Cultural Laws Amendment Bill: briefing
Arts and Culture
13 March 2001
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
ARTS AND CULTURE PORTFOLIO COMMITTEE
13 March 2001
AMENDMENTS TO THE CULTURAL LAWS AMENDMENT BILL: BRIEFING
Chairperson: Dr M W Serote
Documents handed out:
Cultural Laws Amendment Bill [B 45 - 2000] CULTURAL LAWS AMENDMENT BILL, 2000
Amendments to the Cultural Laws Amendment Bill (See Appendix)
SUMMARY
Appointments to the PANSALB Board are supposed to take place at the end of March. The procedure for appointments to the Board has been amended in the Bill currently before the committee. If the committee does not pass this Bill by the end of March (in time to govern the PANSALB appointments) then the appointments will have to take place in accordance with the procedure set out in the old Act. Because of time constraints it is unlikely that the Bill will be passed by the end of March.
To address this problem the Deputy Director General of the Department suggested that the appointment of the PANSALB Board (which is supposed to happen at the end of March) be delayed until after the Bill currently before the committee is passed.
The committee is going to take legal advice on how the Public Finance Management Act (PFMA) affects the drafting of legislation that the committee must pass. They want to know if it is necessary to make separate references to the Minister and the Director General in legislation in light of the fact that the PFMA sets out separate and distinct accountability for the Minister and the Director General.
MINUTES
Mr Themba Wakashe, Deputy Director General of Arts and Culture, and Advocate Vicky Beukes, Head of Legal Services in the Department of Arts and Culture, were present.
The long title sets out that the following Acts are being amended by the Cultural Laws Amendment Bill:
- the Heraldry Act
- the Pan South African Language Board Act
- the National Archives of South Africa Act
- the National Arts Council of South Africa Act
- the National Film and Video Foundation Act
- the South African Geographical Names Council Act
Advocate Beukes read the amendments to the committee.
Discussion
Amendments to the Heraldry Act
Mr Dithebe (ANC) referred to the amended definition of ''municipal'' in clause one. He asked why this clause referred to the way a municipality was contemplated in the Constitution and no reference was made to the way ''municipal'' was contemplated in the Municipal Structures Act. He asked if there was a reason for this or if it was simply an oversight.
Advocate Beukes replied that legislation comes and goes. They wanted to make the reference to something more specific and lasting like the Constitution. He added that if the committee wished they could add a reference to the Municipal Structures Act.
Clause 6(b) Heraldry Council and Heraldry Committee
Mr Cassim (IFP) suggested that the committee add the words ''and for a period of six months not attended the meetings of the council'' at the end of the clause.
Amendments to the PANSALB Act
Composition of Board - Clause 5:
The Chairperson commented that the Act must be in place before members of the Board can be appointed according to the criteria set out in this clause. Until the Bill is passed they will have to make appointments according to the procedure set out in the old Act.
Mr Dithebe asked if the members of this Board would be appointed in terms of the old Act or the amended Act.
Advocate Beukes replied that the Board must be appointed by the end of March. It is unlikely that this Bill will be passed in time for this. This means that the appointments will be made in terms of the old Act.
Mr Cassim (IFP) suggested that the committee should move rapidly to get the Bill passed.
The Deputy Director General of the Department suggested that they could delay the appointment of the Board members until the Bill is passed. This is to ensure that the appointments take place in accordance with the amended Bill and not the old Act.
Amendments to the National Archives of South Africa Act
National Archivist and Staff - Clause 1(b)
The clause states that the National Archivist shall manage the national archives under the direction of the Director General.
Ms Van Wyk (NNP) asked why a specific reference was made to the Director General and not to the Minister. Is the Department taking a power away from the Minister?
The Deputy Director General replied that this clause did not detract from the Minister's power. It is simply a formality in the way the public service operates.
Establishment, Constitution, and Functions of National Archives Commission - Clause 6(2):
The Chairperson commented that the Portfolio Committee was involved in the appointment of members to PANSALB. He asked why the PANSALB procedure was not applied to other boards and why was the Portfolio Committee not involved in the appointment of members to the other boards?
The Deputy Director General replied that he was not sure but it was possibly because PANSALB was a board created in accordance with the Constitution.
Ms Van Wyk said that she agreed with the Chairperson. All the boards should have the same parliamentary status.
The Chairperson said that parliamentary involvement in the appointments was important for democracy. All the boards operate to ensure democracy. He asked Mr Beukes to investigate this on the committee's behalf.
Ms van Wyk commented that the Portfolio Committee should also review how these boards function. The Chairperson agreed saying that they must have a proper review to determine if these institutions function properly. For example, do they spend their funds properly or do the funds get spent elsewhere?
Thus the committee agreed:
- that the Portfolio Committee should function to assist the choice of members to the boards in question, and
- there should be a review of the boards put in place.
