ensuing session; and 

	(b)	at any time when requested to do so by the Minister or either of the Parliamentary Committees, submit a report on the activities of the directorate to the Minister or that Committee.

South African Qualifications Authority Act 58 of 1995

3	Establishment of South African Qualifications Authority

There is hereby established a juristic person called the South African Qualifications Authority.

13	Auditing and annual report

(1) The books of account and financial statements of the Authority shall be audited at the end of each financial year by the Auditor-General. 

(2) The Authority shall not later than six months after the end of each financial year submit to the Minister a report in such form as the Minister may determine on its functions during that financial year, including an audited balance sheet and a statement of income and expenditure. 

(3) The Minister shall table copies of the report, including the balance sheet and statement of income and expenditure referred to in subsection (2), in Parliament within 14 days after the receipt thereof if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

South African Reserve Bank Act 90 of 1989

1	Definitions

'Governor' means the person appointed under section 4 or 6(1) (a) as the Governor of the Bank;

4	Board of directors

(1) The Bank shall be managed by a board of fourteen directors, consisting of-

(a)	a Governor, three Deputy Governors (of whom one shall be designated by the President of the Republic as Senior Deputy Governor) and three other directors, which Governor, Deputy Governors and other directors shall be appointed by the President of the Republic after consultation with the Minister and the Board; and 

		(b)	seven directors elected by the shareholders.

6	Casual vacancies

	(1) A casual vacancy on the Board shall be filled-

(a)	in the case of the Governor or a Deputy Governor or of a Government representative, by the appointment by the President of the Republic of another person after consultation with the Minister and the Board; and

16	Denominations, material, standard mass and standard fineness of coins

(4) The Minister shall within fourteen days after the date of publication in the Gazette of a notice issued under subsection (2), lay a copy thereof upon the Tables in Parliament, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

32	Furnishing of information to Department of Finance and to Parliament

(3) The Minister shall within fourteen days after receipt thereof lay a copy of the report referred to in section 31 and of every financial statement or list received in terms of paragraph (b) or (c) of subsection (1) upon the Tables in Parliament, if Parliament is then in ordinary session, or if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

South African Roads Board Act 74 of 1988

2	Establishment of South African Roads Board

(1) There is hereby established a board to be known as the South African Roads Board.

18	Annual report

(1) The Board shall as soon as practicable after 31 March of each year but not later than 31 December of that year submit to the Minister a report (hereinafter referred to as the annual report) giving particulars regarding the activities of the Board and of each committee during the year which has ended on the first-mentioned date.

(2) The Board shall in the annual report make specific mention of any matter in connection with which any recommendation made by the Board or a committee to the Minister during the relevant year was not acted upon.

(3) The Minister shall lay a copy of the annual report upon the Table in Parliament within thirty days after it has been received by him if Parliament is then in session, or, if Parliament is not then in session, within thirty days after the commencement of its next ensuing session.

South African Sports Commission Act 109 of 1998

3	Establishment of the South African Sports Commission

A juristic person to be known as the South African Sports Commission is established.

17	Chief Executive Officer

(1) The Minister must, after consultation with the board of the Commission and in consultation with Cabinet, appoint a suitably qualified person as Chief Executive Officer of the Commission.

23	Financial statements

(1) The end of the financial year of the Commission is 31 March of each year.

(5) The Chief Executive Officer must as soon as possible but not later than five months after the end of the financial year submit audited financial statements to the Minister for tabling by him or her in Parliament, if necessary.

27	Reporting

(1) The Commission must within five months after the end of each financial year submit a full report to the Minister on its activities during that financial year, and the Minister must table that report in Parliament.

(2) The Commission must furnish the Minister with such information in relation to its activities as the Minister may require.

South African Transport Services Conditions of Service Act 41 of 1988

8	Establishment, objectives and functions of Labour Council

(1) A Labour Council of the South African Transport Services is hereby constituted.

	(2) The objectives of the Labour Council shall be-

		(a)	the maintenance and promotion of labour peace; and

		(b)	the prevention of labour disputes.

	(3) The functions of the Labour Council in pursuance of its objectives shall be-

	(a)	collective bargaining and the conclusion of agreements as referred to in section 15 in connection with conditions of service and salaries of employees occupying grades represented by trade unions, as well as matters related thereto;

	(b)	the referral, subject to the provisions of subsection (5), to mediation, arbitration or other dispute conciliation or settlement procedure which it may deem appropriate, of any matter which was the subject of collective bargaining in terms of paragraph (a) and in respect of which it was unable to conclude an agreement as referred to in section 15; and

	(c)	the investigation of, and submission of recommendations in connection with, matters referred to in paragraph (a), including, notwithstanding the contents of subsection (4) (b), the representation of employees by particular trade unions, upon receipt of a written request from a trade union, the Minister or the South African Transport Services to do so.

