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South Africa Act or statute

Parliament of the Republic of South Africa

Cultural Laws Amendment Act, 2001

This section amends section 1 of Act 18 of 1962. This provision amends several definitions in the Heraldry Act, 1962, including “differencing,” “family coat of arms,” “Minister,” and “municipal.” Council or committee…

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Jurisdiction
South Africa
Structure
40 provisions
Citation
Act 36 of 2001
Dates
updated 7 Dec 2001
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Dates
updated 7 Dec 2001

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“This section amends section 1 of Act 18 of 1962.”

This section amends section 1 of Act 18 of 1962. This provision amends several definitions in the Heraldry Act, 1962, including “differencing,” “family coat of arms,” “Minister,” and “municipal.” Council or committee members must vacate office if specified conditions occur, and the Minister may dissolve the council or committee on reasonable grounds. The Minister must table a copy of the report in Parliament within 14 days, with timing depending on whether Parliament is sitting. A delegation made up of the state herald and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology within five months after the report is tabled. This section amends the Board appointment rules and gives the Minister power to dissolve the Board on reasonable grounds.

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Substitution 21Amendment 8Commencement 7Repeal 2
§ 7December 2001 No. 22911Amendment

This section amends section 1 of Act 18 of 1962.

7 December 2001 No. 22911 THE PRESIDENCY No. 1312 7 December 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 36 of 2001: Cultural Laws Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22911 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 36.2001 CTJLTIJRAL LAWS AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: r ] Words in bold type in existing enactments. Words underlined with existing enactmenl:s. square brackets indicate omissions from a solid line indicate insertions in (English text signed by the President.) (Assented to 4 December 2001.) ACT of membership ofthe Act, 1995, so as to further regulate the To amend the Heraldry Act, 1962, so as to amend certain definitions and to define an expression; to provide for the vacation of office by members of the council, and the dissolution of the council; and to replace an obsolete reference; to amend the Pan South African Language Board composition of the Board; to further regulate the termination Board; to provide for the dissolution of the Board; and to empower the Minister to determine criteria for the honoraria payable to and reimbursement of expenses incurred by members of the Board; to amend the National Archives of South Africa Act, 1996, so as to rename the National Archives of South Africa; to further regulate the appointment of the National Archivist; to make provision for the establishment of the National Archives A-dvisory Council in place of the National Archives Commission; to provide for the submission by the Council of a business plan to the Minister; and to empower the Minister to determine criteria for the allowances payable to and reimbursement of expenses incurred by members of the Council; to amend the National Arts Council Act, of tenure of the members; membership of the National Arts Council and the period to empower the Minister to appoint the chairperson of the Council; to further regulate the circumstances under which a member of the Council vacates office; to provide for the dissolution of the Council; to provide for the submission by the Council of a business plan to the Minister; to further regulate the composition of the executive committee; and to extend the period of tenure of a member of an advisory panel; to amend the National Film and Video Foundation Act, 1997, so as to empower the National Film and Video Foundation to establish a separate legal entity for purposes of investing in film and video projects; to provide for the submission by the Council of a business plan to the Minister; to provide for the dissolution of the Council; to further regulate the composition of the executive committee; and to effect a textual amendment; to amend the South African Act, 1998, so as to empower the Minister to Geographical Names Council determine criteria for the honoraria payable to and reimbursement for 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. 1997, so as to extend the E IT ENACTED by the Parliament of the Republic of South Africa, as B fol~ows: 4 No. 2291 1 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT, 2001 7 Amendment of section 1 of Act 18 of 1962, as amended by section 1 of Act 63 of 1980 and section 1 of Act 49 of 1996
Section 7Verify source
§ 1Section 1 of the Heraldry Act, 1962, is hereby amended by the-Substitution

This provision amends several definitions in the Heraldry Act, 1962, including “differencing,” “family coat of arms,” “Minister,” and “municipal.”