The Chairperson added that the committee would like the Department to be present at the review meetings.
Clause 6(4)(a) - Ms Van Wyk asked why the Director General had to be advised. The Minister is the political head, surely it is only necessary to advise him. She asked what the reasoning behind this was?
Mr Cassim said that the Public Finance Management Act (PFMA) sets out clear responsibilities for the Director General and the Minister. One does not want a situation where the Minister has information and the Director General does not. He said that the phrasing of this clause is a necessary outcome of the PFMA.
Ms Van Wyk said that she would like the Committee to have a study session on Financial Management so that they could be clear on how the PFMA impacts upon the legislation the committee passes. She said that if they draw a distinction between the Director General and the Minister in legislation then they could technically absolve the Minister. The way she understood things the buck stops with the Minister. Ultimately, the responsibility rests with him.
Mr Cassim (IFP) said the PFMA kicks in on 1 April this year. Therefore one must be careful what the Minister is held responsible for and what the Director General is held responsible for in the legislation because in terms of the PFMA there will be twin lines of authority. This must find expression in the legislation.
Mr Ditebe said that Ms Van Wyk's reasoning was not motivated by genuine fears, it was simply paranoia. There is no harm in leaving the clause as it is, the Minister will not be absolved of responsibility.
Ms Van Wyk said the main concern should be producing good, sound legislation.
The Chairperson said that Ms Van Wyk's concern was genuine in terms of where the buck stops. People should not be able to say ''I thought so and so'' and in this way escape responsibility. The Chairperson said that they must seek legal advice on the matter to see how the PFMA impacts on legislation.
The Chairperson sent the committee clerk to find a state law advisor to comment on this.
Establishment, Constitution, and Functions of National Archives Commission - Clause 6(4)(g)
Mr Cassim suggested the committee insert the words ''and innovation plan'' after the words ''business plan'' in the clause ''annually submit a business plan to the Minister for approval''.
Mr Ditebe asked if they should not be more specific than ''annually'' as to when the business plan should be submitted. He suggested they tighten the clause.
Mr Cassim said they could add ''before the end of March each year''. This would link it to the financial year-end.
The Deputy Director General said that it is important to link it to the budget cycle rather than a particular time especially because the budget cycle could change.
The Chairperson agreed that they should rather tie it to the cycle of the budget and not to a specific month.
Advocate Beukes suggested that they say ''six months before the financial year-end''. The Department also needs the business plans to take to Cabinet in order for them to get their budget.
Conclusion
Ms van Wyk wanted to give parties a chance to re-look at the Bill and submit a party report listing their concerns and proposals on the Bill before the Bill is passed.
The Chairperson said that Ms Van Wyk's request for every party to submit a report on the suggested amendments was unnecessary as there had been ample chance to do this in the past. The committee had that chance for the past two months. Doing this now would cause an unnecessary delay in passing the Bill. Ms van Wyk suggested each party could submit their report the following day and then the Bill could be passed the next day.
Mr Cassim noted the committee gave the Department a mandate to amend certain things. These things have been set out in the long title. This means that it will be ultra vires for the committee to make amendments not related to that which is mentioned in the long title at this time. Amendments regarding other issues can be done at a later date. In any event if they went on to other amendments now, a long debate would ensue. They would not be able to finish the Bill the next day, it would take months.
The Chairperson agreed with Mr Cassim. The changes that were before the committee now were merely technical. The issues Ms Van Wyk wanted to raise did not deal with the committee's mandate in this particular instance.
The Clerk was unable to find a state law advisor so the committee agreed to adjourn and meet again the following Tuesday (where a state law advisor would be present).
The meeting was adjourned.
Definitions - Clause 1:
(BILL 45 OF 2000)
HERALDRY ACT 18 OF 1962 *
1 Definitions *
6 Heraldry council and heraldry committee *
24 Annual report *
PAN SOUTH AFRICAN LANGUAGE BOARD ACT 59 OF 1995 *
5 Composition of Board *
12 Reports *
13 Remuneration and allowances of members of Board *
NATIONAL ARCHIVES OF SOUTH AFRICA ACT 43 OF 1996 *
4 National Archivist and staff *
6 Establishment, constitution and functions of National Archives Commission *
NATIONAL ARTS COUNCIL ACT 56 OF 1997 *
ACT *
4 Composition of Council, tenure of office and filling of vacancies *
5 Qualifications of members of Council and circumstances under which they vacate office *
6 Functions of Council *
9 Executive committee *
11 Advisory panels *
17 Audit, annual and financial report *
NATIONAL FILM AND VIDEO FOUNDATION ACT 73 OF 1997 *
4 Functions of Foundation *
6 Establishment and composition of Council, tenure of office and filling of vacancies *
9 Executive committee *
16 Financing *
17 Audit, annual and financial report *
GEOGRAPHICAL NAMES COUNCIL ACT 118 OF 1998 *
4 Term of office *
8 Allowances of members of Council and subcommittees *
9 Powers and duties of Council *
11 Annual report *
HERALDRY ACT 18 OF 1962
ACT
To make provision for the establishment of a bureau of heraldry, a heraldry committee and a heraldry council; for the registration and protection of coats of arms, badges, other emblems, names and uniforms; and for other matters incidental thereto.
