Contents: Obligations of Parliament and its separate bodies

Traditional Leadership and Governance Framework Act 41 of 2003

9 Recognition of kings and queens

(5) (a) The President may, by notice in the Gazette, make regulations concerning-
(i) the traditional or ceremonial role of a king or queen;
(ii) the responsibilities of a king or queen in respect of nation building; and
(iii) other functions or roles of a king or queen.
(b) Regulations made in terms of paragraph (a) must be tabled in Parliament after their publication in the Gazette.
18 Referral of Bills to National House of Traditional Leaders
(1) (a) Any parliamentary Bill pertaining to customary law or customs of traditional communities must, before it is passed by the house of Parliament where it was introduced, be referred by the Secretary to Parliament to the National House of Traditional Leaders for its comments.
(b) The National House of Traditional Leaders must, within 30 days from the date of such referral, make any comments it wishes to make.

Transport Deregulation Act 80 of 1988

6 Road transportation agreements with other governments

(1) The State President may enter into an agreement with the government of a country or territory whereby arrangements are made with that government for the control and regulation of the transportation of persons or goods between the Republic and that country or territory.
(2) An agreement referred to in subsection (1) and any amendment thereof shall be published by the State President by proclamation in the Gazette, shall come into force on the date of signature of the agreement or amendment or on the later date stipulated in the agreement or amendment and shall have the force of law, and the provisions thereof shall prevail in the case of conflict between such provisions and the provisions of this Act or any other law.
(3) The State President may by proclamation in the Gazette-
(a) add to this Act any Schedule setting out the text of any agreement entered into under subsection (1);
(b) amend such Schedule so as to reflect any amendment of such an agreement; and
(c) repeal such Schedule when the agreement in question has expired or is terminated.
(4) The Minister shall lay a copy of every proclamation issued by the State President under subsection (2), upon the Table in Parliament within 14 days after publication of such proclamation in the Gazette if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
Transport Agencies General Laws Amendment Act 42 of 2007
Substitution of section 10 of Act 4 of 1998
3.
The following section is hereby substituted for section 10 of the Cross-Border Road Transport Act, 1998:
Notice of appointment
10. The Minister must, with 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.’’
Amendment of section 12 of Act 5 of 1998
7.
Section 12 of the South African Maritime Safety Authority Act, 1998, is hereby amended by—
(d) the insertion after subsection (4) of the following subsection:

‘‘(4A) The Minister must, within 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.’’

Amendment of section 12 of Act 7 of 1998
14.
Section 12 of The South African National Roads Agency Limited and National Roads Act, 1998, is hereby amended by—
(c) The Minister must, within 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.’’
Amendment of section 8 of Act 40 of 1998
19.
Section 8 of the South African Civil Aviation Authority Act, 1998, is hereby amended by—
(d) the addition of the following subsection:

‘‘(7) The Minister must, within 30 days from the date of appointment of the member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.’’

Amendment of section 8 of Act 16 of 2002
23.
Section 8 of the National Railway Safety Regulator Act, 2002, is hereby amended by—
(d) the insertion after subsection (7) of the following subsection:

‘‘(7A) The Minister must, within 30 days from the date of appointment of the member or alternate member of the Board, notify Parliament such appointment and publish a notice in the Gazette.’’

