Cultural Institutions Act, 1998

4 December 1998 No. 1578.

4 Desember 1998 that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuting geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- ter NO. I 19 of 1998: Cultural Institutions Act, 1998. No. 119 van 1998: Wet op Kulturele Instellings. 1998.

2 No. 19552 GOVERNMENTGAZEI-I-E.4DECEMBER 1998 Act No. 119, 1998 CULTURAL INSTITUTIONS ACT, 1998 (English text signed by the President.) (Assented to 24 November 1998.) ACT To provide for the payment of subsidies for the establishment the control of councils; for matters connected therewith. of certain to provide institutions under as declared cultural to establish a National Museums Division; and to provide to certain cultural institutions; institutions by the Parliament of the Republic of South Africa, as B E IT ENACTED follows:- Definitions

1. In this Act, unless (i) (ii) (iii) (iv) (v) (vi) (v) for culture; means (i) “council” means a council “declared be subject declared; “Director-General” responsible “institution” means any public public cultural (ii) “Minister” means culture; and (iii) “prescribed“means Act. (vi) institution the context otherwise referred indicates- to in section 5(l) or (2); (iv) institution” means an institution declared under section 3 or 6(3) to in terms of section 17( 1) to have been so to this Act, or regarded the Director-General library, museum, regarded by the Minister of the national Department zoological garden or other to be of kindred character; the Minister of the national Department responsible for prescribed by regulation made and in force under 15 this 5 10 Payment of subsidies to declared institutions