1. DEFINITIONS
In this Act, unless the context otherwise indicates-
'differencing' means the incorporation of a brisure in a heraldic representation in conformity with the principles and rules of heraldry in order to distinguish between the different owners of such [representation] representations;
'family coat of arms' means any coat of arms borne by a natural person;
'Minister' means the Minister [of National Education] responsible for heraldry;
'municipal' means of or belonging to [an institution or body referred to in section 84 (1) (f) (i) or (ii) of the Republic of South Africa Constitution Act, 1961 (Act 32 of 1961)] a municipality contemplated in chapter 7 of the Constitution;
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.
(2)The functions of the council shall be to-
(a) determine policy to be applied as to heraldic matters;
(b) consider and decide upon such matters as the state herald or the committee may refer to it;
(c) consider appeals noted under section 9; and
(d) carry out such other duties as may be assigned to the council by the Minister.
(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-
(a) determine which applications shall be referred to it by the state herald;
(b) decide upon applications which the state herald may refer to it; and
(c) consider objections lodged in terms of section 7B.
(4) (a) The Minister shall-
(i) designate one of the members of the council who was appointed as a member by him, as chairman to preside at a meeting of the council;
(ii)designate one of the members of the committee who was appointed as a member by him, as chairman to preside at a meeting of the committee:
Provided that in the absence of the chairman of the council or the chairman of the committee from any meeting of the council or committee (as the case may be), the members present at such meeting shall elect one of their number to preside at such meeting.
(b)Subject to any directions by the Minister, the council and the committee shall determine when and where they shall meet and the procedure and quorum at their meetings, including the number of votes required for a decision.
(5)A member of the council or the committee who is not in the full-time employment of the State shall out of moneys appropriated by Parliament for the purpose, be paid in respect of his services as a member of the council or the committee such allowances as the Minister in consultation with the Minister of Finance may determine.
(6)A member of a council must vacate the office if the member-
(a)resigns in writing;
(b)has been absent from three consecutive meetings of the council without its leave;
(c)is an unrehabilitated insolvent;
(d)is found to be of unsound mind by a competent court;
(e)is convicted of an offence involving dishonesty or bodily harm and is sentenced to imprisonment without the option of a fine; or
(f)materially breaches the code of ethics of the institution.
(g)on recommendation of a majority of Council
(7)The Minister may dissolve the council:
(a) on grounds of mismanagement; or
(b) on any other reasonable grounds.
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 [lay] table a copy of such report [on the Table of the Senate and of the House of Assembly] in parliament within fourteen days after receipt thereof if Parliament is then [in ordinary session] sitting or, if Parliament is not then [in ordinary session] sitting, within fourteen days after the commencement of its next ensuing [ordinary session] sitting of Parliament.
(3)The Council shall, on request of the Portfolio committee responsible for culture, send a delegation to the committee to answer questions on the report referred to in subsection (2).
PAN SOUTH AFRICAN LANGUAGE BOARD ACT 59 OF 1995
ACT
To provide for the recognition, implementation and furtherance of multilingualism in the Republic of South Africa; and the development of previously marginalised languages; to establish a Pan South African Language Board; and to provide for matters connected therewith.
5.COMPOSITION OF BOARD
(1)(a) The Minister, after having followed the procedure provided for in subsection (3), shall appoint [as members of the Board-
(i)not] no fewer than 11 [but not] and no more than 15 persons as members of the Board [who, when viewed collectively, are as representative as possible of the official languages as well as language skills, including but not limited to, interpreting, translation, terminology and lexicography, language and literacy teaching and language planning;
(ii)three persons who shall be language planners;
(iii)five persons who shall have special knowledge of language matters in South Africa; and
(iv) one person who shall be a legal expert with special knowledge of language legislation.
(2)The members of the Board shall-
(a)be fit and proper persons for the offices held by them;
(b)be South African citizens;
(c)when viewed collectively be broadly representative of the diversity of the [South African community; and] users of the official languages;
(d)be supportive of the principle of multilingualism; and
(e)have language skills, which may include skills in interpreting, translation, terminology and lexicography, literacy teaching and language planning, or have financial and legal expertise with special knowledge of language legislation.
(4)The Minister may terminate the membership of any person appointed in terms of this section-
(a)if it is satisfied that such person no longer complies with any of the requirements of subsection (2);
(b)if such person requests the Minister in writing to terminate his or her appointment; [or]
(c)when such person has been absent from more than two consecutive meetings of the Board without the Board's leave[.] ; or
(d)on recommendation of a majority of the Boardmembers.
