Contents: Obligations of Parliament and its separate bodies

Carriage by Air Act 17 of 1946 as amended by

Carriage by Air Amendment Act 15 of 2006

2 Repealed

5 Ratification of amendments of and additions to Convention
(1) The State President may do all things necessary to ratify or adhere or accede to or cause to be ratified or adhered or acceded to on behalf of the Republic any amendments of or additions to the Convention which may from time to time be made, and by proclamation in the Gazette declare that the amendments or additions so ratified or adhered or acceded to shall be observed and have the force of law in the Republic.
(3)  A proclamation under subsection (1) may not be made by the President unless the amendments of or additions to the Convention have been approved by resolution of Parliament.

Castle Management Act 207 of 1993

2 Establishment of Castle Control Board

There is hereby established a juristic person to be known as the Castle Control Board, which shall exercise the powers and perform the functions and duties conferred and imposed upon it by this Act.
13 Civilian Staff for Castle
(1) (a) The Board shall appoint a suitably qualified and experienced person as Executive Director of the Civilian Staff and Administration for the Castle to assist the Board, subject to its direction and control, in the performance of all financial, administrative and clerical functions and work arising from the application of this Act.
18 Funds of Board and keeping of accounts
(1) The funds of the Board shall consist of-
(a) any moneys paid to the Board out of moneys which may from time to time be appropriated by Parliament to assist the Board;
(b) money or revenue received by it in pursuance of any provision of this Act;
(c) money borrowed by the Board in accordance with section 14 (1) (q); and
(d) such other money as may from time to time accrue, become payable or be donated to the Board.
19 Accounting officer
(1) The Executive Director shall be the accounting officer charged with the responsibility of accounting to Parliament for all money or revenue received, the utilization thereof and the use and care of the property of the Board.
(2) The accounting officer shall be responsible for the keeping of such records of account as are necessary to represent fairly the state of affairs and business of the Board and to explain the transactions and financial position of the Board.
21 Financial obligations and control
(1) The Board shall furnish the Minister with such information as he or she may from time to time require in connection with the activities and financial position of the Board, and shall as soon as practicable after the end of each financial year submit to the Minister an annual report on the affairs and functions of the Board in respect of that financial year, which shall include, inter alia-
(a) an audited balance sheet;
(b) an audited statement of income and expenditure;
(c) a statement of cash flow information.
(2) The financial statements referred to in subsection (1) (a), (b) and (c) shall be in conformity with generally accepted accounting practice.
(3) The Minister shall, as soon as practicable after a report has, in terms of subsection (1), been submitted to him or her, table it in Parliament.
Child Justice Act 75 of 2008
8 Review of minimum age of criminal capacity
In order to determine whether or not the minimum age of criminal capacity as set out in section 7(1) should be raised, the Cabinet member responsible for the administration of justice must, not later than five years after the commencement of this section, submit a report to Parliament, as provided for in section 96(4) and (5).

56 Provision and accreditation of diversion programmes and diversion service providers
(2) (a) The Cabinet member responsible for social development, in consultation with the Cabinet members responsible for the administration of justice, education, correctional services, safety and security and health must—

(i) create a policy framework to develop the capacity within all levels of Government and the non-governmental sector to establish, maintain and develop programmes for diversion;

(ii) establish and maintain a system for accreditation, as prescribed, of programmes for diversion and diversion service providers; and

(iii) ensure the availability of resources to implement diversion programmes, as prescribed.

(b) The system for accreditation referred to in paragraph (a)(ii) must contain—

(i) criteria for the evaluation of diversion programmes to ensure that they comply with the minimum standards referred to in section 55;

(ii) criteria for the evaluation of the content of diversion programmes to ensure that they reflect a meaningful and adequate response to the harm caused by offences committed by children, to achieve the objectives of diversion;

(iii) mechanisms to monitor diversion programmes and diversion service providers in respect of their ability to render quality service in achieving the objectives of diversion and their ability to promote compliance with diversion orders;

(iv) measures for the removal of diversion programmes and diversion service providers from the system, where appropriate.

(c) The Cabinet member responsible for social development must—

(i) before the commencement of this Act, table the policy framework and system for accreditation referred to in paragraph (a)(i) and (ii) in Parliament;

(ii) three months after tabling the policy framework and system for accreditation in Parliament, publish a notice in the Gazette, inviting applications for the accreditation of diversion programmes and diversion service providers, as provided for in the policy framework and system for accreditation referred to in subparagraph (i), which applications must be submitted within four months from the publication of the notice;

(iii) within four months of the closing date for applications referred to in subparagraph (ii), ensure that all applications received are considered and decided on, with preference being given to the finalisation of applications in respect of diversion programmes and diversion service providers which existed at the time of commencement of this Act.