1. Section 1 of the Heraldry Act, 1962, is hereby amended by the- ( a ) substitution for the definition of “differencing” of the following definition: “ ‘differencing’ means the incorporation of a brisure in a heraldic representation i n conformity with the principles and rules of heraldry in order to distinguish between the different owners of such [representa- tion] representam;”; (b) insertion after the definition of “differencing” of the following definition: 5 “ ‘family coat of arms’ means any coat of arms borne by a natural person;”; 10 (c) substitution for the definition of “Minister” of the following definition: ‘’ ‘Minister’ means the Minister [of National Education] responsible for Heraldry;”; and (d) substitution for the definition of “municipal” of the following definition: 15 “ ‘municipal’ means of or belonging to [an institution or body referred to in section 84(l)@(i) or (ii) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 196111 a municipality contem- plated in Chapter 7 of the Constitution;”. Amendment of section 6 of Act 18 of 19162 20
Section 1Verify source
§ 2Section 6 of the Heraldry Act, 1962, is hereby amended by the addition of theAmendment

Council or committee members must vacate office if specified conditions occur, and the Minister may dissolve the council or committee on reasonable grounds.

2. Section 6 of the Heraldry Act, 1962, is hereby amended by the addition of the following subsections: “(6) A member of the council or O F the committee shall vacate office if- (a) that member resigns in writing; (b) that member has been absent from three consecutive meetings of the council 25 or committee, as the case may be, 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 u) that member materially breaches the code of ethics of the institution; or (8) on reasonable grounds, the majority of the council or committee, as the case and is sentenced to imprisonment without the option of a fine; 30 may be, so recommends. (7) The Minister may dissolve the council or the committee on any reasonable grounds.”. 35 Amendment of section 24 of Act 18 of 19162
Section 2Verify source
§ 3Section 24 of the Heraldry Act, 1962, is hereby amended-Commencement

The Minister must table a copy of the report in Parliament within 14 days, with timing depending on whether Parliament is sitting. A delegation made up of the state herald and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology within five months after the report is tabled.

3. Section 24 of the Heraldry Act, 1962, is hereby amended- (a) by the substitution for subsection (2) of the following subsection: “(2) The Minister shall [lay] @bJ a copy of such report [on the Table of the Senate and of the House of Assembly] in Parliament within 14 40 days after receipt thereof if Parliament is then [in ordinary session] sitting or, if Parliament is not then [in ordinary session] sitting, within 14 days after the commencement of [its] 9 next ensuing [ordinary session] sitting of Parliamenl.”; and (b) by the addition of “(3) Within five months after the report has been tabled, a delegation the following subsection: 45 consisting of the state herald and at least two other council members must brief the IJortfolio Committee on Arts, Culture, Science and Technology on the annual report.“. 6 No. 22911 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 36,2001 CULTLRAL LAWS AMENDMENT ACT. 2001 Amendment of section 5 of Act 59 of 1995, as amended by section 4 of Act 10 of 1999
Section 3Verify source
§ 4Section 5 of the Pan South African Language Board Act,Substitution

This section amends the Board appointment rules and gives the Minister power to dissolve the Board on reasonable grounds.

4. Section 5 of the Pan South African Language Board Act, 1995, is hereby amended- (a) by the substitution in subsection (1) for paragraph (a) of the following paragraph: 5 “(a) The Minister, after having followed the procedure provided for in subsection (3). shall appoint [as members of the Board- not] no fewer than^ 11. [but not] and no more than 15 persons members of the Board [who, when viewed collectively, are as representative as possible of the official languages as well as 10 language skills, inclluding but not limited translation, terminollogy and lexicography, language and lit- eracy teaching and language planning; three persons who &all be language planners; five persons who shall have special knowledge matters in South Africa; and one person who shall be a legal expert with special knowledge language legislation].”; and of language 15 to, interpreting, of - - - (b) by the substitution for subsection (2) of the following subsection: “(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 collectivcQ be broadly representative of the diversity of the [South African community; languages; and] users of the official (d) be supportive of the principle of multilingualism& (e) have language skills, which may include skills in interpreting, and translation, terminology and lexicography, literacy teaching language p l a n n i n g , a v e financial and legal expertise with special knowledge of language, legislation.”; (c) by the deletion in sublsection (4) of the word “or” at the end of paragraph (b), the addition of the word “or” at the end of paragraph (c) and the addition to that subsection of the following paragraph: “ ( d ) if, on reasonable grounds, the majority of the members of the Board so r e c o r n m e w ’ ; and (d) by the insertion of the following subsection after subsection (5): “(5A) The Minister may dissolve the Board on any reasonable grounds.”. 20 2s 30 3s Amendment of section 12 of Act 59 of 19’95, as amended by section 11 of Act 10 of 1999 40
Section 4Verify source
§ 5Section 12 of the Pan South African Language Board Act, 1995, is hereby amendedSubstitution

A delegation made up of the board chairperson and at least two other board members must brief the Portfolio Committee on the annual report within five months after the report is tabled.