(7) The Labour Council shall be responsible to the Minister for the achievement of its objectives and the exercise of its functions. The Chairman of the Labour Council shall frame annually and submit to the Minister a report on the Labour Council's activities during the previous 12 months. Every such annual report shall be laid upon the Table in Parliament by the Minister within 21 days after it has been received by the Minister, if Parliament is then in session or, if Parliament is not then in session, within 21 days after the commencement of its next ensuing session.

South African Weather Service Act 8 of 2001

2	Establishment of South African Weather Service

(1) There is hereby established a juristic person known as the South African Weather Service.

(2) The Weather Service acts through the Board.

17	Accounting authority

(1) Despite the provisions of section 49 (2) (a) of the Public Finance Management Act, 1999 (Act 1 of 1999), the Chief Executive Officer is the accounting officer of the Weather Service, and must comply with the provisions of the Public Finance Management Act, 1999.

(2) The Weather Service must-

	(a)	furnish the Minister with information which he or she may require concerning the activities and financial position of the Weather Service; and

	(b)	submit to the Minister not later than five months after the end of each year, an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require.

(3) The Minister must table the annual report in Parliament within 14 days of receipt thereof if Parliament is then sitting or, if Parliament is not then sitting, within 14 days after the commencement of the next sitting.

20	Regulating Committee

(1)	(a) The Minister must establish a committee, to be known as the Regulating Committee for Meteorological Services.

	(b) In this Chapter any reference to Committee means the Regulating Committee referred to in paragraph (a).

21	Functions of Regulating Committee

(3) The Committee must report before 30 June each year on the work of the Committee to the Minister, and the Minister must table the report in Parliament within 30 days after it is submitted to him or her.

Space Affairs Act 84 of 1993

24	Entering into and ratification of conventions, treaties and agreements

(1) The State President may, by proclamation in the Gazette, add to this Act any Schedule in which the provisions of an international convention, treaty or agreement relating to space affairs entered into or ratified by the Government of the Republic, are included.

(2)	(a) The State President may, by proclamation in the Gazette, amend the Schedule- 

	(i)	to give effect to any amendment of or addition to a convention, treaty or agreement referred to in subsection (1) which may be made from time to time and has been ratified by the Government of the Republic;

	(ii)	by the substitution for any convention, treaty or agreement appearing therein of a new convention, treaty or agreement entered into or ratified by the Government of the Republic under subsection (1).

(4) The Minister shall lay a copy of every proclamation issued under subsection (1) or (2) upon the Table in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.

Special Investigating Units and Special Tribunals Act 74 of 1996

4	Functions of Special Investigating Unit

	(1) The functions of a Special Investigating Unit are, within the framework of its terms of reference as set out in the proclamation referred to in section 2 (1)-

(h) 	to at least twice a year submit a report to Parliament on the investigations by and the activities, composition and expenditure of such Unit.

Standards Act 29 of 1993

2	Continuation of South African Bureau of Standards

(1) The South African Bureau of Standards established by section 2 of the Standards Act, 1945 (Act 24 of 1945), shall, notwithstanding the repeal of the Standards Act, 1982 (Act 30 of 1982), by this Act, continue to exist as a juristic person known as the SABS and is the national institution for the promotion and maintenance of standards.

6	Continuation of Council of South African Bureau of Standards

The Council of the South African Bureau of Standards established by section 4 of the Standards Act, 1962 (Act 33 of 1962), shall, notwithstanding the repeal by this Act of the Standards Act, 1982 (Act 30 of 1982), but subject to the conditions of this Act, continue to exist.

14	Auditing and annual report

(2) The council shall- 

	(b)	as soon as practicable after the end of each financial year submit to the Minister an annual report on the affairs and functions of the SABS in respect of that financial year which shall, inter alia, include a statement of income and expenditure and a balance sheet certified by the Auditor-General and such further particulars as the Minister may require.

(3) The Minister shall table the annual report referred to in subsection (2) (b) in Parliament- 

	(a)	within 14 days after receipt thereof, if Parliament is in ordinary session; or

	(b)	if Parliament is not in ordinary session, within 14 days of the commencement of its next ensuing ordinary session.

State Information Technology Agency Act 88 of 1998

24	Accountability

(1) The Agency is accountable to the Minister. 

(2) The Agency must compile an annual report and submit it to the Minister, who must table that report in Parliament. 

(3) The Agency must comply with the Reporting by Public Entities Act, 1992 (Act 93 of 1992), as applicable to listed entities.

State of Emergency Act 64 of 1997

3	Parliamentary supervision

	(1) A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or bylaw made in pursuance of any such declaration shall be laid upon the Table in Parliament by the President as soon as possible after the publication thereof. 

	(2) In addition to the powers conferred upon the National Assembly by section 37 (2) (b) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the National Assembly may-

	(a)	disapprove of any such regulation, order, rule or bylaw or of any provision thereof; or

	(b)	make any recommendation to the President in connection with any such proclamation, regulation, order, rule, bylaw or provision.