88 Rules of Court
(1) The Cabinet member responsible for the administration of justice may, after due consideration of any proposal put forward by the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), make and implement rules in respect of any aspect of this Act.
(2) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

93 National policy framework
(2) The Cabinet member responsible for the administration of justice must—

(a) within two months after the commencement of this Act, adopt and table the policy framework in Parliament;

(b) publish the policy framework in the Gazette for public comment two months after it has been tabled in Parliament;

(c) review the policy framework within three years after its publication in the Gazette and at least once every five years thereafter; and

(d) amend the policy framework when required, in which case the amendments must be tabled in Parliament and published in the Gazette for public comment, as provided for in paragraph (b).
96 Responsibilities, functions and duties of Intersectoral Committee
(3) The Cabinet member responsible for the administration of justice must, after consultation with the Cabinet members responsible for safety and security, correctional services, social development, education and health—

(a) within one year after the commencement of this Act, submit reports to Parliament, by each Department or institution referred to in section 94(2), on the implementation of this Act; and

(b) every year thereafter submit those reports to Parliament.
(4) In order for Parliament to review the minimum age of criminal capacity, as provided for in section 8, the Intersectoral Committee must, not later than five years after the commencement of this Act, submit a report to the Cabinet member responsible for the administration of justice, setting out the following:

(a) The statistics of the following categories of children who are alleged to have committed an offence and the offences they are alleged to have committed:

(i) Children who are 10 years at the time of the commission of the alleged offence;

(ii) children who are 11 years at the time of the commission of the alleged offence;

(iii) children who are 12 years at the time of the commission of the alleged offence;

(iv) children who are 13 years at the time of the commission of the alleged offence;
(5) The Cabinet member responsible for the administration of justice must, on receipt of the report referred to in subsection (4), submit the report to Cabinet for approval, and thereafter to Parliament for consideration.
97 Regulations, directives, national instructions and register
(1) The Cabinet member responsible for the administration of justice, after consultation, where appropriate, with the Cabinet members responsible for social development, safety and security, education, correctional services and health, may make regulations regarding any matter which is required or permitted by this Act to be prescribed by regulation or any other matter which is necessary or expedient to prescribe in order to achieve the objects of this Act.
(2) The regulations referred to in subsection (1) must be tabled in Parliament for approval.
(4) (a) The National Director of Public Prosecutions must, in consultation with the Cabinet member responsible for the administration of justice, issue directives—

(i) regarding all matters which are reasonably necessary or expedient to be provided for in order to achieve the objectives of this Act, including diversion, the minimum standards applicable thereto and the factors to be considered when selecting a diversion option, and in particular the following:

(aa) The diversion of matters in the case of accused persons who, at the time referred to in section 4(1)(b), were 18 years or older but under the age of 21 years, as provided for in section 4(2); and

(bb) the diversion of matters by a prosecutor in respect of minor offences before a preliminary inquiry in terms of Chapter 6;

(ii) regarding the manner in which matters must be dealt with where an error as to age has been discovered subsequent to the matter being diverted as referred to in section 16; and

(iii) determining the exceptional circumstances in which a matter may be diverted, as provided for in section 52(3).

(b) The Cabinet member responsible for the administration of justice must submit directives issued under this subsection to Parliament for approval, before publication in the Gazette.

(c) The first directives so issued must be submitted to Parliament before the commencement of this Act.
(5) (b) The Cabinet member responsible for safety and security must—

(i) submit any national instructions provided for in this subsection to Parliament 30 days before they are issued; and

(ii) after the expiry of the 30-day period publish them in the Gazette.

(c) The first national instructions so issued must be submitted to Parliament before the commencement of this Act.
(10) If Parliament is required in terms of any provision of this Act to approve any regulations, directives or national instructions, Parliament must do so within six months of those being tabled in Parliament, failing which they will be deemed to have been approved by Parliament.
98 Transitional arrangements
(3) The initial regulations referred to in section 97(1) must be tabled in Parliament for approval by no later than 1 December 2009, and must be approved before the commencement of this Act, failing which they will be deemed to have been approved by Parliament.
99 Repeal or amendment of laws
(1) The laws specified in Schedule 4 are hereby repealed or amended to the extent set out in the third column of that Schedule.
(2) (a) The Cabinet member responsible for the administration of justice may amend the amounts determined in Schedules 1, 2 and 3 of this Act by notice in the Gazette.