5. Section 12 of the Pan South African Language Board Act, 1995, 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 board and at least two other board members must brief the Portfolio Committee on the annual report.”. 45 Substitution of section 13 of Act 59 of 1995, as amended by section 12 of Act 10 of 1999
Section 5Verify source
§ 6The following section is hereby substituted for section 13 of the Pan South AfricanSubstitution

Board members or committee members may be paid honoraria and reimbursed expenses, subject to subsection (2) and Parliament-appropriated funds; the Minister must set the payment criteria with the Minister of Finance’s concurrence.

6. The following section is hereby substituted for section 13 of the Pan South African Language Board Act, 1995: “Honoraria for and reimbursement of members of Board 50 13. (1) [A] SubJect to subsection (2), a member of the Board or of any committee thereof may, from moneys appropriated by Parliament for that purpose, be paid such [remuneration and allowances] honoraria, and be reimbursed for such expenses incurred for services performed by him or her 8 No. 22911 GOVERNMENT GAZE’ITE, 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT, 2001 as such consultation with the Minister of Finance1 the Board mav determine a member, as [may be determined by the Minister ~~~~ ~. ~ in (2) The Minister., with the concurrence of the Minister of Finance, must determine criteria for payment of the honoraria and the reimbursement of expenses contemplated in subsection (l).”. 5 Amendment of section 1 of Act 43 of 19916
Section 6Verify source
§ 7Section 1 of the National Archives of South Africa Act, 1996, is hereby amended-Substitution

This section amends section 1 by replacing the definitions of “Commission” and “National Archives”.

7. Section 1 of the National Archives of South Africa Act, 1996, is hereby amended- the definition of “Commission” of the following (a) by the substitution for definition: “ ‘[Commission] Council’ means the National Archives [Commis- -- ~ion] Advisory Council contemplated in section 6;”; and (b) by the substitution for the definition of “National Archives” of the following definition: ‘‘ ‘National Archives’ means the National Archives and Records Service of South Africa established by section 2;”. Substitution of section 2 of Act 43 of 19986
Section 7Verify source
§ 8The following section is hereby substituted for section 2 of the National ArchivesSubstitution

This section substitutes a new section 2 dealing with the establishment of the National Archives and Records Service of South Africa.

8. The following section is hereby substituted for section 2 of the National Archives of South Africa Act. 1996: 10 15 “Establishment of National .Archives and Records Service of South Africa 20
Section 8Verify source
§ 2There is hereby established a branch of the public service of theAmendment

A branch of the public service called the National Archives and Records Service of South Africa is established.

2. There is hereby established a branch of the public service of the Republic to be known as the National Archives and Records Service of South Africa.”. Amendment of section 4 of Act 43 of 1996
Section 2Verify source
§ 9Section 4 of the National Archives of South Africa Act, 1996, is hereby amendedSubstitution

The Minister must appoint an experienced and qualified National Archivist after consulting the Public Service Commission, and the National Archivist must manage the National Archives under the Director-General’s direction.

9. Section 4 of the National Archives of South Africa Act, 1996, is hereby amended 25 by the substitution for subsectio~~ (1) of the following subsection: “(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 No. 103 of 1994), on such grade as the Minister may determine. (b) The National Archivist shall rnanage the National Archives under the direction of the Director-General: Arts: Culture, Science and Technology.”. 30 Amendment of section 5 of Act 43 of 1996
Section 9Verify source
§ 10Section 5 of the National Archives of South Africa Act, 1996,Substitution

This section amends section 5 of the National Archives of South Africa Act, 1996, adding a power to exempt a governmental body from the Act and requiring publication of the appraisal policy and lists of records that may be destroyed.

