Contents: Obligations of Parliament and its separate bodies

Local Government: Municipal Structures Act 117 of 1998

34 Dissolution of municipal councils

(3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province if-
(a) the Electoral Commission in terms of section 23 (2) (a) of the Demarcation Act is of the view that a boundary determination affects the representation of voters in that council, and the remaining part of the existing term of municipal councils is more than one year; or
(b) an intervention in terms of section 139 of the Constitution has not resulted in the council being able to fulfil its obligations in terms of legislation.
(4) The MEC for local government may dissolve a municipal council in terms of subsection (3)(b) only-
(a) with the concurrence of the Minister; and
(b) after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution.

Local Government: Municipal Systems Act 32 of 2000

9 Assignment of functions or powers to municipalities generally by Acts of Parliament or provincial Acts

(1) A Cabinet member or Deputy Minister seeking to initiate the assignment of a function or power by way of an Act of Parliament to municipalities in general, or any category of municipalities, must within a reasonable time before the draft Act providing for the assignment is introduced in Parliament-

(3) When draft legislation referred to in subsection (1) or (2) is introduced in Parliament or a provincial legislature, the legislation must be accompanied by-

(a) a memorandum-

(i) giving at least a three-year projection of the financial and fiscal implications of the assignment of that function or power for those municipalities;

(ii) disclosing any possible financial liabilities or risks after the three-year period;

(iii) indicating how any additional expenditure by those municipalities will be funded; and

(iv) indicating the implications of the assignment for the capacity of those municipalities; and

(b) the assessment of the Financial and Fiscal Commission referred to in subsection (1) (a) or (2) (a), as the case may be.

47 Reports by MEC
(1) The MEC for local government must annually compile and submit to the provincial legislatures and the Minister a consolidated report on the performance of municipalities in the province.
(2) The report must-
(a) identify municipalities that under-performed during the year;
(b) propose remedial action to be taken; and
(c) be published in the Provincial Gazette.
(3) The MEC for local government must submit a copy of the report to the National Council of Provinces.
48 Reports by Minister
(1) The Minister must annually compile and submit to Parliament and the MECs for local government a consolidated report of local government performance in terms of general key performance indicators.
106 Non-performance and maladministration
(1) If an MEC has reason to believe that a municipality in the province cannot or does not fulfil a statutory obligation binding on that municipality or that maladministration, fraud, corruption or any other serious malpractice has occurred or is occurring in a municipality in the province, the MEC must-
(a) by written notice to the municipality, request the municipal council or municipal manager to provide the MEC with information required in the notice; or
(b) if the MEC considers it necessary, designate a person or persons to investigate the matter.
(2) In the absence of applicable provincial legislation, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act 8 of 1947), and the regulations made in terms of that Act apply, with the necessary changes as the context may require, to an investigation in terms of subsection (1) (b).
(3) An MEC issuing a notice in terms of subsection (l) (a) or designating a person to conduct an investigation in terms of subsection (1) (b), must submit a written statement to the National Council of Provinces motivating the action.
120 Regulations and guidelines
(1) The Minister may, by notice in the Gazette and after consultation with organised local government representing local government nationally, make regulations or issue guidelines not inconsistent with this Act concerning-
(a)…
(7) Regulations made in terms of this section-
(a) must be submitted to Parliament at least 30 days before their publication in the Gazette; and

Long-term Insurance Act 52 of 1998

2 Registrar of Long-term Insurance

(1) There shall be a Registrar of Long-term Insurance with the powers and duties conferred on or assigned to the Registrar by or under this Act or any other law.
5 Annual report
(1) The Registrar shall submit to the Minister a report on the Registrar's activities under this Act during each year ending 31 December, and shall furnish any additional information relating to anything done by the Registrar under this Act that the Minister may require.
(2) A copy of the report submitted to the Minister in terms of subsection (1) shall be tabled in Parliament within 30 days after receipt of the report if Parliament is then in session or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session.

