Contents: Obligations of Parliament and its separate bodies

Government Service Pension Act 57 of 1973

8 Annuities or benefits may not be granted or varied except in accordance with statute

Save as is otherwise provided in this Act, no award of an annuity or other similar benefit or any increase thereof in respect of any person's former employment in the public service, the permanent force, the police force, the prisons service or provincial service, or in the public or civil service of any part of South Africa now included in the Republic, and no alteration of any condition or condonation of a breach of any condition upon which such annuity or benefit is by law earned or to be earned, shall be lawful unless the award, increase, alteration or condonation is specially authorized by Act of Parliament.

Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996

5 Regulations
(1) The Minister may make regulations-
(a) to give effect to any provision of the Convention;
(b) prescribing fees, and providing for the recovery of any expenditure incurred, in connection with the application of the Convention.
(2) A regulation made under subsection (1) may prescribe a penalty of a fine or of imprisonment for a period not exceeding 12 months for any contravention thereof or failure to comply therewith.
(3) Any regulation made under subsection (1) shall be laid upon the Table in Parliament within 14 days after the publication thereof in the Gazette if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the next ensuing ordinary session.
(4) Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by both Houses of Parliament during the session in which such regulation has been laid upon the Table, be rejected, and if the said regulation or provision is so rejected the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.

Heraldry Act 18 of 1962

3. Bureau of heraldry

(1)  There is hereby established a bureau of heraldry for the registration of heraldic representations, names, special names or uniforms and for the performance of such other functions as are assigned to the bureau by or under this Act.

6 Heraldry council and heraldry committee
(1) There is hereby established a heraldry council which shall consist of the state herald and at least six other members appointed by the Minister on such conditions and for such period as he may determine: Provided that the Minister may at any time remove any member appointed by him from office if in his opinion sufficient reasons exist for doing so.
(3) There is hereby established a heraldry committee consisting of the chairman and the state herald and such number of other members of the council as the Minister may designate, to-
24 Annual report
(1) The state herald shall report annually to the Minister on the activities of the bureau and the council.
(2) The Minister shall table a copy of such report in Parliament within 14 days after receipt thereof if Parliament is then sitting or, if Parliament is not then sitting, within 14 days after the commencement of the next ensuing sitting of Parliament.

Higher Education Act 101 of 1997

3 Determination of higher education policy

(1) The Minister must determine policy on higher education after consulting the CHE.
(2) The Minister must-
(a) publish such policy by notice in the Gazette; and
(b) table such policy in Parliament.
4 Establishment of Council on Higher Education (CHE)
The Council on Higher Education (CHE) is hereby established as a juristic person.
19 Annual report
(1) The CHE must, within six months after the end of each financial year, submit a report to the Minister on the performance of its functions during the past financial year.
(2) The Minister must table copies of the report in Parliament as soon as reasonably practicable.
32 Institutional statutes and institutional rules
(1) The council of a public higher education institution may make-
(a) an institutional statute, subject to section 33, to give effect to any matter not expressly prescribed by this Act; and
(b) institutional rules to give effect to the institutional statute.
33 Institutional statutes to be approved or made by Minister
(1) Any institutional statute must be submitted to the Minister for approval, and if so approved must be published by notice in the Gazette and comes into operation on the date mentioned in such notice.
(2) The Minister must table any institutional statute made under section 32 in Parliament as soon as reasonably practicable after it has been published as contemplated in subsection (1).
42 Action on failure of council to comply with this Act or certain conditions
(1) If the council of a public higher education institution fails to comply with any provision of this Act under which an allocation from money appropriated by Parliament is paid to the institution, or with any condition subject to which any such allocation is paid to such institution, the Minister may call upon such council to comply with the provision or condition within a specified period.
(2) If such council thereafter fails to comply with the provision or condition, the Minister may withhold payment of any commensurate portion of any allocation appropriated by Parliament in respect of the public higher education institution concerned.
(3) Before taking action under subsection (2), the Minister must-
(a) give notice to the council of the public higher education institution concerned of the intention so to act;
(b) give such council a reasonable opportunity to make representations; and
(c) consider such representations.
(4) If the Minister acts under subsection (2), a report regarding such action must be tabled in Parliament by the Minister as soon as reasonably practicable after such action.
Higher Education and Training Amendment Act 25 of 2010
25F. Publication of national education policy
The Minister shall within 21 days after determining policy in terms of section 25B—