10. Section 5 of the National Archives of South Africa Act, 1996, is hereby 35 amended- (a) by the substitution in subsection (1) for paragraph (d) of the following paragraph: “ ( d ) on the advice of the Council and with the concurrence of the Minister [and the Comnnission] exempt a governmental body from any provision of this Act; &”; and (b) by the addition to subsection (1) cd the following paragraph: 40 “(e) publish the appraisal policy and lists of records that may be destroyed.”. Substitution of section 6 of Act 43 of 1996 45
Section 10Verify source
§ 11The following section is hereby substituted for section 6 of the National ArchivesSubstitution

The Minister must establish the National Archives Advisory Council, set appointment conditions, and determine allowance criteria; the Council may appoint committees, assign functions, and co-opt advisory members.

11. The following section is hereby substituted for section 6 of the National Archives of South Africa Act, 1996: 10 No. 22911 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT. 2001 “Establishment, constitution and functions of National Archives Advisory Council 6. (1) The Minister shal!l by notice in the Gazette establish a [commission] council to be known as the National Archives [Commission] Advisory Council. 5 ( 2 ) The [Commission] -- Council shall consist of [the National Archivist -- and]- @J not more than [nine other] & members appointed by the Minister from among persons who are knowledgeable of or have an interest in archival matters; @ (b) every chairperson advising on of the various provincial councils archives or, in. the absence of such a provincial council, a representa- tive for the province in question elected through a public and shall be determined and overseen by the transparent process which responsible member of the Executive Council of that province. (3) The procedures and other conditions for appointment as a member of the [Commission] Council sbdl be as prescribed. (3A) The Minister may dissolve the Council on any reasonable grounds. (4) The functions of the [Commission] Council shall be to- ~ ~ ~~~ [in carrying out] 0“ Director-General: Arts, Culture, Science advise the Minister &he and Technology on any matter related to the operation of this Act; advise [and assist] the National Archivist furthering the objects and functions of the National Archives; [promote the co-ordination of archival policy formulation and planning at national and provincial levels] advise and consult with the protection of the South African Heritage Resources Agency on records forming part of the National Estate; [exercise the powers contemplated in sections 5(2)(d) and 12(3) of this Act; approve the appraisal policy of the National Archives and monitor its implementation] g m l t with the Public Protector on investiga- tions into the unauthorised destruction of records otherwise protected under this Act& [maintain a national list of non-public records in South Africa which, in the opinion of the Commission, have enduring value] annually submit B business plan to the Minister for approval: ( 5 ) The [Commission] Coul~cil may appoint committees from amongst its members and may assign its functions as it may (deem fit: Prmovided that the [Commission] Council shall not be divested of any function which it has so assigned and may amend or revoke a decision of such a co~mmittee. 1.0 any committee so appointed such of (6) The procedure at meetings of the [Commission] Council and of a committee shall be as prescribed. (7) The [Commissibn] -- Council or any committee may, subject to the co-opt any person to serve on the [Commission] approval of the Mir- Council 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) @J [An ordinary] Subject to paragraph (b), a member of the Council 1, or a co-opted member referred to in subsection (7L1 who is not in the from’the funds of the full-time service of the State, [shall be paid Commission such travel and other expenses incurred by him or her in connection with the activities of the Commission] may receive in respect of his or her functions as a member of the Council such allowances as the Minister may determine with the concurrence of the Minister of Finance. (b) The Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of allowances contemplated in paragraph W” . 10 15 20 25 30 35 40 45 50 55 12 No. 22911 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT. 2001 Substitution of section 7 of .4ct 43 of 1996
Section 11Verify source
§ 12The following section i:j hereby substituted for section 7 of the National ArchivesSubstitution

This section substitutes a new version of section 7 of the National Archives of South Africa Act, 1996, headed “Secretary and staff of Council.”

12. The following section i:j hereby substituted for section 7 of the National Archives of South Africa Act, 1996: “Secretary and staff of Council
Section 12Verify source
§ 7The administrative and secretarial functions of the Council must beRepeal

The Council’s administrative and secretarial functions must be carried out by a section established by the Director-General.

7. The administrative and secretarial 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).”. 5 Repeal of sections 8 and 9 of Act 43 of 1996
Section 7Verify source
§ 13Sections 8 and 9 of the National Archives of South Africa Act, 1996, are herebyRepeal

Sections 8 and 9 of the National Archives of South Africa Act, 1996 are repealed.

