North West Provincial Legislature Management Act 3 of 2007 and Shall Come Into Operation on the 1St of April 2008

NORTH WEST PROVINCIAL APPROPRIATION ACT, ACT NO. 1 OF 2009

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(English text signed by the Premier)

(Assented on 12 August 2009)

ACT

To provide for the appropriation of money from the North West Provincial Revenue Fund for the financial requirements of the Province in the 2009/10 and to provide for subordinate matters incidental thereto,

PREAMBLE

WHEREAS section 226(2) of the Constitution of the Republic of South Africa, 1996 provides that money may be withdrawn from the Provincial Revenue Fund only in terms of an appropriate provincial Act;

AND WHEREAS section 2 of the Public Finance Management Act, 1999 (Act 1 of 1999) provides that the Provincial Legislature must appropriate money for each financial year for the requirement of a province;

BE IT THEREFORE ENACTED by the Provincial Legislature of the North West Province, as follows: — Definitions

1. In this Act, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Public Finance Management Act has the meaning assigned to it in that Act and -

"Act* means the North West Appropnation Act, and includes the Schedule;

"conditional grants" means allocations to provinces from the National Government's share of revenue raised nationally, provided for in section 2W(l)(c) of the Constitution of the Republic of South Africa Act, 1996:

"Constitution" means the Constitution of the Republic of South Africa Act (Act No. 108 of 1996);

"current payments" means any payment made by a provincial department in respect of the operational requirements of that department, and includes, amongst others, payments for the compensation of employees, goods and services, interest, rental of immovable property and financial transactions relating to assets and liabilities. Put exclude transfers and subsidies, payments for capital assets and payments made under section 22(d) of the Public Finance Management Act;

"transfer and subsidies" means any payments made by a principal department to another organ of State or any other person in respect of which, or whom the provincial department does not receive anything of similar value directly in return;

"payments for capital assets" means payments made by provincial department - (a) for assets that can be used continuously or repeatedly in production for more than one year, and from which future economic benefits or service potential is expected to flow directly to the provincial department making the payment; and

(b) that must be classified as or deemed to be payments for capital assets in accordance in accordance with the "Reference Guide to the new Economic Format" (November 2003, Version 2) and the "Assets Management Framework'' (April 2004, Version 3.3), issued by the National Treasury under section 76 of the Public Finance Management Act;

"Public Finance Management Act" means Public Finance Management Act, 1999 (Act No. 1 of 1999); and

"transfers and subsidies'* means any payments made by a provincial department to another organ of State or any other person in respect of which or whom the provincial department does not receive anything of similar value directly in return.

Appropriation of money for the requirements of the State

2. (1) Appropriations by the Provincial Legislature of money from Provincial Revenue Fund for me requirements of the Province in the 2009/10financial year , to votes and main divisions vvithin a vote, and for the specific listed purposes, are set out in the Schedule.

(2) Subject to section 3, spending of appropriations is subject to the Public Finance Management Act. Appropriations listed as specifically and exclusively

3. Despite the provisions of any law, appropriations to a vote or main divisions within a vote that are listed as specifically and exclusively may only be utilized for the purpose indicated and may not be used for any other purpose, unless a provincial Act amends or changes the purpose for which it was allocated.

Short title and commencement

4. This Act is called the North West Appropriation Act, 2009, and comes into operation on date of promulgation thereof by the Premier in the Government Gazette.

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a J |JiIUiIi!!}ll.!8] lilllJIIillJfilll ■ NORTH WEST HOUSE OF TRADITIONAL LEADERS ACT ACT NO. 3 OF 2009

DATE OF COMMENCEMENT: 25 NOVEMBER 2009

ACT

To provide for the establishment of the provincial house of traditional leaders, to provide for the establishment of the local houses of traditional leaders; to provide for the composition of houses of traditional leaders; to provide for the functions of houses of traditional leaders; to provide for the election of representatives of the provincial house to the National House of Traditional Leaders; to determine and regulate the privileges, immunities and powers of the Houses of Traditional Leaders; and to provide for matters incidental thereto.

BE IT THEREFORE ENACTED by the Provincial Legislature of the Province of North West, as follows-

ARRANGEMENT OF SECTIONS CONTENTS

Schedule

CHAPTER 1 INTERPRETATION

1 Definitions CHAPTER 2 THE PROVINCIAL HOUSE

2. Establishment of Provincial House of Traditional Leaders 3 Membership of Provincial House A Qualification for membership of Provincial House 5 Vacation of seats of Provincial House 6 Meetings of Provincial House 7. functions of Provincial House 8 Election of Chairperson and Executive Committee of Provincial House 9 Status of members of Provincial House 10. Election of representatives to National House CHAPTRE 3 LOCAL HOUSES

11 Establishment of Local Houses 12 Membership of Local House 13. Qualification for membership of Local House 14. Vacation of seats of Local House 15. Seal and meetings of Local House 16. Election of Chairperson and Executive Committee of Local House 17. Functions of Local House

CHAPTER 4 GENERAL PROVISIONS RELATING TO HOUSES

18. Rules and orders of Houses 19 Quorum 20. Requisite majority 21 Moneys payable to members 22 Powers, privileges and immunities of members of Houses and benefits of members 23 Houses may transact business notwithstanding vacancies 24. Administration and accountability of houses 25. Record keeping and minutes of meetings 26. Execution of process 27 Freedom from arrest 28 Control of entry 29 Relationship between Provincial House. Local Houses and traditional councils 30 Relationship between Provincial House and Provincial Legislature 31. Relationship between Provincial House and Executive Counol 32 Support to Houses 33. Code of conduct 34 Oath of office 35. Regulatory powers 36. Delegation of powers and assignment of duties by Premier 37 Offences relating to admittance 38 Other offences 39. Acceptance of bribes by members 40 Pnntmg or publishing of minutes or messages without authority prohibited 41 Transitional arrangements 42 Repeal of laws 43. Short trtie SCHEDULE A - REPEAL OF LAWS SCHEDULE B - OATH BY MEMBERS OF THE HOUSE SCHEDULE C - CODE OF CONDUCT Definitions 1. (1) In this Act, unless the context indicates otherwise— chairperson" means a chairperson of the House and includes a deputy-chairperson as well as any member when such member is presiding al a meeting of the any house or any committee thereof; Constitution" means the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996). district" means an area demarcated in terms of applicable legislation as constituting a district municipal area in the North West Province; Executive Council" means the Executive Council of the Province as referred to in section 125 of the Constitution. ' kgosi" or kgosigadi" means the kgosi or kgosigadi of a tribe as an heir to bogosi who has been appointed by the core family of bogosi m accordance with their succession and duly recognised by the Premier; "Local House" means the Local House of Traditional Leaders established in terms of section 17 of this Act. Local House Member' means the member of the Local House of Traditional Leaders. Member" means the member of any of the Houses of Traditional Leaders. National House' means the National House of Traditional Leaders established in terms of the National House of Traditional Leaders Act. 1997 (Act No 10 of 1997); officer of the House" means the Secretary or any other person acting as an officer or staff of either the Local House or Provincial House under the orders of the chairperson of such House within the precincts of the House.. precincts of the House" means the chamber of the House, and includes, while the House is in sitting, any other premises provided for the purposes of the House; Premier" means the Premier of the Province elected as contemplated in section 128 of the Constitution and includes the acting Premier referred to in section 131 of the Constitution Province' means the Province of the North-West; Provincial House" means the Provincial House ot Traditional Leaders established in terms of section 2 of this Act; regent" means a motshwareledi who is a member of the family of bogosi who is the senior uncle of the kgosi or kgosigadi who takes over bogosi in the absence of the kgosi or kgosigadi as a result of the death of a kgost or kgosigadi; Secretary" means the Secretary of either a Local House or the provincial House of Traditional Leaders and includes an assistant Secretary; senior traditional leader' means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority and as defined in section 1 of the Traditional Leadership and Governance Framework Act, 2003 (Act No 41 of 2003), this Act" means the North West Houses of Traditional Leaders Act. 2009. traditional leader" means a person who in terms of customary law of the traditional community concerned holds a traditional leadership position, and is recognised as such in terms of the North West Traditional Leadership and Governance Act 2005 and as denned m section 1 of the Traditional Leadership and Governance Framework Act. 2003 (Act No 41 of 2003), visitor" means any person other than a member or an officer of the House

CHAPTER 2 THE PROVINCIAL HOUSE

Establishment of Provincial House of Traditional Leaders 2. (1) There is hereby established a Provincial House to be known as the North West Provincial House of Traditional Leaders.

(2) The Provincial House has powers conferred upon it by or under this Act or any other law.

Membership of Provincial House 3.(1) The Premier must by notice in the Provincial Gazette determine the number of members of the Provincial House and such members must be drawn from all districts of the province where there are traditional leaders in accordance with a formula prescribed by the Premier.

(2)(a) The members of the Provincial House must be elected by an Electoral College consisting of all senior traditional leaders in the province

(b) The Electoral College is chaired by a person designated by the Premier to chair meetings of the Electoral College

(3) No person is eligible to become a member of a Provincial House unless that person is a senior traditional leader.

(4) The procedure to be followed to conduct nominations and elections must be determined by the Premier by the notice contemplated in subsection (1).

(5) A third of the members of the Provincial House must consist of women: Provided that if the Premier is satisfied that there is an insufficient number of women to participate in the Provincial House the Premier may determine a lower threshold.

(6)(a) Subject to the provisions of paragraph (b) the term of office of the Provmciaf House is 5 years and must run concurrently with that of the National House established in terms of applicable legislation

(b) Notwithstanding the dissolution of the Provincial House by virtue of the provisions of paragraph (a) -

(i) every person who at the date of the dissolution is a member of the Provincial House remains a member thereof: and (ii) the Provincial House remains competent to exercise or to perform its powers and functions during the period following such dissolution up to and including the day immediately preceding the day on which the first meeting of the new Provincial House takes place

(7) When the National House is dissolved, the Provincial House must within fourteen days after such dissolution table and adopt a motion to dissolve subject to subsection 6.

18) The Provincial House must be reconstituted in accordance with the provisions of subsection (2) and (4) within 30 days from the date on which its term has lapsed in terms of subsection (6)

Qualification for membership of Provincial House 4. (1) A person is not eligible to become a member of a Provincial House if -

(a) at the time of the election of members of the Provincial House is serving a sentence of imprisonment.

(b) is an unrehabilitated insolvent;

(c) is suffering from physical incapacity or mental infirmity which based on acceptable medical evidence, makes it impossible for that senior traditional leader, headman or headwoman to function as such,

(d) has been convicted of a cnminal offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined or until the time for an appeal has expired.

(e) is not a South African citizen, and

(f) he or she is not a kgosi or kgosigadi or a regent

(2) A disqualification under paragraphs (a) to (e) ends five years after the sentence has been completed

Vacation of scats of Provincial House 5. (1) A member of the Provincial House vacates his or her seat if he or she-

(a) is deceased;

(b) resigns by written notice .

(c) is disqualified m terms of section 4; (d) becomes a full lime member of a municipal council, member of parliament or the provincial legislature;

(e) is convicted of a criminal offence with a sentence of imprisonment for more than 12 months without the option of a fine: or

(f) without having obtained leave in accordance with the rules and orders, absents himself or herself from three consecutive meetings of the House

(2) If a member vacates his or her seat, the vacancy must be filled within 30 days by a procedure determined in section 3.

Meetings of Provincial House 6.(1) The first meeting of the Provincial House must be held at the seat of the Provincial House, and the Provincial House shall subsequently meet at the place that the executive committee of the Provincial House determines from time to time

(2) An ordinary meeting of the House must be held at least once quarterly during the session of the Provincial Legislature

(3) In addition to the ordinary meetings of the Provincial House, the executive committee may at any time, and if so directed by the Premier, call a special meeting of the Provincial House on a day and al a place to be determined by the executive committee

(4) At a special meeting called by the executive committee only those matters that are placed before the House may be dealt with

(5) If a special meeting is called at the direction of the Premier, only those matters which necessitated the calling of the special meeting may be dealt with.

(6) The Premier must, as soon as possible after the election of the members of the House, convene the Provincial House m the manner that he or she deems suitable.

(7) The chairperson shall also convene 3n extraordinary meeting of the Provincial House, within a period of seven days, upon receiving a written request by any five members of the Provincial House

(8) Should the chairperson fail to convene an extraordinary meeting of the Provincial House when so requested by five members as contemplated in subsection (7) of this section, such five members may. on the expiration of such seven days request the MEC to call for an extraordinary meeting of the Provincial House

(9) Notice of meetings of the Provincial House shall be given to all members thereof in such manner and form as the Provincial House may from time to time determine. (10) An officer from the Department, designated by the Premier, must attend the meetings of the Provincial House, to advise the House regarding government policies and legislation that relate to traditional affairs

Functions of Provincial House

7. (1) The functions and roles of the Provincial House are- fa) working with the national house of traditional leaders, to promote - (i) the role of traditional leadership within a democratic constitutional dispensation;

(n) nation building:

(iii) peace, stability, and cohesiveness of communities:

(iv) the preservation of the moral fibre and regeneration of society,

(v) and preserve the culture and traditions of communities

(vi) socio-economic development and service delivery: and

(vii) the social well-being and welfare of communittes;

(b) to enhance co-operation between itself and the various local houses with a view to addressing matters of common interest

(2) The Provincial House-

(a) must consider Bills referred to it by the secretary or speaker to the provincial legislature:

(b) must advise the provincial government and make recommendations relating to any of the following:

(i) matters relating to policy and legislation affecting traditional leadership;

(ii) the role of traditional leaders;

(iii) dispute resolution in relation to traditional leadership.

(iv) customary law. and

(v) the customs of communities observing a system of customary law (c) may investigate and make available information on traditional leadership, traditional communities, customary law and customs,

[&i must at the request of the member of provincial executive council, advise him or her in connection with any matter referred to in this section;

(e) must be consulted on provincial government development programmes that affect traditional communities;

(g) must form cooperative relations and partnerships with government at provincial level in development and service delivery,

(h) may participate in national and provincial programmes geared towards the development of rural communities.

(i) may participate in provincial initiatives meant to monitor, review and evaluate government programmes in rural communities: and

(j) must perform tasks as may be determined by a member of the provincial executive council or as may be provided tor in national or provincial legislation.

Election of Chairperson and Executive Committee of Provincial House 8.(1) At its first meeting after rt has been convened in terms of section 6, the Provincial House, with the Premier or a person designated by the Premier as chaiiperson-

(a) must elect one of its members to be the chairperson, and another of its members to be the deputy chairperson of the Provincial House; and

(b) elect three other members as the executive committee of the Provincial House of which the chairperson and deputy chairperson form part

(2) Subject to the provisions of subsection (9). the chairperson and deputy chairperson hold office for the term of the Provincial House and they are eligible for re-election at the expiry of their term of office Provided that no member may serve as a chairperson or deputy chairperson for more than two consecutive terms.

(3) The chairperson has the powers and functions assigned to him or her in terms of this Act and the rules and orders of the Provincial House

(4) If the chairperson is absent or for any reason ts unable to perform his or her functions, or when the office of chairperson is vacant, the deputy chairperson shall act as chairperson until the chairperson returns or is again able to properly perform his or her functions, or until a new chairperson is elected (5) If any of the circumstances described in subsection (<*) applies to both the chairperson and the deputy chairperson, a member of the Provincial House designated in terms of the rules and orders must act as chairperson for as long as those circumstances prevail.

(6) The deputy chairperson or the member designated under subsection (5). while acting as chairperson, may exercise the powers and must perform the functions of the chairperson

(7) The chairperson, the deputy chairperson or any other member of the House designated in terms of the rules and orders, presides over the meetings of the House.

(8) While presiding at a meeting of the Provincial House, the chairperson deputy chairperson or other member presiding does not have a deliberative vote, but has a casting vote in the case of an equality of votes

(9) The chairperson or deputy chairperson

(a) must vacate his or her office if he or she ceases to be a member of the Provincial House according to section 6,

(b) may be removed from office by resolution of a vote of no confidence of the Provincial House; and

(10) If the office of chairperson or deputy chairperson becomes vacant, the Provincial House, under the chairpersonship of the Premier or a person designated by the Premier, must elect a member to fill the vacancy

(11) The chairperson elected by the Provincial House in term of subsections (1) or (10) must then preside at the election of the deputy chairperson

(12) The chairperson may at any time designate any of the members of the Executive Committee to perform such duties in connection with the powers and functions of the House in terms of this Act. (13) The Executive Committee or any member thereof may execute such powers and perform such duties and functions as may be delegated by the Provincial House during any time whenever the Provincial House is not in session

(14) The Executive Committee and any member thereof who has executed any power or performed any function or duty contemplated in section 13. shall submit a report for ratification of any such action taken to the House at the next session of the House. (15) If the position of any member of the Executive Committee becomes vacant before the expiry of his or her term of office his or her position must be filled, for the remainder of such term of office, by another member as soon as may be reasonably practicable after the occurrence of such a vacancy.

Status of members of Provincial House 9. (1) The chairperson and the deputy chairperson are full-time members of the provincial house.

(2) The Premier may. after consultation with the Provincial House, determine that certain other members are full-time members of the Provincial House

Election of representatives to National House 10. The Provincial House must, in its first sitting, elect its representatives to serve in the National House in accordance with the provisions of the National House of Traditional Leaders Act. 1997 (Act No. 10 of 1997).

CHAPTRE 3 LOCAL HOUSES

Establishment of Local Houses 11.(1) Subject to section 17 of the Traditional Leadership and Governance Framework Act. 2003 (Act No. 41 of 2003. a Local House of Traditional Leaders is established for each of the metropolitan municipalities and district municipalities

Membership of Local House 12.(1) The Premier must by notice in the Provincial Gazette determine the formula for the number of members of each of the Local Houses

(2) The members of Local Houses must be elected by the Electoral College -

(a) established for the area of jurisdiction of each district municipality or metropolitan municipality,

(b) consisting of all senior traditional leaders from within the district municipality or metropolitan municipality concerned Provided that in the event that there are less than five senior tradittonal leaders a number of recognised headmen must form part of the electoral college, and

(3) The Premier must determine the procedure to be followed at the elections referred to in subsection (2). by notice in the Provincial Gazette (4) A third of the members of a Local House must consist of women: Provided that i* the Premier is satisfied that there is an insufficient number of women to be elected to the Local House of Traditional Leaders, the Premier may. after consultation with the relevant electoral college, determine a lower threshold

(5) (a) Subject to the provisions of paragraph (b) the term of office of a Local House is five years and must run concurrently with the duration of the Provincial House established in terms of this Act

(b) Notwithstanding the lapsing of the duration of a Local House by virtue of the provisions of paragraph (a) -

(i) every person who at the date of the dissolution is a member of a Local House remains a member thereof,

(6) A Local House must be reconstituted within thirty days from the date on which its term lapsed as referred to in subsection (5)

(7) When the Provincial House is dissolved, each Local House must within fourteen days after such dissolution table and adopt a motion to dissolve subject to subsection 6.

(8) The Premier may. after consultation with the Local House determine that certain members are full-time members of a local house.

Qualification for membership of Local House 13. (1) No person is eligible to become a member of a Local House if -

(a) at the time of the election of members of the Local House is serving a sentence of imprisonment;

(b) is an un-rehabilitated insolvent;

(d) has been convicted of a criminal offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined or until the time for an appeal has expired.

(e) is not a South African citizen: and

(f) he or she is not a kgosi or kgosigadi or kgosana or a regent

(2) A disqualification under paragraphs (a) to (e) ends five years after the sentence has been completed.

Vacation of seats of Local House 14. (1) A member of the Local House vacates his or her seat If he or she- fa) is deceased

(b) resigns by written notice ;

(d) becomes a full time member of a municipal council, member of parliament or the provincial legislature;

(e) is convicted of a criminal offence with a sentence of imprisonment for more than 12 months without the option of a fine; or

(f) without having obtained leave in accordance with the rules and orders, absents himself or herself from three consecutive meetings of the Local House.

(2) If a member vacates his or her seat, the vacancy must be filled within 30 days by a procedure determined in section 12.

(3) A person elected to fill a vacancy in terms of subsection (2) serves only for the remainder of the term of office and is eligible for re-election for subsequent terms.

Seat and meetings of Local House 15.(1) A Local House must, by resolution, decide on its own seat within the district or metro municipality Provided that if a traditional council performs the functions of a local house the seat of the traditional council is the seat for the purposes of the local house

(2) There must be an ordinary meeting of 3 Local House at least once every quarter Provided that the Local House must have rts first meeting wrthin 14 days after its first establishment or reconstrtution

(3) In addition to the ordinary meetings of the Local House, the executive committee may at any time, and if so directed by the Premier call a special meeting of the local House on a day and at a place to be determined by the executive committee Provided that lhat if a traditional council performs the functions of a local house the traditional council decides

(5) Ai a special meeting called by the executive committee, only those matters that are placed before the House may be dealt with

(6) If a special meeting is called at the direction of the Premier, only those matters which necessitated the calling of the special meeting may be dealt with

(7) The chairperson must also convene an extraordinary meeting of the Local House, within a period of seven days, upon receiving a written request by any five members of the Local House.