(5)A member of the Board shall be appointed for a term of five years and shall on the expiration of such term be eligible for reappointment for one further term only.
(5A) The Minister may dissolve the Board:
(a) on grounds of mismanagement; or
(b) on any other reasonable grounds.
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)The Board may, at any time, submit a report to Parliament or a provincial legislature if it deems it necessary.
(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)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.
(4)The Council shall, on request of the Portfolio committee responsible for culture, send a delegation to the committee to answer questions on the report referred to in subsection (3).
13.REMUNERATION AND ALLOWANCES OF MEMBERS OF BOARD
(1)A member of the Board or of any committee thereof may, from moneys appropriated by Parliament for such purpose, be paid such [remuneration and] allowances and be reimbursed for such expenses incurred for services performed by him or her as such a member, as [may be determined by the Minister in consultation with the Minister of Finance] the Board may determine subject to subsection (2).
(2)The Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of allowances and reimbursement of the expenses contemplated in subsection (1).
NATIONAL ARCHIVES OF SOUTH AFRICA ACT 43 OF 1996
ACT
To provide for a National Archives; the proper management and care of the records of governmental bodies; and the preservation and use of a national archival heritage; and to provide for matters connected therewith.
4.NATIONAL ARCHIVIST AND STAFF
(1)[The National Archives shall be managed by a National Archivist appointed by the Minister on the basis of relevant professional experience and an appropriate archival qualification.]
(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 no 103 of 1994), on such grade as the Minister may determine.
(b)The National Archivist shall manage the National Archives under the direction of the Director General: Arts, Culture, Science and Technology.
(2)The National Archivist shall in the performance of his or her functions be assisted by officers and employees appointed in terms of the Public Service Act, 1994 (Proclamation 103 of 1994).
(3)(a)The National Archivist may, subject to any conditions, delegate a power or assign a duty to a member of the staff and may at any time cancel such delegation or assignment.
(b)A delegation or assignment shall not divest the National Archivist of the power delegated or duty assigned and he or she may at any time amend or set aside any decision made thereunder, or exercise the power or perform the duty concerned.
6.ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF NATIONAL ARCHIVES COMMISSION
(1)The Minister shall by notice in the Gazette establish a commission to be known as the National Archives Commission.
(2)The Commission shall consist of the National Archivist and not more than nine other members appointed by the Minister from among persons who are knowledgeable of or have an interest in archival matters.
(3)The procedures and other conditions for appointment as a member of the Commission shall be as prescribed.
(3A)The Minister may dissolve the Commission:
(a)on grounds of mismanagement; or
(b)on any other reasonable grounds.
(4) the functions of the Commission shall be to-
(a)advise the Minister and the Director-General: Arts, Culture, Science and Technology on any matter related to the operation of this Act;
(b)advise and assist the National Archivist in carrying out the objects and functions of the National Archives;
(c)promote the co-ordination of archival policy formulation and planning at national and provincial levels;
(d)exercise the powers contemplated in sections 5 (2) (d) and 12 (3) of this Act;
(e)approve the appraisal policy of the National Archives and monitor its implementation;
(f)maintain a national list of non-public records in South Africa which, in the opinion of the Commission, have enduring value[.] ;
(g)annually submit a business plan to the Minister for approval.
(5)The Commission may appoint committees from amongst its members and may assign to any committee so appointed such of its functions as it may deem fit: Provided that the Commission shall not be divested of any function which it has so assigned and may amend or revoke a decision of such a committee.
(6)The procedure at meetings of the Commission and of a committee shall be as prescribed.
(7)The Commission or any committee may co-opt any person to serve on the Commission or on a committee, as the case may be, in an advisory capacity, but such a co-opted member shall not have any voting rights.
(8)[An ordinary member, or a co-opted member referred to in subsection (7), who is not in the full-time service of the State shall be paid from the funds of the Commission such travel and other expenses incurred by him or her in connection with the activities of the Commission as the Minister may determine with the concurrence of the Minister of Finance.]
(a)A member of a council who is not in the full-time employment of the State, may receive out of the funds of that council in respect of his or her functions as member the allowances that the Minister in consultation with the Minister of Finance determines, subject to paragraph (b).
(b)The Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of allowances and reimbursement of expenses contemplated in paragraph (a).
NATIONAL ARTS COUNCIL ACT 56 OF 1997
ACT
To establish a juristic person to be known as the National Arts Council; to determine its objects, functions and method of work; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs; and to provide for matters connected therewith.
4.COMPOSITION OF COUNCIL, TENURE OF OFFICE AND FILLING OF VACANCIES
(1)Subject to section 20 (1) (a), the Council shall consist of nine provincial representatives and no fewer than nine and no more than [14] 18 other persons.
(2)Every province shall be represented by a representative who shall within the province in question be elected by a public and transparent process which shall be determined and overseen by the responsible member.