13. Sections 8 and 9 of the National Archives of South Africa Act, 1996, are hereby repealed. 10 Substitution of section 10 of Act 43 of 11996
Section 13Verify source
§ 14The following section is hereby substituted for section 10 of the National ArchivesCommencement

The National Archivist and the Council must prepare annual activity reports, the Minister must table them in Parliament, and a delegation must brief the Portfolio Committee within five months after tabling.

14. The following section is hereby substituted for section 10 of the National Archives of South Africa Act. 1996: “Annual reports 10. (1) As soon as practicable after the end of each financial year the 15 National Archivisl: shall compile a report on all the activities of the National Archives during that financial year, and the [Commission] Council shall compile a report on all the activities of the [Commission] Council during that financial year. (2) The report of the National Archivist (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 shall include- 20 investigated by the National Archives; and (d) an account of all governmental bodies which have failed to comply 25 with this Act. (3) The report of the National Archivist and of the [Commission] Council, together with the audited annual financial statements pertaining to the funds of the [C!ommission] Council, shall be submitted to the Minister, and the Minister shall [lay them upon the Table] table them in Parliament 30 within 14 days after receipt thereof if Parliament is then [in session] sitting, [in session] s i t t m g , within 14 days of the or if Parliament is not then commencement of the next [session] sitting of Parliament. (4) Within five months after the reports have been tabled, a delegation c o n s i s t l n g o f a t i o n a l Archivist and Council must brief the Portfolio Committee on Arts, Culture, Science and Technology on the reports.”. at least two members of the 35 Amendment of section 12 of Act 43 of 1996
Section 14Verify source
§ 15Section 12 of the National Archives of South Africa Act, 1996, is hereby amendedSubstitution

The National Archivist may refuse access to a record if it is fragile, and a refusal can be appealed to the Director-General.

15. Section 12 of the National Archives of South Africa Act, 1996, is hereby amended by the substitution for subsection (3) of the following subsection: “(3) Notwithstanding subsections (1) and (2), the National Archivist may refuse access to a record on the grounds of its fragile condition, provided that there shall be a right of appeal to the [Commission] Director-General against the refusal.”. Amendment of section 13 of Act 43 of 1996
Section 15Verify source
§ 16Section 13 of the National Archives of SouthAfrica Act, 1996, is hereby amendedSubstitution

Section 13(2)(a)(ii) is amended so that it refers to a final ruling by the Minister when unresolvable differences arise between the National Archivist and the Council.

16. Section 13 of the National Archives of SouthAfrica Act, 1996, is hereby amended by the substitution in subsection (2)(a) for subparagraph (ii) of the following subparagraph: “(ii) a final ruling by the Minister when unresolvable differences arise between the National Archivist and the [Commission] Council;”. 40 45 50 14 No. 22911 GOVERNMENT GAZETTE, 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT, 2001 Amendment of section 14 of Act 43 of 1996
Section 16Verify source
§ 17Section 14 of the National Archives of South Africa Act, 1996, is hereby amendedAmendment

This section amends section 14 of the National Archives of South Africa Act, 1996 by deleting subsection (6).

17. Section 14 of the National Archives of South Africa Act, 1996, is hereby amended by the deletion of subsection (6). Amendment of section 16 of Act 43 of I996
Section 17Verify source
§ 18Section 16 of the National Archives of South Africa Act, 1996, is hereby amendedSubstitution

This provision amends Section 16 of the National Archives of South Africa Act, 1996 by deleting paragraph (b) of subsection (2).

18. Section 16 of the National Archives of South Africa Act, 1996, is hereby amended 5 by the deletion of paragraph (,b) of subsection (2). Substitution of section 20 of Act 43 of 1.996
Section 18Verify source
§ 19The following section is hereby substituted for section 20 of the National ArchivesShort title

This section substitutes a new section 20 of the National Archives of South Africa Act, 1996, titled “Short title and commencement”.

19. The following section is hereby substituted for section 20 of the National Archives of South Africa Act, 1996: “Short title and commence~ment 10
Section 19Verify source
§ 20This Act shall be called the National Archives and Record Service ofShort title

This section gives the Act its short title and says it starts on a date set by the President in the Gazette.

