Contents: Obligations of Parliament and its separate bodies

Criminal Procedure Amendment Act 76 of 1997

4 Savings
(1) Pending the commencement of the Legal Aid Guide as contemplated in section 3A of the Legal Aid Act, 1969, and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 of this Act.
(2) (a) The directives referred to in subsection (1) must be published in the Gazette.
(b) Before the directives are published in the Gazette, they must be submitted to Parliament and tabled as soon as possible.
7 Transitional arrangements
(2) (a) …
(b) The Rules Board for Courts of Law must revise and, when necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in accordance with the provisions of this Act.
(c) Any draft rules contemplated in paragraph (b) must, within three months after the date of the commencement of this Act, be submitted to Parliament.
(d) Any amended rules must be approved by Parliament and thereafter be published in the Gazette.

Cross-border Insolvency Act 42 of 2000

2 Scope of application

(2) (a) Subject to paragraph (b), this Act applies in respect of any State designated by the Minister by notice in the Gazette.
(b) The Minister may only designate a State as contemplated in paragraph (a) if he or she is satisfied that the recognition accorded by the law of such a State to proceedings under the laws of the Republic relating to insolvency justifies the application of this Act to foreign proceedings in such State.
(3) The Minister may at any time by subsequent notice in the Gazette withdraw any notice under subsection (2) (a), and thereupon any State referred to in such last-mentioned notice ceases to be a foreign State for the purposes of this Act.
(4) Any notice referred to in subsection (2) (a) or (3) must, before publication in the Gazette, be approved by Parliament.
(5) Where the Minister withdraws a notice in terms of subsection (3), such withdrawal does not affect any pending legal proceedings and such proceedings must continue as if the notice had not been withdrawn.

Cross-Border Road Transport Act 4 of 1998

4 Establishment of Agency
(1) A juristic person, known as the Cross-Border Road Transport Agency, is hereby established.
22 Reporting
(1) The Board must report to-
(a) the Minister at least once every year on its activities, including its audited and approved financial statements in respect of all its business; and
(b) the Tribunal at least once a year on matters of mutual interest and, as the need arises, notify the Tribunal of problems which require its co-operation and co-ordination to resolve.
(2) The Minister must table such report in Parliament within a reasonable time.

Cross Boundary Municipalities Laws Repeal and Related Matters Act 23 of 2005

5 Transitional arrangements regarding the transfer of provincial functions, assets and liabilities
(1) Where a particular area is relocated from one province (the releasing province) to another province (the receiving province) at the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005-
(a) any function exercised or service delivered by the provincial government of the releasing province in the area in question must, subject to subsections (2) and (3), be exercised or delivered by the provincial government of the receiving province; and

(b) any asset, right, obligation, duty or liability associated or connected with the exercise of such function or the delivery of such service vests in the provincial government of the receiving province.

(2) The provincial government of the releasing province and the provincial government of the receiving province may before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005 enter into an implementation protocol in terms of section 35 of the Intergovernmental Relations Framework Act, 2005 (Act 13 of 2005), in order to provide for-

(a) the provincial government of the releasing province to continue exercising a function or delivering a service on an agency basis in the area in question; or

(b) the transfer of staff in accordance with applicable labour law from the provincial government of the releasing province to the provincial government of the receiving province.

(3)
(a) If an agreement on the content of an implementation protocol envisaged in subsection (2) cannot be reached before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005, the matter must be referred to the National Council of Provinces.

(b) The National Council of Provinces is mandated to assist the provincial governments concerned in any manner necessary in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005.

(c) If no agreement is reached within the period referred to in paragraph (b), subsection (1) applies without any exception.

(d) Where a matter has been referred to the National Council of Provinces as provided for in paragraph (a), the provincial government of the releasing province must continue to exercise any relevant function and deliver any relevant service in the area in question during the two month period referred to in paragraph (b).

Cultural Institutions Act 119 of 1998

3 Application of Act, establishment and amalgamation of declared institutions

(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 in the Gazette declare that a declared institution or any other institution must be amalgamated with a flagship institution established by section 6 (1) or (2).
(4) The Minister may by notice in the Gazette declare that a declared institution or other institution must be amalgamated with other declared institutions or other institutions to form a new flagship institution.
(5) A flagship institution declared under subsection (4) is subject to section 6 (4).
5 Establishment and constitution of a council
(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
(b) the director of the declared institution concerned.
8 Functions of council
(7) A council must submit an annual report to the Minister which must contain such information regarding the activities and financial position of the council as may be prescribed.
(8) The Minister must table the report referred to in subsection (7) in Parliament within 14 days of receipt thereof if Parliament is then sitting, and if Parliament is not sitting, within 14 days after the commencement of the next sitting.
(9) Within five months after the report has been tabled, a delegation consisting of the chairperson of the relevant council and at least two other council members must brief the relevant committees of Parliament on the annual report.