Contents: Obligations of Parliament and its separate bodies

National Railway Safety Regulator Act 16 of 2002

4 Establishment of Railway Safety Regulator

A juristic person to be known as the Railway Safety Regulator, comprising of a board, a chief executive officer and staff, is established by this section.
20 Reporting to Minister and Parliament
(1) The Regulator must produce and submit to the Minister an annual report on the safety of workers, the public and the environment associated with railway operations that the Regulator is required to regulate under this Act including any other matters that may be prescribed.
(2) The Minister must table the annual report submitted to him or her in terms of subsection (1) in Parliament within 14 days-
(a) of receipt thereof if Parliament is in session; or
(b) after the commencement of its ensuing session, if Parliament is not in session.
21 Judicial management and liquidation of Regulator
Despite the provisions of any other law, the Regulator may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted especially for that purpose.
50 Making of regulations
(1) The Minister may, after consultation with the board, and by notice in the Gazette, make regulations as to any matter-
(a) required to be prescribed in terms of this Act;
(b) which is necessary to prescribe for the effective administration of this Act.
(2) Any regulation made in terms of subsection (1) may provide that-
(a) the contravention thereof, or failure to comply therewith, is an offence; and
(b) a person convicted of that offence is punishable with a prescribed fine or a term of imprisonment not longer than the period so prescribed.
(3) The Minister must, before making any regulations in terms of this Act-
(a) publish a notice in the Gazette-
(i) setting out the draft regulations; and
(ii) inviting written comments to be submitted on the proposed regulations, specifying an address to which, and a date before which, the comments may be submitted, which date may not be earlier than 60 days after publication of the notice;
(b) consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons;
(c) consider all comments received on or before the date specified in paragraph (a) (ii); and
(d) on request by the National Assembly or the National Council of Provinces or a committee of the National Assembly or the National Council of Provinces, report on the extent to which a specific comment has been taken into account, or if a comment was not taken into account, provide the reason why it was not taken into account.

51 Consideration of regulations

The Minister must, within 30 days after making any regulations in terms of this Act, table the regulations in the National Assembly and the National Council of Provinces.

National Research Foundation Act 23 of 1998

1 Definitions

'president' means the person appointed as the chief executive officer of the Foundation under section 10;
2 Establishment of Foundation
There is established, as from a date fixed by the President of the Republic of South Africa by proclamation in the Gazette, a juristic person to be known as the National Research Foundation.
6 Board of Foundation
(1) The Foundation acts through a board consisting of-
(a) subject to subsection (2)-
(i) a chairperson, appointed by the Minister;
(ii) not fewer than nine but not more than eleven other members, appointed by the Minister, after consultation with the Minister of Education; and
(b) the president, by virtue of his or her office.
(2) (a) For the purposes of appointing the members of the Board referred to in subsection (1) (a), the Minister must appoint a panel which must compile a shortlist of candidates of no more than 20 names.
(b) The panel must compile the shortlist after following a transparent and competitive nomination process.
(c) The members of the Board referred to in subsection (1) (a) must be appointed by the Minister after consultation with the relevant committees of the National Assembly and the National Council of Provinces and after consideration of the shortlist of candidates.
10 President of Foundation
(1) The Board must appoint a chief executive officer for the Foundation, who will also be the president of the Foundation. The appointment must be made after following a transparent and competitive nomination process.
(2) The president must report to the Board on those affairs which the Board may require.
(3) The president must be appointed or reappointed for such period, but not exceeding five years, and subject to such conditions, including conditions relating to the payment of remuneration and allowances, as the Board may, subject to section 13 (2), determine.

(4) (a) Whenever the president is absent or unable to carry out his or her duties, or whenever there is a vacancy in the office of the president, the Board may appoint any person in the service of the Foundation to act as president.

(b) The acting president has all the powers and performs all the duties of the president.
18 Audit, annual report and financial report
(1) The Auditor-General must audit the financial statements of the Foundation.
(2) The Foundation must-
(a) furnish to the Minister the information which he or she may require in connection with the activities and financial position of the Foundation; and
(b) submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require.
(3) The Minister must table the annual report in Parliament within 14 days after the receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its following ordinary session.
National Road Traffic Amendment Act 64 of 2008
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of 1998 and section 31 of Act 21 of 1999
20. Section 75 of the principal Act is hereby amended—
(6) Before the Minister makes any regulation, the Minister must cause a draft of the proposed regulations—

(a) to be referred to Parliament for comment;

(b) at the same time, to be published in the Gazette together with a notice calling upon all interested persons to lodge in writing, and within a period specified in the notice, but not less than four weeks as from the date of publication of the notice, any objections or representations which they would like to raise or make, with the Director-General for submission to the Minister: Provided that, if the Minister thereafter decides to alter the draft regulation as a result of any objections or representations submitted thereafter, it shall not be necessary to publish such alterations before making the regulations.