(8) Should the chairperson fail to convene an extraordinary meeting of the Local House when so requested by five members as contemplated in subsection (7) of this section, such five members may, on the expiration of such seven days call for an extraordinary meeting of the House

(9) Notice of meetings of the Local House shall be given to all members thereof in such manner and form as the Local House may from time to time determine.

(10) An officer from the Department, designated by the Premier, must attend the meetings of the Local House, to advise the House regarding government policies and legislation that relate to traditional affairs

Election of Chairperson and Executive Committee of Local House 16.(1) At its first meeting after it has been convened in terms of section 15(2). a Local House, with the Premier or a person designated by the Premier as chairperson-

(a) must elect one of its members to be the chairperson, and another of its members to be the deputy chairperson of the Local House; and

(b) elect one other member to form the executive committee of the Local House with the chairperson and deputy chairperson

(2) Subject to the provisions of subsection (9), the chairperson and deputy chairperson hold office for the term of the Local House and they are eligible for re-election al the expiry of their term of office Provided that no member may serve as a chairperson or deputy chairperson for more than two consecutive terms

(3) The chairperson has the powers and functions assigned to him or her in terms of this Act and the rules and orders of the House

(4) If the chairperson is absent or for any reason is unable to perform his or her functions, or when the office of chairperson is vacant, the deputy chairperson shall act as chairperson until the chairperson returns or is again able to properly perform his or her functions, or until a new chairperson is elected

(5) If any of the circumstances described in subsection (4) applies to both the chairperson and the deputy chairperson, a member of the Local House designated m terms of the rules and orders must act as chairperson for as long as those circumstances prevail

(6) The deputy chairperson or the member designated under subsection (5), while acting as chairperson, may exercise the powers and must perform the functions of the chairperson.

(7) The chairperson, the deputy chairperson or any other member of a Local House designated in terms of the rules and orders, presides over the meetings of the House.

(8) While presiding at a meeting of the Local House, the chairperson, deputy chairperson or other member presiding does not have a deliberative vote, but has a casting vote in the case of an equality of votes

(9) The chairperson or deputy chairperson;

(3) must vacate his or her office if he or she ceases to be a member of the Local House in terms of section 14:

(t>) may be removed from office by resolution of a vote of no confidence of the Local House; and

(10) If the office of chairperson or deputy chairperson becomes vacant, the Local House, under the chairpersons hip of the Premier or a person designated by the premier, must elect a member to fill the vacancy.

(11) The chairperson elected by the Local House in term of subsections (1) or (10) must then preside at the election of the deputy chairperson

(12) The chairperson may at any time designate any of the members of the Executive Committee to perform such duties in connection with the powers and functions of the House in terms of this Act

(13) The Executive Committee or any member thereof may execute such powers and perform such duties and functions as may be delegated by the Local House during any lime whenever the Local House is not in session. (14) The Executive Committee and any member thereof who has executed any power or performed any function or duty contemplated by subsection (13), shall submit a report for ratification of any such action taken to the Local House at the next session of the House

(15) If the position of any member of the Executive Committee becomes vacant before the expiry of his or her term of office his or her position must be filled, for the remainder of such term of office, by another member as soon as may be reasonably practicable after the occurrence of such a vacancy.

Functions of Local House 17.(1) The functions of a Local House are-

(a) to advise the relevant district municipality on-

(i) matters pertaining to customary law, customs, traditional leadership and the traditional communities within the district municipality or metropolitan municipality. (if) the development of planning frameworks that impact on traditional communities or (iii) the development of by-laws that impact on traditional communities

(b) to participate in local programmes that have the development of rural communities as an object and

(c) to participate in local initiatives that are aimed at monitoring, reviewing or evaluating government programmes in rural communities

(2) A Local House may exercise any powers and must perform any functions that are conferred or imposed on it in terms of any other law

CHAPTER 4 GENERAL PROVISIONS RELATING TO HOUSES

Rules and orders of Houses 18. A nouse of traditional leaders must make rules and orders in connection with the conduct of its business and proceedings, including rules and orders regulating -

(a) the establishment, constitution, powers and functions, procedures and duration of committees of such house: Provided that provision must be made for an executive committee consisting of the chairperson, deputy chairperson and other members elected by the members of the house concerned as provided for in this Act;

(b) restrictions on access to such committees. (c) the competency of any such committee to perform or dispose of its Business and proceedings at venues other than the seat of the House.

(d) the designation of members to preside over meetings of the House upon the direction of the chairperson., the time and place at which the House shall meet provided that there shall be at least two sessions of the House during the course of each calendar year

(e) the manner in which the views of the House shall be recorded and expressed;

(f) the attire of the members of the House, and

(g) the language to be used by members during its sessions

Quorum 19. The presence of at least one-haH of all the members other than the chairperson or other presiding member is necessary to constitute a quorum for a meeting of that House

Requisite majority 20. All decisions of the Houses must be taken by the majority of members constituting the meeting of the House: Provided that a decision to remove the chairperson or the deputy chairperson must be taken by two thirds of the total membership of a house

Moneys payable to members 21. There must be paid out of and as a charge to the Provincial Treasury Fund of the province to a member of any house such moneys as may be determined by the President in terms of the Remuneration of Public Office Bearers Act, 1998 (Act No 20 of 1998).

Powers, privileges and immunities of members of Houses and benefits of members 22. (1) A House has full powers to control, regulate and dispose of its internal affairs

(2) Subject to the rules and orders of the House there must be freedom of speech and debate m or before such House and any committee thereof and such freedom may not be impeached or questioned in any court of law

(3) A member of a House is not liable for any civil or cnminal proceedings, arrest or imprisonment by reason of anything which the member has said, produced or submitted in or before or to such House or any committee thereof

Houses may transact business notwithstanding vacancies 23. The House is not precluded from concluding any transaction of its official business by reason of any vacancy among the members thereof including any vacancy not filled when the House is constituted or is reconstituted, at any time. Administration and accountability of Houses 24.(1) The Premier must, after consultation with the Local House and subject to the laws governing the Public Service, second staff as may be necessary to discharge the work of the Houses

(2) The Premier must, in terms of the laws governing the Public Service and wrtn the concurrence of the Houses, appoint persons as Secretaries to each House, who must- la) exercise or perform the powers and functions conferred upon or assigned to the Secretary by this Act and the rules and orders; and

(b) subject to the directions of a House concerned, perform such work as is incidental to the exercise or performance by the House of its powers and functions

(3) Each Secretary must be supported in the exercise or performance of his or her powers and functions by officers of the Department designated in terms of subsection (1) for that purpose

(4) Each House must- la) keep proper records.

(b) have its financial statements audited by the Auditor-General;

(c) disclose the receipt of awards, gifts and favours of its members as contemplated in part A of the Schedule to this Ad;

(d) in addition to quarterly meetings, hold a joint meeting with other Houses, coordinated by the Provincial House, on a half yearly basis to give account of the activities of the Houses in the province;

(e) adhere to the Code of Conduct provided for In the Schedule to this Act.

(0 be responsive to the needs of traditional leaders within the province or the district as the case may be;

|g) maximize the efficiency of communication and decision-making within the administration of the House;

(h) involve the secretary of the House in management decisions as far as is practicable, and

(i) assign clear responsibilities for the management and co-ordination of the administration of the House; (5) The Provincial House must:

(a) establish clear relationships, and facilitate co-operation and communication between Local Houses.

(b) quarterly inform the Local Houses of how the Provincial House is managed of costs involved and the persons in charge,

(c) hold the secretary of the Provincial House accountable for the overall performance of the administration of the Provincial House;

(d) provide an equitable fair, open and non-discnminatory working environment for all Local Houses

Record keeping and minutes of meetings

25. Each House must record and keep minutes of proceedings m respect of its meetings and must make copies of the minutes to be circulated to all the members of the House at least seven days before the date of its next meeting.

Execution of process 26. A court process shall not be served or executed within the precincts of the House while it is in session

Freedom from arrest 27. A member of the House may not be arrested—

(a) for any civil debt whilst going to. attending or returning from any meeting of the House;

(b) within the precincts of the House while it is in session for any criminal offence, without the consent of the chairperson.

Control of entry 28 (1) A person who Is not a member of a House may not enter or remain wrthm the precincts of that House without the permission of the chairperson

(2) The chairperson may issue such orders as he or she may deem necessary for the regulation of the admittance of visitors to the precincts of the building

(3) Copies of any order issued as contemplated in subsection (2) shall be authenticated by the Secretary and shall be exhibited in a conspicuous place within the precincts of the building.

(4) The chairperson may at any time order a person who is not a member of the House to excuse himself or herself from the precincts of the House. Relationship between Provincial House, Local Houses and traditional councils 29.(1) The Provincial House must, in consultation with traditional councils, and Local Houses advise the Provincial Government on matters relating to the general interest and welfare of traditional communities

(2) The Provincial House must investigate matters referred to it by trie Local Houses and traditional councils and make appropriate recommendations to the sphere of government concerned and the Premier.

(3) The Provincial House must, al least two times a year, convene a meeting to advise local houses and traditional councils regarding the administration of its affairs

(4) Members of the Provincial House must—

(a) provide a written report on the progress of matters relating to the general interest and welfare of traditional communities on a quarterly basis to tneir respective traditional councils, and

(b) table the report referred to in paragraph (a) at the first meeting of the Provincial House after the reports have been submitted to the respective traditional councils

Relationship between Provincial House and Provincial Legislature 30.(1) The Speaker of the Provincial Legislature must refer all bills introduced in the Provincial Legislature that relate to traditional communities, traditional leadership, customary law, traditions or customs, and all matters affecting the well-being and development of traditional communities, to the Provincial House.

(2) The Provincial House must consider and comment on the bills referred to in subsection (1).

(3) The written notification of the Provincial House's support or opposition of a bill referred to it, together with the comments, must be submitted to the Speaker within 30 days from the date of the referral of the bill to the Provincial House.

(4) Where the House indicates, in terms of subsection (3), that it is opposed to the Bill the Provincial Legislature shall not pass the Bill before a period of 30 days, as from the date of receipt by the Speaker of such written notification, has lapsed.

(5) Where the House has failed to indicate within the penod prescribed by subsection (3) whether it supports or opposes the Bill the Provincial Legislature may proceed to consider the Bill in the absence of any input from the House Relationship between Provincial House and Executive Council 31. The Premier, after consultation with the Provincial House and the Provincial Legislature, must determine the relationship between the subcommittees ol the Provincial House and the Portfolio Committees of the Provincial Legislature

Support to Houses 32.(1) The Provincial Government, and in particular, the Department, must provide sufficient skills development, administrative, financial and other support on a continuous basis to• te) support the development of members of houses traditional leaders , and

(b) enable and strengthen the Provincial House and the Local Houses to perform all of their functions as contemplated in this Act. and any other law

(2) The support envisaged lo be provided to traditional councils In terms of subsection (1) may include transport and infrastructural assistance, taking into consideration budgetary means of the provincial government

(3) The support envisaged to be provided in terms of this section shall be in accordance with any applicable legal and administrative requirements of the province

National and Provincial Codes of conduct 33. The Code of Conduct contained in Schedule 3 applies to all members of the Provincial House and Local Houses

Oath of office 34. Newly elected members of the Provincial House and Local Houses assume office only after swearing or affirming faithfulness to the Province and obedience to the Constitution in accordance with the oath of office contained In Schedule 2. before a judge president or a judge designated by him.

Regulatory powers 35. (1) The MEC may issue proclamations and notices m the Provincial Gazette as contemplated in this Act

(2) The Premier may. after consultation with the MEC and the provincial legislature, by notice In the Provincial Gazette, make regulations m respect of any matter which is required or permitted by this Act to be prescribed including regulations prescribing the procedure to be followed to conduct elections for members of the Houses established in terms of this Act.

(3) The draft regulations contemplated in this section must -

(a) be published in the Provincial Gazette for public comment; and (bj be submitted to the Provincial Legislature for scrutiny at least one month before their promulgation.

Delegation of powers and assignment of duties by Premier 36.(1) The Premier may, subject to such conditions as he or she may determine, m writing, delegate any power or assign any duty conferred on him or her by or under this Act to the MEC

(2) A delegation or assignment in terms of subsection (1) does not prevent the exercise o< the relevant power or the performance of any duty by the Premier

(3) The Premier may at any time withdraw or amend, in writing, a delegation or assignment as contemplated in subsection (1)

(4) The delegation of any power or the assignment of any duty does not divest the Premier of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty

(5) The MEC may not further delegate any power or assign any duty which has been delegated or assigned as contemplated in subsection (1) without the express written authorization of the Premier.

Offences and penalties 37. (1) A person who— la} enters or attempts to enter or refuses to excuse himself or herself from a Local House or Provincial House in contravention of any order of the chairperson;

(b) fails or refuses to excuse himself or herself from the precincts of a Local House or Provincial House when ordered to do so by the chairperson; or

(C) contravenes any order made under the provisions of this Act, is guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding three months

(2) A person who—

(a) offers to a member of a Local House or the Provincial House or officer of a Local House or the Provincial House a bribe in order to influence such a Local House or the House member or officer in respect of the promotion of or in opposition to any Bill or matter submitted to or intended to be submitted to a Local House or the House:

(b) assaults, insults, resists or obstruct a member of a Local House or the Provincial House coming to. being within, or going from the precincts of a Local House or the House building or endeavours to compel any such member by force insult or menace to declare himself or herself in favour of or against any proposition or matter pending in or expected to be brought before a Local House or the House.

(d> creates or joins in any disturbance which Interrupts or is likely to interrupt the proceedings of the House while it is in session.

(e) utters or publishes any false or scandalous defamatory matter concerning the House or upon a Local House or the House member or officer in his or her capacity as such a Local House or the House member or officer;

(f) attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a Local House or the House member in his or her vote opinion, judgment or action, upon any question arising in a Local House or the House, or to induce him or her to absent himself or herself from any sitting of a Local House or the House, or

(g) threatens, assaults or insults a Local House or the House member or officer of a Local House or the House on account of his or her conduct as such a Local House or the House member or officer, is guilty of an offence and on conviction be liable to pay a fine or imprisonment not exceeding six months

(3) A member of a Local House or the Provincial House who accepts or agrees to accept or obtains or agrees to obtain for himself or herself or for any other person a bribe, fee. compensation, reward or benefit of any kind for speaking, voting or acting as such a Local House or the Provincial House member or from refraining from so speaking, voting or acting, or on account of his or her having so spoken, voted or acted, or having so refrained, is guilty of an offence and may. on conviction be liable to a fine or imprisonment not exceeding six months.

(4( A person who—

(a) willfully and unlawfully and without the permission of a Local House or the Provincial House or the relevant chairperson prints or publishes or causes to be printed or published any copy of any minute, report, decision or message of a Local House or the House without the express authority of a Local House or the House or the respective chairperson; or

(b) presents any pnnt or publication as referred to in paragraph (a) as having been printed or published on the authority of a Local House or the House or the chairperson, well knowing that it has not been so printed or published. guilty of an offence and. on conviction liable to pay a fine or imprisonment not exceeding six months.

Transitional arrangements 38.(1) Tne members of the Provincial House elected to serve in the Provincial House in terms of the provisions of this Act or any of the repealed Acts shall continue to perform functions as members of the Provincial House until new members have been elected in accordance with the provisions of this Act

(2) Any actions and decisions taken by the Provincial House in good faith purporting to act in terms of the repealed legislation are hereby validated and declared to have been lawfully done.

Repeal of laws 39 The laws listed m Schedule A are hereby repealed to the extent indicated in the Schedule.

Short title 40 This Act is called the North West Houses of Traditional Leaders Act, 2009 and it comes into operation on a date determined by the Premier SCHEDULE A REPEAL OF LAWS Name of Act Year of Publication

Name of Act Year of publication Extent of repeal

The House of Traditional Act No 12 of 1994 The whole Leaders for the Province of North West Act

North West Houses of Act No 3 of 2005 The whole Traditional Leadership Amendment Act SCHEDULE B PART A OATH BY MEMBERS OF THE HOUSE

I. (name of member), do swear that I will be faithful to the Provincial I Local House of Traditional Leaders and do solemnly and sincerely promise at all times to promote that which will advance, and to oppose all that may harm the House to obey observe, uphold and maintain the Constitution, the laws, rules, orders and procedures of the House and all other laws of the Republic of South Africa, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; to do justice unto all, and to devote myself to the well-being of the House and its members. May the Almighty God by His Grace and or the ancestors guide and sustain me in keeping this oath with honour and dignity So help me God

PARTB AFFIRMATION

I (name of member), do solemnly affirm that I will be faithful to the Provincial / Local House of Traditional Leaders and do solemnly and sincerely promise at all times to promote that which will advance and to oppose, all that may harm the House; to obey, observe, uphold and maintain the laws, rules, orders and procedures of the House, the Constitution and all other laws ot the Republic of South Africa, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all. and to devote myself to the well-being of the House and its members. May the ancestors guide and sustain me in keeping this affirmation with honour and dignity SCHEDULE C CODE OF CONDUCT Members of the Houses

Performance of functions by members 1 A member of the House must-

(a) perform the functions of office in good faith and in an honest, non-discnminatory and transparent manner; and

(b) at all times acl in the best interest of the House and m such a way that the credibility and integrity of the House are not compromised

Attendance at meetings 2 A member of a House must attend each meeting of the House and of a committee of which that member of the House is a member, except when-

(a) leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the House, or

(b) that member of the House is required in terms of this Code to withdraw from the meeting.

Sanctions for non-attendance of meetings 3. (1) The House may impose a sanction as determined by the rules and orders of the House on a member of the House for:

(a) not attending a meeting which that member of the House is required to attend in terms of item 2; or

(b} failing to remain In attendance at such & meeting.

(2) A member of the House who is absent from three or more consecutive meefings of the House or from three or more consecutive meetings of a committee of the House, which that member of the House is required to attend in terms of item 2, must be removed from office as a member of the House

(3) Proceedings for the imposition of a sanction including removal of a member of the House must be conducted in accordance with a uniform standing procedure which the House must adopt for the purposes of this item

Disclosure of interests 4 {1) A member of the House must-

(a) disclose to the House; or to any committee of the House of which that member of the House is a member, any direct or indirect personal or pnvate business interest tnat that member of the House, or any spouse, partner or business associate of that member of the House may have in any matter before the House or the committee of the House, and

(b) withdraw from the proceedings of the House or committee of the House when that matter is considered by the House or its committee, unless the House or its committee decides that the member of the House's direct or indirect interest in the matter is trivial or irrelevant

(2) A member of the House who, or whose spouse, partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the House, must disclose full particulars of the benefit of which the member of the House is aware at the first meeting of the House at which it is possible for the member of the House to make the disclosure

(3) This section does not apply to an interest or benefit which a member of the House or a spouse, partner, business associate or close family member, has or acquires in common with other members of the House.

Personal gain S. (1) A member of the House may not use the position or privileges of a member ot the House, or confidential information obtained as a member of the House, for private gam or to improperly benefit another person

(2) Except with the prior consent of the House, a member of the House may not-

(a) be a party to or beneficiary under a contract for-

(0 the provision of goods or services to the House; or (ii) the performance of any work otherwise than as a member of the House and for the House.

(b) obtain a financial interest in any business of the House: or

(3) If more than one quarter of the members of the House object to consent being given to a member of the House in terms of sub-item (2), such consent may only be given to the member of the House with the approval of the Premier

Declaration of interests 6 (1) When elected, a member of the House must within 60 days declare in writing to an officer of the House designated by the Premier the following financial interests held by that member of the House (a) shares and securities in any company,

(b) membership of any close corporation;

(d) directorships;

(e) partnerships;

(f) other financial interests in any business undertaking;

(g) employment and remuneration;

(h) interest in property;

{0 pension: and

(j) subsidies, grants and sponsorships by any organisation

(2) Any change in the nature or detail of the financial interests of a member of the House must be declared in writing to the officer referred to in sub-item (1) annually

(3) Gifts received by a member of the House above a prescribed amount must also be declared in accordance with sub-item (1).

(4) The House must determine which of the financial interests referred to in sub-item {1) must be made public having regard to the need for confidentiality and the public interest for disclosure.

Rewards, gifts and favours 7. A member of the House may not request, solicit or accept any reward gift or favour for-

(a) voting or not voting in a particular manner on any matter before the House or before a committee of the House of which that member of the House is a member.

(b) persuading the House or any committee of the House in regard to the exercise of any power, function or duty;

(d) disclosing privileged or confidential information Unauthorised disclosure of information 8. (1) A member of the House may not without the permission of the House or a committee disclose any privileged or confidential information of the House or committee to any unauthorised person.

(2) For the purpose of this item 'privileged or confidential information' includes any information• al determined by the House or committee of the House to be privileged or confidential.

(b) discussed in closed session by the House or its committee;

(d) declared to be privileged, confidential or secret in terms of the law

(3) This item does not derogate from the right of any person to access to information in terms of national legislation

Breach of code 9. (1) If the House, on reasonable suspicion, is of the opinion mat a provision of the Code of Conduct has been breached, the House must-

(a) authorise an investigation of the facts and circumstances of the alleged breach.