4	Lapsing of emergency regulations

(1) Any regulation, order, rule or bylaw made in pursuance of the declaration of a particular state of emergency, or any provision thereof, shall cease to be of force and effect-

	(a)	as from the date on which the proclamation declaring that state of emergency is withdrawn by the President under section 1 (3); 

	(b)	as from the date on which the National Assembly-

	(i)	resolves under section 37 (2) (b) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), not to extend the declaration of that state of emergency; or

	(ii)	resolves under section 3 (2) (a) to disapprove of any such regulation, order, rule, bylaw or provision, to the extent to which it is so disapproved; or

	(c)	as from the date on which the declaration of that state of emergency lapses as contemplated in the said section 37 (2) (b),

whichever is the earlier date.

State Trust Board Act 88 of 1979

2	Establishment of State Trust Board

(1) There is hereby established a board to be called the State Trust Board.

(2) The board shall consist of not fewer than three and not more than five members who shall be appointed by the Minister, one of whom shall be designated by the Minister as chairman.

10	Reports by board

(1) The board shall report to the Minister as often as the board may deem fit, but at least once every six months.

(2) A report referred to in subsection (1) which in the opinion of the Minister may be made known without prejudice to the security of the State or its foreign relations, shall as soon as possible be laid on the Table in the Senate and in the House of Assembly.

Statistics Act 6 of 1999

7	Duties and powers of Statistician-General

(2) The Statistician-General must-

		(a)…

(c)	furnish the Minister and the Council each year with a report in respect of the activities of Statistics South Africa during that year, which report the Minister must as soon as possible table in Parliament;

8	Establishment of Council

(1) A council to be known as the South African Statistics Council is hereby established.

13	Duties and powers of Council

(2) The Council must furnish the Minister and Statistician-General with an annual report in respect of its activities, including its advice to the Minister and Statistician-General and the outcome of that advice, during the year in question, and the Minister must as soon as possible table that report in Parliament.

Technical Colleges Act 104 of 1981

2	Establishment of, or declaration of certain institutions as, technical colleges

(1) The Minister may, with the concurrence of the Minister of the Budget and Works, by notice in the Gazette and from a date mentioned in the notice-

	(a)	establish a technical college at any place;

	(b)	declare any school or state-aided school which provides or intends to provide post-school education a technical college.

28	Subsidies to technical colleges

The Minister may, with the concurrence of the Minister of the Budget and Works, out of moneys voted by the House of Assembly for the purpose, grant subsidies to a technical college for such purposes and on such basis and subject to such conditions as may be determined by the Minister.

29	Action on failure of technical college to comply with conditions subject to which subsidy has been paid

(1) If any technical college fails to comply with any condition subject to which any subsidy has under section 28 been paid to it, the Minister may call upon such technical college to comply with that condition within a fixed period.

(2) If such technical college thereafter fails to comply with the said condition, the Minister may, notwithstanding anything to the contrary in any law contained, withhold payment of the whole or any portion of the subsidy voted by the House of Assembly in respect of that technical college: Provided that where the whole or any portion of the subsidy voted by the House of Assembly is withheld by the Minister, he shall report the matter to the House of Assembly together with his reasons for so withholding payment, within fourteen days of his having notified the technical college concerned of his intention so to withhold payment, if the House of Assembly is then in ordinary session, or, if the House of Assembly is not then in ordinary session, within fourteen days of the commencement of its next ensuing ordinary session.

Telecommunications Act 103 of 1996

5	Establishment of South African Telecommunications Regulatory Authority

(4)	(a) The Minister may from time to time by notice in the Gazette issue to the Authority policy directions consistent with the objects mentioned in section 2. 

	(b) The Minister shall, before a policy direction contemplated in paragraph (a) is issued- 

		(i)	consult the Authority;

	(ii)	in order to obtain the view of interested persons, cause the text of such direction to be published in the Gazette together with a notice declaring his or her intention to issue that direction and inviting interested persons to lodge written representations in relation to the direction in the manner specified in such notice within 30 days from the date of the notice; and

	(iii)	refer the proposed direction for comment to the committees of Parliament appointed for the purpose of considering matters relating to telecommunications.
58.	Establishment of Universal Service Agency.—(1)  There is hereby established a juristic person to be known as the Universal Service Agency.

63	Annual and other reports

(1) The Agency shall furnish to the Minister such information and particulars as he or she may from time to time in writing require in connection with the activities of the Agency, and shall annually, as soon as is reasonably practicable after the end of each period of 12 months ending on 31 March, furnish to the Minister a report in regard to the functions, affairs and activities of the Agency in respect of such period.

(2)	Without derogating from the generality of the provisions of subsection (1), the annual report shall, among others, include-

	(a)	information regarding progress towards achieving the goal of universal service; and

	(b)	such other information as the Minister may determine. 

(3) The Minister shall table a copy of the annual report in Parliament within 30 days after it is received by him or her if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement of its next ordinary session.