20. This Act shall be called the National Archives and Record Service of South Africa Act, 1996, and shall come into operation on a date to be fixed by the President by proclamation in the Gazette.”. Substitution of long title of Act 43 of 19’96
Section 20Verify source
§ 20The following long title is hereby substituted for the long title of the National 15Substitution

This provision replaces the long title of the National Archives of South Africa Act, 1996.

20. The following long title is hereby substituted for the long title of the National 15 Archives of South Africa Act, 1996: therewith.”. connected National Archives and Record Service; the proper “To provide for a management and care of the records of governmental bodies; and the preservation and use of a national archival heritage; and to provide for matters 20 Amendment of section 4 of Act 56 of 1997
Section 20Verify source
§ 21Section 4 of the National Arts Courcil Act, 1997, is hereby amended-Substitution

This amendment changes the Council’s composition, who appoints the chairperson and vice-chairperson, and the term limits for Council members.

21. Section 4 of the National Arts Courcil Act, 1997, is hereby amended- (a) by the substitution for subsection (1) of the following subsection: “(1) Subject to section 20(l)(a), the Council shall consist of nine provincial representatives and no fewer than nine and no more than [14] 25 18 other persons.”. (b) by thesubstitution for subsection (4) of the following subsection: “(4) ( a ) [The members of the Council shall, as the occasion arises, the elect-] The Minister shall appoint a chairperson from among members who are not provincial representatives. [; and] 30 ( b ) The members of the Council shall elect a vice-chairperson from among all the members.”; ( c ) by the substitution for subsection (6) of the following subsection: “(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 35 for reappointment after a fu.rther [three] four years have elapsed. (b) At the end of the members’ term of office, three members who are representatives, one of whom not provincial Committee m e m h shall be re-elected by the [council] Council to serve for a further [three] four years, after which they shall not be eligible for 40 appointment until a further [three] four years have elapsed.”; and shall be an Executive (d) by the addition to subsection (6) of the following paragraph: “(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 hold office for a term exceeding four years.”. shall 45 16 No. 22911 GAZETTE, GOVERNMENT 7 DECEMBER 2001 Act No. 36,2001 CULTURAL LAWS 4MENDMENT ACT, 2001 Amendment of section 5 of .4ct 56 of 1997
Section 21Verify source
§ 22Section 5 of the National Arts Council Act, 1997, is hereby amended-Substitution

The Chairperson must tell the Minister when a resignation notice is received, and the Minister may dissolve the Council on reasonable grounds.

22. Section 5 of the National Arts Council Act, 1997, is hereby amended- (a) by the substitution in subseclion (3) for paragraph ( e ) of the following paragraph: “ ( e ) resigns by written notice addressed to the [Minister] chairperson of 5 the Councg.”; and (b) by the addition of the following subsections: “(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 on any reasonable 10 grounds.”. Amendment of section 6 of Act 56 of 1997
Section 22Verify source
§ 23Section 6 of the National Arts Ccuncil Act, 1997, is hereby amendedCommencement

This amendment adds a requirement to submit a business plan to the Minister before each financial year starts.

23. Section 6 of the National Arts Ccuncil Act, 1997, is hereby amended by the deletion in subsection (2) of the word ‘‘an’j’’ at the end of paragraph (d), the addition of the word “and” at the end of paragraph (e) and the addition to that subsection of the following paragraph: 15 “lf) 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 appro&”. Amendment of section 9 of Act 56 of 1997
Section 23Verify source
§ 24Section 9 of the National A r t s Council Act, 1997, is hereby amended by theSubstitution

This provision amends section 9 so the Council’s paragraph (a) states that it consists of the chairperson, vice-chairperson, and no more than five other members.

24. Section 9 of the National A r t s Council Act, 1997, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: “ ( a ) which shall consist of the chairperson, vice-chairperson and [such] no more than five 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 COI&; and.”. Amendment of section 11 of Act 56 of 1!397
Section 24Verify source
§ 25Section 11 of the National Arts Council Act, 1997, is hereby amended by theSubstitution

This section amends subsection 11(7) of the National Arts Council Act by replacing the wording about how long a member of an advisory panel may hold office and be reappointed.

