Contents: Obligations of Parliament and its separate bodies

Magistrates’ Courts Act 32 of 1944

9 Appointment of judicial officers

(4) (a) A magistrate at the head of a regional division or a person occupying the office of chief magistrate, including an acting chief magistrate authorized thereto in writing by the Minister, may-
(i) whenever a magistrate, additional magistrate or assistant magistrate is for any reason unavailable to carry out the functions of his or her office; and
(ii) in consultation with the Minister or an officer in the Department of Justice and Constitutional Development designated by the Minister,
temporarily appoint any competent person in the place of the magistrate concerned.
(b) An appointment in terms of paragraph (a) remains valid for the duration of the unavailability of the magistrate in question, or for a period not exceeding five consecutive court days, whichever period is the shortest.
(c) Any person appointed in terms of paragraph (a) may-
(i) upon the expiry of the appointment in terms of paragraph (b); and
(ii) if the magistrate in whose place the appointment has been made, is still unavailable,
be reappointed once only in terms of paragraph (a) in the place of that magistrate.
(5) (a) Any person appointed in terms of subsection (3)-
(i) holds that office for a period determined by the Minister at the time of the appointment, but the period so determined may not exceed three months; and
(ii) may be reappointed to that office in terms of subsection (3).
(b) The Minister must cause Parliament and the Magistrates Commission to be informed whenever any vacancy in the office of a magistrate has remained unfilled for a continuous period exceeding three months.

Maintenance Act 99 of 1998

4 Maintenance officers

(1) (a) Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court.
(b) The National Director of Public Prosecutions shall, in consultation with the Minister, issue policy directions with a view to-
(i) establishing uniform norms and standards to be observed by public prosecutors in the performance of their functions as maintenance officers under this Act;
(ii) building a more dedicated and experienced pool of trained and specialised maintenance officers.
(c) The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof.
44 Regulations
(2) The Minister shall cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after the publication thereof.

Management of State Forests Act 128 of 1992

2 Incorporation of public company

(4) The Minister shall take up shares in the Company so incorporated on behalf of the State, and then exercise the State's rights as member and shareholder of the Company.
(5) The shares contemplated in subsection (4) shall only be sold or otherwise disposed of with the approval, by resolution, of Parliament.


Mandating Procedures of Provinces Act 52 of 2008
REQUIREMENTS IN RESPECT OF FINAL MANDATES AND VOTING ON BEHALF OF PROVINCIAL LEGISLATURE
3. Requirements in respect of final mandates
Every final mandate required in terms of this Act must be on the letterhead of the provincial legislature and must—

(a) indicate the name and number of the Bill being voted on;

(b) indicate whether the provincial legislature votes in favour of or against, or abstains from voting on, the Bill;

(c) contain the signature of the Speaker or of a person designated by the Speaker to preside over that specific Bill;

(d) be addressed to the Chairperson of the NCOP or a person designated by the Chairperson of the NCOP; and

(e) follow the format prescribed in Schedule 2.
4. Voting on behalf of provincial legislature
A Premier of a province, or a delegate of a provincial delegation to the NCOP designated by the Premier, must cast a vote on behalf of a provincial legislature.
PROCEDURES IN RESPECT OF MANDATES
5. Negotiating mandates
A committee designated by a provincial legislature must in accordance with the format prescribed in Schedule 1 confer authority on its provincial delegation to the NCOP of parameters for negotiation when the relevant NCOP select committee considers a Bill after tabling and before consideration of final mandates, and may include proposed amendments to the Bill.
6. Final mandates
A provincial legislature must confer authority on its provincial delegation to the NCOP to cast a vote when the relevant NCOP select committee considers a Bill prior to voting thereon in an NCOP plenary.
7. Legislative mandates requiring both negotiating and final mandates
Legislative (negotiating and final) mandates are required in respect of a Bill referred to—

(a) in section 74(1)(b), (2)(b), (3)(b) and (8) of the Constitution; and

(b) in section 76 of the Constitution.
8. Voting mandates

(1) A provincial legislature must confer the authority on the head of the provincial delegation to the NCOP, or a delegate designated by the head of the delegation, to cast a vote in an NCOP plenary.

(2) If no matter arises from the deliberations of the NCOP select committee when considering final mandates which may necessitate consideration by a provincial legislature, the provincial delegation to the NCOP must table its province’s final mandate in the NCOP plenary as that province’s voting mandate.

Marine Living Resources Act 18 of 1998

29 Establishment of Fisheries Transformation Council

The Minister shall establish a body by notice in the Gazette, which shall be called the Fisheries Transformation Council.
36 Reporting
(1) The Council shall annually not later than the first day of March, submit to the Minister a report on all its activities during the previous year.
(2) The report referred to in subsection (1) shall be laid upon the Table in Parliament within 14 days after it was submitted to the Minister, if Parliament is then in session, or if Parliament is not then in session, within 14 days of the commencement of the next ensuing session.