Treaties of Peace Act 20 of 1948

1 Definitions

In this Act the expression 'the Treaties' means the Treaties of Peace with Bulgaria, Finland, Hungary, Italy and Roumania (copies of which were laid before Parliament on the thirtieth day of May, 1947) which were signed on behalf of the Government of the Union in Paris on the tenth day of February, 1947, and to the ratification of which the concurrence of Parliament has been obtained, and such other treaties as may be included in this definition in accordance with the provisions of section three.
2 Legislation to give effect to peace treaties
(1) The Governor-General may, subject to the provisions of subsection (3), and after any one of the Treaties has been ratified by the Government of the Union, by proclamation make such regulations as appear to him to be necessary or expedient for carrying out such treaty, and for giving effect to the provisions thereof.
(3) (a) Any proclamation issued in terms of subsection (1) shall be laid on the Tables of both Houses of Parliament within fourteen days after publication if Parliament is then in ordinary session, or if it is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.
(b) If both Houses of Parliament have by resolutions passed in the same session (being a session during which any proclamation referred to in paragraph (a) has been duly laid on the Tables) approved of any such proclamation, or of any provision in any such proclamation, such proclamation shall thereafter be of force and effect to the extent to which it has been so approved, but without prejudice to anything that has been done in terms of such proclamation, up to the date of the passing of such resolutions which shall be deemed to have been validly done, whether such proclamation is approved or disapproved.
3 Extension of Act to cover other treaties with former enemy powers
(1) Whenever a treaty of peace is concluded between the Government of the Union and any power not mentioned in section one, between whom and the Union a state of war exists at the date of commencement of this Act, or has at any time since the sixth day of September, 1939, existed, the Governor-General may, after such treaty has been ratified with the prior concurrence of Parliament, provide by proclamation that, save as provided in subsection (2), such treaty shall for the purposes of this Act thereafter be deemed to be included in the definition of the expression 'the Treaties' in section one contained.
(2) The provisions of subsection (3) of section two shall apply mutatis mutandis in regard to any proclamation promulgated in terms of subsection (1).

Unemployment Insurance Act 63 of 2001

1 Definitions

'Director-General' means the Director-General of the Department of Labour and any officer in the Department of Labour to whom the Director-General has delegated any function in terms of section 58 (3) ;

4 Establishment of Unemployment Insurance Fund

(1) The Unemployment Insurance Fund is hereby established.
58 Powers and duties of Director-General
(11) The Director-General may borrow money on behalf of the Fund in terms of section 66 (3) (b) of the Public Finance Management Act, 1999 (Act 1 of 1999).
(12) Notwithstanding section 11, the Director-General must within six months of the end of each financial year or as soon as practicable thereafter, submit a written report to the Minister regarding-
(a) the manner in which the Board and the committees are performing their functions;

(b) the number of unemployed contributors to whom benefits have been paid and the total amount of such benefits;

(c) the number of contributors to whom illness, maternity and adoption benefits, respectively, have been paid and the total amount of such payments; and
(d) the number of deceased contributors in respect of whom dependant's benefits were paid and the total amount of such payments.
(13) The report contemplated in subsection (12) together with the statement of income and expenditure and the balance sheet of the Fund, must be tabled in the National Assembly within 30 days after its receipt by the Minister if Parliament is then sitting and, if Parliament is not sitting, within fourteen days of the commencement of the next sitting.

Value Added Tax Act 89 of 1991

1 Definitions

'Commissioner' means the Commissioner for the South African Revenue Service;
62 Publication of names of tax offenders
(1) Notwithstanding the provisions of section 6, the Commissioner may from time to time publish for general information such particulars as specified in subsection (2), relating to any offence committed by any person, where such person has been convicted of such offence in terms of-
(a) section 58 or 59(1);
(b) the common law, where the criminal conduct corresponds materially with an offence referred to in paragraph (a),
after any appeal or review proceedings in relation thereto have been completed or not been instituted within the period allowed therefor.
(2) Every publication in terms of this section may specify-
(a) the name, address and principal enterprise of the vendor;
(b) such particulars of the offence as the Commissioner may think fit;
(c) the tax period or tax periods in which the offence occurred;
(d) the amount or estimated amount of the tax evaded;
(e) the amount (if any) of the additional tax imposed and the particulars of the fine or sentence imposed.
(3) A copy of every notice published under this section shall be laid upon the Table in Parliament.