(3)(a)The other persons referred to in subsection (1) shall be appointed by the Minister from a short list of no more than 22 names.
(b)Nominations for inclusion in the short list shall be obtained from the public in the prescribed manner.
(c)An independent panel, appointed by the Minister, shall compile a short list from the nominations referred to in paragraph (b) after interviewing each nominee in public.
(d)Any member of the public may object in writing to the nomination of any person.
(4)[The members of the Council shall, as the occasion arises, elect-]
(a)The Minister shall appoint a chairperson from among the members who are not provincial representatives; and
(b)The members of the council shall elect a vice-chairperson from among all the members.
(5)If the chairperson is absent from a meeting of the Council, the vice-chairperson shall preside at that meeting, and if both the chairperson and vice-chairperson are absent from a meeting of the Council, the members present shall elect one of their members to preside at that meeting.
(6)(a)Subject to paragraph (b), a member of the Council shall hold office for a period not exceeding [three] four years and shall be eligible for reappointment after a further [three] four years have elapsed.
(b)At the end of the members' term of office, three members who are not provincial representatives, one of whom shall be an Executive Committee member, shall be re-elected by the [council] Council to serve for a further [three] four years, after which they shall not be eligible for reappointment until a further [three] four years have elapsed.
(c)A provincial representative may at any time before the expiry of his or her term of office be replaced by another representative elected as contemplated in subsection (2) but no individual representative shall hold office for a term exceeding four years.
(7)A member of the Council may at any time be removed from office by the Council if there is sufficient reason for doing so, subject to the approval of the Minister.
(8)Any vacancy on the Council shall be filled by election or appointment, as the case may be, in the manner in which the member who vacates the office was required to be elected or appointed, and any member so elected or appointed shall hold office for the unexpired portion of the period for which the member who vacates the office was elected or appointed.
(9)(a)No member shall serve on the Council on a full-time basis.
(b)Members of the Council shall, in respect of their service, receive such allowances as the Minister with the concurrence of the Minister of Finance may determine, either in general or in a particular case.
(10)Members of the Council shall not be eligible for grants from the Council during their term of office.
5.QUALIFICATIONS OF MEMBERS OF COUNCIL AND CIRCUMSTANCES UNDER WHICH THEY VACATE OFFICE
(1)(a)The members of the Council shall be persons who have special knowledge or experience in the arts or, in the case of the other persons referred to in section 4 (1), who have specialist skills which are not directly related to the arts but which would be beneficial to the Council.
(b)A member of the Council shall not hold office in any political party or political organisation.
(c)The composition of the Council shall be broadly representative of the gender, language and community composition of the Republic.
(2)No person shall be appointed or elected as a member of the Council-
(a)if that person is an unrehabilitated insolvent;
(b)if that person has been convicted of an offence and in respect thereof sentenced to imprisonment without the option of a fine; or
(c)unless that person is a South African citizen permanently resident in the Republic.
(3)A member of the Council shall vacate office if he or she-
(a)becomes disqualified in terms of subsection (2) from being appointed or elected as a member of the Council;
(b)is according to law detained as a mentally ill person;
(c)has, without the leave of the Council, been absent from three consecutive meetings of the Council;
(d)is removed from office as contemplated in section 4 (7); or
(e)resigns by written notice addressed to the [Minister] chairperson of the council.
(4)On receipt of a notice contemplated in subsection 3(e) the chairperson shall inform the Minister accordingly.
(5)The Minister may dissolve the council:
(a) on grounds of mismanagement; or
(b) on any other reasonable grounds.
6. FUNCTIONS OF COUNCIL
(1)Subject to subsection (3) and in order to achieve its objects, the Council may-
(a)render support, including, but not limited to, financial support, advice and information, to any person, organisation or institution;
(b)determine which field of the arts should have preference for the purpose of support thereof;
(c)investigate and determine the need for support of any person, organisation or institution;
(d)conduct research into any field of the arts;
(e)establish, compile and maintain databases, including, but not limited to, databases of persons, organisations, institutions, equipment and facilities connected with the arts;
(f)make bursaries available to students for local and overseas studies;
(g)liaise with the responsible members in order to promote the arts more effectively throughout the Republic and to ensure co-ordination in the distribution of funds at national and provincial level;
(h)make funds available to the responsible members for such distribution as the Council may determine;
(i)nationally and internationally facilitate and promote liaison between individuals and institutions;
(j)make grants to any person, organisation or institution in order to provide facilities to support the development and promotion of the arts;
(k)co-operate with any person, organisation and institution;
(l)grant study bursaries and loans;
(m)enter into agreements with any person, organisation or institution, upon such conditions as may be agreed upon;
(n)purchase or otherwise acquire, or possess, hire, alienate, let, pledge or otherwise encumber movable and, with the approval of the Minister, granted with the concurrence of the Minister of Finance, immovable property;
(o)with the approval of the Minister, granted with the concurrence of the Minister of Finance, on such terms and against such security as may be agreed upon, raise money by way of loans from any source; and
(p)generally, do everything which is necessary to achieve its objects.
