SOUTH AFRICAN GEOGRAPHICAL NAMES
COUNCIL ACT AMENDMENTS
To establish a permanent
advisory body known as the South African Geographical Names Council to advise
the Minister responsible for arts and culture geographical names on the
transformation and standardisation of geographical names in South Africa for
official purposes; to determine its objects, functions and methods of work; to establish provincial geographical names
committees to advise the relevant MEC’s in the province and to provide for
matters connected therewith.
1 Definitions
“MEC” means the member of the executive
council in the Provinces responsible for geographical names;
Local competence means
the jurisdiction provided for in sections 12(3)(d) and 16(1)(b) of the
Municipal Structures Act, 1998;
2A Establishment and objects of Committees
(1) The MEC shall establish a body to be known as the
Provincial Geographical Names Committee.
(2) The MEC shall by regulations in the provincial
gazette prescribe the composition and functions of the committee.
(3) The objects of the Committee are-
(a) to
facilitate the establishment of local Geographical Names Committees, in
collaboration with of the relevant municipal Council;
(b) to
promote the standardisation of geographical names;
(c) to
facilitate the transformation process for geographical names;
(d) to
promote the use of standardised South African geographical names at local and
provincial level;
(e) to
ensure the implementation of standardised geographical names in the province;
and
(f) to
promote awareness of the economic and social benefits of the standardisation of
geographical names.
6 Executive functions of Council
(1) The executive functions of the Council must be
performed by a section established by the Director-General in terms of the
Public Service Act, 1994 (Proclamation 103 of 1994).
(2) The functions of the section are to-
(a) perform
administrative, communication and secretarial services; and
(b)
establish
and maintain a research section and the necessary infrastructure, incorporating
a computerised database, a library, reference material and document archives.
9 Powers and
duties of Council
(1) The Council must-
(a) set
guidelines for the operation of Provincial Geographical Names Committees;
(b) set prescribe standards
and guidelines for local and provincial authorities in their respective
areas of jurisdiction, including but
not limited to the processes of evaluation, consultation and recommendation of
a geographical name to the Council;
(c) receive
proposed geographical names submitted by State departments, statutory bodies,
provincial governments, municipalities and other bodies or individuals as prescribed;
(d) recommend
geographical names falling within the national competence to the Minister for
approval;
(e) advise
the Minister on-
(i) the 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; and
(k) not
later than one month before the commencement of each financial year, submit a business
plan containing such information as may be prescribed to the Minister for his
or her 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).
10 Approval and revision of geographical names
(3) Any
person or body dissatisfied with a geographical name approved by the Minister
may, within one month from the date of publication of the geographical name in
the Gazette, lodge a complaint in writing to the Minister.
(4) The
Minister may refer the complaint to the Council for advice whether or not to
reject or amend a geographical name so approved.
(5) The
Minister must inform the complainant of the decision on the complaint and the
reasons for the decision.
12 Regulations
(1) The
Minister must make regulations as to the criteria to be followed when deciding
whether or not a geographical name should be regarded as a national, provincial
or local competence.
(2) The Minister must make regulations regarding any
matter referred to in section 3.
(3) The Minister may, after consultation with the Council, make
regulations regarding (a) any other
matter which is required or permitted to be prescribed under this Act;
(b) generally, any matter which is necessary
or expedient to be prescribed in order to achieve the objects of this Act.
(4) The regulations may provide that any
person contravening any regulation or failing to comply therewith is guilty of
an offence and liable on conviction to a penalty not exceeding that prescribed
in the regulations.
12A Application
and Enforcement of Act
(1) This Act takes precedence over any
legislation conferring the authority to standardise geographical names.
(2) An application to court may be made
concerning any alleged violation or threatened violation of the Act resulting
from the non-compliance or compliance with the obligations contained in this Act.
(4) No person may register, publish,
propagate, advocate or communicate geographical names based on one or more of
the prohibited grounds that the name(s) could reasonably be construed to
demonstrate a clear intention to-
(a) be hurtful;
(b) be harmful or to incite harm;
(c) promote or propagate hatred.
12B Offences
(1) Any person who violates a provision of the Act resulting from the
non-compliance or compliance with the obligations contained in this Act is guilty
of an offence and liable to a fine or imprisonment for a period not exceeding
twelve months or both such fine and imprisonment.
13 Short
title and commencement
This Bill is called the South African Geographical
Names Council Amendment Bill, 2004, and comes into operation on a date fixed by
the President by proclamation in the Gazette.