Veterinary and Para-Veterinary Professions Act 19 of 1982

2 Establishment of South African Veterinary Council
(1) There is hereby established a council to be known as the South African Veterinary Council.
5 Constitution of council
(1) Whenever it becomes necessary to designate or elect the members of the council, the following procedure shall be followed:
(a) Before the expiration of the period of office of the outgoing council, an election shall be held in the prescribed manner for-
(i) the election of ten veterinarians or veterinary specialists by persons registered or deemed to be registered in terms of this Act to practise veterinary professions;
(ii) the election of one representative of each para-veterinary profession by persons registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned.
(b) The Minister shall, after consultation with the outgoing council, appoint a selection panel, …
(2A) The period of office of all the members of the council shall run consecutively.
(2B) Within 30 days after the commencement of office of the members of the council, the Minister shall inform the parliamentary committees in writing of the designation or election of the members concerned.
17 Reports by council
(1) The council shall within six months after the close of a financial year submit a report to the Minister on its activities during that financial year.
(2) Copies of such report-
(a) shall be laid upon the Tables by the Minister in Parliament within fourteen days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session;

War Damage Insurance and Compensation Act 85 of 1976

2 Establishment of War Damage Fund

The Minister may, as often as in his opinion there is a possibility of war damage arising, establish a fund, to be known as the War Damage Fund, which shall be a juristic person and shall be credited with-
(b) money appropriated for this purpose by Parliament or any other legislative authority in the Republic;
5 Limited meeting of fund's liabilities
If in any financial year the liabilities of the fund exceed its revenue or the Minister is of the opinion that this is likely to happen-
(a) the Minister may limit payments by the fund and may from time to time determine a basis according to which the liabilities of the fund shall be met by means of annual interest-free instalments;
(b) the Minister shall, if he acts in terms of paragraph (a), lay upon the Tables of both Houses of Parliament a report on the matter in such form as he may deem fit and in which he shall recommend that money be appropriated by Parliament so as to enable the fund to meet its liabilities in accordance with the basis determined by the Minister under paragraph (a).

Water Research Act 34 of 1971

2 Establishment and general objects of Water Research Commission

(1) There is hereby established a commission to be known as the Water Research Commission.
14 Auditing and annual report
(1) The Controller and Auditor-General shall audit the accounts of the commission.
(2) The commission shall furnish the Minister with such information in connection with the activities and financial position of the commission as he may from time to time require, and shall in addition, as soon as practicable after the end of every financial year, submit to the Minister an annual report, including a balance sheet and a statement of income and expenditure certified by the Controller and Auditor-General, and such other particulars as the Minister may require.
(3) The Minister shall lay the said report upon the Table of the Senate and of the House of Assembly within fourteen days after receipt thereof, if Parliament is in ordinary session or, if Parliament is not in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.

Water Services Act 108 of 1997

28 Establishment and disestablishment of water boards

(1) Subject to subsection (2) the Minister may by notice in the Gazette-
(a) establish a water board;
(b) give it a name or approve a change of its name;
(c) determine or change its service area; or
(d) disestablish it.
44 Reporting
(3) The report must contain sufficient information to allow-
(a) the Minister;
(b) any relevant Province;
(c) any relevant water services institutions; and
(d) the public,
to assess the performance of the water board.

63 Intervention

(1) If a water services authority has not effectively performed any function imposed on it by or under this Act, the Minister may, in consultation with the Minister for Provincial Affairs and Constitutional Development, request the relevant Province to intervene in terms of section 139 of the Constitution.
(2) If, within a reasonable time after the request, the Province-
(a) has unjustifiably failed to intervene; or
(b) has intervened but has failed to do so effectively,
the Minister may assume responsibility for that function to the extent necessary-
(i) to maintain essential national standards;
(ii) to meet established minimum standards for providing services; or
(iii) to prevent that Province from taking unreasonable action that is prejudicial to the interests of another province or the country as a whole.
(3) If the Minister assumes responsibility for any function of a water services authority in terms of subsection (2)-
(a) the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function;
(b) the assumption of responsibility for that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the Minister has assumed responsibility for that function; and
(c) the National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister.
(4) After assuming responsibility for a function under subsection (2), the Minister may issue a directive to the water services authority to perform that function effectively.
(5) If the water services authority fails to comply with that directive, the Minister may intervene-
(a) by taking appropriate steps to facilitate the performance of that function, including giving financial, managerial and technical advice and assistance; or
(b) on notice to the water services authority, by taking over that function.
(6) If the Minister takes over any function of a water services authority-
(a) the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function;
(b) the Minister may, on behalf of that water services authority, exercise all the powers and carry out all the duties relating to that function;
(c) the governing body of that water services authority may not, while the Minister is responsible for that function, exercise any of its powers or carry out any of its duties relating to that function;
(d) the Minister may utilise all financial and other resources available to that water services authority relating to that function;
(e) the Minister may appoint a water services institution to perform that function or any part thereof; and
(f) the take-over of that function must end-
(i) if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over; or
(ii) when the water services authority is in a position to resume that function effectively.
(7) The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister.
71 Procedure for making regulations