(2)The Council shall-
(a)advise the Minister on matters concerning the arts;
(b)publish information on its objects and functions;
(c)perform such duties in respect of its objects as the Minister may assign to it;
(d)undertake or procure the undertaking of such investigations and research concerning its objects as the Minister may assign to it; [and]
(e)perform such other functions as may be assigned to it in terms of any other Act[.] ;and
(f)annually submit a business programme to the Minister for approval.
(3)The Council shall not itself establish, acquire or operate any organisation or institution connected with the arts, but may initiate projects which it considers necessary in pursuit of its objects, provided that such projects are undertaken in partnership with existing organisations or institutions which have the capacity to undertake such projects.
9.EXECUTIVE COMMITTEE
(1)The Council shall establish an executive committee-
(a)which shall consist of the chairperson, vice-chairperson and such other members of the Council as the Council may determine, but which shall not exceed [25 per cent] five members of the Council's total membership at the time; and
(b)which shall, subject to the direction of the Council, exercise the powers and perform the duties conferred or imposed upon the Council by or under this Act.
(2)The chairperson of the Council shall be the chairperson of the executive committee.
(3)(a)The executive committee shall meet at such times and places as the chairperson of that committee may direct.
(b)A quorum for a meeting of the executive committee shall be the majority of its members.
11.ADVISORY PANELS
(1)The Council may establish an advisory panel for every field of the arts it deems necessary.
(2)Every advisory panel shall consist of no more than five persons who have achieved distinction or have special knowledge or experience in the field of the arts in question, and who are not members of the Council.
(3)An advisory panel shall advise the Council on the merits of applications for grants and on any matter relating to the field of the arts for which it was appointed.
(4)Every meeting of an advisory panel shall be chaired by a Council member.
(5)The Council shall appoint persons to an advisory panel on the basis of nominations obtained from the public as prescribed.
(6)An advisory panel shall meet at least twice a year before Council meetings.
(7)A member of an advisory panel shall hold office for a period not exceeding [two] three years, and may be appointed on the same or a different panel after a further [two] three years have elapsed.
(8)A member of an advisory panel shall be appointed on such conditions, including conditions relating to remuneration for attending meetings and for services rendered, as the Minister may determine with the concurrence of the Minister of Finance.
(9)The Council may at any time terminate the membership of a member of an advisory panel if sufficient reason exists therefor.
(10)Members of advisory panels shall not be eligible for grants from the Council during their tenure.
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) The Council shall, on request of the Portfolio committee responsible for culture, send a delegation to the committee to answer questions on the report referred to in subsection (3).
NATIONAL FILM AND VIDEO FOUNDATION ACT 73 OF 1997ACT
To establish a juristic person to be known as the National Film and Video Foundation; to determine its objects, functions and method of work; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs; and to provide for matters connected therewith.
4.FUNCTIONS OF FOUNDATION
(1)Subject to subsection (3) and in order to achieve its objects, the Foundation may-
(a)render support, including, but not limited to, financial support, advice and information, to any person, organisation or institution;
(b)determine which field of the film and video industry should have preference for the purpose of support thereof;
(c)investigate and determine the need for support of any person, organisation or institution;
(d)conduct research into any field of the film and video industry;
(e)establish, compile and maintain databases, including, but not limited to, databases of persons, organisations, institutions, equipment and facilities connected with the film and video industry;
(f)make bursaries and loans available to students for local and overseas studies;
(g)liaise with a member of the executive council of each province designated by the Premier of the Province, in order to promote the film and video industry more effectively throughout the Republic and to ensure co-ordination in the distribution of funds at national and provincial level;
(h)make funds available to the members contemplated in paragraph (g) for such distribution as the Council may determine;
(i)nationally and internationally facilitate and promote liaison between individuals and institutions;
(j)make grants and grant loans to any person, organisation or institution in order to provide facilities to support the development and promotion of the film and video industry;
(k)co-operate with any person, organisation and institution;
(l)enter into agreements with any person, organisation or institution, upon such conditions as may be agreed upon;
(m)purchase or otherwise acquire, or possess, hire, alienate, let, pledge or otherwise encumber movable and, with the approval of the Minister, granted with the concurrence of the Minister of Finance, immovable property;
(n)with the approval of the Minister, granted with the concurrence of the Minister of Finance, on such terms and against such security as may be agreed upon, raise money by way of loans; and
(o)generally, do everything which is necessary to achieve its objects.