(b) Any amount amended as provided for in paragraph (a) must, before publication in the Gazette, be submitted to and approved by Parliament.

Civil Aviation Act 13 of 2009
3 Power to carry out and apply Convention, Transit Agreement and Protocol
(1)  The Minister, in consultation with the Civil Aviation Authority, may—

(a) do all things necessary to ratify, or cause to be ratified on behalf of the Republic, any amendments of or additions to the Convention, the Transit Agreement or Protocol which may be made; and

(b) by proclamation in the Gazette, declare that the amendments or additions so ratified must be observed and have the force and effect of law in the Republic.
(2) Copies of any amendments or additions ratified and proclaimed in terms of subsection (1) (b) must be tabled for inspection in Parliament within 14 days after the publication of the relative proclamation in the Gazette, if Parliament is in ordinary session or, if it is not in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.
15 Procedure and requirements in appointing members of Aviation Safety Investigation Board, filling of vacancies and term of office
(1) The Aviation Safety Investigation Board consists of a Chairperson, Deputy Chairperson and three other members appointed in accordance with the following principles, namely—

(a) participation by the public in the nomination and evaluation process; and

(b) transparency and openness taking into account the objects and principles of this Act.
(2) (a) Before the members of the Board are appointed, the Minister must, through the media, invite members of the public to apply or nominate persons for appointment to the Aviation Safety Investigation Board and who comply with the criteria contemplated in subsection (3).

(b) The Minister must after receipt of the nominations and applications contemplated in paragraph (a) invite at least four aviation experts and the Director to assist in the selection and evaluation of members eligible for appointment to the Aviation Safety Investigation Board.

(c) The aviation experts referred to in paragraph (b) must compile a shortlist consisting of no more than ten persons.

(d) The aviation experts must submit the shortlist to the Department for publication in the Gazette for public comment for a period of not less than 30 days, and the Department must notify Parliament accordingly.

(e) The Minister must, after the period allowed for public comment and consideration thereof as contemplated in paragraph (d), appoint the members as referred to in subsection (1) from a list compiled by the aviation experts.

( f ) The Minister must, within 30 days from the date of appointment of the members of the Aviation Safety Investigation Board, notify Parliament of such appointment and publish such appointment in the Gazette.

(g) The aviation experts contemplated in paragraph (b) may include—

(i) a person with knowledge of and experience in the aviation industry;

(ii) a person with knowledge of and experience in aviation accident and incident investigations;

(iii) a person with a legal background; and

(iv) a person with civil aviation acknowledged technical competencies involved in organised labour from the aviation industry.

(h) An aviation expert contemplated in paragraph (b) receives such remuneration or allowances as may be determined by the Minister after consultation with the Minister of Finance.

(3) Members appointed to the Aviation Safety Investigation Board must be persons who—

(a) are committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of a public service;

(b) when viewed collectively be knowledgeable of aviation transportation having regard to the following factors:

(i) Technical knowledge in matters relating to civil aviation;

(ii) special skills, professional standing, expertise or experience in matters concerning civil aviation; and

(iii) possess suitable qualifications, expertise and experience in the field of aviation accident and incident investigation or any other relevant expertise or qualifications; and

(c) have proven knowledge in accident reconstruction, safety engineering, civil aviation safety or transportation regulations.
(4) In fixing a term of appointment or reappointment, the Minister must endeavour to ensure, to the extent that it is practical to do so, that, notwithstanding periodic changes in the membership of the Aviation Safety Investigation Board, it remains constituted of persons who have had previous experience as members of the Board.
(5)   Any vacancy on the Aviation Safety Investigation Board arising by virtue of the provisions of section 16 (3) or caused by the death of a member, or for any other reason must, be filled by the appointment by the Minister in terms of section 15 (2) of another person for the unexpired portion of the period for which the vacating member was appointed.
(6) The Minister may appoint from the list contemplated in subsection (2) (d) any eligible person to act—

(a) in any member’s stead; or

(b) in a temporary capacity in any vacancy in the Aviation Safety Investigation Board, for such period as the Minister may determine.
(7) The Chairperson and Deputy Chairperson are full time members and are appointed by the Minister for a term of five years and may on the expiration of such term be eligible for one further term only.
(8) A member of the Aviation Safety Investigation Board is a part time member and must hold office for a term not exceeding three years and is on expiration of such member’s term of office eligible for reappointment.