65	Establishment and control of Universal Service Fund

(1) There shall be a Universal Service Fund, of which the Agency shall keep account in its books and which shall be credited with-

	(a)	universal service contributions referred to in section 67 (1); and

68	Accounts of Universal Service Fund

(4) The Minister shall table a copy of the audited accounts and balance sheet in Parliament-

	(a)	within 30 days after it has been received by him or her if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement of its next ordinary session; or

	(b)	if so determined by the Minister, together with the annual report of the Agency in regard to the period concerned.

Temporary Removal of Restrictions on Economic Activities Act 87 of 1986

1	Power of State President to suspend laws or conditions, limitations or obligations thereunder or to grant exemption from the provisions thereof

(1) Subject to the provisions of subsections (2) and (3), the State President may, if he is of the opinion that circumstances exist under which the application of any law or compliance with any condition, limitation or obligation thereunder, unduly impedes economic development or competition in the economic field, or the creation of job opportunities, by proclamation in the Gazette-

	(a)	suspend that law, condition, limitation or obligation in whole or in part; or

	(b)	in whole or in part grant exemption, or provide for the granting of such exemption by a specific person or body, from the provisions of that law, condition, limitation or obligation, in general, or with regard to-

	(i)	a specific undertaking, industry, trade or occupation or a specific class thereof;

		(ii)	a specific area;

		(iii)	a specific person or class of persons;

	(iv)	specific circumstances under which any undertaking, industry, trade or occupation or class thereof is carried on or exercised.

(2)	(a) An Act of Parliament or any condition, limitation or obligation thereunder shall be so suspended or exemption from the provisions thereof granted, only-

	(i)	if and to the extent to which that Act relates to any matter mentioned in the Schedule;

	(ii)	on the advice of a standing committee of Parliament to which the suspension or exemption in question has been referred.

(5) Before the State President issues a proclamation under subsection (1) with regard to the suspension or exemption from the provisions of an Act of Parliament, and of any other law relating to a matter mentioned in Part II of the Schedule, he shall cause to be published in the Gazette a draft of the proposed proclamation together with a notice calling upon all interested persons to lodge any objections and representations in writing within a period of 21 days from the date of publication of the notice with the Secretary to Parliament for submission to the Standing Committee contemplated in subsection (2): Provided that if the State President on the advice of the Standing Committee thereafter determines on any alteration in the draft proclamation published as aforesaid, it shall not be necessary to publish such alteration before finally issuing the proclamation in terms of this section.

3	Tabling of proclamations

(1) A copy of any proclamation in terms of section 1 shall, in the case of a law dealing with general affairs, be Tabled in Parliament or, in the case of a law dealing with own affairs, to be Tabled in the House in question within 14 days after the issue thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.

(2) A proclamation contemplated in subsection (1) or any provision thereof may be annulled by Parliament or by the House in question, as the case may be, by resolution passed during the same session during which it was tabled, and if the proclamation or provision thereof has been so annulled, that proclamation or provision shall cease to be of force and effect from the date on which it was annulled by the last of the three Houses of Parliament or the House in question, as the case may be.

(3) The provisions of subsection (2) shall not derogate from the validity of anything done in terms of that proclamation or any provision thereof before the date upon which it so ceased to be of force and effect, or from any right, privilege, obligation or liability acquired, accrued or incurred at the said date in terms of such a proclamation or provision thereof.

4	Duration of Act, and saving

(1) This Act shall cease to have effect on 31 March 1994.

(2) Notwithstanding the provisions of subsection (1) any proclamation issued under section 1 shall continue to be of force until it is amended, withdrawn or partially withdrawn by the State President by proclamation in the Gazette: Provided that any proclamation with regard to the suspension of or exemption from the provisions of an Act of Parliament, and of any other law relating to a matter mentioned in Part II of the Schedule, shall only be amended, withdrawn or partially withdrawn on the advice of a standing committee of Parliament to which the amendment or withdrawal in question has been referred.

(3) Any amendment, withdrawal or partial withdrawal of a proclamation referred to in subsection (2) shall not come into operation before the expiry of 30 days after the issue thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, before the expiry of 30 days after the commencement of its next ordinary session.

(4) The provisions of section 3 (1) and (2) shall mutatis mutandis apply in respect of any proclamation issued under subsection (2) of this section.

The National Library of South Africa Act 92 of 1998

14	Auditing and annual report

(1) The financial year of the National Library ends on 31 March.

(2) The National Library must keep a proper record of its assets and financial transactions.

(3) The accounts of the National Library must be audited annually by the Auditor-General.

(4)	(a) The National Library must furnish to the Minister such information in connection with the functions and financial position of the National Library as the Minister may require, and must within three months of the end of the financial year submit to the Minister an annual report, including a balance sheet and a statement of revenue and expenditure in respect of the financial year, certified by the Auditor-General, as well as such other particulars as the Minister may require.

	(b) The Minister must table the report in Parliament within 14 days after receipt thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ordinary session.