2. For such purposes and on such basis and subject to such conditions as the Minister in consultation with moneys appropriated institution. the Minister of Finance determines, by Parliament for that purpose pay a subsidy the Minister must out of 20 to a declared Application of Act, establishment and amalgamation of declared institutions 3. (1) The Minister may by notice in the Gazette declare any institution as from a date specified in that notice to be subject to this Act. (2) The Minister may establish an institution and may declare that institution subject to the Act in terms of subsection (1). (3) The Minister may by notice amalgamated with a flagship institution in the Gazette declare that an institution must be established by section 6(l) or (2). Declared institution to be corporate body 4. (1) A declared institution is a corporate body and is known under the name under which it has been declared in terms of section 3. (2) The Minister may, on the recommendation of the council concerned, change the name of a declared institution by notice in the Gazette. 25 30 4 No. 19552 GOVERNMENT GAZETTE, 4 DECEMBER 1998 Act No. 119,1998 CULTURAL INSTITUTIONS ACT, 1998 (3) A declared institution may not, without in consultation with the Minister of Finance- the prior approval of the Minister. granted (a) purchase or otherwise acquire, hire. sell, let, exchange or otherwise alienate. hypothecate or encumber invest, lend or borrow moneys. immovable property; or (0) (4) In the case of the investment of moneys contemplated in subsection investment consultation with the Minister of Finance. is made in accordance with the directions determined (3)(b). such in by the Minister (5) A declared institution may, unless the Minister otherwise determines and subject to the National Monuments Act, 1969 (Act No. 28 of 1969)- (a) let or exchange any specimen, collection or other movable property belonging to it; and (6) purchase or otherwise acquire, possess or hire any specimen, collection or other movable property. 5 10 (6) A declared institution may not, without the prior approval of the Minister, sell or 15 otherwise alienate any specimen, collection or other movable property. (7) A declared institution may perform all such acts as are necessary for or incidental to the exercise of its powers and the performance of its duties. (8) When an institution is under section 3 declared and liabilities which are, at the time of such declaration, institution declared as such. or of its governing body devolve, on such declaration, to be subject to this Act, all assets assets and liabilities of that on the institution Establishment and constitution of a council 5. (1) The affairs of a declared institution, other than a flagship institution, are under the control, management and direction of a council consisting of- (a) at least seven members appointed by the Minister in the prescribed manner; and the director of the declared (b) institution concerned. (2) The affairs of a flagship direction of a council consisting of- institution, are under the control, management and (a) at least seven members appointed by the Minister in the ‘prescribed manner; and the chief executive officer of the flagship (b) (3) The members of a council contemplated institution in subsections concerned. (1) and (2) must be appointed in accordance with the principles of transparency and representivity. (4) At least one of the members appointed to a council contemplated in subsections ( 1) and (2) must have experience in financial matters. (5) The members of a council contemplated in subsection (2) must be appointed with a view to geographic (6) If any institution representivity. is immediately before it is, under section 3, declared to be subject to this Act, controlled, managed and directed by a council or other body, that council or (1) in respect other body must, until the appointment of a council of the institution, in office and have all the powers and duties of a council constituted continue in terms of subsection in terms of subsection (1). 20 25 30 35 40 (7) (a) A member of a council is appointed for a period of three years, unless a shorter 45 period is prescribed. (b) A member of a council whose period of office has expired, may be reappointed. (8) If a member of a council dies or vacates period for which the member has been appointed, fill the vacancy appointed. the expiration of the to the member was for the unexpired portion of the period for which another person may be appointed the office before 50 (9) A member of a council must vacate in writing; the office if the member- (4 (6) Cc) (4 W cf, resigns has been absent from three consecutive meetings of the council without leave; is an unrehabilitated is found to be of unsound mind by a competent court; is convicted sentenced materiallv breaches the code of ethics of the institution. to imprisonment without the option of a fine; or or bodily harm and of an offence dishonesty insolvent; involving its 55 is 60 6 No. 19552 GOVERNMENT GAZE-I-I-E. 4 DECEMBER 1998 Act No. 119,1998 CULTURAL 1NSTITUTIONS ACT. 1998 (10) A member of a council who is not in the full-time employment receive out of the funds of that council that the Minister allowances in respect of his or her functions as member in consultation with the Minister of Finance determines. of the State, may the Establishment of Flagship institutions 6. (1) The Northern Flagship institution is hereby established, comprising the- 5 (a) National Cultural History Museum; (b) South African National Museum (c) Transvaal Museum. (2) The Southern Flagship institution (a) Michaelis Collection; (b) South African Cultural History Museum; (c) South African Museum; (d) South African National Gallery; and (e) William Fehr Collection. for Military History; and is hereby established, comprising the- 10 (3) The Flagship institutions contemplated in subsections (1) and (2) are hereby 15 declared to be subject to the Act. (4) (a) The members of a council of a flagship the Minister, management management appoint of affairs as the council may require. a chief executive institution the flagship institution must, in consultation with for the on officer who must be responsible and who must to the council report (b) The chief executive officer is the accounting officer of a flagship institution. Chairperson of council 7. (1) The chairperson of a council from the appointed members of the is elected 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. (2) If the chairperson expiration of the period council must, subject to subsection appointed members of the council. of a council vacates for which he or she was appointed, the another member of the (1), be elected as chairperson of the council from the the office as chairperson before (3) If the chairperson preside at that meeting, at that meeting resumes his or her functions, perform all those functions. is absent from a meeting of the council concerned or not able to to preside the members present must elect one of their number the chairperson and that person may, during that meeting and until Functions of council 8. ( 1) The functions of a council are- all movable in the care of or loaned or belonging immovable property of to the declared collections or other under section 10( 1); received by the declared and to in connection with the perfor- institution (4 04 (4 (4 W 09 (8) and to formulate policy; to hold, preserve and safeguard whatever kind placed institution concerned; to receive, hold, preserve and safeguard all specimens, movable property placed under its care and management to raise funds for the institution; to manage and control the moneys utilise for defraying mance of its functions; to keep a proper record of the property of the declared the Director-General to cause proper books of account to determine, objects of the declared those moneys to be kept; institution; expenses subject and to submit to any returns required by him or her in regard thereto and institution, to this Act and with the approval of the Minister, the 50 20 25 30 35 40 45

8 No. 19552 Act No. 119, 1998 CULTURAL INSTITUTIONS ACT. 1998 (h) to, generally, carry out the objects of the declared institution. (2) A council may determine the hours during which and restrictions portion subject to which the public may visit the declared thereof, and the admission charges to be paid. the conditions and institution concerned, or (3) A council may appoint such persons as it considers necessary to perform the 5 functions of the declared (4) The determination appointed under subsection Minister institution of the remuneration concerned. and other conditions of service of persons (3) must be in accordance with a scheme approved by the in consultation with the Minister of Finance. (5) The Minister must publish in the Gazette. (l)(e), subsection the objects of a declared institution determined under 10 Placing of immovable property at disposal of councils 9.‘( 1) The Minister may in consultation with the Minister of Finance and the council as he or she on such basis and conditions concerned to a council any land or building in relation to carry out its functions for use by that council to the declared institution in 15 of the declared institution determines, make available order to enable the council concerned. (2) The Minister may, subject 1961), on such terms and conditions any immovable institution perform its functions. (3) The Minister may immovable property which- to the State Land Disposal Act, 1961 (Act No. 48 of to a declared as he or she determines, transfer property of the State in order to enable that institution to 20 take steps for the maintenance and development of any (a) (b) (c) (d) to a declared to a council under subsection is made available is transferred a declared institution purchases or otherwise acquires or hires under section 4 (3); of a declared before it was, under section 3, declared institution has already so purchased or otherwise acquired or hired institution under subsection to be subject to this Act. (1); (2); Making available of movable property to declared institutions 10. (1) The Minister may in consultation with the council of the declared institution concerned- (a) place- (i) ans;pcimen, collection piece, collection or other movable property (au) belongs, has been given or has been bequeathed to the Government (bb) was given or bequeathed on condition or to the Republic or its inhabitants; or that it be for the use or benefit of the Republic and its inhabitants or any section of its inhabitants; or 25 30 35 40 any portion of that movable property, (ii) under the care and management transfer that movable property, or portion of any declared (b) unless the donor or testator has made other provision thereof, institution; or to a declared for the care thereof. institution, (2) Any movable property transferred under subsection (1) to a declared institution 45 may be alienated only with the approval of the Minister. Auditing of accounts