(b) give the member of the House a reasonable opportunity to reply in writing regarding the alleged breach, and

(21 A report referred to in sub-item (1)(c) may be made available to the public

(3) The House must report the outcome of the investigation to the Premier

(4) The Secretary of the House must ensure that each member of the House when taking office is given a copy of this Code and that a copy of the Code is available in every room or place where the House or a committee of the House meets

(5) The House may-

fa) investigate and make a finding on any alleged breach of a provision of this Code, or

(b) establish a special committee-

(i) to investigate and make a finding on any alleged breach of this Code, and (ii) to make appropriate recommendations to the House

(6) If the House or a special committee appointed by the House to conduct the investigation finds that a member of the House has breached a provision of this part of the Code of Conduct, the House may- fa) issue a formal warning to the member of the House;

(b) reprimand the member of the House;

(d) remove the member of the House from office in consultation with the Premier

(7) (a) Any member of the House who has been warned, repnmanded, suspended or removed in terms of paragraph (a), (b), (c) or (d) of sub-item (6) may within 14 days of having been notified of the decision of House appeal to the Minister in writing setting out the reasons on which the appeal is based

(b) A copy of the appeal must be submitted to the House

(c) The House may within 14 days of receipt of the appeal referred to in paragraph (b) make any representation pertaining to the appeal to the Premier in writing.

(d) The Premier may. after having considered the appeal confirm, set aside or vary the decision of the House and inform the member of the House and the House of the outcome of the appeal

(8) The Premier may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make recommendations on whether the member of the House should be suspended or removed from office

(9) If the Premier is of the opinion that a member of the House has breached a provision of this Code, and that such contravention warrants a suspension or removal from office the Minister may- la) suspend the member of the House tor a penod and on conditions determined by the Premier, or

(b) remove the member of the House from office.

(10) Any investigation in terms of this item must be conducted in accordance with the rules of natural Justice

NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

NORTH WEST PROVINCIAL LEGISLATURE

MANAGEMENT ACT, 3 of 2007

1 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za PREAMBLE

Recognizing that the North West Provincial Legislature must be governed by the democratic values and principles in the Constitution

Therefore, in order to- • promote and maintain a high standard of professional ethics in the general and financial management of the North West Provincial Legislature • promote the efficient, economic and effective use of resources allocated to the North West Provincial Legislature; • ensure transparency, accountability and sound management of the revenue, expenditure, assets and liabilities of the North West Provincial Legislature; • ensure effective management of the Legislature in order to enable it to fulfill its Constitutional mandate;

BE IT ENACTED by the North West Provincial Legislature as follows: ACT

To provide for the repeal of the North West Provincial Legislature Service Act 8 of 1997; to provide for the establishment of a Service of the Legislature; to clearly define the roles, functions, and responsibilities of the Speaker of the Legislature, Members of the Legislature, and the Secretary to the Legislature; to establish a framework for the administration of the Legislature; to regulate the financial management of the Legislature in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets and liabilities of the Legislature are managed efficiently and effectively; to define the responsibilities of officials in the Legislature, and in particular, persons entrusted with financial management responsibilities in the Legislature; and to provide for matters connected therewith.

2 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

ARRANGEMENT OF SECTIONS

CHAPTER 1 INTERPRETATION AND OBJECTS

1. Definitions 2. Objects of this Act

CHAPTER 2 MATTERS RELATED TO THE REPEAL OF THE NORTH WEST PROVINCIAL LEGISLATURE SERVICE ACT 8 OF 1997

3. Deeming Provision 4. Disestablishment of Bodies Established Under Act 8 of 1997

CHAPTER 3 THE LEGISLATURE SERVICE

5. Establishment of the Legislature Service

CHAPTER 4 THE ROLES, FUNCTIONS, AND RESPONSIBILITIES OF THE SPEAKER, MEMBERS OF THE LEGISLATURE, THE SECRETARY, AND OFFICIALS OF THE LEGISLATURE

6. The Speaker of the Legislature 7. The Secretary to the Legislature 8. General financial management functions 9. Members of the Legislature 10. Responsibilities of officials 11. Fiduciary responsibilities

CHAPTER 5 STAFF, THEIR TERMS AND CONDITIONS OF EMPLOYMENT, AND ORGANISATION

12. Staff of the Legislature 13. Conditions of service of staff 14. Organisation of the Legislature Service 15. Management of the Legislature Service 16. Delegation of Powers

3 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

CHAPTER 6 PLANNING AND BUDGETING

17. Preparation of strategic plan, annual performance plan and budget 18. Strategic plan 19. Annual performance plan 20. Annual Budget 21. Annual appropriations and approvals 22. Expenditure before provincial annual budget is passed 23. Unauthorised expenditure 24. Virement between main divisions within vote 25. Roll-over of unspent funds 26. Surrender of voted surplus funds

CHAPTER 7 CASH MANAGEMENT AND INVESTMENT

27. Cash management and investment policy 28. Opening of bank accounts 29. Control of bank accounts 30. Withdrawals from bank accounts 31. Restrictions on borrowing, guarantees and other transactions 32. Requisitioning of funds

CHAPTER 8 FINANCIAL MANAGEMENT

33. Asset and liability management 34. Revenue management 35. Management of debtors 36. Expenditure management 37. Support for political parties 38. Constituency funds 39. Transfers 40. Budget implementation 41. Instructions from the Speaker with financial implications 42. Impending shortfalls and overspending

CHAPTER 9 SUPPLY CHAIN MANAGEMENT

43. Application of this Chapter 44. Supply chain management policy 45. Implementation of system 46. Supply Chain Management Committee 47. Unsolicited offers

4 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

48. Tenders not recommended 49. Members of the Legislature barred from serving on tender committees 50. Interference 51. Prohibition on contracts

CHAPTER 10 AUDIT COMMITTEE AND INTERNAL AUDIT UNIT

52. Establishment of audit committee 53. Functions of audit committee 54. Allegations against the Secretary 55. Internal audit unit

CHAPTER 11 REPORTING AND AUDITING

Part 1: In-year reporting 56. Monthly financial statements 57. Quarterly performance reports 58. Mid-year budget and performance assessment 59. Submission of reports to the Legislature

Part 2: Annual report, financial statements and auditing 60. Preparation of annual reports 61. Preparation of financial statements 62. Submission of annual financial statements 63. Auditing of annual financial statements 64. Submission of annual report 65. Tabling of annual report 66. Issues raised in audit reports 67. Consequences of non-compliance with certain provisions

Part 3: General reporting responsibilities 68. Reporting of irregularities 69. Other information

CHAPTER 12 REGULATIONS AND INSTRUCTIONS

70. Regulations and instructions

CHAPTER 13 FINANCIAL MISCONDUCT

Part 1: Disciplinary proceedings 71. Financial misconduct by the Secretary

5 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

72. Financial misconduct by officials

Part 2: Criminal proceedings 73. Offences 74. Penalties

CHAPTER 14 MISCELLANEOUS

75. Liability of functionaries exercising powers and functions in terms of this Act 76. Repeal of legislation 77. Transitional provision 78. Short title and commencement

SCHEDULE 1

Matters that must be covered in the Legislature's supply change management policy

SCHEDULE 2

Legislation repealed

6 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 1 INTERPRETATION AND OBJECTS

1. (1) In this Act, unless the context otherwise indicates-

"Accounting Officer" means the Secretary to the Legislature, and includes, where appropriate, a person acting as the Accounting Officer;

"Accounting Standards Board" means the board established in terms of section 87 of the Public Finance Management Act;

"annual report" means the annual report referred to in section 60;

"approved budget" means the Legislature's vote on the provincial annual budget as approved by the Legislature or revised in an adjustments budget by the Legislature;

"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"employee" means an employee as defined in terms of section 213 of the Labour Relations Act (Act No. 66 of 1995);

“Executing Authority” means the Speaker of the Legislature;

"financial year" means a year ending 31 March;

"fixed establishment" means the posts which have been created on the Legislature's organogram for the normal and regular requirements of the Legislature Service;

"fruitless and wasteful expenditure" means expenditure that was made in vain and would have been avoided had reasonable care been exercised;

"irregular expenditure" means expenditure, other than unauthorised expenditure, incurred in contravention of or that is not in accordance with a requirement of this Act or any other applicable legislation that regulates the financial management of Provincial Legislatures;

"Legislature" means the North West Provincial Legislature, constituted in terms of section 105 of the Constitution;

"main division" means one of the main segments into which the Legislature's vote is divided and which specifies the total amount which is appropriated for the items under that segment;

7 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

"Member" means any elected Member of the North West Provincial Legislature;

"month" means one of the 12 months of a calendar year;

"official" means an employee of the Legislature or any other person to whom any function is delegated in terms of this Act;

"overspending" (a) in relation to the vote of the Legislature, means causing expenditure under the vote to exceed the amount appropriated for the vote; or (b) in relation to a main division within the vote of the Legislature, means causing expenditure under the main division to exceed the amount appropriated for that main division;

"prescribe" means prescribe by regulation in accordance with section 70;

"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No.1 of 1999);

"quarter" means any of the following periods in a financial year: (a) 1 April to 30 June; (b) 1 July to 30 September; (c) 1 October to 31 December; or (d) 1 January to 31 March;

"Secretary" means the Secretary to the North West Provincial Legislature;

"Service" means the service of the Legislature established in terms of section 5;

"Speaker" means the Speaker of the North West Provincial Legislature, elected in terms of section 111 and Schedule 3 of the Constitution and the Standing Rules of the Legislature; and “Deputy Speaker” shall have a corresponding meaning; and

“Standing Rules” means the rules made by the Legislature in terms of section 116 of the Constitution;

"standards of generally recognised accounting practice" means an accounting practice complying in material respects with standards issued by the National Minister of Finance on the advice of the Accounting Standards Board;

"unauthorised expenditure" means (a) overspending of the Legislature's vote or a main division within that

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vote; (b) any expenditure from the Legislature's vote or a main division within the vote for a purpose unrelated to the vote or main division, subject to section 24; (c) any expenditure of money for a purpose for which funds have not been appropriated or approved; or (d) any expenditure of donor funds for a purpose other than that specified in the agreement with the donor;

"vote" means the Legislature's vote on the provincial annual budget referred to in section 28 (1) of the Public Finance Management Act;

(2) In this Act, a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended.

Object of this Act

2. (1) The objects of this Act are (a) to ensure transparency, accountability and sound management of the revenue, expenditure, assets and liabilities of the Legislature; (b) to establish norms and standards for managing the financial affairs of the Legislature; (c) to establish a Service of the Legislature which can enable the Legislature to effectively carry out its functions; (d) to clearly define the roles, functions, and responsibilities of the Speaker of the Legislature, Members of the Legislature, the Secretary to the Legislature, and officials of the Legislature; and (e) to establish a framework for the effective administration of the Legislature.

9 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 2 MATTERS RELATED TO THE REPEAL OF THE NORTH WEST PROVINCIAL LEGISLATURE SERVICE ACT 8 OF 1997

Deeming Provision

3. Anything purported to have been done for and on behalf of the Legislature, and any person or persons purported to have been appointed to the staff of the Legislature prior to the coming into operation of this Act, shall be deemed to have been done and/or appointed in terms of the provisions of this Act.

Disestablishment of Bodies Established in terms of Act 8 of 1997

4. The Management Board, the Internal Supplies Committee, and the Management Committee, which were established in terms of the North West Provincial Legislature Service Act 8 of 1997, are hereby disestablished. CHAPTER 3 THE LEGISLATURE SERVICE

Establishment of the Legislature Service

5. There is hereby established the Legislature Service, whose principal duties shall be to provide administrative services to the Speaker and other Members of the Legislature.

10 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 4 THE ROLES, FUNCTIONS, AND RESPONSIBILITIES OF THE SPEAKER, MEMBERS OF THE LEGISLATURE, THE SECRETARY TO THE LEGISLATURE, AND OFFICIALS OF THE LEGISLATURE

Speaker of the Legislature

6. (1) The Speaker, elected in terms of section 111 and Schedule 3 of the Constitution and the Standing Rules of the Legislature, is the Executing Authority of the Legislature.

(2) The Speaker has overall responsibility for the Legislature, and is accountable to the Legislature for the sound management of the Legislature. The Speaker shall report to the Legislature as required in terms of this Act or any other applicable national or provincial legislation.

(3) The Speaker is responsible for the overall strategic direction of the Legislature, and for policies which are adopted by the Legislature which are applicable to the Service and the administration of the Legislature.

(4)The control of the expenditure and the appropriation of moneys for the Service vests in the Speaker, who is responsible for exercising the Treasury Function for the Legislature.

(5) The Speaker shall be responsible for ensuring that the Legislature operates in accordance with the Constitution, all applicable national and provincial legislation, and the Legislature's policies.

(6) For as long as the Speaker is, for any reason, unable to perform the duties of the office, the Deputy Speaker shall perform the duties and exercise the powers of the Speaker.

Secretary to the Legislature

7. (1) The Secretary is the Accounting Officer for the Legislature, who is responsible for (a) the collection, receipt, custody and payment of moneys for the services of the Legislature, (b) for the receipt, custody and control of property acquired for the administration of the Legislature and, (c) for keeping of proper accounts in respect of such moneys and property.

(2) The Secretary is accountable to the Executing Authority for the sound management of the Legislature.

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(3) The Secretary is responsible for- (a) providing assistance to the Legislature in carrying out its functions; (b) enforcing the Standing Rules of the Legislature and orders made by the Speaker; (c) providing administrative services to the Speaker and other Members of the Provincial Legislature; and (d) the overall management of the Legislature, and in particular, the financial management of the institution and the management of the Service.

(4) The Secretary is subject to the Constitution, the provisions of any applicable national or provincial legislation which regulates the financial management of the Provincial Legislatures, the Standing Rules of the Legislature, the policies of the Legislature, and the performance management agreement which the Secretary must sign in terms of the Performance Management Development System in the Legislature.

(5) Provided that the Secretary is unable to exercise his or her powers for any other reason, the Speaker shall appoint any person in the service of the Legislature to act as the Secretary to the Legislature.

General financial management functions

8. The Secretary must ensure that (a) the Legislature's resources are used effectively, efficiently, economically and transparently; (b) full and proper records of the financial affairs of the Legislature are kept; (c) the Legislature maintains effective, efficient and transparent systems of financial management, risk management, internal control and internal audit; (d) the Legislature has appropriate systems to manage the performance of its officials; (e) there are suitable training and awareness programmes related to financial management for officers of the Legislature;

Members of the Legislature

9. The functions and activities of Members of the Legislature shall be conducted in accordance with the Constitution, all applicable national and provincial legislation, the Standing Rules of the Legislature, and rules and policies adopted by the Rules Committee of the Legislature.

Responsibilities of officials

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10. (1) Every official in the Legislature, and particularly those assigned financial management responsibilities must (a) comply with the provisions of this Act and all other national and provincial legislation, to the extent applicable to that official; (b) comply with the terms of any delegations in terms of section 16; and (c) take all reasonable steps within that official's area of responsibility to ensure (i) that the Legislature's system of financial management and internal control is implemented diligently; (ii) that the Legislature's financial and other resources are used effectively, efficiently, economically and transparently; (iii) that any unauthorized expenditure, irregular expenditure, fruitless and wasteful expenditure and other losses are prevented, and, when such expenditure or losses occur, are reported to the Secretary; (iv) that all revenue due to the Legislature is collected; and (v) that the Legislature's assets and liabilities are managed effectively, and that assets are safeguarded and maintained to the extent necessary.

Fiduciary responsibilities

11. (1) The Secretary and all officials in the Legislature must (a) act with fidelity, honesty, integrity and in the best interests of the Legislature in managing its financial affairs; (b) disclose all material facts which are available to that person or reasonably discoverable, and which in any way might influence any decision or action in terms of this Act; and (c) seek to prevent any prejudice to the financial interests and good reputation of the Legislature.

(2) For the purposes of subsection (l) (b), any disclosure must be made (a) in the case of the Secretary, to the Speaker; and (b) in the case of any other person, to the Secretary.

(3) No official of the Legislature (a) may act in a way that is inconsistent with the Act; or (b) may use their position or any confidential information obtained in the exercise of their responsibilities for personal gain or to benefit improperly themselves or any other person.

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Staff of the Legislature

12. (1) The Secretary shall appoint staff required for the proper functioning of the Legislature, in accordance with the organogram of the Legislature as approved by the Speaker in terms of the Constitution and all applicable national legislation and the policies of the Legislature.

(2) The appointment of: (a) three Executive Managers of the Legislature shall be made by the Secretary, in consultation with the Speaker. (b) staff in the Speaker's Office shall be made by the Secretary, upon the instruction of the Speaker. (c) all other staff members shall be made by the Secretary.

(3) The promotion, transfer or dismissal of any employee in the Speaker's Office shall be made by the Secretary, after consultation with the Speaker.

(4) The promotion, transfer or dismissal of any other employee of the Legislature shall be made by the Secretary.

(5) Any promotion, transfer or dismissal of any employee of the Legislature shall be in accordance with the Constitution, all applicable national legislation and the policies of the Legislature.

Conditions of service of staff

13. (1)The Secretary shall, after consultation with the Speaker, make, and may from time to time vary, policies providing for the conditions of service for employees of the Legislature and regarding the appointment, promotion, demotion, transfer, or dismissal of employees.

(2) All policies relating to the conditions of service for employees of the Legislature and regarding the appointment, promotion, demotion, transfer or dismissal of employees shall be in accordance with the Constitution and all applicable national and provincial legislation.

Organisation of the Legislature Service

14. The Service shall be organized in accordance with this Act and the organogram of the Legislature, as approved by the Speaker from time to time, which shall set out the posts on the fixed establishment of the Legislature.

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Management of the Legislature Service

15. (1) The Secretary may establish structures within the Service to assist with the consideration of issues relating to the management of the Legislature, the development of policies regarding the management of the institution, and the effective running of the institution.

(2) All policies developed relating to the Legislature Service and the management of the Legislature shall be subject to the final approval of the Speaker, and shall be in accordance with the Constitution and all applicable national and provincial legislation.

Delegation of Powers

16. (1)The Secretary may delegate any powers or duties conferred on the Secretary subject to any limitations which may be contained in applicable national legislation to an official of the Legislature in accordance with a system of delegation.

(2) The system of delegation must be developed with the concurrence of the Speaker and must (a) maximize administrative and operational efficiency; and (b) provide adequate checks and balances in the financial management of the Legislature.

(3) The Secretary must regularly review delegations made in terms of subsection (1) and, if necessary, amend or withdraw any of those delegations.

(4) A delegation in terms of subsection (1) (a) must be in writing; (b) is subject to any limitations and conditions the Secretary may impose; (c) may be to an individual or to the holder of a specific post in the Service; (d) may authorize that official to sub-delegate, in writing, the delegated power or duty to another official, or to the holder of a specific post in the Service; and (e) does not divest the Secretary of responsibility for the exercise of the delegated power or the performance of the delegated duty.

(5) The Secretary may confirm, vary or revoke any decision taken by an official in terms of a delegation under subsection (2), subject to any rights that may have become vested as a consequence of the decision.

15 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 6 PLANNING AND BUDGETING

Preparation of strategic plan, annual performance plan and budget

17. The Speaker must (a) oversee the preparation of the Legislature's strategic plan, annual performance plan and budget in accordance with this Chapter; (b) approve the strategic plan, annual performance plan and budget for submission to the Legislature.

Strategic plan

18. (1) Within six months after a general election, or by another date determined by the Legislature, the Secretary must prepare and present a strategic plan for the Legislature's administration to the Speaker.

(2) The strategic plan for the Legislature's administration must (a) cover the following five years or other period determined by the Legislature, (b) specify the priorities of the Legislature's administration for the period of the plan; (c) include objectives and outcomes for each programme of the Legislature; (d) include multi-year projections of revenue and expenditure; and (e) include performance measures and indicators for assessing the administration's performance in implementing the strategic plan.

Annual performance plan

19. (1) At least ten months prior to the start of the financial year, the Secretary must prepare a draft annual performance plan for the Legislature and present it to the Speaker.

(2) The annual performance plan must (a) cover the following financial year and the two financial years thereafter or other period determined by the Legislature; (b) indicate any changes to the Legislature's priorities as set out in the strategic plan. (c) update the projections of revenue and expenditure presented in the strategic plan; (d) specify performance targets related to each of the performance measures and indicators for assessing the Legislature's performance in achieving its objectives and outcomes; and (e) provide details of the Legislature's donor funded projects, including

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(i) the donors and the amounts being given; (ii) the purposes of the projects; and (iii) performance measures and indicators for assessing the Legislature's performance in achieving the purposes of the projects.

Annual Budget

20. (1) At least ten months prior to the start of the financial year, the Accounting Officer must prepare a draft budget for the Legislature and present it to the Speaker.

(2) The Legislature's budget must (a) cover the following financial year and the two financial years thereafter or other period determined by the Legislature; (b) specify the Legislature's expected revenues, distinguishing between (i) funds to be appropriated through the annual provincial budget; (ii) funds that are a direct charge against the Provincial Revenue Fund; and (iii) funds derived from the Legislature's own revenue sources, excluding donor funds; (c) specify the Legislature's proposed expenditure requirements per main division within the budget, distinguishing between the sources of funds identified in paragraph (b); (d) specify the purpose of each main division within the budget and provide explanations and other information substantiating the amounts proposed in terms of paragraphs (b) and (c); (e) specify (i) allocations of support for political parties represented in the Legislature; (ii) constituency funds for political parties; and (iii) transfers to other entities;1 (/) contain a schedule of the planned expenditure under the Legislature's donor funded projects; and (g) be in accordance with the format prescribed under section 27(3) of the Public Finance Management Act.

