Cultural Laws Second Amendment Act

7 December 2001 No. 22915 THE PRESIDENCY No. 1316 7 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 69 of 2001: Cultural Laws Second Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure GOVERNMENT 22915 No. 2 GAZETIT, 7 DECEMBER 2001 Act No. 69,2001 CULTURAL LAWS SECOND AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in existing enactments. square brackets indicate omissions from Words underlined with a existing enactments. solid line indicate insertions in (English text signed by the President.) (Assented to 4 December 2001 .) ACT Act, 1998, so as to further regulate the of a council; to empower the Minister to To amend the Cultural Institutions amalgamation of declared institutions; to provide that a declared institution may in certain circumstances without prior approval of the Minister sell or otherwise alienate any specimen, collection or other movable property; to further regulate the constitution of a council; to further regulate the vacation of office by members of a council; to provide for the dissolution determine criteria for the allowances payable to and reimbursement of expenses incurred by members of the council; to empower chairperson of a council; to provide for the submission by a council of a business plan and an annual report to the Minister; and to provide for the tabling of the annual report in Parliament Council Act, 1999, so as to empower the Minister to appoint a chairperson for the Council; to provide for the dissolution of the Council; to empower the Minister to determine criteria for the allowances payable to and reimbursement of expenses incurred by members of the Council; and to provide for the submission by the Council of a business plan to the Minister; and to provide for matters connected therewith. by the Minister; to amend the National Heritage the Minister to appoint the B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 3 of Act 119 of 1998

1. Section 3 of the Cultural Institutions Act, 1998, is hereby amended- (a) by the substitution for subsection (3) of the following subsection: 5 “(3) The Minister may by notice in the Gazette declare that [an] 2 declared institution or any other institution must be amalgamated with a flagship institution established by section 6(1) or (2).”; and (bj by the addition of the following subsections: “(4) The Minister may by notice in the Gazette declare that a declared 10 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).” 4 No. 22915 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 69,2001 CULTURAL LAWS SECOND AMENDMENT ACT, 2001 Amendment of section 4 of Act 119 of 1998

2. Section 4 of the Cultural Institutions Act, 1998, is hereby amended by the substitution for subsection (6) of the following subsection: “ ( 6 ) (uJ A declared institution may not [, without prior approval of the Minister,] sell or otherwise alienate any specimen, collection or other movable property. (b) The Minister may in a particular case exempt a declared institution from the 5 prohbition referred to in paragraph (a).”. Amendment of section 5 of Act 119 of 1998

3. Section 5 of the Cultural Institutions Act, 1998, is hereby amended- ( a ) by the insertion of the following subsection after subsection (1): 10 “( 1A) The director of a declared institution serves ex officio and h a m voting powers.”; (b) by the insertion of the following subsection after subsection (2): “(2A) The chief executive officer of a flagship institution serveEx 15 officio and has no voting powers.”; ( c ) by the substitution for subsection (9) of the following subsection: “(9) A member of a council must vacate [the] office if [the member]- ( a ) that member resigns in writing; (b) that member has been absent from three consecutive meetings of 20 the council without its leave; that member is an unrehabilitated insolvent; (c) (d) that member is found to be of unsound mind by a court of law; ( e ) that member is convicted of an offence involving dishonesty or bodily harm and is sentenced to imprisonment without the option of a fine; [or] that member materially breaches institution; g of ethics of the the code 25 cfi (g) on reasonable grounds, the majority of the council so recom- mends and the recommendation is accepted by the Minister.”; 30 (d) by the insertion after subsection (9) of the following subsection: “(9A) The Minister may dissolve a council on any reasonable grounds.”; and ( e ) by the substitution for subsection (10) of the following subsection: “(10)(a) Subject to paragraph (b), a member of a council who is not in the full-time employment of the State may receive out of the funds of& council in question, in respect of his or her functions as a member, honoraria and reimbursement for expenses as the council in question may determine. (6) The Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of the honoraria and reimbursenw of expenses contemplated in paragraph (a).”. 35 40 Amendment of section 6 of Act 119 of 1998