Witness Protection Act 112 of 1998

23 Regulations

(1) The Minister may make regulations relating to-
(a) the placing of witnesses or related persons under protection;
(b) the protection of the identity of protected persons;
(c) the regulation of access to places of safety where persons are being kept or relocated in terms of this Act;
(d) the utilisation of security officers or private security personnel for protection services in terms of this Act;
(e) the assistance to be rendered or functions to be performed by any Department of State, person, body, institution or organisation for the purpose of giving effect to the provisions of this Act;
(f) the information to be furnished by, or any steps to be taken in respect of, a witness or related person whose application for placement under protection is being considered;
(g) the terms and conditions that must be included in protection agreements or in other agreements or arrangements entered into or made under this Act;
(h) the procedure for the relocation or change of identity of a protected person;
(i) the manner in which and the conditions whereunder any decision of or steps taken by the Director or any person acting on behalf of the Director under a provision of this Act, may be subjected to review by the Minister;
(j) the powers, functions and duties of witness protection officers and security officers;
(k) mechanisms to be put in place in order to monitor the circumstances under which a person is kept under protection;
(l) specific offences in respect of which, in addition to the offences listed in the Schedule to this Act, a witness or related person may be placed under protection;
(m) any other matter that is required or permitted to be prescribed in terms of this Act; and
(n) in general, any matter which the Minister deems necessary or expedient to prescribe in order to achieve the objects of this Act.
(3) Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.

World Heritage Convention Act 49 of 1999

1 Definitions

'World Heritage Site' means any place in the Republic which-
(a) has been included on-
(i) the World Heritage List; or
(ii) the tentative list of the Republic referred to in Article 121 (a) (i) of the Operational Guidelines,
and is proclaimed by the Minister by notice in the Gazette to be a World Heritage Site; or
(b) has been proclaimed by the Minister by notice in the Gazette to be a special heritage site for management in accordance with this Act as if that site qualified under paragraph (a)-
(i) after consultation with the Minister affected by such a proclamation;
(ii) if applicable, after consultation with the relevant MEC; and
(iii) subject to a resolution of Parliament,
but such a special heritage site cannot be referred to as a World Heritage Site.
9 Establishment of new Authorities
The Minister may, by notice in the Gazette, establish an Authority which is a juristic person with the capacity to sue and be sued in its own name, with so much of the powers and duties set out in this Act, as the Minister may determine.
12 Disestablishment of Authority and revocation of powers
(1) An Authority referred to in section 9 must only be disestablished in terms of a resolution by Parliament.
(2) The Minister may, at any time, investigate the performance by an Authority of its powers and duties in terms of this Act, the Convention or the Operational Guidelines.
(3) As part of any such investigation, the Minister must afford the Authority the opportunity of refuting any allegations against it.
(4) If that investigation reveals that an Authority is not performing its functions properly, the Minister must submit a report to Parliament for consideration by the National Assembly and the National Council of Provinces.
(5) If the National Assembly and the National Council of Provinces pass a resolution amending, suspending, revoking or terminating the powers of such an Authority or disestablishing it, the Minister must give effect to such a resolution by notifying that Authority accordingly.
(6) Where an Authority is disestablished in terms of this section, the Minister must ensure that-
(a) the assets of the Authority are protected; and
(b) the resolutions of the National Assembly and the National Council of Provinces are published in the Gazette for public information.

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