National Heritage Council Act

1. This Act binds the State. Definitions

2. In this Act. unless [he context requires otherwise— (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) “Council’. means the National Heritage Council established by section 3; (vi) “Ga:erze” means the Go~ertt/?~et~f Gazetfe; (viii) “living heritage.’ means the intangible aspects of inherited culture, and may include— cultural tradition: (a) oral history; (b) performance; (c) (d) ritual: popular memory; (e) skills and techniques; v) indigenous knowledge systems; and (g) (17) the holistic aDDroach to nature, society and social relationships; (ii) “MEC.’ means th~ member of the executive council of a province ~esponsible for cultural matters: (iii) ‘. Minister.. means the Minister of the national department responsible for arts and culture: (iv) “oramre” means oral tradition; (v) “prescribe.’ means prescribed by regulation made under this Act; (ix) ‘-regulation.. means any regulation made under this Act; (vii) “this Act’. includes the regulations. (i) Establishment of Council

3. There is hereby established a juristic person to be known as the National Heritage Council. Objects of Council

4. The objects of the Council a~e— 5 10 15 ~o 25 30 ((l) (/7) (c’) ( (/) ((’) (f) 10 de\”elop. pronl(~lc and pr(~[ec[ (he national heril:l~e for pl-e~ellt and tu[ul”e g~]l~r~ti~)ll~: [0 co-ordinate heritage mantigement: [o protect. preser\e and promote the content and heritase which reside in orutut-e in order to make it accessible and dynamic: to integrdte li\ in: heritage with the functions and activities of the Council and all other herit:ige authorities and institutions at national. provincial Jnd local level: to promote and protect indigenous knowledge s)rstems. inc]uding but not limited to enterprise and industry. sc~cial upliftment, institutional framework and liberator! processes: and to intensify support for the promotion of the history and culture of all our peoples and particularly to support reseurch and publication on enslavement in South Africa. Composition of Council 5. ( 1 ) The Council consists of— ((/) at least five members. appointed by the Minister; (12) a representati\’e of each province to be nomirrfited by the MEC concerned; and (c) the chairpersons of each of— (i) the Council of the South African Heritage Resources Agency; (ii) the National Archives Commission: (iii) the Heraldry Council: (iv) the Board of the National Library: (v) the Council of the Northern Flagship Institution; (vi) the Council of the Southern Flagship Institution, andor any other body or institution the h4inister considers relevant. (2) Members of the Council referred to in subsection ( 1 )(a) must be appointed by the Minister in the prescribed manner, and the regulations prescribing the manner of appointment must apply the principles of transparency and representivity and must take into account special competence, experience and interest in the field of heritage. (3) Members of the Council referred to in subsection (1 )(b) must be nominated by the MEC concerned in the prescribed manner. and the regulations prescribin& the manner of nomination must apply the principles of transparency and must take into account special competence, experience and interest in the field of heritage. Term of Ofice 6. (1) Members of the Council othet- than those referred to in section 5(1 )(c) are appointed for a period of three years, and may be re-appointed for a further period of three years. (~) If a member dies, or otherwise vacates his or her office, the Minister must appoint another person in the manner in which that person was appointed to fill that vacancy for the remaining portion of the term of ofiice of that member. (3) The members of the Council shall, as the occasion arises, elect— (a) a chairperson from among the members who are appointed in terms of section 5(1 )((/); and (l)) a vice-chairperson from among all the members. (4) If the chairperson is absent from a meeting of the Council, the vice-chai~erson shall preside at that meeting. and if both the chairperson and the vice-chairperson are absent from a meeting of the Council. the members present shall elect one of their members to preside at that meeting. (5) 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 (1~) on the recommendation of the Council, for reasons of incompetence, misconduct or incapacity. (6) A member of the Council shall not hold ofice in any political party or political organisation. 5 10 15 30 35 40 45 50 55 \ctxo.11. 1999 \ATioX.AI. HEKIT,\Gf-. C(lt’NCll. ,\ CT. 19YY X Ieetings of Council 7. ( 1 ) The Council ma! meet as often as necessary. but at least twice a year. (2) Tile chflirperson ma! at any time conlene a special meeting of the Council, which shal] be held at such time and place as the chairperson may direct. (-3) A quorulll for a meeting of the Council shall be a majority of its members. (4) Any decision of the Council shall be taken by resolution of the majority of the members present at any meeting of the Council. and. in the event of an equality of votes on any matter, the person presiding at the meeting in question shall have a casting vote in addition to his or her deliberative vote as a member of the Council. (5) A member of the Council shall not vote or in any manner participate in the proceedings at any meeting of the Council nor be present at the venue where such a meeting is held, if. in relation to any matter before the Council, he or she has any interest which precludes him or her from performing his or her functions as a member of the Council in a fdir, unbiased and proper manner. Committees of Council <d 10 15

8. The Council may establish committees to assist it in the performance of its functions and, in addition to any members, it may appoint to such committees persons whom the Council considers competent or who possess specific skills and expertise. Reimbursement of expenses in respect of members of Council and committees