17.   Performance management system
(1) The Minister must establish a performance management system to monitor and evaluate the performance of the members of the Aviation Safety Investigation Board.
(2) The performance management system must—

(a) set appropriate key performance indicators as a yardstick for measuring performance;

(b) set measurable performance targets; and

(c) set a procedure to measure and review performance at least once a year.

(3) As soon as is practicable after the appointment of the members of the Aviation Safety Investigation Board a performance agreement must be concluded between the members of the Aviation Safety Investigation Board and the Minister.
(4) The evaluation of the performance of the members of the Aviation Safety Investigation Board must be conducted by a panel constituted by the Minister.
(5) The panel contemplated in subsection (4) must, after an evaluation of the members of the Aviation Safety Investigation Board, submit a report to the Minister for consideration.
(6) The Minister must cause copies of the report submitted to him or her in terms of subsection (5) to be tabled in Parliament within 14 days of receipt of that report, or, if Parliament is not then in session, within 14 days after commencement of its next ensuing session.

25. Duties of members of Aviation Safety Investigation Board
(3) The Aviation Safety Investigation Board must within the time required by the Public Finance Management Act submit to the Minister an annual report pertaining to the financial state of affairs of the Aviation Safety Investigation Board as at the end of the immediately preceding financial year, consisting of—

(a) a balance sheet, an income statement and a cash-flow statement which is a true and correct reflection of the state of affairs of the Aviation Safety Investigation Board as at the end of that financial year;

(b) a report by the Aviation Safety Investigation Board in accordance with subsection (4);

(c) a report by the auditor of the Aviation Safety Investigation Board in accordance with subsection (5); and

(d) any other statement or report which the Minister or the Minister of Finance may require.
(5) The auditor’s report referred to in subsection (3) (c) must state separately in respect of each of the following matters whether in the auditor’s opinion—

(a) the balance sheet, income statement and cash-flow statement, as well as any other furnished information, fairly represent the financial position and results obtained by the Aviation Safety Investigation Board in accordance with generally accepted accounting practice, as applied on a basis consistent with that of the preceding year;

(b) the information furnished in terms of paragraph (a) is fair in all material respects and, if applicable, on a basis consistent with that of the preceding year;

(c) the transactions of the Aviation Safety Investigation Board that had come to the auditor’s notice in the course of his or her examination were made in accordance with this Act, the Public Finance Management Act and any applicable directives or regulations made thereunder;

(d) the transactions that had come to his or her attention during auditing were in all material respects in accordance with the objects and functions of the Aviation Safety Investigation Board;

(e) there are adequate measures and procedures for the proper application of sound economic, efficient and effective management; and

( f ) attention should be drawn to any other matter falling within the scope of the auditor’s examination which, in his or her opinion, should in the public interest be brought to the notice of the Minister and Parliament.
(6) The Minister must cause copies of the annual report submitted to him or her in terms of subsection (3) to be tabled for inspection in Parliament within 14 days of receipt of that report, or, if Parliament is not then in session, within 14 days after commencement of its next ensuing session.

77.   Appointment of members of Civil Aviation Authority Board.—
(3) The members contemplated in subsection (1) (a) and (1) (c) to ( f ) may be appointed only after—

(a) the Minister has by notice in the Gazette and the media invited interested parties to nominate persons suitable for appointment;

(b) the Minister is satisfied that the person has suitable experience or possesses the qualifications as referred to in subsection (1) (c), to (e); and

(c) The Minister has compiled a list of not more than ten members eligible for appointment to the Civil Aviation Authority Board and publish such list in the Gazette for public comment for a period of not less than 30 days, and notified Parliament accordingly.

(4) After receipt of the comments referred to in subsection (3) (c), the Minister must appoint the members of the Civil Aviation Authority Board and notify Parliament of such appointment within 30 days.