Annual appropriations and approvals

21. (1) For each financial year, the Legislature must (a) appropriate the funds identified in terms of section 20(2)(b)(i) in the provincial annual budget referred to in section 27 (2) of the Public Finance Management Act; (b) approve the use of the funds identified in terms of section 20(2)(b)(iii) before the start of the financial year.

(2) Any revision of an appropriation in terms of subsection (1) must be made by a provincial adjustments budget referred to in section 31 of the Public Finance Management Act.

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Expenditure before provincial annual budget is passed

22. (1) If the provincial annual budget is not passed before the start of the financial year, funds may be withdrawn from the Provincial Revenue Fund for the requirements of the Legislature during that financial year as direct charges against the Fund until the budget is passed.

(2) Funds withdrawn from the Provincial Revenue Fund in terms of subsection (1) - (a) may be used only for services for which funds were appropriated in the previous annual budget or adjustments budget; and (b) may not (i) during the first four months of that financial year, exceed 45 per cent of the total amount appropriated in the previous annual budget; (ii) during each of the following months, exceed ten per cent of the total amount appropriated in the previous annual budget; and (iii) in aggregate, exceed the total amount appropriated in the previous annual budget.

(3) The funds provided for in subsection (1) are not additional to funds appropriated for the relevant financial year, and any funds withdrawn in terms of that subsection must be regarded as forming part of the funds appropriated in the budget for that financial year.

Unauthorized expenditure

23. (1) Unauthorized expenditure incurred by the Legislature does not become a charge against the Provincial Revenue Fund, unless (a) the expenditure is an overspending of a vote and the Legislature appropriates an additional amount for that vote which covers the overspending; or (b) the expenditure is unauthorized for another reason and the Legislature authorizes the expenditure as a direct charge against the Provincial Revenue Fund.

(2) The Legislature must advise the Provincial Treasury of any unauthorized expenditure that has been authorized in terms of subsection (1).

(3) If the Legislature authorizes unauthorized expenditure contemplated in sub-section (1) but does not appropriate an additional amount covering the amount of the unauthorized expenditure, the unauthorized expenditure becomes a charge against the funds of the Legislature.

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Virement between main divisions within vote

24. (1) The Secretary may use a saving in the total amount appropriated under a main division within the Legislature's vote towards defraying excess expenditure under another main division within the vote, unless the Speaker directs otherwise.

(2) The amount of a saving under a main division of the Legislature's vote that may be used in terms of subsection (1), may not exceed eight per cent of the amount appropriated under that main division.

(3) This section does not authorize the use of a saving of an amount (a) specifically and exclusively appropriated for a purpose mentioned under a main division within the vote; (b) appropriated for transfer to another institution; (c) appropriated for capital expenditure in order to defray current expenditure; or (d) that is a direct charge against the Provincial Revenue Fund in order to supplement the Legislature's appropriated funds.

(4) The Speaker may make regulations or issue instructions concerning the application of this section.

Roll-over of unspent funds

25. (1) Funds appropriated for, but not spent in, a particular financial year may be rolled over to a subsequent year subject to (a) the approval of the Speaker; and (b) reappropriation in the adjustments budget in terms of section 30 of the Public Finance Management Act.

(2) Any roll over must comply with the following conditions: (a) savings in respect of funds that are a direct charge against the Provincial Revenue Fund may not be rolled over. (b) unspent funds on payments for capital assets may be rolled over only to finalise projects or asset acquisitions still in progress. (c) savings on transfers and subsidies may not be rolled over for purposes other than originally appropriated. (d) savings on funds appropriated for personnel expenditure may not be rolled over. (e) a maximum of five per cent of the Legislature's funds appropriated for goods and services may be rolled over.

(3) The Speaker must submit information on the roll-over of unspent funds to the Provincial Treasury on or before the last working day of April for inclusion in the appropriate provincial adjustments budget.

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(4) The Legislature's own revenues that are approved for in respect of a particular financial year, but not spent in that year, may not be rolled over but must be approved in the following financial year

Surrender of voted surplus funds

26. (1) Funds that are a direct charge against the Provincial Revenue Fund and that are unspent at the end of a financial year must be returned to the Provincial Revenue Fund.

(2) Appropriated funds that are unspent at the end of a financial year and are not rolled over to a subsequent financial year in accordance with section 24 must be returned to the Provincial Revenue Fund.

20 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 7 CASH MANAGEMENT AND INVESTMENT

Cash management and investment policy

27. (1) The Speaker must prescribe an appropriate policy (a) to ensure efficient and effective banking and cash management; and (b) for investing money not immediately required.

(2) The Secretary is responsible for establishing systems and procedures for the effective implementation of the policy prescribed in terms of subsection (1).

Opening of bank accounts

28. (1) The Secretary, with the approval of the Speaker, and in accordance with the policy referred to in section 27, must open and maintain (a) a bank account into which all money received by the Legislature must promptly be paid; and (b) such other bank accounts as are necessary for the effective and efficient management of the Legislature's funds.

(2) The Legislature may not open a bank account (a) abroad; (b) with an institution not registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); or (c) otherwise than in the name of the Legislature.

(3) A bank account opened in terms of this section does not form part of the Provincial Revenue Fund.

Control of bank accounts

29. The Secretary (a) must administer all bank accounts of the Legislature; (b) is accountable to the Speaker for the Legislature's bank accounts; and (c) must enforce compliance with section 30.

Withdrawals from bank accounts

30. (1) Only the Secretary, or an official to whom that power has been delegated in terms of section 16, may withdraw money, or authorise the withdrawal of money, from any of the Legislature's bank accounts.

(2) A delegation in terms of subsection (1) must be in accordance with the

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policy made in terms of section 27.

(3) Money may be withdrawn from one of the Legislature's bank accounts only for (a) defraying expenditure in accordance with the Legislature's approved budget or authorized for the Legislature as a direct charge against the Provincial Revenue Fund; (b) defraying expenditure incurred in relation to a donor funded project; (c) refunding money incorrectly paid into a bank account; (d) to make other refunds approved by the Speaker; or (e) cash management or investment purposes in accordance with the policy made in terms of section 27.

Restrictions on borrowing, guarantees and other transactions

31. (1)The Legislature may not (a) borrow money; (b) issue a guarantee, indemnity or security, or (c) enter into any other similar transaction that binds or may bind it to any future financial commitment.

(2) The Legislature is not bound by a loan transaction, guarantee, indemnity, security or other transaction entered into or concluded in breach of subsection(1).

Requisitioning of Funds

32. The Speaker must determine a process for requisitioning funds that provides for sound cash-flow management.

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Asset and liability management

33. (1) The Secretary is responsible for managing (a) The Legislature's assets, including safeguarding and maintaining those assets; and (b) The Legislature's liabilities.

(2) For the purposes of subsection (1), the Secretary must ensure that (a) The Legislature maintains a management, accounting and information system that accounts for its assets and liabilities; (b) The Legislature's assets and liabilities are valued in accordance with generally recognised accounting practice; and (c) The Legislature maintains a system of internal control of assets and liabilities, including an asset and liabilities register, as may be prescribed.

Revenue management

34. (1) The Secretary is responsible for managing the revenue of the Legislature.

(2) For the purposes of subsection (1), the Secretary must ensure that (a) the Legislature has effective revenue collection systems; (b) all money received is deposited promptly in accordance with this Act into the bank account contemplated by section 28(1)(a); (c) the Legislature maintains a management, accounting and information system which (i) recognizes revenue when it is earned; and (ii) accounts for receipts of revenue; (d) the Legislature maintains a system of internal control in respect of revenue; and (e) all revenue received by the Legislature is reconciled at least on a weekly basis.

Management of debtors

35. (1) The Secretary must take effective and appropriate steps to collect all monies due to the Legislature including (a) maintaining proper accounts and records of all debtors, including amounts received in part payment; and (b) if appropriate, instituting legal proceedings.

(2) The Secretary may settle or write off a debt only in accordance with a prescribed policy.

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(3) Interest must be charged on any debt owed to the Legislature in accordance with a prescribed policy.

Expenditure management

36. (1) The Secretary is responsible for managing the expenditure of the Legislature. (2) For the purpose of subsection (1), the Secretary must ensure that (a) the Legislature maintains an effective system of expenditure control, which includes procedures for the approval and authorization of the withdrawal and payment of funds; (b) The Legislature maintains a management, accounting and information system which (i) recognizes expenditure when it is incurred; (ii) accounts for creditors of the Legislature; and (iii) accounts for payments made by the Legislature; (c) the Legislature maintains a system of internal control in respect of creditors and payments; (d) the Legislature makes payment (i) directly to the person to whom it is due unless agreed otherwise or for good reason; and (ii) either electronically or by way of non-transferable cheques, but cash payments and payments by way of cash cheques may be made for exceptional reasons, and only up to a prescribed limit; (e) all amounts owed by the Legislature are paid within 30 days of receiving the relevant invoice or statement, unless agreed otherwise; and (f) all financial accounts of the Legislature are closed at the end of each month and reconciled with its records.

Support for political parties

37. (1) Allocations for support for political parties represented in the Legislature may be used only in accordance with a policy adopted by the Legislature.

(2) Thirty days prior to the beginning of each financial year, each political party must submit to the Secretary an expenditure plan approved by the caucus of the party, that conforms with the policy contemplated by subsection (1).

Constituency funds

38. (1) Constituency funds transferred to political parties represented in the Legislature may be used only in accordance with a policy adopted by the Legislature.

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(2) Before transferring any funds to a party, the Secretary must (a) obtain a written assurance from the party it has financial management systems that will enable it to account separately for the use of constituency funds; or (b) if such an assurance is not or cannot be given, the Secretary must render the transfer of the funds subject to conditions requiring the political party to establish and implement the required financial management systems.

(3) Two months after the end of the financial year, each political party must submit to the Speaker and the Auditor-General financial statements in the prescribed format reflecting the use of the constituency funds.

(4) The Auditor-General must (a) audit the financial statements; (b) submit an audit report on those statements to the Speaker within two months of receiving them; and (c) recover the audit costs from the Legislature.

(5) Within five days of receiving an audit report, the Speaker must table it and the relevant financial statements in the Legislature, unless the Legislature is then in recess, in which case the Speaker must table the report in the first sitting of the Legislature thereafter.

(6) Should a party not submit the financial statements to the Secretary within two months after the end of a financial year, the party will forfeit one tenth of its constituency funds for each month or part thereof that the financial statements are late.

Transfers

39. Before transferring any funds to any entity, whether within or outside government, the Secretary must obtain (a) a written assurance from the entity that it implements effective, efficient and transparent financial management and internal control systems; or (b) render the transfer subject to conditions and remedial measures requiring the entity to establish and implement effective, efficient and transparent financial management and internal control systems.

Budget implementation

40. The Legislature is responsible for implementing the Legislature's budget and must ensure that (a) spending is in accordance with the approved budget; and (b) revenue and expenditure are properly monitored.

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Instructions from the Speaker with financial implications

41. (1) Any directive by the Speaker to the Secretary that has financial implications must be in writing.

(2) If implementation of a directive is likely to result in unauthorized expenditure, the Secretary will be responsible for any resulting unauthorized expenditure, unless the Secretary has informed the Speaker in writing of the likelihood of that unauthorized expenditure.

(3) If the Speaker decides to proceed with the implementation of such a directive, the decision and the reasons for it, must be in writing, and the Secretary must promptly file a copy of this document with the Auditor- General.

Impending shortfalls and overspending

42. The Secretary must (a) report in writing to the Speaker (i) any impending shortfalls in budgeted revenue and overspending of a main division within the Legislature's vote; and (ii) any steps taken to prevent or rectify such shortfalls or overspending; and (b) comply with any remedial measures imposed by the Speaker to prevent or rectify such shortfalls or overspending.

26 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 9 SUPPLY CHAIN MANAGEMENT

Application of this Chapter

43. This Chapter applies to (a) the procurement by the Legislature of goods and services; and (b) the disposal and letting of the Legislature's assets, including the disposal of goods no longer required.

Supply chain management policy

44. The Speaker must prescribe a supply chain management policy which (a) is fair, equitable, transparent, competitive and cost effective; (b) promotes high ethical standards and prohibits fraud, corruption, favoritism and unfair and irregular practices; (c) requires disclosure of and deals appropriately with conflicts of interests; (d) establishes appropriate supply chain management processes and procedures, including (i) demand management; (ii) acquisition management; (iii) logistics management; (iv) disposal management; (v) risk management; and (vi) regular assessment of supply chain performance; (e) complies with other applicable legislation; f) is consistent with the supply chain management policy issued in terms of the Public Finance Management Act; and (g) covers at least the matters specified in Schedule 1 to this Act.

Implementation of system

45. The Secretary must (a) implement the supply chain management policy; (b) establish capacity in the Legislature to implement the policy; (c) take all reasonable steps to ensure that proper mechanisms are in place to minimize dishonesty, favoritism and unfair and irregular practices; (d) ensure that contracts concluded for the supply of services and goods are properly enforced; (e) monitor the performance of contractors; and (f) regularly report to the Speaker on (i) the management of contracts and the performance of contractors; and (ii) the implementation of the policy.

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Supply Chain Management Committee

46. In consultation with the Speaker, the Secretary may- (a) constitute a Supply Chain Management Committee for the procurement of the services and supplies for the Legislature; (b) determine the size, structure, composition and duration of the Supply Chain Management Committee; (c) determine the procedures to be followed by the Supply Chain Management Committee in procuring the required services and supplies; and (d) determine the terms, conditions and other specification of the procurement contracts;

Provided that the system used by the Supply Chain Management Committee shall be fair, equitable, transparent, competitive and cost- effective, and in accordance with all applicable requirements set out in national or provincial legislation, and the supply chain management policy for the Legislature.

Unsolicited offers

47. (1) The Speaker may prescribe procedures for considering offers to supply goods or services that are unsolicited or are made otherwise than in accordance with the Legislature's prescribed procurement processes.

(2) The Legislature (a) is not obliged to consider any offer contemplated in subsection (1); (b) may consider an offer contemplated in sub-section (1) only in accordance with the prescribed procedure.

Tenders not recommended

48. (1) The Secretary must notify the Auditor-General and the Speaker in writing if a contract is concluded in respect of a tender, quotation, or other bid other than the one recommended in terms of the supply chain management policy.

(2) Sub-section (1) does not apply if a contract was concluded in order to rectify an irregularity.

Members of the Legislature barred from serving on tender committees

49. No Member of the Legislature may (a) be a member of a committee evaluating or approving tenders, quotations, contracts or other bids for the Legislature. (b) attend any meeting of such committee as an observer; or

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(c) participate in any other way in evaluating or approving tenders, quotations, contracts or other bids for the Legislature.

Interference

50. No person may (a) interfere with the supply chain management system of the Legislature; (b) impede the Secretary in fulfilling the responsibilities of the Secretary in terms of this Chapter; or (c) amend or tamper with any tender, quotation, contract or bid after its submission.

Prohibition on contracts

51. No contract to provide goods or services to the Legislature may be awarded to a Member of Parliament, to a Member of a Provincial Legislature, to a Municipal Councilor, to a person in the employ of the State or to any entity in which such a person is a Director or has a controlling or other substantial interest.

29 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 10 AUDIT COMMITTEE AND INTERNAL AUDIT UNIT

Establishment of audit committee

52. (1) The Legislature must have an audit committee appointed by the Speaker.

(2) The committee must (a) be constituted in a manner that ensures its independence; and (b) consist of at least six persons with appropriate experience.

(3) More than half of the members of the committee must be individuals who (a) are not employed by the Legislature or the state and are not Members of Parliament, a Provincial Legislature or a municipal council; and (b) have no personal or financial interest in any matter related to the financial management of the Legislature.

(4) The Speaker must appoint one of the members contemplated by subsection (3) as the chairperson of the committee.

(5) The terms of appointment and remuneration of members of the audit committee contemplated in subsection (3) must be consistent with the requirements for audit committees prescribed under the Public Finance Management Act.

(6) A member of the audit committee who has a personal or financial interest in any matter before the committee must disclose that interest and withdraw from the proceedings of the committee when that matter is considered.

Functions of audit committee

53. (1) The audit committee must (a) establish an audit charter to (i) guide its audit approach and that of the internal audit unit; (ii) set out its operating procedures; and (iii) determine the rules that govern its relationship with the internal audit unit and the Secretary; (b) carry out such investigations into the Legislature's financial and risk management as it considers necessary or are requested by the Secretary; (c) in the annual report of the Legislature, comment on (i) the effectiveness of internal control; (ii) the quality of financial management and reports compiled by the

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Secretary in terms of this Act and other applicable national and provincial legislation; and (iii) the quality of the annual financial statements; (d) report to and advise the Secretary on matters relating to the financial and risk management of the Legislature; and (e) communicate any concerns it deems necessary to the Speaker and the Auditor-General.

(2) In performing its functions, the audit committee must (a) have access to the financial records and other relevant information of the Legislature; (b) must meet as often as required to perform its functions, but at least four times a year; and (c) must liaise with (i) the internal audit unit of the Legislature; and (ii) the person designated by the Auditor-General to audit the financial statements of the Legislature;

Allegations against the Secretary

54. If the audit committee becomes aware of information implicating the Secretary in fraud, corruption or gross negligence, it must report this promptly to the Speaker.

Internal audit unit

55. (1) The Legislature must have an internal audit unit established by the Secretary, which must conduct internal audits in accordance with the relevant standards prescribed for public entities in terms of the Public Finance Management Act.

(2) The unit must prepare for the approval of the audit committee (a) operating procedures to guide its relationship with the administration of the Legislature; (b) a three-year risk-based audit plan; and (c) an internal audit program for each financial year setting out the proposed scope of each audit.

(3) The unit must report quarterly to the audit committee on its performance against the annual audit plan.

(4) The unit must (a) be independent of the activities that are audited; and (b) have access to the financial records and other relevant information of the Legislature.

31 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 11 REPORTING AND AUDITING

Part 1: In-year reporting

Monthly financial statements

56. (1) Within fifteen days after the end of each month, the Secretary must submit a financial statement to the Speaker, in a format determined by the Speaker, reflecting the state of the Legislature's finances for that month and for the financial year to date and specifying (a) actual revenue by revenue source; (b) actual expenditure by main division; (c) actual capital expenditure by main division; and (d) when necessary, an explanation of (i) any material variances from the Legislature's projected revenue by source, and from the Legislature's expenditure projections by main division; and (ii) any remedial or corrective steps taken or to be taken to ensure that projected revenue and expenditure remain within the Legislature's approved budget.

(2) The statement must include a projection of revenue and expenditure for the remainder of the financial year, and any revisions from initial projections.

(3) The amounts reflected in the statement must in each case be compared with the corresponding amounts set out in the projected cash-flows and in the Legislature's budget.

Quarterly performance reports

57. Within 30 days of the end of each quarter, the Secretary must report to the Speaker on the Legislature's performance in implementing the annual performance plan in that quarter.

Mid-year budget and performance assessment

58. (1) Before 31 October of each year, the Secretary must submit to the Speaker a report that assesses the performance of the Legislature's administration during the first half of the financial year, taking into account (a) the monthly statements referred to in sections 37 and 38 for the first half of the financial year; (b) the past year's annual report, and progress on resolving problems identified in the report; and

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(c) performance in implementing the annual performance plan. (2) In the report Secretary must (a) recommend whether an adjustments budget may be necessary; and (b) revise projections for revenue and expenditure to the extent that this may be necessary.

Submission of reports to the Legislature

59. The Speaker must table the monthly, quarterly and mid-year reports in the Legislature within five working days of receiving the reports, unless the Legislature is currently in recess, in which case the reports shall be tabled at the first sitting of the Legislature after the Legislature is back in session.

Part 2: Annual report, financial statements and auditing

Preparation of annual reports

60. (1) For each financial year, the Secretary must prepare an annual report.

(2) The purpose of an annual report is to (a) provide a record of the activities of the Legislature's administration during the financial year to which the report relates; (b) provide a report on performance of the Legislature's administration; and (c) promote accountability for decisions made during the year by the Legislature's administration.

(3) The annual report must be based on the annual performance plan and must contain (a) the annual financial statements of the Legislature for the relevant financial year as submitted to the Auditor-General; (b) any explanations that may be necessary to clarify the financial statements; (c) the Auditor-General's audit report on those financial statements; (d) an assessment by the Secretary of the performance of the Legislature during that financial year against the objectives and outcomes identified in Legislature's annual performance plan; (e) particulars of any corrective action taken or to be taken in response to issues raised in the audit report referred to in paragraph (b); (f) the audit committee's report; and (g) any other prescribed information.

Preparation of financial statements

61. (1) For each financial year, the Secretary must prepare annual financial statements in accordance with generally recognized accounting practice and in the format prescribed in terms of the Public Finance Management Act.

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(2) The notes to the annual financial statements must (a) include particulars of the remuneration of officials of the Legislature, whether financial or in kind; (b) disclose in respect of each bank account held by the Legislature during the relevant financial year (i) the name of the bank where the account is or was held, and the type of account; and (ii) year opening and year end balances in each of these bank accounts; and (c) provide a summary of all investments of the Legislature as at the end of the financial year; and (d) provide particulars of (i) any material losses and any material unauthorized, irregular or fruitless and wasteful expenditures that occurred during the financial year and whether these are recoverable; (ii) any criminal or disciplinary steps instituted as a result of such losses or unauthorized, irregular or fruitless and wasteful expenditures; and (iii) any material losses written off.

