Contents: Obligations of Parliament and its separate bodies

Black Administration Act 38 of 1927

26 List of proclamations to be laid before Parliament

(1) A list of proclamations issued by the State President under the authority of this Act shall be laid upon the Tables of both Houses of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), and every such proclamation shall be in operation unless and until both Houses of Parliament have, by resolutions passed in the same session, requested the State President to repeal such proclamation or to modify its operation, in which case such proclamation shall forthwith be repealed or modified, as the case may be, by a further proclamation in the Gazette.

Black Authorities Act 68 of 1951

2 Establishment of tribal, regional and territorial authorities

(1) The State President may-
(a) with due regard to Black law and custom-
(i) establish a Black tribal authority in respect of a Black tribe;
(ii) establish a community authority in respect of a Black community or two or more Black tribes or communities jointly or one or more tribes and one or more such communities jointly;
(b) in respect of any two or more areas for which tribal authorities have been established, establish a Black regional authority; and
(c) in respect of any two or more areas for which regional authorities have been established, establish a Black territorial authority:

Provided that no community, tribal, regional or territorial authority shall be established, except after the Minister has consulted the Blacks in every area in respect of which such authority is to be established.

8A Auditing of books and accounts of tribal, regional and territorial authorities
(2) The Auditor-General shall as soon as possible after an audit of the books and accounts of a territorial authority and of tribal and regional authorities contemplated in subsection (5), transmit a copy of his report on the books and accounts of such territorial authority and of the tribal and regional authorities concerned to the Minister and to such territorial authority: Provided that the Auditor-General may at any time, if he considers it desirable, transmit a special report on any matter connected with his powers and duties under this Act to the Minister and to such territorial authority.
(4) (a) …
(b) The Minister shall lay such report and comments upon the Table of the Senate and of the House of Assembly within fourteen days after receipt of such comments by him, if Parliament is in ordinary session, or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.
(5) Subsections (2), (3) and (4) shall apply in respect of any territorial authority determined by the Minister, after consultation with the Controller and Auditor-General, by notice in the Gazette, and regional authorities in the area of any such territorial authority, and tribal authorities so determined, as from a date specified in the notice.
(6) If a notice is in terms of subsection (5) of this section issued in respect of any territorial authority, the provisions of subsections (2), (3) and (4) thereof shall mutatis mutandis apply in respect of a report or special report of the Auditor-General in connection with such territorial authority and any regional authority concerned and which on the date specified in such notice has not yet been transmitted in terms of subsection (2).

Broadcasting Act 4 of 1999 as amended by

Broadcasting Amendment Act 4 of 2009

1 Definitions and interpretation

'Authority' means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000;
'Board' means Board of the Corporation;
'Corporation' means the South African Broadcasting Corporation Limited upon conversion of the old Corporation in terms of section 8A of this Act;
'IBA Act' means the Independent Broadcasting Authority Act, 1993 (Act 153 of 1993);
13 Members of Board
(1) The twelve non-executive members of the Board must be appointed by the President on the advice of the National Assembly.
2 Substitution of section 15 of Act 4 of 1999
15 Removal from office and resignation of member
(1) The appointing body—

(a) may remove a member from office on account of misconduct or inability to perform his or her duties efficiently after due inquiry and upon recommendation by the Board; or
(b) must remove a member from office after a finding to that effect by a committee of the National Assembly and the adoption by the National Assembly of a resolution calling for that member’s removal from office in terms of section 15A.
3 Insertion of section 15A in Act 4 of 1999
15A Resolution for removal of member, dissolution of Board and appointment of interim Board
(1) (a) The National Assembly may, after due inquiry and by the adoption of a resolution, recommend the removal of a member from office on account of any or all of the following:

(i) Misconduct;

(ii) inability to perform the duties of his or her office efficiently;

(iii) absence from three consecutive meetings of the Board without the permission of the Board, except on good cause shown;

(iv) failure to disclose an interest in terms of section 17 or voting or attendance at, or participation in, proceedings of the Board while having an interest contemplated in section 17; and

(v) his or her becoming disqualified as contemplated in section 16.

(b) The National Assembly may, after due inquiry and by the adoption of a resolution, recommend the dissolution of the Board if it fails in any or all of the following:

(i) Discharging its fiduciary duties;

(ii) adhering to the Charter; and

(iii) carrying out its duties as contemplated in section 13(11).

(2) The appointing body—

(a) may suspend a member from office at any time after the start of the proceedings of the National Assembly for the removal of that member;

(b) must act in accordance with a recommendation contemplated in subsection (1) within 30 days;

(c) must dissolve the Board if the resolution recommends the removal of all the members of the Board.
(3) (a) Upon the dissolution of the Board contemplated in subsection (2)(c), the appointing body must appoint an interim Board consisting of the persons referred to in section 12(b) and five other persons recommended by the National Assembly.

(b) The interim Board must be appointed within 10 days of receiving such recommendations and is appointed for a period not exceeding six months.
(4) The appointing body, on the recommendation of the National Assembly, must designate one of the members of the interim Board as the chairperson and another member as the deputy chairperson, both of whom must be non-executive members of the interim Board.

5. 
   A quorum for any meeting of the interim Board is six members.
   

20 Financial year and annual financial statements

(1) Subject to the provisions of section 285 of the Companies Act, the financial year of the Corporation commences on 1 April and ends on 31 March of the following year.
(2) In addition to the annual financial statements to be drawn up in terms of the Companies Act the Minister may direct the Corporation to draw up annual statements in a form determined by him or her.
(3) The annual financial statements must be tabled by the Minister in the National Assembly.
28 Annual report
(1) The Board must furnish to the Minister, on or before 30 September in each year, a report on the work of the Corporation of the previous financial year, together with a balance sheet and a complete statement of revenue and expenditure for that financial year audited by the auditor referred to in section 25, and the report of that auditor, and must give particulars as to-
(a) the book value of all classes of property owned by the Corporation;
(b) the amount of securities for loans still outstanding, and the interest thereon, whether paid or unpaid;
(c) the position of every fund established in terms of this Act;
(d) the expenses of management and administration and all other expenses of the Corporation;
(e) the erection and construction, repair, improvement or alteration of any plant, equipment or building, and the cost thereof;
(f) the price or rent of any land or any other immovable property acquired or hired;
(g) any other matters which the Minister may require the Board to deal with.
(2) The Minister must table every report furnished in terms of subsection (1) in Parliament, within seven days after receiving it if Parliament is in session, or, if Parliament is not in session, within seven days after the commencement of its next ensuing session.
31 Subscription television service
(4) Sections 49 and 50 of the IBA Act must not apply to such broadcasting services until the Authority has issued such a recommendation and that recommendation has been submitted to the Minister for tabling in the National Assembly, and has been adopted by the National Assembly.
32 Community broadcasting services
(7) The Authority must conduct an investigation into the viability and impact of community television, including-
(a) definition of community television;
(b) access to frequencies;
(c) sustainability;
(d) ownership and control; and
` (e) legal framework.
(8) As soon as possible after conducting the investigation referred to in subsection (10) the Authority must submit a report to the Minister and Parliament.