25. Section 11 of the National Arts Council Act, 1997, is hereby amended by the substitution for subsection (7) of the following subsection: 20 25 “(7) A member of an advisory pane:] shall hold office for a period not exceeding the same or a different panel after a years, and may be appointed on [two] further [two] years have elapsed.”. Amendment of section 17 of Act 56 of 1!)97
Section 25Verify source
§ 26Section 17 of the National Arts Council Act, 1997, is hereby amended by theAmendment

A delegation of the council chairperson and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology about the annual report within five months after the report is tabled.

26. Section 17 of the National Arts Council Act, 1997, 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 council members must brief the Portfolio Committee on Arts, Culi:ure, Science and Technolo~y on the annual report.”. Amendment of section 4 of Act 73 of 195‘7 30 35 40
Section 26Verify source
§ 27Section 4 of the National Film and VideoCommencement

The Foundation must submit a prescribed business plan to the Minister at least one month before each financial year, and it may not itself establish, acquire, or operate a video organisation or industry.

27. Section 4 of the National Film and Video Foundation Act, 1997, is hereby amended- (a) by the deletion in subsection (2) of the word “and” at the end of paragraph (g), the addition of the word “and” at the end of paragraph (h) and the addition to that subsection of the following paragraph: 45 “(i) 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.”; and ( b ) by the substitution for subsection (3) of the following subsection: “(3) @J The F;oundation Ishall not itself establish, acquire or operate video any organisation or industry, but the(’ounci1 may, subject to the approval of the Minister and institution connected with the film and 50 18 No. 22911 GOVERNMENT GAZETTE, 7 DECEMBER 200 1 Act No. 36,2001 CULTURAL LAWS AMENDMENT ACT. 2001 the Minister of Trade and Industry, establish a separate legal entity for purposes of i n v e a m and video prqjects in accordance with the objects of this A s (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.”. Amendment of section 6 of Act 73 of 1997
Section 27Verify source
§ 28Section 6 of the National Film and Video Foundation Act, 1997,Amendment

The Minister may dissolve the Council on any reasonable grounds.

28. Section 6 of the National Film and Video Foundation Act, 1997, is hereby amended by the addition of the following subsection: “(10) The Minister may dissolve the Council on any reasonable grounds.”. Amendment of section 9 of Act 73 of 19!)7 5 10
Section 28Verify source
§ 29Section 9 of the National Film artd Video Foundation Act,Substitution

This section amends section 9 of the National Film and Video Foundation Act, 1997, by changing the wording of paragraph (a) in subsection (1).

29. Section 9 of the National Film artd Video Foundation Act, 1997, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: “(a) which shall consist of the chairperson, vice-chairperson and [such] no more 15 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 CocnciJ; and”. Amendment of section 16 of Act 73 of 1997 20
Section 29Verify source
§ 30Section 16 of the National Film and Video Foundation Act,Substitution

The foundation must use the money covered by subsection (1)(a) according to its approved estimated income and expenditure statement, as approved by the Minister.

30. Section 16 of the National Film and Video Foundation Act, amended by the substitution in subsection (2)(b) for the words preceding proviso of the following words: 1997, is hereby the first “The foundation shall utilise any money contemplated in subsection ( l ) ( a ) , in accordance with the statement of its estimated income and expenditure referred to in subsection [(3)] 0, as approved by the Minister:”. 25 Amendment of section 17 of Act 73 of 1997
Section 30Verify source
§ 31Section 17 of the National Film artd Video Foundation Act, 1997,Amendment

This amendment adds a rule requiring a council delegation to brief the Portfolio Committee on Arts, Culture, Science and Technology within five months after the report is tabled.

31. Section 17 of the National Film artd Video Foundation Act, 1997, 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 council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.”. 30 Amendment of section 4 of Act 118 of 19198
Section 31Verify source
§ 32Section 4 of the South African Geographical Names Council Act, 1998, is herebySubstitution

The Minister may dissolve the Council on any reasonable grounds.