4. Section 6 of the Cultural Institutions Act, 1998, is hereby amended by the addition to subsection (4) of the following paragraph: “(c) The chief executive officer- (i) serves for a renewable term of five years; and (ii) must enter into a performance agreement with the relevant council b e f e taking up his or her post as chief executive officer.”. Amendment of section 7 of Act 119 of 1998 45 50

5. Section 7 of the Cultural Institutions Act, 1998, is hereby amended by substitution for subsections (1) and (2) of the following subsections, respectively: the “( 1) The chairperson of a council is [elected] appointed by the Minister from the appointed members of the council and holds office for the period or the unexpired portion of the period for which he or she has been appointed as member of the council [, unless the council otherwise determines]. 55 6 No. 22915 GOVERNMENT GAZETTE. 7 DECEMBER ;!001 Act No. 69,2001 CULTURAL LAWS SECOND AMENDMENT ACT. 2001 (2) If the chairperson of a council vacates the office as chairperson before the expiration of the period for which he or she was appointed, another member of the ( I ) , be [elected] appointed by the Minister as council must, subject to subsection chairperson of the council from the appointed members of council.”. Amendment of section 8 of Act 119 of 1998 5

6. Section 8 of the Cultural Institutions Act, 1998, is hereby amended by the addition of the following subsections: “(6) A council must not later than one month before the commencement of each financial year, submit a business plan covering the next three years :a containing such information as may be prescribed by the Minister for his, or her approval. 10 (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 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. report referred (9) Within five months after the 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.”. report has been Amendment of section 6 of Act 11 of 1999

7. Section 6 of the National Heritage Council Act, 1999, is hereby amended- (a) by the substitution for subsection (3) of the following subsection: “(3) ( a ) The Minister shall appoint a chairperson from among I@ members who are appointed in terms of section 5 ( l ) ( a ) . (411 The members of the Council shall, as the occasion arises, elect[- (a) a chairperson from among the members who are ap- terms pointed in of section 5(l)(u); and (b)] a vice-chairperson from among all the members.”; and (b) by the insertion after subsection ( 5 ) of the following subsection: 15 20 25 30 “(5A) The Minister may dissolve the Council on any reasonable - grounds.”. Substitution of section 9 of Act 11 of 1999 35

8. The following section is hereby substituted for section 9 of the National Heritage Council Act, 1999: “Honoraria and reimbursement of expenses 9. (1) Subject to subsection ( 2 ) , a member of the Council or of any committee thereof who is not in the full-time employment of the State may 40 be paid honoraria, and be reimbursed for expenses incurred for service performed by him or her as such a member, as thecouncilmay determine. ( 2 ) The Minister, with the concurrence of the Minister of Finance, mug determine criteria for payment of the honoraria and the reimbursement of expenses contemplated in subsection (l).”. 45 Amendment of section 10 of Act 11 of 1999

9. Section 10 of the National Heritage Council Act, 1999, is hereby amended by the deletion in subsection (1) of the word “and” at the end of paragraph ( j ) and the insertion of the following paragraph after paragraph 0): “CjA) not later than one month before the commencement of each financial ye23 50 5: h information as may be prescribed to the Minister for his or her approval; and”. - 8 No. 22915 GOVERNMENT GAZETTE, 7 DECEMBER 2001 - Act No. 69,2001 CULTURAL LAWS SECOND AMENDMENT ACT, 2001 Amendment of section 13 of Act 11 of 1999

10. Section 13 of the National Heritage Council Act, 1999, is hereby amended by the addition of the following subsection: “(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.”. 5 Short title and commencement

11. This Act is called the Cultural Laws Second Amendment Act, 2001, and comes into operation on a date determined by the President by proclamation in the Gazette.