The South African Library for the Blind Act 91 of 1998

14	Auditing and annual report

(1) The financial year of the Library for the Blind ends on 31 March.

(2) The Library for the Blind must keep a proper record of its assets and financial transactions.

(3) The accounts of the Library for the Blind must be audited annually by the Auditor-General. 

(4)	(a) The Library for the Blind must furnish to the Minister such information in connection with the functions and financial position of the Library for the Blind as the Minister may require, and must as soon as practicable after the end of every financial year submit to the Minister an annual report, including a balance sheet and a statement of revenue and expenditure in respect of the financial year, certified by the Auditor-General, as well as such other particulars as the Minister may require.

	(b) The Minister must table the report in Parliament within 14 days after receipt thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ordinary session.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

1	Definitions

'previous Act' means the National Roads Act, 1971 (Act 54 of 1971), and, where appropriate, includes any other law amended or repealed by this Act;

2	Establishment of a national roads agency for Republic

(1) There will be a national roads agency for the Republic for the purpose of taking charge of the financing, management, control, planning, development, maintenance and rehabilitation of the South African national roads system.

7	Agency the successor to certain property, assets and liabilities

(2) On the incorporation date, the following immovable property will pass to and vest in the Agency: 

	(a)	The immovable property of the South African Roads Board consisting of land, and any servitudes on or over land, on which national roads are situated;

	(b)	land and any servitudes or other real rights with regard to land (including any right to use land temporarily), acquired by the South African Roads Board or the State in terms of the previous Act for the purposes of or in connection with national roads;

	(c)	any other immovable property of the South African Roads Board acquired in terms of the previous Act from moneys made available from that National Roads Fund;

	(d)	any State land on which a national road is situated, or any servitude or other real right with regard to land held by the State for the purposes of or in connection with a national road situated on the latter land.

(4)	(a)	The Minister, by notice in the Gazette, may declare that any movable or immovable property belonging to and under the control of the State for the purposes of the previous Act and which is specified in the notice, except any immovable property mentioned in subsection (2) (b) and (d), will pass to and vest in the Agency on the date mentioned in the notice.

	(b)	The Minister must lay the notice mentioned in paragraph (a) on the table in the National Assembly within 14 days after publication of that notice in the Gazette, if the  National Assembly is sitting then, or, if the National Assembly is not sitting then, within 14 days after the beginning of its next sitting.

10	Judicial management, and liquidation

Despite the provisions of any other law, the Agency may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.

37	Annual report

(1) Annually, within five months after the end of the financial year, the Agency must submit a report to the Minister about the business, operations, projects, finances, transactions and activities of the Agency during the financial year and its financial position as at the end of that year.

(3) The Agency's annual report must be laid on the table in the National Assembly within 14 days after the Minister has received it, if the National Assembly is sitting then, or, if the National Assembly is not sitting then, within 14 days after the beginning of its next sitting.

Tourism Act 72 of 1993

2	Establishment of South African Tourism Board

There is hereby established a juristic person which shall be known as the South African Tourism Board.

26	Regulations

(1) The Minister may after consultation with the board make regulations in respect of any matter which may be dealt with by the Minister in terms of this Act, and in respect of anything which in his opinion may be conducive to the effective application of the provisions of this Act.

(2) The Minister shall, within 30 days after making any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces or, if Parliament is then not in session, within 30 days after the beginning of the ensuing session of Parliament.

(3) The National Assembly and the National Council of Provinces may, within 30 days of the tabling of the regulations, submit their comments to the Minister.

(4) The Member of the Executive Council referred to in section 21 (1) shall, within 30 days after the Minister made any regulations under this Act, table the regulations in the provincial legislature, and the provisions of subsections (2) and (3) shall for the purpose of this subsection apply with the necessary changes.

Trade Marks Act 194 of 1993

69	Fees, regulations, forms and classification of goods

(1) The Minister may prescribe a tariff of the fee which shall be payable to the registrar in respect of any application, registration, matter or document, and the fee shall be payable as so prescribed.

(2) The Minister may also make regulations, not inconsistent with this Act, as to all matters, including forms and a schedule of classification of goods or services, which by this Act are required or permitted to be prescribed or which are necessary or convenient for giving effect to the provisions of this Act or for the conduct of any business relating to the trade marks office established by this Act. 

(3) If Parliament resolves within 30 days after any such tariff or regulation has been laid on the Table thereof in accordance with law, that any item of the tariff or that the regulation be disallowed, such item or regulation shall thereupon become of no effect, without prejudice to the validity of anything done in the meanwhile thereunder or to the power to make a new tariff or regulation.

Traditional Leadership and Governance Framework Act 41 of 2003

9	Recognition of kings and queens

(5)	(a) The President may, by notice in the Gazette, make regulations concerning-

	(i)	the traditional or ceremonial role of a king or queen;

	(ii)	the responsibilities of a king or queen in respect of nation building; and

	(iii)	other functions or roles of a king or queen.