Submission of annual financial statements

62. (1) Within two months after the end of the financial year, the Secretary must submit the annual financial statements (a) to the Auditor-General for auditing; and (b) to the Provincial Treasury for inclusion in the consolidated financial statements.

Auditing of annual financial statements

63. (1) The Auditor-General must (a) audit the financial statements submitted in terms of section 62; and (b) submit an audit report on those statements to the Speaker within two months of receiving the statements.

(2) If the Auditor-General is unable to complete an audit within two months of receiving the financial statements, the Auditor-General must promptly submit a report outlining the reasons for the delay to the Speaker. The Speaker must promptly table the report in the Legislature.

(3) Once the Auditor-General has submitted an audit report to the Speaker, no person other than the Auditor-General may alter the report or the annual financial statements to which the report relates.

34 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za

Submission of annual report

64. The Secretary must submit the Legislature's annual report to the Speaker within five months of the end of the financial year concerned.

Tabling of annual report

65. (1) The Speaker must table the annual report in the Legislature within five working days of receiving it, unless the Legislature is in recess, in which case the report shall be tabled at the first sitting of the Legislature after the Legislature is back in session.

(2) The annual report, including the audited financial statements and audit report, must be made public.

Issues raised in audit reports

66. The Secretary must (a) promptly address any issues raised by the Auditor-General in an audit report; and (b) advise the Speaker of the steps taken to address the issues.

Consequences of non-compliance with certain provisions

67. (1) If the Secretary does not submit the annual financial statements to the Auditor-General in accordance with section 62 (a) the Secretary must promptly submit a written explanation setting out the reasons for the failure to (i) the Auditor-General; and (ii) the Speaker; and (b) the Speaker (i) must report to the Legislature concerning the failure; (ii) must take appropriate steps to ensure that the financial statements are submitted for auditing; and (iii) may order that disciplinary steps be taken against the Secretary or other person responsible for the failure; and (c) the Auditor-General may issue a special report on such failure to the Legislature which must be made public.

(2) If the Speaker does not table the annual report in the Legislature in accordance with section 65 (a) the Speaker (i) must table a report on the failure in the Legislature; (ii) must take appropriate steps to ensure that the annual report is tabled in the Legislature; and

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(iii) may order that disciplinary steps be taken against the Secretary or other person responsible for the failure; and (b) the Auditor-General (i) must submit the audited financial statements and audit report to the Legislature for tabling; and (ii) may issue a special report on the delay.

Part 3: General reporting responsibilities

Reporting of irregularities

68. The Secretary must report particulars of any unauthorized, irregular or fruitless and wasteful expenditure to the Speaker immediately on discovery.

Other information

69. The Secretary must comply with any request by the Speaker or the Auditor- General for information, returns, documents, explanations and motivations.

36 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 12 REGULATIONS AND INSTRUCTIONS

Regulations and instructions

70. (1) The Speaker may make regulations or issue instructions not inconsistent with this Act concerning (a) any matter in respect of which this Act authorizes regulations or instructions; (b) the handling of, and control over, the assets of the Legislature; (c) the improvement and maintenance of the assets of the Legislature; (d) the alienation, letting or other disposal of the assets of the Legislature; (e) an appropriate supply chain management system for the Legislature which complies with Chapter 9; (/) the financial management of the provision of support services to Members; (g) the rendering of free services by the Legislature's administration; (h) the determination of any scales of fees, other charges or rates relating to services provided by the Legislature's administration; (i) the writing off of, or settling of claims in respect of, losses of money or other assets of the Legislature or amounts owed to the Legislature; (j) liability for losses and damages, and procedures for recovery, including the recovery of fruitless and wasteful, unauthorized and irregular expenditure; (k) the cancellation or variation of contracts to the detriment of the Legislature; (1) the settlement of claims by or against the Legislature; (m) the waiver of claims by the Legislature; (n) the remission of money due to the Legislature; (o) gifts or donations to officials of the Legislature; (p) vouchers or other proofs of receipts or payments, which are defective or have been lost or damaged; (q) varying the time period within which any act must be performed in terms of this Act if it is necessary to achieve conformity with the budgeting or accounting cycles applicable to the public sector; and (r) any other matter concerning the financial or general management of the Legislature that may facilitate the application of this Act.

(2) Regulations in terms of subsection (1) may prescribe that the prior approval of the Speaker must be obtained for particular actions.

(3) Regulations issued by the Speaker in terms of sub-section (1) may come into effect only after they have been approved by the Legislature.

(4) The Secretary must publish all regulations issued by the Speaker after their approval by the Legislature.

37 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za CHAPTER 13 FINANCIAL MISCONDUCT

Part 1; Disciplinary proceedings

Financial misconduct by the Secretary

71. (1) The Secretary commits an act of financial misconduct if the Secretary deliberately or negligently (a) contravenes a provision of this Act or other applicable national or provincial legislation that regulates the financial management of provincial legislatures; (b) fails to comply with a duty imposed by a provision of this Act or other applicable national or provincial legislation on the Secretary as accounting officer; (c) makes, or permits or instructs another official of the Legislature to make, an unauthorized, irregular or fruitless and wasteful expenditure; or (d) provides incorrect or misleading information in any document which must be submitted to the Speaker or the Auditor- General in terms of this Act.

(2) The Speaker must (a) investigate promptly any allegation of financial misconduct against the Secretary, unless it is obviously unfounded; and (b) if the investigation warrants such a step, institute disciplinary proceedings promptly and in accordance with any applicable systems and procedures.

Financial misconduct by officials

72. (1) An official of the Legislature to whom a power or duty was delegated in terms of section 16, commits an act of financial misconduct if that official deliberately or negligently (a) fails to carry out the delegated power or duty; (b) contravenes or fails to comply with a condition of the delegated power or duty; (c) makes, or permits or instructs another official of the Legislature to make, an unauthorized, irregular or fruitless and wasteful expenditure; or (d) provides incorrect or misleading information in any document submitted to the Secretary.

(2) The Secretary must (a) investigate any allegation of financial misconduct against an official unless it is obviously unfounded; and (b) if the investigation warrants such a step, institute disciplinary

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proceedings within 30 days in accordance with any applicable systems and procedures.

Part 2: Criminal proceedings

Offences

73. (1) It is an offence for the Secretary to (a) deliberately or in a grossly negligent way (i) contravene or fail to comply with a provision of section 8, 33(2)(a) or (c), 34(2)(a) or (c) or 36 (2) (a), (b), (c), (d) or (f); (ii) fail to take all reasonable steps to prevent unauthorized, irregular or fruitless and wasteful expenditure; or (b) contravene section 11 (3) (b); (c) fail to take all reasonable steps to prevent corrupt practices (i) in the management of Legislature's assets or receipt of money; or (ii) in the implementation of the Legislature's supply chain management system; (d) deliberately mislead or withhold information from the Speaker or Auditor-General on any bank accounts of the Legislature or on money received or spent by the Legislature; or (e) deliberately provide false or misleading information in any document which in terms of a requirement of this Act must be submitted to the Speaker or Auditor-General.

(2) It is an offence for any official (a) to whom a power or duty is delegated in terms of section 16, deliberately or in a grossly negligent way to contravene or fail to comply with the delegation or a condition of the delegation; or (b) to contravene section 11(3)(b).

(3) It is an offence for any person to contravene section 50 or 63 (3).

Penalties

74. A person convicted of an offence in terms of section 73 is liable to imprisonment for a period not exceeding five years or to an appropriate fine determined in terms of applicable legislation or both.

Liability of functionaries exercising powers and functions in terms of this Act

75. (1) The Speaker, the Secretary or any other official exercising a power or performing a function in terms of this Act, is liable in respect of any loss or damage resulting from the exercise of that power or the performance of that function in good faith.

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(2) Without limiting liability in terms of the common law or other legislation, the Legislature may recover from the Secretary or other official, any loss or damage suffered by it because of the deliberate or negligent unlawful actions of the Secretary or other official when performing a function in terms of this Act.

Repeal of Laws

76. The laws mentioned in the first and second columns of Schedule 2 are hereby repealed to the extent indicated in the third column of Schedule 2. Transitional provision

77. Anything purported to have been done for and on behalf of the Legislature, and any person or persons appointed to the staff of the Legislature in terms of this Act, prior to the commencement of this Act, shall be deemed to have been done or appointed in terms of the provisions of this Act.

Short Title and Commencement

78. This act is called the North West Provincial Legislature Management Act 3 of 2007 and shall come into operation on the 1st of April 2008

40 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za SCHEDULE 1

Matters that must be covered in the Legislature's supply chain management policy

The Legislature's supply chain management policy must cover the following matters (a) the range of supply chain management processes that the Legislature may use, including tenders, quotations, auctions and other types of competitive bidding; (b) when the Legislature may or must use a particular type of process; (c) procedures and mechanisms for each type of process; (d) procedures and mechanisms for more flexible processes where the value of a contract is below a prescribed amount; (e) open and transparent pre-qualification processes for tenders or other bids; (f) competitive bidding processes in which only pre-qualified persons may participate; (g) bid documentation, and the advertising of and invitations for contracts; (h) procedures and mechanisms for- (i) the opening, registering and recording of bids in the presence of interested persons; (ii) the evaluation of bids to ensure best value for money; (iii) negotiating the final terms of contracts; and (iv) the approval of bids; (i) screening processes and security clearances for prospective contractors on tenders or other bids above a prescribed value; (j) compulsory disclosure of any conflicts of interests prospective contractors may have in specific tenders; (k) the circumstances in which prospective contractors may be excluded from being considered for any contract on account of a conflict of interest; (I) the consequences of failing to disclose conflicts of interest in accordance with the Policy; (m) participation in the supply chain management system of persons who are not officials of the Legislature or employed by the state; (n) the barring of persons from participating in tendering or other bidding processes, including persons- (i) convicted for fraud, corruption or any other crime involving dishonesty in the previous five years; (ii) who willfully breached a contract with an organ of state during the previous five years; or (iii) whose tax matters are not cleared by South African Revenue Service; (o) measures for (i) combating dishonesty, favoritism and unfair and irregular practices in supply chain management; and

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(ii) promoting ethics of officials of the Legislature and others involved in supply chain management; (p) the invalidation of recommendations or decisions that were made, taken or in any way influenced by (i) Members of the Legislature in contravention of this Act or any applicable code of conduct for Members of the Legislature; (ii) officials of the Legislature in contravention of this Act or any applicable code of conduct for officials of the Legislature; (q) the procurement of goods and services by the Legislature through contracts procured by other organs of state; (i) contract management and dispute settling procedures; (ii) the delegation of the Legislature's supply chain management powers and duties to officials of the Legislature; and (iii) the circumstances in which a contract or agreement procured through the supply chain management policy of the Legislature may be amended by the parties.

SCHEDULE 2 LEGISLATION REPEALED

No and Year of Act Short Title Extent of Repeal

Act No. 8 North West The whole of 1997 Provincial Legislature Service Act, 1997

Act No. 4 North West Section 15A of 1997 Provincial Exchequer Act , 1994

42 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za NOTES

43 MANAGEMENT ACT, 3 of 2007 NORTH WEST PROVINCIAL LEGISLATURE www.nwpl.gov.za NOTES

44 MANAGEMENT ACT, 3 of 2007

NORTH WEST TRADITIONAL LEADERSHIP AND GOVERNANCE ACT No. 2 OF 2005

[DATE OF ASSENTMENT ______] [DATE OF COMMENCEMENT______] (English text singed by the Premier)

ACT

To provide for the recognition of traditional communities, traditional leadership, institutions; to define the role and functions of traditional leaders; to define the functions of traditional councils; to provide for the appointment, recognition, removal of traditional leaders; to provide for the payment of allowances (sitting, subsistence and traveling) to traditional leaders; to promote cooperative governance and transformation of the traditional leadership institutions; to provide for the provincial code of conduct for traditional leadership; to provide for mechanisms for dispute resolution; to regulate the administration of traditional institutions; and to provide for other incidental matters.

PREAMBLE

WHEREAS National Government has in accordance with the Constitution and National legislation set out: -

- To set a national framework, norms and standards that will define the role of traditional leadership within the system of democratic governance; - to transform the institution in line with Constitutional imperatives; and - to restore the integrity and legitimacy of the institution of traditional leadership in line with customary laws and practices;

AND WHEREAS the Constitution recognizes –

- The institution, status and role of traditional leadership according to customary law; and - A traditional authority that observes a system of customary law;

AND WHEREAS –

- the State must respect, protect and promote the institution of traditional leadership in accordance with the dictates of democracy in South Africa;

- the State recognizes the need to provide appropriate support and capacity building to the institution of traditional leadership;

- the institution of traditional leadership must be transformed to be in harmony with the Constitution and the Bill of Rights so that - § democratic governance and the values of an open and democratic society may be promoted; and § gender equality within the institution of traditional leadership may progressively be advanced; and

- the institution of traditional leadership must – § promote freedom, human dignity and the achievement of equality and non sexism;

§ derive its mandate and primary authority from applicable customary law and practices; § strive to enhance tradition and culture; § promote nation building, harmony and peace amongst people; § promote the principles of co-operative governance in its interaction with all spheres of government and organs of state; and § promote an efficient, effective and fair dispute resolution system and a fair system of administration of justice, as envisaged in applicable legislation;

AND WHEREAS the North West Provincial Government is committed to transformation of the institution of traditional leadership;

AND WHEREAS the North West Provincial Government seeks to promote collaboration between the institution and the three spheres of government in line with the dictates of cooperative governance;

AND WHEREAS the North West Provincial Government seeks to provide an enabling environment for the recognition, protection, preservation, transformation and development of traditional communities, institutions, customary law and customs in the North West Province;

NOW BE IT THEREFORE ENACTED by the Legislature of the North West Province as follows: -

ARRANGEMENT OF SECTIONS

CHAPTER 1 Interpretation and application

1. Definition 2. Application and Interpretation

CHAPTER 2 Traditional community and traditional council

3. Recognition of Traditional Community 4. Withdrawal of recognition of Traditional Community 5. Traditional Community 6. Constitution of Traditional Council 7. Disqualification 8. Vacation of seat by member of Traditional Council 9. Function of Traditional Council 10. Administration of traditional community 11. Meeting of Traditional Council 12. Staff of Traditional Council

CHAPTER 3 Traditional Leaders

13. Recognition of kgosi / kgosigadi 14. Removal of kgosi /kgosigadi 15. Recognition of regents 16. Recognition of an acting kgosi / kgosigadi 17. Recognition of Deputy kgosi / kgosigadi 18. Role and function of kgosi /kgosigadi 19. Identification of kgosana

20. Removal of kgosana 21. Recognition of an acting kgosana 22. Recognition of Deputy kgosana 23. Function of kgosana 24. Royal family 25. Meeting of Royal family CHAPTER 4 Conditions of service

26. Sitting, subsistence and travelling 27. Code of conduct and breach of the code

CHAPTER 5 Financial matters

28. Levies 29. Voluntary contributions 30. Traditional authority accounts 31. Auditing of books and accounts of traditional communities

CHAPTER 6 Governance matters

32. Legal proceedings against Traditional Communities and Traditional Council 33. Partnership with municipality 34. Support to Traditional Council and performance monitoring 35. Capacity building 36. Development programmes

CHAPTER 7 General matters

37. Implementation of decision of national commission 38. Commission of inquiry into disputes and other matters relevant to bogosi or bogosana of traditional communities, and powers of Premier following commisions reports 39. Offences and penalty 40. Delegation 41. Regulation 42. Repeal of Laws and savings 43. Transitional arrangements 44. Short title and commencement

Chapter 1 Interpretation and application

Definitions

1. (1) In this Act, unless the context indicates otherwise –

“bogosana” means the position held by a kgosana;

“bogosi” means the position held by a kgosi;

“Constitution” means the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996);

“Executive Council” means the Executive Council of the Province of North West as contemplated in section 132 of the Constitution;

“financial year” means the period commencing on 1 April of any year and ending on 31 March of the succeeding year;

“Gazette” means the Provincial Gazette of the North West Province;

“Head of Department” means a head of a department responsible for the institution of traditional leadership and institutions;

“kgosana” means a hereditary traditional leader who, - (a) is under the authority of, or exercise authority within the area of jurisdiction of, a senior traditional leader in accordance with customary law; and (b) is recognized as such in terms of this Act.

“kgosi/kgosigadi” means the person who in accordance with the laws and customs of a particular traditional Community is recognized as the hereditary head of such traditional community and who is a citizen of the Republic of South Africa;

“Legislature” means the Legislature of the Province of North West as contemplated in section 103 of the Constitution;

“motsana” means an outlying village under the authority of a kgosana, within the area of jurisdiction of, a senior traditional leader in accordance with customary authority structure;

“Officer” means an officer of the North West Provincial government and/ or the central government;

“Premier” means the Premier of the North West Province elected as contemplated in section 128 of the Constitution and includes acting Premier as contemplated in section 131 of the Constitution;

“Province” means the North West Province;

“Prescribe” means as prescribed by regulation made in terms of this Act;

“regent” means the person who, in accordance with the laws and customs of a particular traditional community/ morafe, acts as the kgosi/ kgosigadi, or kgosana, as the case may be, while the kgosi/ kgosigadi or kgosana is unable or incapable to take up the position or is still under the age of twenty-one years.

“Royal family” means the core customary institution or structure consisting of immediate relatives of the ruling family within a traditional community, who have been identified in terms of custom, and includes, where applicable, other family members who are close relatives of the ruling family;

“the Framework Act” means the Traditional Leadership and Governance Framework Act, Act No. 41 0f 2003;

“this Act” means the North West Traditional Leadership And Governance Act, Act No. 2004.

“tradition” includes the traditions, laws and customs practiced by members of a traditional community;

“Traditional Council” means the Council, which is constituted in accordance with the laws and customs of a particular traditional community;

“traditional community” means a traditional community recognized as such in terms of section 3 of this Act;

“traditional leader” includes a kgosi/ kgosigadi, a kgosana and/ or regent.

(2) Any word or expression to which a meaning has been assigned in the Framework Act bears the meaning so assigned, unless the context indicates otherwise.

Application and Interpretation

2. (1) This Act shall apply only within the boundaries of the North West Province and governs traditional leadership within the Province.

(2) This Act is subject to the Constitution and the Framework Act.

(3) Nothing contained in this Act may be construed as precluding members of a traditional community from addressing a traditional leader by the traditional title accorded to him or her by custom, but such traditional title does not derogate from, or add anything to, the status, role and functions of a traditional leader as provided for in this Act.

(4) Traditional leaders may acknowledge or recognize the different levels of seniority among themselves in accordance with custom, and none of the definitions contained in section 1 must be construed as conferring, or detracting from, such seniority.

(5) Customs, traditions or customary laws relating to traditional leadership will continue to operate, subject to the Constitution, the Framework Act and this Act.

Chapter 2 Traditional community and traditional council

Recognition of traditional Community

3. (1) The Premier may, on application by a community, recognize a community as a traditional community in the prescribed form: Provided such a community -

(a) is subject to a system of traditional leadership in terms of that community‘s customs and practices; and (b) observes a system of customary law.

(2) The Premier shall consult with the community concerned, any other community affected by such application, the Local House of Traditional Leaders having jurisdiction within the area in which the applicant community resides, and the Provincial House of Traditional Leaders.

(3) The Premier shall, subject to the provisions of subsection (2), within a period of 12 months from the date of receipt of the application for recognition decide on such application.

(4) The Premier shall, by notice in the Gazette, publish any decision made in terms of subsection (1) within 30 days from the date of such decision.

(5) The Premier may at any time after the publication of the notice referred to in subsection (4) reverse his or her decision if it is subsequently established that the group of people who have been recognized as a traditional community -

(a) are not subject to a system of traditional leadership in terms of that community‘s customs and practices; (b) do not observe a system of customary law; and or (c) recognition as a traditional community was erroneously granted.

Withdrawal of recognition of a traditional Community

4. (1) The Premier, after consultation with the Provincial House of Traditional Leaders may withdraw the recognition as a traditional community where the community concerned requests the Premier in writing to its recognition as a traditional community.

(2) The Premier, after consultation with the Provincial House of Traditional Leaders may review the recognition or division or the merging of a community or communities as a traditional community where –

(a) the community or communities concerned requests the Premier to review the position of that community or communities that was or were divided or merged prior to 1994 in terms of applicable legislation; or (b) two more recognized traditional communities request the Premier that they be merged into a single traditional community.

(3) The withdrawal or review of the recognition or division or merging community or communities must be effected by way of a notice in the Gazette.

(4) The notice referred to in subsection (3) must also provide for the withdrawal of the recognition of the traditional council.

Traditional community area

5. (1) The Premier may define an area of any traditional community recognized in terms of section 3 and may likewise modify and redefine such traditional community area.

(2) Any definition of a traditional community area in terms of subsection (1) shall be made after consultation with members of any traditional community affected by such definition.

(3) Any definition of a traditional community area in terms of subsection (1) shall be made after consultation with the Local House of Traditional Leaders operating within the area or areas affected by such definition.

