Contents: Obligations of Parliament and its separate bodies


Protected Disclosures Act 26 of 2000



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Protected Disclosures Act 26 of 2000

10 Regulations


(1) The Minister may, after consultation with the Minister for the Public Service and Administration, by notice in the Gazette make regulations regarding-
(a) for the purposes of section 8 (1), matters which, in addition to the legislative provisions pertaining to such functionaries, may in the ordinary course be referred to the Public Protector or the Auditor-General, as the case may be;
(b) any administrative or procedural matter necessary to give effect to the provisions of this Act; and
(c) any other matter which is required or permitted by this Act to be prescribed.
(3) Any regulation made in terms of this section must be submitted to Parliament before publication thereof in the Gazette.
(4) (a) The Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employees who wish to report or otherwise remedy an impropriety.
(b) The guidelines referred to in paragraph (a) must be approved by Parliament before publication in the Gazette.

Protection from harassment Act 17 of 2011
19. Regulations

(1) The Minister may make regulations regarding—



(a) any form required to be prescribed in terms of this Act;

(b) financial assistance to be provided by the State—

(i) to a complainant who does not have the means to pay the fees of any service in terms of this Act; or

(ii) to a witness who attends any proceedings in terms of this Act;

(c) any matter required to be prescribed in terms of this Act; and

(d) any other matter which the Minister deems necessary or expedient to be prescribed in order to achieve the objects of this Act.
(2) Any regulation made under subsection (1)—

(a) must be submitted to Parliament prior to publication thereof in the Gazette;

(b) which may result in expenditure for the State, must be made in consultation with the Cabinet member responsible for finance; and

(c) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.
20. Policy directives
(1) (a) The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), in consultation with the Minister and after consultation with the Directors of Public Prosecutions referred to in section 13 of that Act, must issue directives regarding the institution of prosecutions in respect of any offence arising out of this Act.
(b) The Minister must submit any directives issued in terms of paragraph (a) to Parliament before those directives take effect.
(2) (a) The National Commissioner of the South African Police Service referred to in section 6 of the South African Police Service Act, 1995 (Act No. 68 of 1995), must issue national instructions as provided for in section 25 of that Act, with which its members must comply in the execution of their functions in terms of this Act, and any instructions

so issued must be published in the Gazette.


(b) The Cabinet member responsible for policing must submit any national instructions issued in terms of paragraph (a) to Parliament before those instructions take effect.

Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004


12 Duty to report presence of person suspected of intending to commit or

having committed an offence and failure to so report


(1) Any person who-

(a) has reason to suspect that any other person intends to commit or has committed an offence referred to in this Chapter; or

(b) is aware of the presence at any place of any other person who is so suspected of intending to commit or having committed such an offence, must report as soon as reasonably possible such suspicion or presence, as the case may be, or cause such suspicion or presence to be reported to any police official.

(2) Any person who fails to comply with the provisions of subsection

(1)(a) or (b), is guilty of an offence.

(3) Upon receipt of a report referred to in subsection (1), the police official involved, must take down the report in the manner directed by the National Commissioner, and forthwith provide the person who made the report with an acknowledgement of receipt of such report.

(4)

(a) The National Commissioner must, at the commencement of this Act, publish the direction contemplated in subsection (3) in the Gazette.



(b) Any direction issued under subsection (3) must be tabled in Parliament.

25 Notification by President in respect of entities identified by United Nations Security Council


The President must, by Proclamation in the Gazette, and other appropriate means of publication, give notice that the Security Council of the United Nations, under Chapter VII of the Charter of the United Nations, has identified a specific entity as being-

(a) an entity who commits, or attempts to commit, any terrorist and related activity or participates in or facilitates the commission of any terrorist and related activity; or

(b) an entity against whom Member States of the United Nations must take the actions specified in Resolutions of the said Security Council, in order to combat or prevent terrorist and related activities.
26 Parliamentary supervision
Every Proclamation issued under section 25 shall be tabled in Parliament for its consideration and decision and Parliament may thereupon take such steps as it may consider necessary.


Provincial Tax Regulation Process Act 53 of 2001

3 Introduction of provincial tax


(1) If a province intends to impose a new provincial tax, the MEC for Finance in the province must submit particulars of the proposed provincial tax to the Minister.
(2) The submission contemplated in subsection (1) must, unless the Minister has by notice in the Gazette granted an exemption-
(b) give particulars on the proposed provincial tax's compliance with section 228 (2) (a) of the Constitution;
(7) If, despite the submission contemplated in subsection (2) (b), the Minister, after having considered the comments of the Commission and having consulted with the Budget Council, has, on reasonable grounds, reservations about the constitutionality of the proposed provincial tax, the Minister must-
(a) notify the MEC for Finance concerned in writing of those reservations and refer the proposed provincial tax back for its reconsideration; and
(b) submit a report on the matter to the Budget Council and both Houses of Parliament.


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