11. The Auditor-General must audit the accounts and balance sheet of a council. National Museums Division 12. (1) A National Museums Division consisting of the- chief executive officers of the flagship institutions; (a) (b) heads of every institution contemplated in section 6(l) and (2); and 50 IO No. 19552 GOVERNMENT GAZE-l-l-E. 4 DECEMBER 1998 Act No. 119, 1998 CULTURAL INSTITUTIONS ACT, I 998 (c) directors of the declared institutions other than flagship institutions, is hereby established. (2) If the office of any person contemplated in subsection (1) is vacant, or he or she is unable to attend any meeting of the National Museums Division concerned may nominate another person to represent that institution the declared institution at that meeting. 5 Functions of the National Museums Division

13. The National Museums Division must- for and the procedure at its (4 (b) w (4 the time and place of, the quorum determine meetings; perform such duties as the Minister may assign consider and make recommendations regarding matters which- (i) (ii) to be of common draft and adopt a code of ethics, based on international which councils must conduct the Minister or the Director-General it considers interest refers to it; or to the declared to it; and the affairs of the declared institution. institutions. standards, according to the Minister or the Director-General 10 to 15 Abolition of declared institutions 14. (1) The Minister may, after consultation with concerned, in that notice, by notice the notice the council of the declared in the Gazette, withdraw, with effect from a date issued under section 3 in respect of that declared institution specified institution. (2) The declared (3) Subject institution ceases to exist from the date referred to in subsection (1). and obligations of that to subsection (6), all the assets, rights, liabilities institution, as they existed immediately before the date referred to in subsection declared (I), vests from that date in a declared date. by the Minister after consultation with the council of the first-mentioned institution institution or other person determined before that declared and published in the notice (1). (4) A reference subsection a reference issued law or document in terms of subsection to a declared in any institution (1) is, with effect from the date referred to in that subsection, to the declared institution or person determined (5) The registrar of deeds concerned must cause all such notes and endorsements in terms of subsection referred to in regarded to be (3). to be to land owned by a declared before the date referred to in that made in his or her registers and on the title deeds relating institution subsection, (1) immediately to give effect to this section. referred as are necessary to in subsection (6) All property referred to in section S(l)(b) or (c) which is held by the council of the (1) immediately before the date referred to declared in that subsection, must from that date be dealt with as the Minister determines. referred to in subsection institution Delegation of powers 15. (1) The Minister may, subject any power conferred, in writing delegate in terms of section 16, to make regulations or any duty imposed on the Minister by this Act to an official employed by the national Department to the conditions he or she determines, the power, except responsible (2) A delegation under subsection for culture. (1) does not prevent the Minister from exercising such power or performing such duty, as the case may be, himself or herself. Regulations 16. (1) The Minister may make regulations as to- (a) the appointment of members of a council and the filling of a casual vacancy a council; __ in 20 25 30 35 40 45 12 No. 19552 GOVERNMENT GAZETTE, 4 DECEMBER 1998 Act No. 119, 1998 CULTURAL INSTITUTIONS ACT, 1998 fb) (c) (4 (4 Cf) (g) for meetings of a council, in which that council must make decisions; of the property of a declared and disposal of all moneys received by a the convening of. the procedure at and the quorum and the manner the safety, custody and preservation the management, control. utilisation council; the keeping of records and the times when, form in which and the persons whom institutions; any matter which must or may be prescribed by regulation under this Act; and in general, any matter necessary in order to achieve the objects of to prescribe this Act. to in respect of declared financial accounts and reports must be rendered institution; 5 IO (2) The Minister must make any regulation any moneys or allowances payable the control of money, (a) (b) relating to- to or by any person; or in consultation with the Minister of Finance and subject to any other applicable law. 15 (3) Different regulations may be made under subsection (1) in respect of different declared institutions. Transitional provisions 17. (1) The institutions Act, 1969 (Act No. 29 of 1969) or the Cultural 1989 (Act No. 66 of 1989), been declared have been deemed force immediately declared under section 3 to be institutions which are subject listed in Schedule 1 which have under the Cultural Institutions Institutions Act (House of Assembly), to either of the Acts or which is in to have been to be subject to be so declared, as the case may be, must, if that declaration before of this Act, be regarded to this Act. the commencement (2) A council, as constituted 1969, or section 7 of the Cultural institution contemplated before the commencement effect. in terms of section 6 of the Cultural Institutions Act (House of Assembly), in section 6(l) or (2) of this Act, and existing Institutions Act, 1989, of an immediately of this Act, ceases to exist when section 6 of this Act takes (3) A regulation made or a notice issued under the Cultural Institutions Act (House of Assembly), Institutions Act, 1969, or 1989, in so far as that regulation or the Cultural (1) immediately before notice is applicable of this Act, the commencement except in so far as it is inconsistent with a provision of this Act, until that regulation or notice is repealed or withdrawn by the Minister by notice in the Gazerte. (I). (2) and (3), anything done or regarded in subsection in force after the commencement to an institution of this Act, remains to subsections contemplated (4) Subject to have been Institutions Act, 1969, or the Cultural in terms of a provision of the Cultural (House of Assembly), of this Act, 1989, and which may be done under is regarded to have been done under a that done Institutions Act corresponding corresponding provision provision. (5) The Committees of Heads of Declared Institutions Cultural Institutions Act, 1969, and section 14 of the Cultural Assembly), obligations will vest in the National Museums Division established 12(l) of this Act. 1989, are hereby dissolved and all their assets, established by section 13 of the Institutions Act (House of liabilities and in terms of section rights, (6) Any person who was in the employment is, under section 3, declared institution appointed under section 8(3) on that declaration immediately before the to be subject to this Act, is regarded to have been of an institution (7) The remuneration as an employee of that institution. and other conditions of service of an employee contemplated subsection service contemplated (6) may not be less favourable to which that employee was entitled than the remuneration to immediately in that subsection. in and other conditions of before the declaration 20 25 30 35 40 45 50 Repeal of laws