(4) Consultation in terms of subsection (2) shall take place by means of a public meeting of members of any traditional community affected by such definition, convened by the Premier for such purpose.

Constitution of a Traditional Council

6. (1) A traditional community recognized in terms of section 3 shall have a traditional council constituted in accordance with this Act as read with the Framework Act.

(2) (a)The Premier must determine, in accordance with a prescribed formular, the number of members of a traditional council, taking into consideration the population of the traditional community; (b) Such number may not be more than 30 members depending on the needs of the traditional community concerned; (c) At least a third of members of a traditional council must be women; and (d) A Senior Traditional Leader shall be the chairperson of the traditional council concerned.

(3) The Premier must publish, by notice in the Gazette, the composition of any traditional council referred to in sub-section (1) reflecting the names of the members and the area of jurisdiction of such traditional council.

Disqualification

7. A person who:

(a) is under eighteen years of age; (b) is an unrehabilitated insolvent; (c) has been declared by a competent authority to be mentally incapable in terms of the Mental Health Care Act, Act No. 17 of 2002 or other related legislation; (d) has been convicted of a criminal offence without the option of a fine; (e) who has been removed from an office of trust on account of misconduct;

is disqualified from holding any office or becoming a member or remaining a member of a traditional council constituted in terms of this Act.

Vacation of seat by member of Traditional council

8. (1) Subject to the provisions of this Act and the Constitution, the seat of a member of a traditional council shall become vacant – (a) at the death of such member; (b) if such member resigns; (c) if such member ceases to hold the position of kgosi/ kgosigadi, kgosana, as the case may be;

(d) if such member is disqualified in terms of section 7 of this Act.

(2) The kgosi/ kgosigadi, Traditional Council and the Royal family (as may be necessary) shall ensure that any vacancy which may occur as referred to in sub-section (1) is appropriately filled in accordance with this Act within a period of at least three months.

Functions of Traditional Council

9. (1) The traditional council of any traditional community, shall subject to the provisions of this Act, the Constitution and/ or any other law -

(a) administer the affairs of the traditional community in accordance with customs and tradition, and perform such other functions conferred by customary law and customs, consistent with statutory law and the Constitution; (b) promote the interest, advancement and well-being of members of the traditional community; (c) subject to the provisions under this Act, administer the finances of the traditional community; (d) perform such roles and functions as may be delegated or assigned to it by or under any law; (e) assist, support and guide traditional leaders in the performance of their functions; (f) support municipalities in the identification of community needs; (g) facilitate and ensure involvement of its traditional community in the development or amendment of the integrated development plan of a municipality in whose area that community resides;

(h) participate in the development of policy and legislation at local level through public hearings and active participation in local structures; (i) participate in developmental programmes of municipalities, provincial and national spheres of government; (j) promoting indigenous knowledge systems for sustainable development and disaster management; (k) alerting any relevant municipality to any hazard or calamity that threatens the area of jurisdiction of the traditional council in question, or the well-being of people living in such area of jurisdiction, and contributing to disaster management in general; and (l) share information and cooperate with other traditional councils within the province.

(2) The functions assigned to any traditional council in terms of this section shall be performed under the supervision of the North West Provincial Government.

(3) The Premier may take such steps, not inconsistent with this Act, to ensure proper administration and good governance by traditional councils.

Administration of a traditional community

10. (1) A traditional council and kgosi/ kgosigadi shall endeavour to perform their roles and functions in the best interest of their traditional community and be responsible to the Premier for the efficient and effective performance of the functions assigned to such traditional council and kgosi/ kgosigadi in terms of this Act.

(2) The Premier may, subject to the provisions of this Act and the Constitution and with due observance of the traditions applicable in a traditional community, take such steps as may be necessary to ensure the due performance of the functions referred to in subsection (1).

(3) (a) On the recommendation of the Royal family the Premier may, if satisfied that a traditional council is unable to perform the functions assigned to it in terms of the Act in an efficient and effective manner or in a manner which is conducive to good governance and administration, appoint any person to assist the traditional council concerned to perform the functions assigned to such traditional council.

(b) An officer appointed in terms of paragraph (a) shall be competent to exercise and perform any power, authority or function conferred or imposed by law upon any such traditional council and shall be deemed to have been exercised or performed by such traditional council.

Meeting of Traditional Council

11. (1) A traditional council shall hold an ordinary council meeting at least once every month on a day fixed and appointed by the kgosi/ kgosigadi in council.

(2) A kgosi/ kgosigadi may, at the request of the Premier or his or her delegate, convene a meeting of the traditional council.

(3) At least fifty percent plus one of the total number of members of a traditional council shall form a quorum and no proceedings and no decision in the absence of such quorum shall be valid or be of any force and effect unless such quorum is present at a meeting of a traditional council: Provided that any decision taken or proceedings conducted contrary to the provisions contained in this sub-section, if binding against third parties, shall render such members of a traditional council who participated in such proceedings and supported such decision liable as against such third parties jointly and severally.

(4) The proceedings to be followed at any meeting of a traditional council and of any committee thereof, shall be in accordance with the applicable customary law and customs: Provided that the traditional council or such committee shall cause minutes of any such meetings to be recorded and be kept as permanent record thereof.

(5) The following persons may attend and address any meeting of the traditional council-

(a) the Premier; (b) a Member of the Executive Council; (c) an officer of the Provincial and central government of the Republic of South Africa; (d) any other person invited by the traditional council.

Staff of traditional councils

12. (1) A traditional council assisted from Government may, with the approval of the Head of Department, appoint such staff and employees as may be necessary to perform the duties and functions of such traditional council in terms of this Act or any other law.

(2) A person appointed in terms of sub-section (1) shall be employed on the such conditions as shall be determined by the traditional council and shall be remunerated from the funds and accounts referred to in section 30 of this Act.

(3) The Premier may on the recommendation of the Head of Department, second an officer on the establishment of the Department to any traditional council to assist such traditional council in the execution of its functions in terms of this Act and may likewise withdraw from such service such officer or employee.

Chapter 3 Traditional Leaders

Recognition of a kgosi/ kgosigadi

13. (1) Bogosi of a traditional community shall be in accordance with the customary law and customs applicable in such a traditional community.

(2) The designation of a kgosi/ kgosigadi to bogosi of a traditional community shall be made by the Royal family in accordance with its customary law and customs.

(3) The Premier may recognize a person designated as contemplated in subsection (1) as kgosi/ kgosigadi of a particular traditional community.

(4) The Premier shall issue a person recognized as kgosi/ kgosigadi with a certificate of recognition.

(5) The Premier shall issue a notice in the Gazette recognizing a kgosi/ kgosigadi and such notice shall be served on the Provincial House of Traditional Leaders for their information.

Removal of kgosi/ kgosigadi

14. (1) A kgosi or kgosigadi may be removed from office on the grounds of –

(a) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; (b) mental infirmity which, based on acceptable medical evidence, makes it impossible for that kgosi or kgosigadi to function as such; (c) wrongful appointment or recognition; or (d) a transgression of a customary rule, principle or code of conduct that warrants the removal from office.

(2) Whenever any of the grounds referred to in subsection (1) come to the attention of the Royal Family and the Royal Family decides to remove the kgosi or kgosigadi, the Royal Family must within a reasonable time inform the Premier of such decision and the reasons therefor.

(3) The Premier shall upon receipt of such decision and reasons therefor, withdraw the certificate of recognition of such a kgosi/ kgosigadi by -

(a) publishing a notice of withdrawal of recognition of such kgosi/ kgosigadi in the Gazette; (b) informing the Royal Family concerned, the kgosi/ kgosigadi concerned and the Provincial House of Traditional Leaders of such removal.

(4) The Royal Family shall after taking a decision to remove a kgosi or kgosigadi, identify a successor in accordance with the applicable customs and customary law and the provisions of this Act.

Recognition of regents

15. Where the successor to a position of kgosi/ kgosigadi or kgosana identified in terms of section 13 or section 19 is still regarded as a minor in terms of applicable customs or customary laws –

(a) the royal family concerned must, within a reasonable time –

(i) identify a regent in accordance with the applicable customs and customary law, to assume leadership on behalf of the minor; and (ii) inform the Premier of such appointment, and the reasons for such an appointment.

(b) the Premier may, with due regard to the applicable customary law and customs, recognize the regent identified by the Royal Family. (c) The Royal Family shall review the regency of an acting kgosi every three years and submit a report to the Premier.

Recognition of an acting kgosi/ kgosigadi

16. (1) The identification of an acting kgosi/ kgosigadi to bogosi of a traditional community shall be made by the Royal family in accordance with its customary law and customs.

(2) The Premier may recognize a person identified as contemplated in subsection (1) as an acting kgosi/ kgosigadi of a particular traditional community.

(3) The Premier must issue a person recognized as an acting kgosi/ kgosigadi with certificate of recognition. (4) The Premier must issue a notice in the Gazette recognizing an acting kgosi/ kgosigadi and such notice must be served on the Provincial House of Traditional Leaders for their information.

Recognition of Deputy kgosi/ kgosigadi

17. (1) A kgosi/ kgosigadi may, after consultation with the Royal Family, appoint a deputy to act in his or her stead whenever that kgosi/ kgosigadi— (a) becomes a full-time member of a municipal council; (b) is elected as a member of a provincial legislature; (c) is elected as a member of the National Assembly; (d) is appointed as a permanent delegate in the National Council of Provinces; or (e) is elected to, or appointed in, a full-time position in any house of traditional leaders.

(2) The Premier may –

(a) recognize a person designated as contemplated in subsection (1) as a deputy kgosi/ kgosigadi of a particular traditional community; (b) recognize a person designated as contemplated in subsection (3) as deputy kgosi/ kgosigadi.

Role and functions of kgosi/ kgosigadi

18. (1) A kgosi/ kgosigadi recognized in terms of section 8, shall subject to this Act and the Constitution -

(a) administer the affairs of the traditional community;

(b) maintain peace in the traditional community, by conciliating and mediating disputes between members;

(i) the death of any person within the traditional community area from violence or any other unnatural causes; (ii) the outbreak of any contagious or infectious disease or epidemic; (iii) any allegation of an act of witchcraft or divination; (iv) the commission of any offence which cannot lawfully be disposed through the exercise of the powers in cooperation with the traditional council and jurisdiction conferred upon such kgosi/ kgosigadi;

(d) take such steps, which are necessary and effective, to make known to the members of the traditional community the provisions of any new law or policy;

(e) convene and attend meetings of the traditional council to discuss the affairs of the traditional community: Provided that such meetings shall be convened at least once every calendar month;

(f) take such steps which are necessary to make known to the members of the motsana the provisions of any new law or policy;

(g) convene and attend meetings of the traditional community to discuss the affairs of the traditional community: Provided that such meetings shall be convened and attended by members of traditional community; Provided that such meetings shall be convened at least once every six months;

(h) take note of any problems, grievances or matters, if any, raised by any member of the traditional community at any meeting as referred to in paragraph (h) and shall take such steps which are necessary to attempt to resolve such grievance, problem or matter, as the case may be;

(i) generally seek to promote the interests of the traditional community and shall take such reasonable steps which may be necessary to promote the well-being and advancement of the traditional community.

(2) A kgosi/ kgosigadi shall enjoy the status, rights and privileges conferred upon such kgosi/ kgosigadi by customs and traditions applicable within the traditional community concerned;

(3) A kgosi/ kgosigadi shall be entitled, in the lawful execution of his/her functions, to loyalty, respect, support and obedience of any member of the traditional community;

Identification of kgosana

19. (1) Bogosana of a traditional community shall be in accordance with the customary law and customs applicable in such a traditional community. (2) The identification of a kgosana of a traditional community shall be made by the Royal Family in accordance with its customary law and customs.

(3) The Premier may recognise a person identified as contemplated in sub-section (1) as kgosana of a particular traditional community.

(4) The Premier shall issue a person so recognised as kgosana with a certificate of recognition.

(5) The Premier shall issue a notice in the Gazette recognise a kgosana and such notice shall be served on the Local House of Traditional Leaders for information.

Removal of kgosana

20. (1) A kgosana may be removed from office on the grounds of –

(a) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; (b) mental infirmity which, based on acceptable medical evidence, makes it impossible for that kgosana to function as such; (c) wrongful identification and recognition; or (d) a transgression of a customary rule, principle or code of conduct that warrants the removal.

(2) Whenever any of the grounds referred to in subsection (1) come to the attention of a kgosi/ kgosigadi and the Royal Family, such kgosi/ kgosigadi and the Royal Family decides to withdraw the appointment of a kgosana, a kgosi/ kgosigadi concerned must within a reasonable time inform the Premier of such decision and the reasons thereof.

(3) The Premier shall upon receipt of such decision and reasons therefor, withdraw the certificate of recognition of such a kgosana by -

(a) publishing a notice of withdrawal of recognition of such kgosana in the Gazette; (b) informing the kgosi/ kgosigadi and the Royal Family concerned, the kgosana concerned and the relevant Local House of Traditional Leaders of such removal.

(4) The kgosi/ kgosigadi and the Royal Family shall after taking a decision to remove a kgosana, appoint a successor in accordance with the applicable customary law and customs and the provisions of this Act.

Recognition of an acting kgosana

21. (1) Bogosana of a traditional community shall be in accordance with the customary law and customs applicable in such a traditional community.

(2) The identification of an acting kgosana to bogosana of a traditional community shall be made by the Royal Family in accordance with its customary law and customs.

(3) The Premier may confirm a person designated as contemplated in subsection (1) as an acting kgosana of a particular traditional community.

(4) The Premier shall issue a person recognised as an acting kgosana with certificate of recognition.

(5) The Premier shall issue a notice in the Gazette recognizing an acting kgosana and such notice shall be served on the Local House of Traditional Leaders for information.

Recognition of a Deputy kgosana

22. (1) A kgosana may, after consultation with the kgosi/ kgosigadi and the Royal Family, appoint a deputy to act in his or her stead whenever that kgosana — (a) becomes a full-time member of a municipal council; (b) is elected as a member of a provincial legislature; (c) is elected as a member of the National Assembly; (d) is appointed as a permanent delegate in the National Council of Provinces; or

(e) is elected to, or appointed in, a full-time position in any house of traditional leaders.

(2) The Premier may recognise a person identified as contemplated in subsection (1) as a deputy kgosana of a particular traditional community.

Functions of kgosana

23. A kgosana appointed in terms of section 14, shall, subject to this Act and the Constitution –

(a) perform such functions as are entrusted to a kgosana in terms of customary law and customs. (b) perform such other functions as may be prescribed; (c) obey and execute the lawful instructions of the kgosi/ kgosigadi. (d) attempt to settle any dispute between any members of the motsana and shall refer such dispute to the tribal court where such attempts to settle such dispute are unsuccessful.

Royal family

24. The Royal family must –

(a) take such lawful steps that may be necessary to protect the bogosi of the traditional community concerned; and (b) in accordance with the customary law and customs of the traditional community designate a person who is the rightful incumbent and/or successor to the bogosi of the traditional community.

Meetings of Royal family

25. (1) A Royal family must, when meeting to discuss matters emanating from this Act, function in accordance with prescripts of this Act, customs and customary law of the traditional community concerned.

(2) A Royal family must keep a minute book in which shall be recorded minutes of minutes of each meeting -

(a) the date, the time and venue of the meeting; (b) the names of the members of the Royal family members present and their respective designation; (c) the issues for consideration; and (d) the decisions of the meeting.

Chapter 4 Conditions of service

Sitting, subsistence and traveling allowances

26. (1) A member of a traditional council shall be paid such allowances as may be prescribed.

(2) A member of a traditional council who is in the full time employment of the State is not entitled to the allowances contemplated in subsection (1), but is entitled to such benefits as his or her conditions of service provide.

Code of conduct and breach of the code

27. (1) The code of conduct contained in the Schedule II applies to a kgosi/ kgosigadi or kgosana and a traditional council.

(2) Whenever there is reasonable suspicion that a traditional leader has breached any provision of the code of conduct, the Premier may charge him or her in writing with such alleged breach and may appoint a suitable person to conduct an enquiry of the alleged breach in line with the provisions of the code.

(3) A kgosi/ kgosigadi or kgosana who is suspended from his or her office for the alleged breach of a provision of the code of conduct as contemplated in Schedule II is not entitled or competent to exercise and perform any function conferred or imposed on or associated with his or her office by or in terms of any law.

Chapter 5 Financial matters

Levies

28. A traditional council may not impose any levy to be paid by any member of the traditional community or by any section of members of the traditional community.

Voluntary contributions

29. A traditional council may request members of the traditional community or any section of the members of the traditional community to make any voluntary contribution to the traditional community account: Provided that no such voluntary contribution shall be binding, unless the majority of the members of such traditional community or such section thereof, as the case may be, who attend any meeting convened for such purpose, have consented to the payment of such voluntary contribution: Provided further that the payment of any such voluntary contribution may only be made for purposes of financing any specific project or projects.

Traditional council accounts

30. (1) The Premier shall cause to be opened for each traditional council a trust account, into which shall be paid such amounts as are hereinafter specified and from which all expenditure incurred in connection with any matter specified within the duties and functions of the traditional community concerned shall be met.

(2) The Premier may on good cause shown by a traditional council and being satisfied that there are sufficient controls and financial systems, permit such a traditional council to open a trust account, into which shall be paid such amounts as are hereinafter specified and from which all expenditure incurred in connection with any matter specified within the duties and functions of the traditional community concerned shall be met.

(3) There shall be paid into an account opened as referred to in subsection (1) and (2) –

(a) all fees, charges and voluntary contributions which are payable to the traditional community; (b) all cash proceeds derived from any property or right to title of the traditional community; (c) any donation or gift made by any person, institution or organization to and for the benefit of the traditional community; (d) any other amounts derived from any sources whatsoever for the benefit of a traditional community

(4) Subject to the approval of the Premier, a traditional council referred to in subsection (1) may invest any surplus funds from a traditional community’s account with any financial institution or body corporate: Provided that the Premier may prescribe such conditions as it may deem fit in connection with such investment.

(5) A traditional council shall, in respect of each financial year submit to the Premier for his/her approval estimates of the revenue and expenditure for each traditional community account referred to in sub-section (1): Provided that such estimates shall reach the Premier not later than the last day of February of the year preceding such financial year.

(6) No expenditure shall be incurred and no payments shall be made from an account referred to in sub-section (1), except in accordance with the estimates of expenditure from such account approved in terms of subsection (5): Provided that any recurring expenditure, as determined from time to time may be paid as well as such payments which a traditional council may be obliged to make in accordance with any contract, agreement or debt lawfully entered into or incurred or in accordance with an order of any competent court.

(7) Notwithstanding the provisions contained in sub-section (6) the Premier may authorize the payment of any amount from account referred to in sub-section (1) on the submission of any revised estimates of expenditure from such account if the Premier is satisfied that such amount is due, that the payment thereof is necessary and that funds are available.

Auditing of books and accounts of traditional communities

31. (1) The books and accounts of every traditional community, recognized in terms of section 3 must be audited by the Auditor-General.

(2) The Auditor-General shall as soon as possible after an audit of the books and accounts of a traditional community, transmit a copy of his/ her report on the books and accounts of such traditional community concerned to the Premier and to such traditional community: Provided that the Auditor-General may at any time, if he/she considers it desirable, transmit a special report on any matter connected with his/her powers and duties under this Act to the Premier and to such traditional community.

(3) In the execution of any audit in terms of subsection (1) of the books and accounts of any traditional community contemplated in subsection (5), the provisions of section 188 of the Constitution Act 1996 and section 3 of the Auditor General Act, 1995 shall be applicable.

(4) A report contemplated in subsection (2) of this section shall, within the period prescribed by regulation in terms of this Act, be submitted to the traditional Council of the community concerned for consideration, and after consideration thereof such authority shall submit to the Premier its comments thereon, including its findings and decisions thereon.

Chapter 6 Governance matters

Legal proceedings against traditional Communities and Traditional Councils

32. Any legal proceedings by or against a traditional community or traditional council may be instituted by or against the kgosi or kgosigadi of that traditional community or traditional council in his/ her official capacity: Provided —

(a) that a traditional community or traditional council shall not be responsible for the personal obligations of a kgosi or kgosigadi or kgosana; (b) that in respect of the land occupied by the traditional community or traditional council, be bound in any way whatsoever by any contract entered into or liability incurred by any kgosi or kgosigadi or kgosana unless it has been approved after having been adopted at a meeting in accordance with the rules governing land of the traditional community concerned.

Partnership with municipalities

33. (1) There shall be partnership arrangements between all levels of municipalities and traditional communities to ensure service delivery at a local level.

(2) Any partnership between a municipality and a traditional council must—

(a) be based on the principles of mutual respect and recognition of the status and roles of the respective parties; and (b) be guided by and based on the principles of co-operative governance.

(3) A traditional council may enter into a service delivery agreement with a municipality in accordance with the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), and any other applicable legislation.

(4) A traditional council and municipality involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute.

Support to traditional councils and performance monitoring

34. (1) The Provincial Government and municipality must adopt legislative and other measures as may be necessary to support and strengthen the capacity of traditional councils to enable them to fulfill their functions.

(2) The Provincial Government must finance traditional councils to enable them to perform their functions from monies appropriated by the Provincial Legislature.