32. Section 4 of the South African Geographical Names Council Act, 1998, is hereby 35 amended by the addition of the following subsection: “(8) The Minister may dissolve the Council on any reasonable grounds.”. Substitution of section 8 of Act 118 of 19!#8
Section 32Verify source
§ 33The following section is hereby sub:itituted for section 8 of the South AfricanAmendment

Council members and subcommittee members who are not full-time state employees may receive council-paid honoraria and expense reimbursement, and the Minister must set payment criteria with the Minister of Finance’s concurrence.

33. The following section is hereby sub:itituted for section 8 of the South African Geographical Names Council Act, 1998: 40 “Allowances of members of Council and subcommittees 8. (1) Subject to subsection (2), a member of the Council and of any subcommittee who is not in the full-time employment of the State may receive, out of the funds of the Council, in respect of his or her functions as a member, such honoraria and reimbursement for expenses as the Council may determine. 45 (2) The Minister, with the concurrence of the Minister of Finance, must of the honoraria and reimbursement determine criteria for paymenl. of expenses contemplated in subsection (I).”. GAZETTE, GOVERNMENT 22911 No. 20 7 DECEMBER 2001 Act No. 36,2001 CULTUR4L LAWS AMENDMENT ACT, 2001 Amendment of section 9 of Act 118 of 1998
Section 33Verify source
§ 34Section 9 of the South African Geognphical Names Council Act, 1998, is herebyCommencement

Adds a rule requiring a business plan with prescribed information to be submitted to the Minister at least one month before each financial year starts.

34. Section 9 of the South African Geognphical Names Council Act, 1998, is hereby amended by the addition in subsection (1) of the word “and” at the end of paragraph (j) and the addition to that subsection of the following paragraph: “ ( k ) not later than one month before the commencement of each financial year, 5 submit a business plan containin$ such information as may be prescribed to the Minister for his or her appro.&“. Amendment of section 11 of Act 118 of 1’998
Section 34Verify source
§ 35Section 11 of the SouthAfrican Geographical Names Council Act, 1998, is herebyCommencement

A delegation made up of the council chairperson and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology within five months after the report is tabled.

35. Section 11 of the SouthAfrican Geographical Names Council Act, 1998, is hereby amended by the addition of the following 10 subsection: “(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.” commencement and title Short 15
Section 35Verify source
§ 36This Act is called the Cultural Laws Amendment Act, 2001, and comes intoCommencement

This Act starts on a date set by the President in a proclamation published in the Gazette.

36. This Act is called the Cultural Laws Amendment Act, 2001, and comes into operation on a date determined by the Presi.dent by proclamation in the Gazette.
Section 36Verify source

Legislative relationships

23 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Council must be performed by a section established by the Director-General in terms of the Public Service Act, 1994

    Section 7

G–M

1 instrument

  • Heraldry Act, 1962

    Sections 1, 2, 3

N–S

20 instruments

  • National 15 This provision replaces the long title of the National Archives of South Africa Act, 1996

    Section 20

  • National A r t s Council Act, 1997

    Section 24

  • National Archives of South Africa Act

    Sections 8, 14

  • National Archives of South Africa Act, 1996

    Sections 7, 9, 10, 11, 13, 15, 17, 18

  • National Archives of SouthAfrica Act, 1996

    Section 16

  • National Archives This section substitutes a new section 20 of the National Archives of South Africa Act, 1996

    Section 19

  • National Archives This section substitutes a new version of section 7 of the National Archives of South Africa Act, 1996

    Section 12

  • National Arts Ccuncil Act, 1997

    Section 23

  • National Arts Council Act, 1997

    Sections 22, 25, 26

  • National Arts Courcil Act, 1997

    Section 21

  • National Film and Video Foundation Act

    Section 30

  • National Film and Video Foundation Act, 1997

    Sections 27, 28

  • National Film artd Video Foundation Act

    Section 29

  • National Film artd Video Foundation Act, 1997

    Section 31

  • Pan South African Language Board Act

    Section 4

  • Pan South African Language Board Act, 1995

    Sections 5, 6

  • South Africa Act, 1996

    Section 7

  • South African Geognphical Names Council Act, 1998

    Section 34

  • South African Geographical Names Council Act, 1998

    Sections 32, 33

  • SouthAfrican Geographical Names Council Act, 1998

    Section 35

T–Z

1 instrument

  • This section gives the Act

    Section 20

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