	(b) Regulations made in terms of paragraph (a) must be tabled in Parliament after their publication in the Gazette.

18	Referral of Bills to National House of Traditional Leaders

(1)	(a) Any parliamentary Bill pertaining to customary law or customs of traditional communities must, before it is passed by the house of Parliament where it was introduced, be referred by the Secretary to Parliament to the National House of Traditional Leaders for its comments.

	(b) The National House of Traditional Leaders must, within 30 days from the date of such referral, make any comments it wishes to make.

Transport Deregulation Act 80 of 1988

6	Road transportation agreements with other governments

(1) The State President may enter into an agreement with the government of a country or territory whereby arrangements are made with that government for the control and regulation of the transportation of persons or goods between the Republic and that country or territory.

(2) An agreement referred to in subsection (1) and any amendment thereof shall be published by the State President by proclamation in the Gazette, shall come into force on the date of signature of the agreement or amendment or on the later date stipulated in the agreement or amendment and shall have the force of law, and the provisions thereof shall prevail in the case of conflict between such provisions and the provisions of this Act or any other law.

(3) The State President may by proclamation in the Gazette-

	(a)	add to this Act any Schedule setting out the text of any agreement entered into under subsection (1);

	(b)	amend such Schedule so as to reflect any amendment of such an agreement; and

	(c)	repeal such Schedule when the agreement in question has expired or is terminated.

(4) The Minister shall lay a copy of every proclamation issued by the State President under subsection (2), upon the Table in Parliament within 14 days after publication of such proclamation in the Gazette if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.

Treaties of Peace Act 20 of 1948

1	Definitions

	In this Act the expression 'the Treaties' means the Treaties of Peace with Bulgaria, Finland, Hungary, Italy and Roumania (copies of which were laid before Parliament on the thirtieth day of May, 1947) which were signed on behalf of the Government of the Union in Paris on the tenth day of February, 1947, and to the ratification of which the concurrence of Parliament has been obtained, and such other treaties as may be included in this definition in accordance with the provisions of section three.

2	Legislation to give effect to peace treaties

	(1) The Governor-General may, subject to the provisions of subsection (3), and after any one of the Treaties has been ratified by the Government of the Union, by proclamation make such regulations as appear to him to be necessary or expedient for carrying out such treaty, and for giving effect to the provisions thereof.

(3)	(a) Any proclamation issued in terms of subsection (1) shall be laid on the Tables of both Houses of Parliament within fourteen days after publication if Parliament is then in ordinary session, or if it is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

	(b) If both Houses of Parliament have by resolutions passed in the same session (being a session during which any proclamation referred to in paragraph (a) has been duly laid on the Tables) approved of any such proclamation, or of any provision in any such proclamation, such proclamation shall thereafter be of force and effect to the extent to which it has been so approved, but without prejudice to anything that has been done in terms of such proclamation, up to the date of the passing of such resolutions which shall be deemed to have been validly done, whether such proclamation is approved or disapproved.

3	Extension of Act to cover other treaties with former enemy powers

(1) Whenever a treaty of peace is concluded between the Government of the Union and any power not mentioned in section one, between whom and the Union a state of war exists at the date of commencement of this Act, or has at any time since the sixth day of September, 1939, existed, the Governor-General may, after such treaty has been ratified with the prior concurrence of Parliament, provide by proclamation that, save as provided in subsection (2), such treaty shall for the purposes of this Act thereafter be deemed to be included in the definition of the expression 'the Treaties' in section one contained.

(2) The provisions of subsection (3) of section two shall apply mutatis mutandis in regard to any proclamation promulgated in terms of subsection (1).

Unemployment Insurance Act 63 of 2001

1	Definitions

'Director-General' means the Director-General of the Department of Labour and any officer in the Department of Labour to whom the Director-General has delegated any function in terms of section 58 (3) ;

4	Establishment of Unemployment Insurance Fund

(1) The Unemployment Insurance Fund is hereby established.

58	Powers and duties of Director-General

(11) The Director-General may borrow money on behalf of the Fund in terms of section 66 (3) (b) of the Public Finance Management Act, 1999 (Act 1 of 1999).

(12) Notwithstanding section 11, the Director-General must within six months of the end of each financial year or as soon as practicable thereafter, submit a written report to the Minister regarding- 

	(a)	the manner in which the Board and the committees are performing their functions; 
	
	(b)	the number of unemployed contributors to whom benefits have been paid and the total amount of such benefits; 

	(c)	the number of contributors to whom illness, maternity and adoption benefits, respectively, have been paid and the total amount of such payments; and 

	(d)	the number of deceased contributors in respect of whom dependant's benefits were paid and the total amount of such payments.

(13) The report contemplated in subsection (12) together with the statement of income and expenditure and the balance sheet of the Fund, must be tabled in the National Assembly within 30 days after its receipt by the Minister if Parliament is then sitting and, if Parliament is not sitting, within fourteen days of the commencement of the next sitting.