(2)The Foundation shall-
(a)at the request of the Minister advise the Minister on matters concerning the film and video industry;
(b)publish information on its objects and functions;
(c)perform such duties in respect of its objects as the Minister may assign to it;
(d)undertake or procure the undertaking of such investigations and research concerning its objects as the Minister may assign to it;
(e)in conjunction with the Departments of Trade and Industry and of Education, investigate the viability of establishing a national film school;
(f)promote the distribution and showing of local films and videos throughout the Republic and the showing of local films and videos on television;
(g)liaise with the Independent Broadcasting Authority to encourage the use of local content programmes on television; [and]
(h)approach the film and video industry and other interested parties for financial contributions to the Film and Video Initiative, referred to in section 18[.] ; and
(i)annually submit a business plan to the Minister for approval.
(3)(a)The Foundation shall not itself establish, acquire or operate any organisation or institution connected with the film and video industry, but the Council may, subject to the approval of the Minister and the Minister of Trade and Industry, establish a separate legal entity for purposes of investing in film and video projects in accordance with the objects of this Act.
(b)The Foundation may initiate such projects which it considers necessary in pursuit of its objects, provided that such projects are undertaken in partnership with existing organisations or institutions which have the capacity to undertake the projects.
6.ESTABLISHMENT AND COMPOSITION OF COUNCIL, TENURE OF OFFICE AND FILLING OF VACANCIES
(1)The Foundation shall act through a council consisting of no fewer than nine and no more than 14 members.
(2)(a)The members shall be appointed by the Minister from a short list of no more than 22 names.
(b)Nominations for inclusion in the short list shall be obtained from the public in the prescribed manner.
(c)An independent panel, appointed by the Minister, shall compile the short list from the nominations referred to in paragraph (b) after interviewing each nominee in public.
(d)Any member of the public may object in writing to the nomination of any person.
(3)(a)The first meeting of the Council shall be held at such time and place as the Minister may determine.
(b)The Director-General shall preside at that meeting.
(4)(a)The chairperson of the Council shall be appointed by the Minister from amongst the members of the Council and such person shall be the chairperson for the period for which he or she was appointed as a member of the Council.
(b)If the position of chairperson becomes vacant the Minister shall, subject to paragraph (a), appoint another member as chairperson.
(c)If the chairperson is absent from a meeting of the Council, the members present shall elect one of their members to preside at that meeting.
(5)(a)Subject to paragraph (b), a member of the Council shall hold office for a period not exceeding three years and shall be eligible for reappointment after a further three years have elapsed.
(b)At the end of the members' term of office, three members shall be re-elected by the Council to serve for a further three years, after which they shall not be eligible for reappointment until a further three years have elapsed.
(6) A member of the Council may at any time be removed from office by the Council if there is sufficient reason for doing so, subject to the approval of the Minister.
(7)Any vacancy on the Council shall be filled in the manner in which the member who vacates the office was required to be appointed, and any member so appointed shall hold office for the unexpired portion of the period for which the member who vacates the office was appointed: Provided that the Minister shall, if the vacancy occurs in the Council's first term, fill the vacancy by appointing a candidate from the short list.
(8)(a) No member shall serve on the Council on a full-time basis.
(b)Members of the Council shall, in respect of their service, receive such allowances as the Minister with the concurrence of the Minister of Finance may determine, either in general or in a particular case.
(9)Members of the Council shall not be eligible for grants from the Council during their term of office.
(10)The Minister may dissolve the council:
(a)on grounds of mismanagement; or
(b)on any other reasonable grounds.
9.EXECUTIVE COMMITTEE
(1)The Council shall establish an executive committee-
(a)which shall consist of the chairperson, vice-chairperson and [such] no more than four other members of the Council [as the Council may determine, but which shall not exceed 25 per cent of the Council's total membership at the time] determined by the Council; and
(b)which shall, subject to the direction of the Council, exercise the powers and perform the duties conferred or imposed upon the Council by or under this Act.
(2)The chairperson of the Council shall be the chairperson of the executive committee.
(3)(a)The executive committee shall meet at such times and places as the chairperson of that committee may direct.
(b)A quorum for a meeting of the executive committee shall be the majority of its members.
16.FINANCING
(1)The funds of the Foundation shall consist of-
(a)money appropriated by Parliament to finance the functions of the Council;
(b)money paid to the Council by users of its services;
(c)donations or contributions received from any source;
(d)interest on investments;
(e)money in the Funds established by section 18; and
(f)income derived under this Act from any other source.
(2)(a)The Foundation shall utilise its funds to defray expenses in connection with the performance of its functions: Provided that at least 75 per cent of the funds contemplated in subsection (1) (a) shall be distributed as grants in support of the film and video industry, unless otherwise approved by the Minister.
(b)The Foundation shall utilise any money contemplated in subsection (1) (a) in accordance with the statement of its estimated income and expenditure referred to in subsection [(3)] (6), as approved by the Minister: Provided that, subject to paragraph (a), the Foundation may utilise any amount or portion of any amount required to be so utilised for a particular purpose in connection with a specified matter, for any other purpose in connection with such matter: Provided further that the Foundation may with the approval of the Minister utilise any balance of such money remaining at the end of the financial year of the Foundation for any expenses in connection with the performance of its functions.