(3) The Provincial Government must monitor the work of traditional councils using such mechanisms as may be prescribed.

Capacity building

35. (1) The Head of Department must assess the needs of a traditional council and its members, formulate a skills needs data base.

(2) Provide a training programme, aimed at improving the skills of members to perform their function and meet the required service delivery standards.

Development programmes

36. All organs of the Provincial Government must, in the execution of their functions, promote the involvement of traditional leadership in provincial and local development programmes.

Chapter 7 General matters

Implementation of decisions of national commission

37. (1) The Premier must, within 30 days of receipt of the decision of the Commission contemplated in section 26 of the Framework Act, inform the party or parties affected, the Local House of Traditional Leaders concerned and Provincial House of Traditional Leaders of the decision.

(2) The Premier must implement the decision of the Commission as directed by the Commission, and if no such direction is provided the Premier must implement the decision within 30 days of receipt of such decision.

Commissions of inquiry into disputes and other matters relevant to bogosi or bogosana of traditional communities, and powers of Premier following commission’s report.

38. (1) The Premier may appoint a commission to inquire into and submit a report to him/ her in regard to—

(a) any dispute in connection with the recognition of a kgosi or kgosigadi or the appointment of a kgosana; or (b) the question as to whether any person recognised as kgosi or kgosigadi or confirmed as kgosana — (i) is subject to a permanent infirmity of mind or body which renders him/ her incapable of discharging the duties of his/her office or discharging them properly; or (ii) generally acts or has acted or conducts himself/ herself in a manner detrimental to good and effective government and/or administration of the traditional community in question, or fails or has failed to act or to conduct himself/ herself in a manner conducive to good and effective government of such traditional community, or is otherwise unfit for the duties of his/her office; or (iii) is the rightful incumbent of the office of kgosi or kgosigadi or kgosana (as the case may be); (iv) is guilty of fraud or gross irregularity in connection with the administration of the affairs of the traditional community or is otherwise guilty of maladministration of such affairs.

(2) (a) At any inquiry by a commission referred to in subsection (1), representations may be made and evidence may be presented to the commission by or on behalf of the kgosi or kgosigadi or kgosana in relation to whom the inquiry is held, and by on behalf of any member of the traditional community in question and, where applicable, by or on behalf of the person claiming to be entitled to bogosi or bogosana (as the case may be).

(b) A failure or refusal on the part of any person referred to in paragraph (a) to attend an inquiry held by the commission or to make any representations or present any evidence in the course of the proceedings before the commission, shall not in any way invalidate the proceedings before or the findings of the commission.

(3) The commission shall, as soon as may be reasonably practicable after the conclusion of its inquiry, submit to the Premier its report, containing its findings and recommendations.

(4) The Premier may, after having considered the report, findings and recommendations of the commission—

(a) settle or decide the matter in dispute in such manner as he/she deems fair and equitable and for that purpose issue such directions as he/she deems fit; (b) in the circumstances contemplated by paragraph (a) of subsection (1)— (i) in the case of a kgosi or kgosigadi, revoke his recognition as such;

(ii) in the case of a kgosana withdraw confirmation as such; (c) in the circumstances contemplated by paragraph (b) of that subsection, depose the kgosi or kgosigadi or kgosana concerned (as the case may be), and, for the purposes of paragraph (b) or (c) of this subsection, recognise or confirm, as the kgosi or kgosigadi or kgosana respectively, any other member of the particular traditional community qualified for that purpose.

Offences and penalties

39. Kgosi/ kgosigadi, or kgosana, who –

(a) Willfully and unlawfully, directly or indirectly extracts, accepts, agrees to accept or attempts to obtain for himself or for any other person, any gift, reward or any other consideration whatsoever, other than the allowances to which such kgosi/ kgosigadi, or kgosana, is entitled to receive in terms of this Act or in terms of any regulations published in terms of this Act, for or on account of the services or functions performed or the doing or refraining from doing or having done or refrained from doing anything in the capacity as kgosi/ kgosigadi, or kgosana, shall be guilty of an offence and shall be liable, on conviction to pay a fine not exceeding five thousand rand or to imprisonment not exceeding two years.

(b) Wilfully and unlawfully fails or refuses to comply with any procedural provisions in this Act or the regulations, shall be guilty of an offence and shall on conviction be liable to pay a fine and/ or to undergo imprisonment not exceeding six months.

(c) Without the consent of the traditional council concerned, allows, induces or authorizes any person to take up residence or in any way to occupy land registered in the name of or in trust for any traditional community or any land referred to in Schedule 1, shall be guilty of an offence and shall, on conviction be liable to pay a fine and/or to undergo imprisonment not exceeding two years.

(d) Without of the consent of the traditional council concerned, takes up residence or in any way occupies land registered in the name of or in trust for any traditional community or any land referred to in Schedule 1, shall be guilty of an offence and shall, or conviction be liable to pay a fine and/ or to undergo imprisonment not exceeding two years.

Delegation

40. The Premier may delegate any of his or her powers or functions in terms of this Act in accordance with the provision of the North West Delegation of Powers Act, 1994

Regulations

41. (1) The Premier may make regulations –

(a) providing for the form of application for recognition as a traditional community. (b) providing for the administration, control, accounting, auditing of accounts of traditional councils, the procedure to be followed in the connection therewith.

(c) providing for the appointment, dismissal, termination and conditions of service of an officer or employee of a traditional community. (d) providing for the formular and number of traditional council members. (e) functions of traditional leaders. (f) provide for time periods within which audit reports must be submitted to traditional councils. and (g) provide for mechanisms for monitoring performance of traditional councils.

(2) Make any other regulation whether or not relating to any matter specifically referred to in this section which he/she may deem essential to ensure the effective operation of any traditional council and the administration of this Act.

(3) Regulations made in terms of this section in respect of one traditional community may be different from regulations made in respect of any other traditional community or which may differ from area to area under any traditional community.

(4) Regulations may provide penalties for contravention thereof.

(5) Notwithstanding the provisions of section 42, the regulations in force at the coming into operation of this Act, shall remain in force as far as they can be applied until such regulations have been withdrawn, repealed or amended as contemplated in section 42(1).

Repeal of Laws and savings

42. (1) The laws specified in Schedule I of this Act, in so far as they have been assigned to and apply to the Province and any proclamation or Government Notice issued in terms of such laws, are repealed to the extent specified in the third column thereof.

(2) Anything done under a provision of a law repealed by subsection (1) and which is capable of being done under a provision of this Act must be deemed to have been done under that provision of this Act.

Transitional arrangements

43. (1) All tribal authorities established in terms of Act No. 23 of 1978 shall continue until such time that it is substituted by the newly reconstituted traditional councils contemplated in section 5.

(2) (a) Any notice defining an area of residence of a recognized traditional community which was issued under a law repealed in terms of section 36 shall be deemed to have been issued in terms of this Act; and

(b) the Premier may redefine an area contemplated in paragraph (a).

(3) (a) The Premier must, by notice in the Provincial Gazette, within one year of the commencement of this Act disestablish Regional Authorities, Community Authorities, and tribal authorities that have been established in terms of applicable legislation before the commencement of this Act.

(b) A notice disestablishing Regional Authorities, Community Authorities, and tribal authorities must regulate the legal, practical and other consequences of the disestablishment, including —

(i) the transfer of assets, liabilities and administrative and other records to an appropriate provincial department, or a municipality or local house of traditional leaders, or a traditional community and traditional council as circumstances may require;

(ii) the vacation of office of any office bearer of such a regional authority or community authority; and

(iii) the transfer of staff of such a regional authority or community authority.

(4) Anything done in pursuance of the powers and functions conferred upon or assigned to any competent authority by or by virtue of any provision of any law repealed in terms of this Act, shall be deemed to have been done by the appropriate authority in pursuance of the powers and functions conferred upon or assigned to such authority by virtue or in terms of the corresponding provisions in this Act.

(5) A tribal authority authorized to maintain a separate trust account from the trust account established in terms of Act No. 23 of 1978 shall continue to operate such an account on such terms and conditions as were attached to their authorization to maintain the account.

Short title and commencement

44. (1) This Act shall be called the North West Traditional Leadership and Governance Act, 2004, and shall come into operation on a date fixed the Premier by notice in the Gazette.

(2) Different dates for commencement of different sections of this Act may be proclaimed.

SCHEDULE 1

Act Number and Short title Extent of Repeal year 23 of 1978 Bophuthatswana Traditional The whole to the extent Authorities Act assigned to the province 38 of 1927 Black Administration Act The whole to the extent assigned to the province 7 of 1976 Pounds Act The whole to the extent assigned to the province 4 of 1976 Registration and Control of The whole to the extent Dogs Act assigned to the province 7 of 1977 Registration of Customary The whole to the extent Unions Act assigned to the province 23 of 1979 Bophuthatswana Wheel Tax Act The whole to the extent assigned to the province 68 of 1951 Black Authorities Act The whole to the extent assigned to the province Proclamation No. Regulation Prescribing the The whole to the extent 110 of 1957 Duties, Powers, Privileges and assigned to the province Conditions of Service of Chiefs and Headmen Proclamation No. Regulations for the Control of The whole to the extent 129 of 1967 Residents on and the assigned to the province Occupation of Privately Owned or Tribally Owned Land in Black Areas Proclamation No. Betterment areas Proclamation The whole to the extent 196 of 1967 assigned to the province

Schedule II CODE OF CONDUCT

1. A traditional leader—

(a) must perform the functions allocated to him or her in good faith, diligently, honestly and in a transparent manner; (b) must fulfil his or her role in an efficient manner; (c) may not conduct himself or herself in an improper or unbecoming manner; (d) must comply with any applicable legislation; (e) must act in the best interest of the traditional community or communities he or she serves; ( f ) must promote unity amongst traditional communities; (g) may not embark on actions that would create division within or amongst traditional communities; (h) must promote nation building; (i) may not refuse to provide any service to a person based on political or ideological grounds; (j) must promote the ideals of co-operative governance, integrated development planning, sustainable development and service delivery; (k) must foster good relations with the organs of state with whom he or she interacts; (l) must promote the principles of a democratic and open society; and (m) must disclose gifts received.

2. A traditional council must—

(a) perform the functions allocated to it in good faith, diligently, honestly and in a transparent manner; (b) execute its duties in an efficient manner; (c) comply with any applicable legislation; (d) act in the best interest of the traditional community it serves; (e) give effect to the principles governing public administration set out in section 195 of the Constitution; (f) must promote the ideals of co-operative governance, integrated development planning, sustainable development and service delivery; and (g) foster good relations with the organs of state with whom it interacts.

GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

______Words underlined with a solid line indicate insertions in existing enactments. ======

NORTH WEST GAMBLING AMENDMENT ACT No. 5 of 2005

[DATE OF ASSENTMENT ______] [DATE OF COMMENCEMENT ______] (English text signed by the Premier)

ACT

To amend the North West Gambling Act, 2001 (Act No. 2 0f 2001); to provide for certain powers of the Board; to prohibit the possession of gambling machines without a license; to provide for payment of levies, taxes and license fees; to provide for application for consent for acquisition of financial interest in licensees; to provide for imposition of certain conditions relating to black economic empowerment by licensees; and to provide for matters incidental thereto.

BE IT ENCATED BY the Provincial Legislature of the Province of the North West as follows:

Amendment of section 1 of Act No. 2 of 2001.

1. Section 1 of the North West Gambling Act, 2001 (Act No 2 of 2001) (hereinafter referred to as the Principal Act) is hereby amended by substitution of the following words for the definition of the word “casino”:

“casino” means premises where [casino] gambling games are played or available to be played for money or other valuable consideration gambled on the possibility of winning a prize;

Amendment of section 4 of Act No. 2 of 2001

2. Section 4 of the principal Act is hereby amended by insertion of the following subparagraphs after subparagraph 1(c)(xxxi):

(xxxii) to enter into agreements with third parties including other provincial gambling boards;

(xxxiii)obtain the assistance of any department or organ of State, including the South African Police Service, to conduct or assist it in conducting its investigations;

Amendment of section 5 of Act No. 2 of 2001

3. The Principal Act is hereby amended by insertion of the following section after section 5:

5A. Exemption from liability

A member of staff of the Board may not be liable in his or her personal capacity for anything done by him or her in good faith in the course of exercising the functions or exercising the powers of the Board in terms of this Act.

Amendment of section 16 of Act No. 2 of 2001

4. The Principal Act is hereby amended by insertion of the following section after section 16:

16A. Committees of the Board

(1) The Board may from time to time and on such terms as it may determine appoint committees to exercise the powers and perform the functions delegated to such committees by the Board.

(2) A committee shall consist of-

(a) such members of the Board as the Board may designate, or (b) such members of the Board as the Board may designate and such other persons as the Board may co-opt;

provided that no committee shall have less than two members.

(3) The Board shall designate the chairperson of a committee.

(4) A committee shall exercise its powers and perform its functions subject to the provisions of this Act and such directives of the Board as are not in conflict with the Act.

Amendment of section 18 of Act No. 2 of 2001

5. Section 18 of the principal Act is hereby amended by substitution for subsection (1) of the following subsection:

(1) The Board may, subject to subsection (2), delegate any power or function which it may exercise or perform in terms of this Act to any of its members, committees or employees, whereupon such power or function may be exercised or performed by the delegate on behalf of the Board.

Amendment of section 27 of Act No. 2 of 2001

6. The principal Act is hereby amended by insertion of the following section after section 27:

27A Financial and controlling interests

(1) Any person who, directly or indirectly procures a controlling interest or a financial interest of five percent or more, or any lesser percentage as may be prescribed, in the business to which a license or a registration in terms of section 60 relates shall, within the prescribed period and in the manner prescribed or determined by the Board, apply for the consent of the Board to hold such interest.

(2) The Board shall not grant consent under subsection (1) where-

(a) in the case of a license the person who is the subject of the application is disqualified in terms of section 26;

(b) additionally, in the case of a casino license, that person who is the subject of the application is disqualified in terms of section 26; and

(c) in the case of a registration under section 60, the person who is the subject of the application is disqualified in terms of section 26 and 27 as applied with the changes required by the context.

(3) Where consent is not granted, the person concerned shall, within the period and in the manner prescribed or determined by the board, dispose of the interest in question.

(4) The provisions of sections 29 to 38 shall, unless the Board determines otherwise apply to a person who wishes to procure an interest as contemplated in subsection (1);

(5) A person may not procure an interest contemplated in subsection (1) as a nominee or agent of, or otherwise on behalf of, any principal or beneficiary if that person has not informed the holder of the license concerned and the Board in writing of the identity of such principal or beneficiary.

(6) If the holder of an interest of a kind contemplated in subsection (1) at any time becomes disqualified from holding such interest in terms of section 27 the Board may, after giving such person an opportunity to be heard suspend such person’s ownership right or order such person to dispose of such interest within the period prescribed or determined by the Board and order that such person may not dispose of such interest for more than he or she paid for it or such greater amount as the board may approve.

(7) From the date the Board issues an order contemplated in subsection (3) or (6) on the applicant, license holder or person concerned, he or she shall not exercise, whether directly or through any trustee or nominee, any voting right conferred by the ownership of his or her interest in the licensee until such suspension is terminated or such interest disposed of, as the case may be.

(8) A contravention of subsection (1),(3),(5) or (7) or an order made by the Board in terms of subsection (6) shall constitute an offence.

Amendment of section 42 of Act No.2 of 2001

7. Section 42 of the principal Act is hereby amended by the insertion of the following paragraph after paragraph (i):

(j) relating to black economic empowerment within a company, close corporation or any other entity which has made an application to the Board for a license or registration or which holds a license or is registered in terms of this Act.

Amendment of section 42 of Act No.2 of 2001

8. Section 42 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

(3) Where the Board intends to impose, suspend, withdraw or amend any condition as contemplated in this section, the Board shall serve a written notice on the licensee stating-

(a) that the Board intends to impose, suspend, withdraw or amend such condition, as the case may be;

(b) that the licensee may, within 30 days after the date of the written notice, make written representations or notify the Board in writing of the licensee’s intention to make oral representations to the Board on the matter;

Amendment of section 42 of Act No.2 of 2001

9. Section 42 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

(4) If, within the period mentioned in subsection (3)(b), the Board receives neither written representations nor written notification of the applicant’s intention to make oral representations, the Board may impose, suspend, withdraw or amend the condition with immediate effect.

Amendment of section 44 of Act No. 2 of 2001

10. Section 44 of the principal Act is hereby amended by insertion of the following subsection after subsection (4):

(5) When the application has been granted the chief executive officer shall cause the name of the holder of the license to be changed on the license.

Amendment of section 45 of Act No. 2 of 2001

11. The principal Act is hereby amended by insertion of the following section after section 45:

45A. Amendment of license

(1) The holder of a license may at any time make application for the amendment of the license.

(2) The provisions of sections 29 to 38 shall, unless the Board determines otherwise, apply, with the changes required by the context, in relation to an application contemplated in subsection (1).

(3) Where the application has been granted the chief executive officer shall cause an amended license to be issued to the license holder.

Amendment of section 46 of Act No. 2 of 2001

12. Section 46 of the principal Act is hereby amended by the substitution for paragraphs (e) and (f) of the following paragraphs:

(e) the holder of a license fails to pay any levy, tax or license fee payable in terms of this Act in the manner and within the time required by the relevant provisions of this Act;

(f) the holder of a license has, without the prior written consent of the board, failed to carry on business under the license for a period of at least 3 consecutive months;

Amendment of section 46 of Act No. 2 of 2001

13. Section 46 of the principal Act is hereby amended by the insertion of the following subsections after subsection (2):

(3) Where the Board intends to revoke a license, it shall serve written notice on the licensee stating -

(a) that the board intends to revoke the license;

(b) grounds for the intended revocation;

(c) that the licensee may, within 30 days after the date of the written notice, make written representations to the board or notify the board in writing that the licensee intends to make oral representations to the board about the matter;

(d) the effect of subsection (4).

(4) If, within the period mentioned in subsection (3)(c), the board receives no written representations nor written notification of intention by the licensee to make oral representations, the revocation shall take effect at the end of that period.

Amendment of section 61 of Act No.2 of 2001

14. Section 61 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (3):

(3A) An application for registration shall not be granted if the applicant is subject to any disqualification contemplated in sections 26 and 27;

Amendment of section 61 of Act No.2 of 2001

15. Section 61 of the Principal Act is hereby amended by the substitution for subsections (4) to (9) of the following subsections:

(4) The provisions of sections 29 to 38 shall unless the Board otherwise determines, apply with the changes required by the context, to an application for registration in terms of this section.

(5) Where the Board grants an application for registration, the Board shall issue to the applicant a certificate of registration for the respective purpose in the prescribed form.

(6) A person who has been registered for a specific period may apply for the extension of such period and if the Board grants such extension, the Board shall amend the certificate of registration.

(7) The Board shall keep and maintain a register of the names and prescribed particulars of persons to whom a certificate of registration has been issued in terms of this section.

(8) In determining whether or not a person is a key employee, the Board shall not be restricted by the job title or designation of such person, but may consider the functions and responsibilities of such person in making its decision.

(9) A licensee shall, within a specified period of termination of the employment of a key employee, notify the Board in writing of such termination and reasons thereof.

Amendment of section 62 of Act No.2 of 2001

14. Section 62 of the Principal Act is hereby amended by the substitution for subsections (5) and (6) of the following subsection:

(5) An application for registration shall not be granted if the applicant is subject to any disqualification contemplated in section 26;

(6) The provisions of section 61 except for subsection (1) and (2) shall apply, with the changes required by the context, to an application for registration in terms of this section.

Amendment of section 62 of Act No.2 of 2001

15. The Principal Act is hereby amended by the insertion of the following sections after section 62:

62A. Place of gambling and settling of gambling debts

(1) A person shall not gamble or make or place a bet at any place other than on appropriately licensed premises: Provided that gambling by means of the place of a voice or data telephone bet on a lawful sporting event where the holder of a license accepts and records the bet at the licensed premises shall be deemed to have occurred at the licensed premises.

(2) A gambling debt may only be settled at-

(a) licensed premises;

(b) a place and in a manner authorized by the board on application by the holder of the license concerned;

(c) a place where a debt is ordinarily paid in such circumstances when the debt is paid pursuant to a court order or the terms of settlement of legal proceedings instituted for its recovery;

(d) in the case of a debt owed by a holder of a totalisator license or bookmaker license or a member of the public to the holder of a totalisator license or bookmaker license-

(i) at a place contemplated in paragraph (a),(b)or(c); or (ii) by crossed cheque marked not transferable sent by post to the holder of the totalisator or bookmaker license concerned; or (iii) by way of electronic funds transfer.

(e) in the case of a debt owed by the holder of a totalisator license or a bookmaker license to a member of the public-

(i) in a manner contemplated in paragraph (a),(b) or (c);or (ii) by crossed cheque marked not transferable sent by post to the physical address of the winning person concerned.

(3) A license holder contemplated in this section shall not knowingly accept a bet from-

(a) a person under the age of 18 years;

(b) any person whose name is included in the list of excluded persons as contemplated by the Regulations, which has been delivered to such license holder in the manner prescribed; or

(c) any person by way of voice or data telephone transmission if the placing of such bet by such person will constitute a crime by such person in the jurisdiction from which the bet is so placed.