Value Added Tax Act 89 of 1991

1	Definitions

'Commissioner' means the Commissioner for the South African Revenue Service;

62	Publication of names of tax offenders 

(1) Notwithstanding the provisions of section 6, the Commissioner may from time to time publish for general information such particulars as specified in subsection (2), relating to any offence committed by any person, where such person has been convicted of such offence in terms of-

	(a) 	section 58 or 59(1); 

	(b)	the common law, where the criminal conduct corresponds materially with an offence referred to in paragraph (a), 

after any appeal or review proceedings in relation thereto have been completed or not been instituted within the period allowed therefor.

(2) Every publication in terms of this section may specify-

	(a)	the name, address and principal enterprise of the vendor;

	(b)	such particulars of the offence as the Commissioner may think fit;

	(c)	the tax period or tax periods in which the offence occurred;

	(d)	the amount or estimated amount of the tax evaded;

	(e)	the amount (if any) of the additional tax imposed and the particulars of the fine or sentence imposed.

	(3) A copy of every notice published under this section shall be laid upon the Table in Parliament.

Veterinary and Para-Veterinary Professions Act 19 of 1982

2	Establishment of South African Veterinary Council

(1) There is hereby established a council to be known as the South African Veterinary Council.

5	Constitution of council

(1) Whenever it becomes necessary to designate or elect the members of the council, the following procedure shall be followed:

	(a) 	Before the expiration of the period of office of the outgoing council, an election shall be held in the prescribed manner for-

	(i)	the election of ten veterinarians or veterinary specialists by persons registered or deemed to be registered in terms of this Act to practise veterinary professions;

	(ii)	the election of one representative of each para-veterinary profession by persons registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned.

	(b)	The Minister shall, after consultation with the outgoing council, appoint a selection panel, …

(2A) The period of office of all the members of the council shall run consecutively.

(2B) Within 30 days after the commencement of office of the members of the council, the Minister shall inform the parliamentary committees in writing of the designation or election of the members concerned.

17	Reports by council

(1) The council shall within six months after the close of a financial year submit a report to the Minister on its activities during that financial year.

(2) Copies of such report-

	(a)	shall be laid upon the Tables by the Minister in Parliament within fourteen days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session;

War Damage Insurance and Compensation Act 85 of 1976

2	Establishment of War Damage Fund

The Minister may, as often as in his opinion there is a possibility of war damage arising, establish a fund, to be known as the War Damage Fund, which shall be a juristic person and shall be credited with-

(b)	money appropriated for this purpose by Parliament or any other legislative authority in the Republic;

5	Limited meeting of fund's liabilities

If in any financial year the liabilities of the fund exceed its revenue or the Minister is of the opinion that this is likely to happen-

	(a)	the Minister may limit payments by the fund and may from time to time determine a basis according to which the liabilities of the fund shall be met by means of annual interest-free instalments;

	(b)	the Minister shall, if he acts in terms of paragraph (a), lay upon the Tables of both Houses of Parliament a report on the matter in such form as he may deem fit and in which he shall recommend that money be appropriated by Parliament so as to enable the fund to meet its liabilities in accordance with the basis determined by the Minister under paragraph (a).

Water Research Act 34 of 1971

2	Establishment and general objects of Water Research Commission

(1) There is hereby established a commission to be known as the Water Research Commission.

14	Auditing and annual report

(1) The Controller and Auditor-General shall audit the accounts of the commission.

(2) The commission shall furnish the Minister with such information in connection with the activities and financial position of the commission as he may from time to time require, and shall in addition, as soon as practicable after the end of every financial year, submit to the Minister an annual report, including a balance sheet and a statement of income and expenditure certified by the Controller and Auditor-General, and such other particulars as the Minister may require.

(3) The Minister shall lay the said report upon the Table of the Senate and of the House of Assembly within fourteen days after receipt thereof, if Parliament is in ordinary session or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Water Services Act 108 of 1997

28	Establishment and disestablishment of water boards

(1) Subject to subsection (2) the Minister may by notice in the Gazette- 

	(a)	establish a water board; 

	(b)	give it a name or approve a change of its name; 

	(c)	determine or change its service area; or

	(d)	disestablish it.

44	Reporting

(3) The report must contain sufficient information to allow- 

	(a) 	the Minister; 

	(b) 	any relevant Province; 

	(c)	any relevant water services institutions; and

	(d) 	the public, 

to assess the performance of the water board.

63	Intervention

(1) If a water services authority has not effectively performed any function imposed on it by or under this Act, the Minister may, in consultation with the Minister for Provincial Affairs and Constitutional Development, request the relevant Province to intervene in terms of section 139 of the Constitution. 

(2) If, within a reasonable time after the request, the Province- 

	(a) 	has unjustifiably failed to intervene; or

	(b)	has intervened but has failed to do so effectively, 

the Minister may assume responsibility for that function to the extent necessary-

	(i) 	to maintain essential national standards; 

	(ii) 	to meet established minimum standards for providing services; or

	(iii) 	to prevent that Province from taking unreasonable action that is prejudicial to the interests of another province or the country as a whole. 