(a) give notice of such determination in the Gazette and indicate in such notice where the policy instrument with regard to which the notice was issued may be obtained; and

(b) table the policy instrument contemplated in paragraph (a) in Parliament within 21 days after the notice has appeared in the Gazette, if Parliament is then in session, or, if Parliament is in recess, within 21 days after the commencement of the first ensuing session of Parliament.
25G. Monitoring and evaluation of adult education and training
(1) The Minister shall direct that the standards of adult education and training provision, delivery and performance throughout the Republic be monitored and evaluated by the Department annually or at other specified intervals, with the object of assessing progress in complying with the provisions of the Constitution and with national adult education and training policy, particularly as determined in terms of section 25B.

(2) Each directive issued in terms of subsection (1) shall comply with the provisions of any law establishing a national qualifications framework, and shall be formulated after consultation with the Council of Education Ministers.

(3) The Department shall undertake the monitoring and evaluation contemplated in subsection (1) by analysis of data gathered by means of adult education and training management information systems, or by other suitable means, in co-operation with provincial departments of education.

(4) The Department shall fulfil its responsibilities in terms of subsections (1) to (3) in a reasonable manner, with a view to enhancing professional capacities in monitoring and evaluation throughout the national education system, and assisting the competent authorities by all practical means within the limits of available public resources to raise the standards of adult education and training provision and performance.

(5) The Department shall prepare and publish a report on the results of each investigation undertaken in terms of subsection (3) after providing an opportunity for the relevant provincial education department to comment, which comment shall be published with the report.

(6) If a report prepared in terms of subsection (5) indicates that the standards of adult education and training provision, delivery and performance in a province do not comply with the Constitution or with the policy determined in terms of section 25B, the Minister shall inform the provincial political head of education concerned and require the submission, within 90 days, of a plan to remedy the situation.

(7) A plan required by the Minister in terms of subsection (6) shall be prepared by the provincial education department concerned, in consultation with the Department, and the Minister shall table the plan in Parliament with his or her comments within 21 days of receipt, if Parliament is then in session, or, if Parliament is in recess, within 21 days after the commencement of the first ensuing session of Parliament.
41F. Publication of national education policy
The Minister shall within 21 days after determining policy in terms of section 41B—

(a) give notice of such determination in the Gazette and indicate in such notice where the policy instrument issued with regard thereto may be obtained;

(b) table the policy instrument contemplated in paragraph (a) in Parliament within 21 days after the notice has appeared in the Gazette, if Parliament is then in session, or, if Parliament is in recess, within 21 days after the commencement of the first ensuing session of Parliament.
41G. Monitoring and evaluation of further education and training

(1) The Minister shall direct that the standards of further education and training provision, delivery and performance throughout the Republic be monitored and evaluated by the Department annually or at other specified intervals, with the object of assessing progress in complying with the provisions of the Constitution and with national further education and training policy, particularly as determined in terms of section 41B.

(2) Each directive issued in terms of subsection (1) shall comply with the provisions of any law establishing a national qualifications framework, and shall be formulated after consultation with the Council of Education Ministers referred to in section 41D(1).

(3) The Department shall undertake the monitoring and evaluation contemplated in subsection (1) by analysis of data gathered by means of further education and training management information systems, or by other suitable means, in co-operation with provincial education departments.

(4) The Department shall fulfil its responsibilities in terms of subsections (1) to (3) in a reasonable manner, with a view to enhancing professional capacities in monitoring and evaluation throughout the national education system, and assisting the competent authorities by all practical means within the limits of available public resources to raise the standards of further education and training provision and performance.

(5) The Department shall prepare and publish a report on the results of each investigation undertaken in terms of subsection (3) after providing an opportunity for the provincial education department concerned to comment, which comment shall be published with the report.

(6) If a report prepared in terms of subsection (5) indicates that the standards of further education and training provision, delivery and performance in a province do not comply with the Constitution or with the policy determined in terms of section 41B, the Minister shall inform the provincial political head of education concerned and require the submission, within 90 days, of a plan to remedy the situation.

(7) A plan required by the Minister in terms of subsection (6) shall be prepared by the provincial education department concerned, in consultation with the Department, and the Minister shall table the plan in Parliament with his or her comments within 21 days of receipt, if Parliament is then in session, or, if Parliament is in recess, within 21 days after the commencement of the first ensuing session of Parliament.