(c)The Foundation shall utilise any donations or contributions contemplated in subsection (1) (c) in accordance with the conditions, if any, imposed by the donor or contributor concerned.
(3)The Foundation may, in respect of any work completed or service rendered by it under this Act, charge such fees or make such other financial arrangements as it may deem fit.
(4)The Foundation may invest any unexpended portion of its funds with the Corporation for Public Deposits.
(5)The Foundation may establish such reserve funds and deposit therein such amounts as the Minister may approve, with the concurrence of the Minister of Finance.
(6)(a)The Foundation shall in each financial year, at such time as the Minister may direct, submit a statement of the Foundation's estimated income and expenditure during the following financial year, and the Foundation may also during the course of a financial year submit supplementary statements of the Foundation's estimated expenditure for that financial year, to the Minister for approval, granted with the concurrence of the Minister of Finance.
(b)The Foundation shall not incur any expenditure in excess of the total amount approved under paragraph (a).
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)The Council shall, on request of the Portfolio committee responsible for culture, send a delegation to the committee to answer questions on the report referred to in subsection (3).
GEOGRAPHICAL NAMES COUNCIL ACT 118 OF 1998
ACT
To establish a permanent advisory body known as the South African Geographical Names Council to advise the Minister responsible for arts and culture on the transformation and standardisation of geographical names in South Africa for official purposes; to determine its objects, functions and methods of work; and to provide for matters connected therewith.
4.TERM OF OFFICE
(1)A member of the Council is appointed for a period of three years.
(2)A member of the Council may be reappointed for a further period of three years.
(3)If a member dies or resigns, the Minister must appoint another person to fill that vacancy for the remaining portion of the term of office of that member.
(4)The Minister must, in consultation with the Council, appoint one of the members as chairperson of the Council to serve for a renewable term of three years.
(5)If the chairperson dies or resigns, the Minister must appoint another person as chairperson for the remaining portion of the term of the first-mentioned chairperson.
(6)A vice-chairperson is elected by the Council from among its members.
(7)The Minister may terminate a person's membership of the Council-
(a)if that member has been absent from three consecutive meetings of the Council without sufficient reasons; or
(b)on the recommendation of the Council for reasons which are fair and just.
(8)The Minister may dissolve the council:
(a)on grounds of mismanagement; or
(b)on any other reasonable grounds
8. ALLOWANCES OF MEMBERS OF COUNCIL AND SUBCOMMITTEES
[The Minister may, with the concurrence of the Minister of Finance, determine the allowances payable to members of the Council and any subcommittee it may establish who are not in the full-time employ of the State.]
(a)A member of a council and any subcommittee who is not in the full-time employment of the State, may receive out of the funds of that council in respect of his or her functions as member the allowances that the Minister in consultation with the Minister of Finance determines, subject to paragraph (b).
(b)The Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of allowances and reimbursement of expenses contemplated in paragraph (a).
9.POWERS AND DUTIES OF COUNCIL
(1)The Council must-
(a)set guidelines for the operation of Provincial Geographical Names Committees;
(b)set standards and guidelines for local and provincial authorities in their respective areas of jurisdiction;
(c)receive proposed geographical names submitted by State departments, statutory bodies, provincial governments, municipalities and other bodies or individuals;
(d)recommend geographical names falling within the national competence to the Minister for approval;
(e)advise the Minister on-
(i)he standardisation of proposed new geographical names;
(ii)existing geographical names not yet standardised;
(iii)the changing, removing or replacing of geographical names; and
(iv)geographical names and their orthography;
(f)in consultation with provincial governments, identify existing geographical names in need of revision, and co-ordinate requests for advice on geographical names and standardisation;
(g)communicate decisions and relevant information on geographical names approved in terms of section 10(1) effectively to the various State departments, the public, and all other users of geographical names at national and international level by means of gazetteers, lists, maps and other published and electronic media;
(h)liaise with-
(i)national and international organisations concerned with geographical names; and
(ii)cultural, historical and linguistic organisations;
(i)in consultation with the Minister and the Provincial Geographical Names Committees, formulate policies, principles and procedures, taking cognisance of the United Nations resolutions and international practice with reference to the standardisation of geographical names;
(j)perform any other duty imposed on it by this Act or any other law[.] ;
(k)annually submit a business plan to the Minister for approval.
(2)The Council may-
(a)exercise any power conferred on it by this Act or any other law; and
(b)generally, do everything which is necessary to perform its duties referred to in subsection (1).
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)The Council shall, on request of the Portfolio committee responsible for culture, send a delegation to the committee to answer questions on the report referred to in subsection (3).
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