80.   Removal of member of Civil Aviation Authority Board from office
(3) The Minister may relieve the appointed members of the Civil Aviation Authority Board of their office if—

(a) the appointed member or members have failed to substantially comply with the performance agreement entered into in terms of section 94;

(b) (i) the Minister has in writing individually notified every appointed member of the Civil Aviation Authority Board of such failure and the nature of such failure;

(ii) the Minister has afforded the Civil Aviation Authority Board a reasonable opportunity to make a written submission to him or her in respect of the notification contemplated in subparagraph (i);

(iii) after consideration of the submission contemplated in subparagraph (ii) and if such submission does not satisfactorily address the failure specified in the Minister’s notification contemplated in subparagraph (i), the Minister has afforded the Civil Aviation Authority Board a reasonable opportunity to rectify that failure; and

(iv) all appointed members of the Civil Aviation Authority Board are relieved of their office on the same date and on the same conditions; and

(c) the Minister has within 14 days of issuing the notification contemplated in paragraph (b) (i) and tabled thereof a copy in Parliament, or, if Parliament is not then in session, has published a copy of that notification in the Gazette.
85.   Appointment and removal of Director.—
(2)  After receipt of the comments referred to in subsection (1) (b), and the evaluation of the persons referred to in that subsection, the Minister must appoint the Director and notify Parliament within 30 days of such appointment.
100.   Ministerial order.—
(1) The Minister may after consultation with the Civil Aviation Authority in writing issue an order in respect of aviation matters requiring the Civil Aviation Authority to do or not to do what is mentioned in the order, if the Minister considers it necessary so to order—

(a) in the interests of aviation safety and security; or

(b) to discharge or facilitate the discharge of an international obligation of the State.
(4) The Minister must cause a copy of every order issued in terms of subsection (1) to be tabled in Parliament within 14 days of issuing of that order, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.


155.   Regulations.—
(4)  Any regulation—

(a) only comes into operation on publication in the Gazette; and

(b) must be tabled in Parliament by the Minister within 14 days of publication in terms of paragraph (a) or, if Parliament is not then in session, at the commencement of its next ensuing session.

Civilian Secretariat for Police Service Act, Act 2 of 2011
6. Functions of Civilian Secretariat

(1) The Civilian Secretariat must, in order to achieve its objects—

(a) monitor the performance of the police service and regularly assess the extent to which the police service has adequate policies and effective systems and to recommend corrective measures;

(b) monitor the utilisation of the budget of the police service to ensure compliance with any policy directives or instructions of the Minister;

(c) monitor and evaluate compliance with the Domestic Violence Act, 1998 (Act No. 116 of 1998);

(d) make recommendations to the police service on disciplinary procedures and measures with regard to non-compliance with the Domestic Violence Act, 1998;

(e) consider such recommendations, suggestions and requests concerning police and policing matters as it may receive from any source;

(f) conduct or cause to be conducted any research as it may deem necessary;

(g) enter into either memoranda of understanding or agreements or both, in consultation with the Minister, with civilian oversight groups and other parties and engage such groups and parties to strengthen co- operation between the various roleplayers;

(h) advise and support the Minister in the exercise of his or her powers and the performance of his or her functions;

(i) provide the Minister with regular reports with regard to—

(i) the performance of the police service; and

(ii) implementation of and compliance by the police service with policy directives issued or instructions made by the Minister; and

(j) assess and monitor the police service’s ability to receive and deal with

complaints against its members.

(2) The Civilian Secretariat must, for the purpose of subsection (1), establish

competencies and capabilities in its operations in order to—

(a) (i) conduct research into any policing matter and report to the Secretary thereon;

(ii) provide policy advice to the Minister through the Secretary;

(iii) make available recent, relevant and evidence-based research to the Minister and to Parliament;

13. Reporting
The Secretary must submit quarterly reports to the Minister and the parliamentary

committees responsible for police on the activities of the Civilian Secretariat.

15. (3) The Minister must table in Parliament a copy of the annual report, financial

statements and the audit report on those statements within one month after receipt

thereof if Parliament is then in session, or if Parliament is not then in session, within one

month after the commencement of its next ensuing session.

33. Izimiso zomthetho
(1) UNgqongqoshe ngemuva kokuxoxisana noNobhala, angenza izimiso

zomthetho ezimayelana—

(a) nodaba ngokwemigomo yalo Mthetho olunganqunywa noma okufanele lunqunywe;

(b) nezinyathelo ukuze kukhuthazwe ukulandela lo Mthetho; kanye

(c) nolunye udaba lokuseka noma oluhambisanayo okufanele lunqunywe ukuze kusetshenziswe ngendlela noma kusingathwe lo Mthetho.
(2) Regulations with regard to the implementation of this Act must be submitted to the Minister by the Secretary within three months of the commencement of this Act.
(3) The regulations referred to in subsection (1) must be submitted to Parliament for notification purposes before promulgation.