Lotteries Act 57 of 1997

2 Establishment of National Lotteries Board

There is hereby established a board to be known as the National Lotteries Board, which shall be a juristic person.
3 Composition of board
(1) Subject to subsection (3), the Minister shall appoint the members of the board, which shall consist of-
(a) a chairperson, who shall be a person with applicable knowledge or experience with regard to matters connected with the functions of the board;
(3) The member contemplated in paragraph (a) of subsection (1) shall be appointed only after the Minister has by notice in the Gazette and in not less than two newspapers circulating in every province invited interested parties to nominate persons suitable for appointment as chairperson and the relevant committee of the National Assembly has made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated, having due regard to the functions of the board.
10 Functions of board
The board shall, applying the principles of openness and transparency and in addition to its other functions in terms of this Act-
(a) advise the Minister on the issuing of the licence to conduct the National Lottery as contemplated in section 13 (1) and on any matter contemplated in section 14 (2) (g);
(b) ensure that-
(i) the National Lottery and sports pools are conducted with all due propriety and strictly in accordance with the Constitution, this Act, all other applicable law and the licence for the National Lottery together with any agreement pertaining to that licence;
(ii) the interests of every participant in the National Lottery are adequately protected; and
(iii) subject to subparagraphs (i) and (ii), the net proceeds of the National Lottery are as large as possible;
(c) administer the fund and hold it in trust;
(d) monitor, regulate and police lotteries incidental to exempt entertainment, private lotteries, society lotteries and any competition contemplated in section 54;
(e) advise the Minister on percentages of money to be allocated in terms of section 26 (3);
(f) advise the Minister on the efficacy of legislation pertaining to lotteries and ancillary matters;
(g) advise the Minister on establishing and implementing a social responsibility programme in respect of lotteries;
(h) administer and invest the money paid to the board in accordance with this Act and the licence for the National Lottery;
(i) perform such additional duties in respect of lotteries as the Minister may assign to the board;
(j) make such arrangements as may be specified in the licence for the protection of prize monies and sums for distribution; and
(k) advise the Minister on any matter relating to the National Lottery and other lotteries or any other matter on which the Minister requires the advice of the board.
12 Audit and annual report
(1) The board shall-
(a) keep proper books and records in relation to receipts and payments;
(b) prepare a report of all the activities of the board, including financial statements, in respect of each financial year and the board's regulatory functions in respect of all lotteries and all matters in respect of which the board rendered advice or made recommendations to the Minister in accordance with paragraphs (e), (f) and (g) of section 10; and
(c) annually within three months after the end of each financial year, submit the report and financial statements referred to in paragraph (b) to Parliament, and if Parliament is not then in session, on the first day of the next session.
(5) The report referred to in subsection (1) shall be laid upon the Table in Parliament forthwith after it is submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, on the first day of the commencement of the next ensuing session of Parliament.
18 Notice of proposed revocation
(1) If the Minister or the board is satisfied that grounds exist for the revocation of the licence granted in terms of section 13, he, she or the board, as the case may be, shall in writing notify the licensee of the existence of such grounds and call upon the licensee to furnish reasons, within 14 days of service of that notice at the registered physical address of the licensee, as to why the licence should not be revoked, failing which the licence will cease to be valid upon the expiration of the said period of 14 days.
(2) If the licence for the National Lottery ceases to be valid in terms of subsection (1), the Minister or the board, as the case may be, shall forthwith inform the licensee and Parliament in writing of that fact and of the date upon which the licence ceased to be valid, and if Parliament is not then in session, it shall be so informed on the first day of the next session.
19 Suspension of licence
(1) The Minister or the board may order a suspension of the licence in the notice contemplated in section 18 (1) as from the date of service of that notice for a period of not longer than 30 days after the licensee has furnished those reasons: Provided that the Minister or the board, whoever acts in terms of this section, shall inform the other of his or her or its actions.
(2) If the Minister or the board decides to suspend the licence in terms of subsection (1), the Minister shall forthwith inform Parliament of that fact and of the grounds for the suspension, and if Parliament is not then in session, on the first day of the next session of Parliament.
(3) The licence shall immediately cease to be valid if it is suspended for a second time.
(4) The Minister shall forthwith inform Parliament if the licence has ceased to be valid in terms of subsection (3), and if Parliament is not then in session, on the first day of the next session of Parliament.
20 Revocation of licence
(1) If reasons are furnished by the licensee as contemplated in section 18(1), the Minister or the board, as the case may be, shall after considering such reasons-
(a) decide whether or not to revoke the licence; or
(b) call upon the licensee to appear before the board on a specified date to make oral representations in support of any written representations made by the licensee or to answer any questions which the Minister or the board, as the case may be, may have with regard to such written representations, whereafter the Minister or the board shall consider the matter and decide whether or not to revoke the licence.
(3) If the Minister or the board decides to revoke the licence in terms of subsection (1), the Minister or the board, as the case may be, shall inform the Minister of Finance and Parliament of that fact and of the grounds for that revocation forthwith, and if Parliament is not then in session, on the first day of the next session of Parliament.
21 Establishment of National Lottery Distribution Trust Fund
(1) There is hereby established a fund to be known as the National Lottery Distribution Trust Fund, to be managed by the board.
(2) The board shall annually table a report in Parliament in respect of the fund, which may form part of the report contemplated in section 12 (1) (b).