(3) If the Minister assumes responsibility for any function of a water services authority in terms of subsection (2)- 

	(a)	the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function; 

	(b)	the assumption of responsibility for that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the Minister has assumed responsibility for that function; and

	(c)	the National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister. 

(4) After assuming responsibility for a function under subsection (2), the Minister may issue a directive to the water services authority to perform that function effectively.

(5) If the water services authority fails to comply with that directive, the Minister may intervene- 

	(a)	by taking appropriate steps to facilitate the performance of that function, including giving financial, managerial and technical advice and assistance; or

	(b)	on notice to the water services authority, by taking over that function. 

(6) If the Minister takes over any function of a water services authority- 

	(a)	the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function; 

	(b)	the Minister may, on behalf of that water services authority, exercise all the powers and carry out all the duties relating to that function; 

	(c)	the governing body of that water services authority may not, while the Minister is responsible for that function, exercise any of its powers or carry out any of its duties relating to that function; 

	(d)	the Minister may utilise all financial and other resources available to that water services authority relating to that function; 

	(e)	the Minister may appoint a water services institution to perform that function or any part thereof; and

	(f)	the take-over of that function must end- 

	(i)	if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over; or

	(ii)	when the water services authority is in a position to resume that function effectively. 

(7) The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister. 

71	Procedure for making regulations

Witness Protection Act 112 of 1998

23	Regulations 

(1) The Minister may make regulations relating to-

	(a)	the placing of witnesses or related persons under protection;

	(b)	the protection of the identity of protected persons;

	(c)	the regulation of access to places of safety where persons are being kept or relocated in terms of this Act;

	(d)	the utilisation of security officers or private security personnel for protection services in terms of this Act;

	(e)	the assistance to be rendered or functions to be performed by any Department of State, person, body, institution or organisation for the purpose of giving effect to the provisions of this Act;

	(f)	the information to be furnished by, or any steps to be taken in respect of, a witness or related person whose application for placement under protection is being considered;

	(g)	the terms and conditions that must be included in protection agreements or in other agreements or arrangements entered into or made under this Act;

	(h)	the procedure for the relocation or change of identity of a protected person;

	(i)	the manner in which and the conditions whereunder any decision of or steps taken by the Director or any person acting on behalf of the Director under a provision of this Act, may be subjected to review by the Minister;

	(j)	the powers, functions and duties of witness protection officers and security officers;

	(k)	mechanisms to be put in place in order to monitor the circumstances under which a person is kept under protection;

	(l)	specific offences in respect of which, in addition to the offences listed in the Schedule to this Act, a witness or related person may be placed under protection;

	(m)	any other matter that is required or permitted to be prescribed in terms of this Act; and

	(n)	in general, any matter which the Minister deems necessary or expedient to prescribe in order to achieve the objects of this Act.

(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

World Heritage Convention Act 49 of 1999

1	Definitions

'World Heritage Site' means any place in the Republic which-

	(a)	has been included on-

		(i)	the World Heritage List; or

	(ii)	the tentative list of the Republic referred to in Article 121 (a) (i) of the Operational Guidelines,

	and is proclaimed by the Minister by notice in the Gazette to be a World Heritage Site; or

	(b)	has been proclaimed by the Minister by notice in the Gazette to be a special heritage site for management in accordance with this Act as if that site qualified under paragraph (a)-

	(i)	after consultation with the Minister affected by such a proclamation;

	(ii)	if applicable, after consultation with the relevant MEC; and

	(iii)	subject to a resolution of Parliament,

	but such a special heritage site cannot be referred to as a World Heritage Site.

9	Establishment of new Authorities

The Minister may, by notice in the Gazette, establish an Authority which is a juristic person with the capacity to sue and be sued in its own name, with so much of the powers and duties set out in this Act, as the Minister may determine.

12	Disestablishment of Authority and revocation of powers

(1) An Authority referred to in section 9 must only be disestablished in terms of a resolution by Parliament.

(2) The Minister may, at any time, investigate the performance by an Authority of its powers and duties in terms of this Act, the Convention or the Operational Guidelines.

(3) As part of any such investigation, the Minister must afford the Authority the opportunity of refuting any allegations against it.

(4) If that investigation reveals that an Authority is not performing its functions properly, the Minister must submit a report to Parliament for consideration by the National Assembly and the National Council of Provinces.

(5) If the National Assembly and the National Council of Provinces pass a resolution amending, suspending, revoking or terminating the powers of such an Authority or disestablishing it, the Minister must give effect to such a resolution by notifying that Authority accordingly.

(6) Where an Authority is disestablished in terms of this section, the Minister must ensure that-

	(a)	the assets of the Authority are protected; and

	(b)	the resolutions of the National Assembly and the National Council of Provinces are published in the Gazette for public information.