9. The Minister may, with the concurrence of the Minister of Finance, determine criteria for reimbursement of expenses incurred by members of the Council, and members of any committee of the Council who are not in the full-time employ of the State. 20 Functions, powers and duties of Council 10. (1) The Council must— (a) advise the Minister on— (i) national policies on heritage matters, including indigenous knowledge systems, living treasures, restitution and other relevant matters; and (ii) any other matter concerning heritage which the Minister may from time to time determine; (e) (d) (b) (c) advise the Minister on the allocation of core funding to declared cultural institutions; investigate ways and means of effecting the repatriation of South African heritage objects presently being held by foreign governments, public and private institutions and individuals; make grants to any person, organisation or institution in order to promote and develop national heritage activities and resources; co-ordinate the activities of public institutions involved in heritage manage- ment in an integrated manner to ensure optimum use of State resources: monitor and co-ordinate the transformation of the heritage sector, with special emphasis on the development of living heritage projects; consult and liaise with relevant stakeholders on heritage matters; generally support, nurture and develop access to institutions and programmed that promote and bring equity to heritage management; promote an awareness of the history of all our peoples, including the history of enslavement in South Africa; lobby in order to secure funding for heritage management and to create a greater public awareness of the importance of our nation’s heritage; and perform such duties in respect of its objects as the Minister may assign to it, . (~) The council may on its own initiative advise the Minister on any matter (s) (/1) (~) (j) (i) 25 30 35 40 45 50 concerning heritage. (3) III respect of subsections ( I ) and (2). (he Minister IIIUSt- (tI) consider the ad\ ice of the Council: and (1~) pro~ide reasons in writing to the Council if the Minister does not accept the ad\ice. Employees of Council 11. (1) (a) The Council may appoint such employees as are necessary to perform the functions of the Council. (b) (i) The Council must appoint a chief executive oficer who must be responsible for the management of the affairs of the Council. and who must report on those affairs to the Council as often as may be required by the Council. (ii) The chief executilfe oticer is also the accounting officer charged with the responsibility of accounting for all money received and the utilisation thereof and is responsible for the property of the Council. 5 10 (2) The Council shall out of its own funds pay to its employees such remuneration, allowances, subsidies and other benefits as the Council may determine in consultation 15 with the Department of Public Service and Administration and with the approval of the Minister granted with the concurrence of the Minister of Finance. (3) The determination of the remuneration and other conditions of service of persons appointed under subsection ( 1 ) must be in accordance with a scheme approved by the Minister in consultation with the Minister of Finance. ~o Financing 12. (a) (b) (c) (d) (e) - ‘“ “ ‘ - “ (1)-’ I ne runas of the Council shall consist ot— “ money appropriated by Parliament to enable it to perform its functions and exercise its powers: donations or contributions received from any source; trust funds vested in it; interest derived from investments; and money received from any other source. (2) (a) The Council shall utilise-its funds to defray expenses in connection with the performance of its functions. 25 30 (b) The Council shall utilise any money contemplated in subsection (1)(a) in accordance with the sta(ement of its estimated income and expenditure referred to in subsection (3), as appro~’ed by the Minister: Provided that, subject to para&raph (a), the Council 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 35 connection with such matter: Provided further that the Council may with the approval of the Minister utilise any balance of such money remaining at the end of the financial year of the Council for any expenses in connection with the performance of its functions. (c) The Council shall utilise any donations or contributions contemplated in subsection (1)(b) in accordance with the conditions, if any, imposed by the donor or 40 contributor concerned. (3) (a) The Council shall in each financial year, at such time as the Minister may direct, submit a statement of the Council’s estimated income and expenditure during the following financial year, and the Council may also during the course of a financial year submit supplementary statements of the Council’s estimated expenditure for that 45 financial year, to the Minister for approval , granted with the concurrence of the Minister of Finance. (b) The Council shall not incur any expenditure in excess of the total amount approved under paragraph (a). (4) The Council may invest any unexpended portion of its funds in accordance with 50 the directions determined by the Minister in consultation with the Minister of Finance. (5) The Council may only lend or borrow moneys with the prior approval of the Minister in concurrence with the Minister of Finance. (6) The Council may establish such reserve funds and deposit therein such amounts as the Minister may approve. vrith the concurrence of the Minister of Finance. 55 ,4udit, annual and financial report 13. ( 1 ) The Auditor-General shall audit the accounts and balance sheet of the Council. (2) The Council shall— (cl) furnish to tile Ministel- s u c h i n f o r m a t i o n JS he or she ma~’ call fol in connection with the activities and financial position of the Council; 5 (b) sublni[ to the hfinister 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 tabte tbe report referred to in subsection (2)(/7) in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or. if 10 Parliament is not then in ordinary session. within 14 d~ys after commencement of the next ordinary session. Exercise of powers outside Republic

14. The Council may. on such terms and conditions as may be agreed upon, and subject to legislation regarding international co-operation, support heritage activity by 15 any South African citizen in any territory outside the Republic. Regulations 15. ( 1 ) The Council may. subject to the approval of the Minister and by notice in the Gazetfe, make regulations regarding— (a) the procedure at meetings of the Council; (b) a code of conduct for members of the Council and of its committees in order to prevent conflicts of interest and brin&ing the Council into disrepute; and (c) in general, any matter in respect of which the Council deems it necessary or expedient to make regulations in order to achieve the objects of this Act. (2) The Minister may. by notice in the Gazer(e, make regulations regarding— (a) any matter which may or shall be prescribed in terms of this Act: (b) any other matter which may be necessary or expedient in order to achieve the Lo 25 objects of this Act. (3) No regulation relating to State revenue or expenditure shall be made by the Council or the Minister except with the concurrence of the Minister of Finance. 30 (4) Any regulation made under this section may provide that any person contravening such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months. Premier to designate member of executive council

16. The Premier of every province shall designate a member of the executive council 35 to perform any function entrusted to such member by or under this Act. Short title and commencement

17. This Act shall be called the National Heritage Councit Act, 1999. and shall come into operation on a date fixed by the President by proclamation in the Ga:efte.