Contents: Obligations of Parliament and its separate bodies

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

30 Regulations

(1) The Minister may, and where required in the circumstances, must, make regulations relating to- …
(2) Any regulation made under this section which may result in expenditure for the State must be made in consultation with the Minister of Finance.
(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months.
(4) (a) Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.
(b) If Parliament is not in session as contemplated in paragraph (a), the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.
(5) The regulations made in terms of this section, and particularly subsection (1) (a) relating to the procedure at an inquiry, must, as far as possible, ensure that the application of the Act is simple, fair and affordable.
31 Implementation of Act
(4) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with a view to building a dedicated and experienced pool of trained and specialised presiding officers, for purposes of presiding in court proceedings as contemplated in this Act, by providing-
(a) social context training for presiding officers; and
(b) uniform norms, standards and procedures to be observed by presiding officers in the performance of their functions and duties and in the exercise of their powers.
(5) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (4).
(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (4) and (5).

Promotion of Local Government Affairs Act 91 of 1983

2 Establishment of Council for the Co-ordination of Local Government Affairs

There is hereby established a council, to be called the Council for the Co-ordination of Local Government Affairs, which shall exercise the powers and perform the functions entrusted or assigned to it in terms of this Act.
7 Annual report on activities of co-ordinating council
(1) The Director-General shall as soon as is practicable after 31 December of each year frame a report on the activities of the co-ordinating council during the year which ended on that date, and every report framed in terms of this section shall be sent to the Minister and shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days of the commencement of its next ensuing ordinary session.
(2) Such annual report shall contain a summary of all recommendations submitted by the co-ordinating council to the Government during the year in question.
17B Additional rights, powers, functions, duties and obligations of management bodies
(1) An Administrator may from time to time by notice in the Official Gazette concerned invest and charge management bodies generally or any particular management body specified in the notice, in respect of its area of jurisdiction, with any right, power, function, duty or obligation which by or under any law has been or may be assigned to any local authority within whose area of jurisdiction such a management body is situated.
(3) A notice under subsection (1) may, in addition-
(b) provide that a provision of any law creating, describing or determining any such right, power, function, duty or obligation shall be deemed to be amended in a manner specified in the notice in so far as that right, power, function, duty or obligation is exercised, performed or fulfilled by the management body;
(7) (a) A notice issued in terms of subsection (1) which provides that any law shall be deemed to be amended in a manner determined in subsection (3) (b), shall be Tabled in Parliament by the Minister within 14 days after the date thereof if Parliament is then in session or, if Parliament is then not in session, within 14 days after its ensuing session.
(b) If Parliament disapproves of any such notice or of any provision in any such notice, such notice or such provision thereof shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such notice or of such provision thereof up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such notice or such provision thereof.

Promotion of National Unity and Reconciliation Act 34 of 1995

1 Definitions
(1) In this Act, unless the context otherwise indicates-
'joint committee' means a joint committee of the Houses of Parliament appointed in accordance with the Standing Orders of Parliament for the purpose of considering matters referred to it in terms of this Act;
2 Establishment and seat of Truth and Reconciliation Commission
(1) There is hereby established a juristic person to be known as the Truth and Reconciliation Commission.
(2) The seat of the Commission shall be determined by the President.
4 Functions of Commission
The functions of the Commission shall be to achieve its objectives, and to that end the Commission shall-
(f) make recommendations to the President with regard to-
(i) the policy which should be followed or measures which should be taken with regard to the granting of reparation to victims or the taking of other measures aimed at rehabilitating and restoring the human and civil dignity of victims;
(ii) measures which should be taken to grant urgent interim reparation to victims;
7 Constitution of Commission
(3) The President shall make the appointment of the commissioners known by proclamation in the Gazette.
(7) The President may remove a commissioner from office on the grounds of misbehaviour, incapacity or incompetence, as determined by the joint committee and upon receipt of an address from the National Assembly and an address from the Senate.
9 Conditions of service, remuneration, allowances and other benefits of staff of Commission
(1) The persons appointed or employed by the Commission who are not officials of the State, shall receive such remuneration, allowances and other employment benefits and shall be appointed or employed on such terms and conditions and for such periods as the Commission with the approval of the Minister, granted in concurrence with the Minister of Finance, may determine.
(2) (a) A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (1), shall be tabled in Parliament within 14 days after each such determination.
(b) If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.

27 Parliament to consider recommendations with regard to reparation of victims

(1) The recommendations referred to in section 4 (f) (i) shall be considered by the President with a view to making recommendations to Parliament and making regulations.
(2) The recommendations referred to in subsection (1) shall be considered by the joint committee and the decisions of the said joint committee shall, when approved by Parliament, be implemented by the President by making regulations.
(3) The regulations referred to in subsection (2)-
(a) shall-
(i) determine the basis and conditions upon which reparation shall be granted;
(ii) determine the authority responsible for the application of the regulations; and
(b) may-
(i) provide for the revision and, in appropriate cases, the discontinuance or reduction of any reparation;
(ii) prohibit the cession, assignment or attachment of any reparation in terms of the regulations, or the right to any such reparation;
(iii) determine that any reparation received in terms of the regulations shall not form part of the estate of the recipient should such estate be sequestrated; and
(iv) provide for any other matter which the President may deem fit to prescribe in order to ensure an efficient application of the regulations.
(4) The joint committee may also advise the President in respect of measures that should be taken to grant urgent interim reparation to victims.
35 Limited witness protection programme
(1) The Minister shall, in consultation with the Commission, promote the establishment of a witness protection programme in order to provide for the protection and safety of witnesses in any manner when necessary.
(2) The witness protection programme contemplated in subsection (1) shall be prescribed by the President as soon as possible after the date referred to in section 7 (3).
(3) The regulations providing for a witness protection programme shall-
(a) provide for, among others, the appointment of a private person or the secondment of an official or employee of any department of State in terms of the Public Service Act, 1994 (Proclamation 103 of 1994), to act as the witness protector; and
(b) be Tabled in Parliament for approval.
(4) (a) Until such time as the witness protection programme has been established the President may, in consultation with the Minister and the Commission, prescribe interim measures to be followed in order to provide for the protection and the safety of a witness: Provided that the provisions of section 185 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in the absence of such interim measures.
(b) The interim measures contemplated in paragraph (a) shall be Tabled in Parliament for approval.
44 Publication of final report of Commission
The President shall, in such manner as he or she may deem fit, bring the final report of the Commission to the notice of the Nation, among others, by laying such report, within two months after having received it, upon the Table in Parliament.
45 (2) The Commission shall submit to Parliament half-yearly financial reports: Provided that the Commission may, at any time, submit a financial report to Parliament on specific or general matters if-
(a) it deems it necessary;
(b) it deems it in the public interest;
(c) it requires the urgent attention of, or an intervention by, Parliament;
(d) it is requested to do so by the Speaker of the National Assembly or the President of the Senate.