18. Each of the laws referred to in the first two columns of Schedule 2 is 14 No. 19552 GOVERNMENT GAZE?TE, 4 DECEMBER 1998 Act No. 119,lWS CULTURAL INSTITUTIONS ACT, 1998 hereby repealed to the extent specified opposite Schedule. that law in the third column of that Short title and commencement

19. This Act is called the Cultural Institutions Act, 1998, and takes effect on a date fixed by the President by proclamation in the Gazerte. 5

16 No. 19552 GOVERNMENTGAZEI-~E,~DECEMBER 1998 Act No.119,1998 CULTURALINSTITUTIONS ACT, 1998 SCHEDULE 1 (Section 17) for Ichthyology. for Education, Science and Technology. Afrikaans Language Museum and Language Monument. Engelenburghuis Art Collection. Foundation JLB Smith Institute Natal Museum. National English Literary Museum. National Museum. National Zoological Gardens of South Africa. Robben Voortrekker Museum. War Museum of the Boer Republics. William Humphreys Art Gallery. Island Museum. 18 No. 19552 GOVERNMENT GAZE-I-I-E, 4 DECEMBER 1998 Act No. 119,1998 CULTURAL INSTITUTIONS ACT, I 998 SCHEDULE 2 (Section 18) Act No. 93 of 1974 I Act No. 11 of 1981 I Act No. 28 of 1983 I Act No. 66 of 1989 Act No. 33 of 1992 r-- Short title r Cultural Institutions Act, 1969 Institutions Amendment Cultural ’ Act, 1974 Culture and Education Laws Amendment Act, 198 1 Education and Culture Laws Amendment Act, 1983 Institutions Act (House of Cultural Assembly), 1989 Extent of repeal The whole The whole Sections 6, 7, 8 and 9 Section 4 The whole Institutions Amendment Act The whole Cultural (House of Assembly), I992