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.

 

[Para. (k) added by s. 34 of Act 36 of 2001.]

 

            (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.

(3)        A Court, in proceedings under this section, may grant such remedy as it considers appropriate and justifiable in the circumstances.

(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.