(4) A person physically present in the Province shall not participate in a gambling game by way of telephone, telefax, interactive television, electronic mail or internet transmission or any such communications medium.

(5) A person shall not, in relation to any person whom he or she knows to be physically present in the Province or should reasonably suspect is so present, invite such person to participate in a gambling game or enter into a gambling game with such person if the gambling game concerned is conducted wholly or partially by way of telephone, telefax, interactive, television, electronic mail or internet transmission or any such communications medium.

62B. Transfer of ownership or possession of gambling machines, gambling devices and amusement machines

(1) A person who proposes to transfer registered ownership of a gambling machine, gambling device or amusement machine to another person must apply in the prescribed manner and form to the Board to transfer registered ownership of that machine or device.

(2) Subject to subsection (3), a person who proposes to lease, or transfer possession of a gambling machine, gambling device or amusement machine to another person, while retaining legal title to that machine or device, must apply in the prescribed manner and form to the Board for approval to lease or transfer possession of that machine or device.

(3) A registered owner of a gambling machine, gambling device or amusement machine who repossesses that machine or device from a lessee or other person to whom possession had been transferred in terms of subsection (2) is not required to apply for approval in terms of this section, but must notify the board that the machine or device has been repossessed.

Amendment of section 66 of Act 2 of 2001

16. The Principal Act is hereby amended by insertion of the following sections after section 66:

66A. Prohibition in respect of gambling

(1) A person shall not –

(a) conduct or permit the playing of any gambling game or conduct or permit any gambling in or on any premises under his or her control or in his or her charge; or

(b) be directly or indirectly involved in the operation of any gambling business;

without an appropriate license, and this will include transportation of gambling machines or devices or the handling of such without written approval from the Board;

(2) The provisions of subsection (1) shall not be applicable to a member or an authorized officer of the Board or a police officer, acting in the performance of his or her duties under this Act or any person specifically authorized thereto by the chief executive officer to play any gambling game or take part in any betting in or on, or visit, with the object of playing any gambling game or taking part in any betting on any premises which are not appropriately licensed under this Act.

66B. Liability for activities in relation to gambling games and betting

A person shall not be exempt from liability under any provision of this Act in respect of any act or thing done by him or her, or authorized or permitted by him or her to be done in the Province in connection with any gambling game or betting merely by reason of the fact that the management or conducting thereof is in whole or part carried on at some place outside the Province.

66C. Possession, supply or lease of gambling machines, gambling devices and amusement machines

(1) A holder of a licence shall not-

(a) possess more gambling machines, tables gambling devices or amusement machines than the board has, on application approved to be in the possession of such person;

(b) supply or lease gambling machines, gambling devices or amusement machines to or repair or modify a gambling machine for any person within the Province who does not hold an appropriate licence or is not registered in terms of section 60, provided that the provisions of this subsection shall not apply to gambling machines, gambling devices or amusement machines being exported to a place outside the Province or which shall be removed from the Province immediately after such repairs or modification;

(c) supply a gambling device other than a gambling machine or playing cards or dice to or repair or modify such gambling device for any person other than a licence holder, a person registered in terms of section 61(1) or a person authorized by the board to conduct social gambling;

(d) allow or permit any person to use any gambling machine, gambling device or amusement machine in his or her possession while such gambling device or amusement machine is not on appropriately licensed premises;

(2) A person wishing to transport any gambling machines, gambling devices or amusement machines in the province or through the province to another province or foreign country shall apply to the Board for permission to transport such machines or devices.

Amendment of section 82 of Act No. 2 of 2001

16. The principal Act is hereby amended by the substitution for section 82 of the following section.

82. Offences and penalties

(1) A person who-

(i) contravenes or fails to comply with any provision of this Act or any regulation made under section 84;

(ii) makes any false statement in any application or return under this Act;

(iii) contravenes any condition of a license;

(iv) on any licensed premises conducts gambling [activity] activities or keeps any gambling device which is not [prescribed] provided for under this Act or conducts any [prescribed] gambling game otherwise than in accordance with the rules of such game as provided for in this Act;

(v) hinders or obstructs any police officer or inspector in the performance of his or her functions under this Act;

(vi) gives an explanation or information to a police official or inspector which is false or misleading, knowing it to be false or misleading;

(vii) falsely represents himself to be an inspector;

(viii) without the consent in writing of the inspector or police official concerned, removes from the place, or tampers with, destroys or makes alterations to, anything seized by such inspector or police official in the performance of his or her duties under this Act;

(ix) without sufficient cause fails to attend a hearing or enquiry to which he or she has been summoned by the board in terms of section 37 or fails to remain in attendance at such hearing or enquiry until it is concluded or until he or she is excused by the Board from further attendance;

(x) having been summoned under section 37-

(a) without sufficient cause refuses to take the oath or to make an affirmation as a witness after he or she has been directed by the member of the Board or authorized person presiding at the enquiry to do so, or refuses to testify, or refuse or fails to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her,

(b) after having taken the oath or having made an affirmation, gives false evidence before the Board, knowing such evidence to be false, or

(c) without sufficient cause fails or refuses to produce any book, document or thing in his or her possession or custody or under his or her control, which he or she has been summoned to produce,

(xi) is in possession of any gambling machine, or gambling device, other than playing cards or dice, which is used without an appropriate license or registration or not in accordance with the provisions of this Act;

(xii) is in possession of-

(a) a reel tape designed for use is a gambling machine; (b) any device which would be a gambling machine but for the removal of any of its parts or the reprogramming thereof; (c) any device which is capable of electronically representing the reels used in a gambling machine; (d) any device which was manufactured as a gambling machine and which has been converted at any time so that it is unable to pay out cash or tokens, whether such device enables a player to win a prize or not; (e) any computer software which enables a player to download any credits won on a gambling game to another computer or to an external data storage device; or (f) any computer hardware which is primarily designed or constructed for use to play a gambling game on a computer, without an appropriate license or without being registered in terms of section 60 (1);

(xiii) is in possession of any gambling machine, table or device contemplated in section 66(1) and this section and is not –

(a) the holder of an appropriate license; (b) registered in terms of section 60(1); (c) authorized by the board to use such device for social gambling; or (d) authorized by the board to transport such machine, table or device in or through the Province as contemplated in section 66C(2);

(xiv) uses a gambling device or amusement machine otherwise than in accordance with the provisions of the Act;

(xv) exposes a gambling machine for play by members of the public without being the holder of an appropriate license;

(xvi) is the holder of a route operator license or site operator license and exposes for play or allows to be exposed for play-

(a) a limited payout machine which does not comply with the provisions of this Act; or (b) more limited payout machines than such license holder is licensed for;

(xvii) uses a computer to play a gambling game; or exposes such computer for the playing of gambling games by members of the public or any section thereof either by way of internet or intranet transmission or any other method, contrary to the provisions of this Act;

(xviii) possesses an amusement machine without a license or the permission contemplated in section 66C(2);

(xix) transports any gambling machine, table, amusement machine or gambling device contemplated in section 66(1) within or through the Province without-

(a) the prior written permission of the Board;

(b) an appropriate license; or

(xx) by way of a scheme or arrangement, directly or indirectly converts into cash, tokens, credit, debits, cheques or other value instruments any-

(a) object or ticket contemplated in the definition of “amusement game” in section 1 which was received by any person as a prize won on such amusement game; or

(b) non-cash object, voucher or ticket received by a person in return for attending any premises on which any electronic, mechanical or electro-mechanical device, whether a gambling device, an amusement machine or otherwise, is exposed for play by members of the public or any section thereof or in return for playing such device:

Provided that the provisions of this paragraph shall not apply to any family member of any person who received such prize, object or ticket or to any person related to such person within the third degree of relationship by birth, where the prize or object is not a ticket contemplated in subparagraph (a) and (b) and is not exchanged for more than its retail value;

(xxi) expose for play by members of the public or any section thereof an amusement machine which is not licensed;

(xxii) directly or indirectly provides credit to any person for the playing of an amusement game;

(xxiii) without an appropriate license, utilizes one or more gambling machines to distribute prizes (other than an opportunity to play a single further game), to persons who have paid a subscription to play such machines;

(xxiv) possesses or exposes for play by members of the public or any section thereof, an amusement machine capable of playing games such as roulette, bingo, twenty-one, blackjack, chermin de fer, baccarat, poker, Chinese roulette, keno and other games of similar type usually played on gambling machines or derived from such games;

(xxv) exposes for play by members of the public or any section thereof a computer and uses such computer as an amusement machine to play amusement games of the kind contemplated in paragraph (xxiv);

(xxvi) distributes or makes available computer software in the province which is intended to be used by persons in the province to link to gambling businesses located outside the province which offer gambling games on the internet;

(xxvii) manages, supervises or assists or serve as a banker, dealer, croupier or in any like capacity at the playing of any gambling

game or the operation of amusement machines or conducting of any betting on any premises other than licensed premises, or acts as porter, doorkeeper or servant or performs any other function or duty or holds any other office on any such unlicensed premises:

is guilty of an offence and on conviction (unless otherwise expressly provided elsewhere in this Act) be liable to a fine [not exceeding ten million rand R10 000 000] or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment.

(2). A person who contravenes or fails to observe a rule made in terms of section 85 shall be guilty of an offence and liable on conviction to a fine [not exceeding five hundred thousand rand (R500 000)] or imprisonment for a period not exceeding 6 months.

(3) The provisions of paragraphs (xi),(xii),(xiii),(xiv) and (xix) of subsection (1) shall not apply to-

(a) the Board, officials of the Board, the South African Police Services or any person possessing such device or machine at the instance of the board or the South African Police Services;

(b) a bona fide museum which the Board has on application authorized to possess such device or machine: Provided that-

(i) the device or machine shall be kept in such a manner that it is not available to be played or operated by any person; and

(ii) such device or machine is disabled to the satisfaction of the Board;

(c) any temporary display or exhibition of gambling devices or amusement machines which has on application been approved by the Board: Provided that-

(i) such devices or machines shall not be used for gambling while being so displayed or exhibited; (ii) no player of such device or machine shall receive or be entitled to receive a prize other than the one or more opportunities to play a further game; and (iii) any conditions imposed by the Board shall be complied with;

(d) a gambling school licensed or approved by the Board or the National Gambling Board contemplated in the National Gambling Act of 2004, which uses machine or device only for training purposes: Provided that-

(i) such device or machine shall not be available to be played or operated by, or be accessible to, any member of the public other than genuine students or lectures of that gambling school; (ii) such device shall not be used for gambling; (iii) no player of such device or machine shall receive or be entitled to receive a prize; and (iv) any conditions imposed by the board shall be complied with;

(e) any other person whom the Board on application or request allows to possess such device or machine on a temporary basis including the possession of machines in transit as contemplated in section 66C(2): Provided that-

(i) such device or machine shall not be available to be played or operated by, or be accessible to, any other member of the general public and shall not be used for gambling;

(ii) no player of such device or machine shall receive or be entitled to receive a prize;

(iii) the device or machine shall be used only for the purpose approved by the Board; and

(iv) any conditions imposed by the Board shall be complied with;

Provided that persons contemplated in paragraphs (b),(c),(d) and (e) shall inform the Board in writing beforehand of all movements of gambling devices and amusement machines contemplated in this subsection and shall comply with any rules made by the Board with regard to such persons.

(4) Whenever any person is convicted of an offence in terms of this Act or pays an admission of guilt fine in respect thereof in terms of section 57 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), all costs incurred by the Board or the South African Police Service, including costs of the transport or storage of any gambling machine, gambling device, equipment or other thing which was used in the commission of the offence or which was found in the possession of the convicted person, and any testing thereof by the South African Bureau of Standards shall be paid by such person in addition to any fine or penalty imposed or paid by such person,

Amendment of section 82 of Act No.2 of 2001

Section 82 of the principal Act is hereby amended by the insertion of the following section after section 82:

82A. Magistrate’s jurisdiction

Notwithstanding any law to the contrary, a magistrate shall have jurisdiction to hear any matter in relation to contravention of this Act, and shall deal with the matter as he/she deems appropriate, including referring it to the relevant court for sentencing.

Amendment of section 87 of the Act No.2 of 2001

17. Section 87 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:

(1) (a) A holder of a license shall be liable to, at such intervals as may be prescribed, pay a gaming levy which shall be calculated on such basis and at such rate as may be prescribed and be payable in the manner and before the date as prescribed: Provided that different rates may be so prescribed in respect of different types of licenses.

(b) A person who has made a winning bet with a bookmaker shall pay the prescribed tax on the amount and in the manner as prescribed;

(c) A payment of the gambling levy referred to in subsection (1) shall be accompanied by a return in the form determined by the board.

(d) Notwithstanding anything to the contrary contained in any other law, there shall be no period of grace for the payment of the gambling levy referred to in subsection (1)(a), and if such levy is not paid on or before the date referred to in subsection (1)(a), the license may be suspended by the board in terms of section 46 until the levy and the penalty payable in terms of subparagraph (e) have been paid.

(e) Any license holder who fails to pay the gambling levy on or before the prescribed date referred to in subsection (1)(a) shall in addition to such levy, pay for each day or part of a day during which such license holder is liable for the payment of the levy, a penalty and interest contemplated in section 88(1).

(f) All gambling levies, taxes and license fees payable in terms of the provisions of this section and all fines and penalties imposed in respect of offences under the Act, shall be paid to the Board for the benefit of the Provincial Revenue Fund and the Board shall pay such amounts into the Provincial Revenue Fund on or before the 15th of each month and furnish such returns and information as the Provincial Treasury may require.

(g) The penalty provided for in subparagraph (e) may be waived by the chief executive officer as contemplated in the Regulations.

18. Short title and commencement

This Act is called the North West Gambling Amendment Act, No. 5 of 2005 and shall come into operation on a date to be proclaimed by the Premier of the North West Province in the Provincial Government Gazette.

NORTH WEST HOUSING DEVELOPMENT AMENDMENT ACT, ACT NO. 1 OF 2003

[ASSENTED TO ...... ] [DATE OF COMMENCEMENT...... ] (English text signed by the Premier)

ACT

To provide for the amendment of the North West Housing Development Act, 1998; to disestablish the North West Housing Development Board; to establish the North West Housing Development Advisory Panel; and to provide for matters incidental thereto.

BE IT ENACTED by the Premier and the Legislature of the Province of the North West, as follows: -

Amendment of Section 1 of Act 11 of 1998

1 (1) Section 1 of the North West Housing Development Act, 1998 (Act No. 11 of 1998), hereinafter referred to as the Principal Act, is hereby amended –

(a) by the insertion before the definition of “ Constitution” of the following definition: “Code” means the National Housing Code contemplated in section 4 of the Housing Act; (b) by the deletion of the definition of “Board”; (c) by the deletion of the definition of “former Board”; (d) by the insertion after the definition of “national housing programme” of the following definitions: “Panel” means the North West Housing Development Advisory Panel established by and under section 5A; “Procurement” means the process by which organs of state procure goods, services and works from, dispose of movable property, or hire or let anything, or grant rights to the private sector.

(2) The following long title is hereby substituted for the long title of the Principal Act:

“ To provide for the promotion and facilitation of housing development in the Province of the North West; to establish principles of general application in relation thereto; to set out the general powers and duties of the Member of the Executive Council of the Province of the North West responsible for housing in relation to housing programmes, secure tenure, provision of rental and social housing and accreditation of municipalities; to provide for the establishment of the North West Housing Development [Board] Advisory Panel and establishment of the North West Housing Development Fund; and to provide for incidental matters.”

Amendment of Section 5 of Act 11 of 1998

2 (1) Section 5 of the principal Act is hereby amended – (a) by the substitution for paragraph (c) of the following paragraph: “(c) present the Provincial Legislature with an annual report on the activities of the [Board] Panel;”

(b) by the insertion after paragraph (h) of the following paragraphs: “(i) monitor the implementation of national and provincial housing policy; (j) promote policy adherence in the execution of national housing programmes in the Province by monitoring delivery in terms of agreed criteria; (k) promote programme and project performance in the execution of national programmes in the Province including monitoring the implementation of national housing programmes in respect of policy adherence by accredited municipalities; (l) administer every national housing and provincial housing programme which is consistent with national housing policy and section 3(2)(b) of the Housing Act, and for this purpose may, in accordance with that programme and the prescripts contained in the Code, approve – (i) any projects in respect thereof; and (ii) the financing thereof out of money paid into the Fund as contemplated in section 12(2) of the Housing Act; (m) determine housing development priorities in accordance with national housing policy in the Province; (n) apply the procurement policy in respect of housing development determined by the Minister in terms of section 3(2)(c) of the Housing Act; and (o) administer the assets contemplated in section 14 of the Housing Act.”

Insertions of section 5A and 5B in Act of 1998

3(1) The following sections are hereby inserted after section 5 of the Principal Act: 4

“Establishment of North West Housing Development Advisory Panel 5A (1) There is hereby established a body to be known as the North West Housing Development Advisory Panel to advise the responsible Member on any matter relating to housing development. (2) The Panel shall consist of not more than 6 members who are fit and proper persons with knowledge, qualifications or experience in the field of housing development. (3) Members of the Panel shall be appointed in accordance with a procurement policy that is consistent with section 217 of the Constitution, and must be appointed only after the responsible Member has, through the media and by notice in the Provincial Gazette, invited nominations of persons as candidates for the respective position on the Panel. (4) A member of the Panel is appointed for the period determined by the responsible Member at his or her appointment and may, subject to subsection (3), be reappointed on termination of that period. (5) The responsible Member may at any time the membership of a member of the Panel for reasons which are just and fair. (6) A member of the Panel, other than a person who is in the full-time employment of the state, is paid an allowance determined by the responsible Member with the approval of the Member of the Executive Council of the Province responsible for Finance. (7) A member of the Panel ceases to be a member if - (a) he resigns; (b) his or her estate is sequestrated or he or she applies for assistance contemplated in section 10(1)(c) of the Agricultural Credit Act, 1966; (c) he or she is convicted of an offence and sentenced to imprisonment without the option of a fine; or (d) he or she becomes a member of Parliament, a Provincial Legislature, a municipal council, the cabinet or the Executive Council of a Province.

Delegation and assignment of powers and duties by the responsible Member

5B The responsible Member may, subject to any conditions which he or she may deem appropriate in any instance - (a) delegate any power conferred on him or her by this Act; or (b) assign any duty imposed upon him or her by this Act, to an officer or employee of the Department either in his or her personal capacity or by virtue of the rank he or she holds or the post he or she occupies: Provided that the 5 delegation or assignment does not prevent the responsible Member from exercising that power or performing that duty himself or herself."

Disestablishment of the North West Housing Development Board and transitional provisions incidental thereto 4(1) The - (a) North West Housing Development Board established by and under section 6 of the Principal Act; (b) the executive committee of that Board established by and under section 13(1) of that Act; and (c) any other committee of that Board appointed in terms of section 14(1) of that Act, are hereby disestablished. (2) No act, determination, decision, matter or any other thing purported to have been done, made, taken, executed or carried out by the disestablished Board or executive or any other committee of the disestablished Board referred to in subsection (1) shall be invalid by reason only of the disestablished Board or the executive or committee of the disestablished Board, at any time after its establishment, not being constituted in accordance with the provisions of the Principal Act. (3) (a) Anything done under or in terms of this Act by the disestablished Board shall be deemed to have been done by the responsible Member. (b) As from the date of commencement of this Act, the powers, duties, rights and obligations of the disestablished Board in respect of any national housing programme, vest in the responsible Member. (c) Any reference to the disestablished Board in any document, in which the national housing programme is mentioned, shall be construed as a reference to the responsible Member.

Repeal of sections

5. Sections 6,7,8,9,10,11,12,13 and 14 of the Principal Act are hereby repealed.

Short title

6. This Act shall be called the North West Housing Development Amendment Act, 2003. ACT

[ English Text signed by the Premier on the 4th June 2003]

To appropriate an amount of money for the financial requirements of the North West Province during the financial year ending on the thirty-first day of March 2004, and to provide for incidental matters.

BE IT ENACTED by the Premier and the Legislature of the Province of the North West as follows:

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for the financial year ending on 31 March 2004. - Subject to the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999, as amended) the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March 2004.

2. Short title. - This Act shall be called the North West Provincial Appropriation Act, 2003.

NORTH WEST LAND ADMINISTRATION AMENDMENT ACT, NO. 4 OF 2003

English text signed by the Premier Assented to on 28 August 2003

DATE OF COMMENCEMENT: 12 July 2001

ACT

To provide for the amendment of certain provisions of the North West Land Administration Act 2001, and to provide for incidental matters.

BE IT ENACTED by the Premier and the Legislature of the Province of the North West as follows:

Amendment of section 3 of Act No. 4 of 2001 -

1. Section 3 of the North West Land Administration Act, Act No. 4 of 2001 (hereinafter referred to as the Principal Act), is hereby amended by the substitution of subsection (6) with the following subsection:

“6 The transferee shall be required to pay duties, fees and other charges payable as prescribed by law in respect of registration in terms of subsection(1).”

2. Short title. - This Act shall be called the North West Land Administration Amendment Act, 2003 and shall have retrospective effect to the extent that it shall come into operation on 12th July 2001.

NORTH WEST DIRECTORATE OF ENTREPRENEURIAL DEVELOPMENT IN NATURAL RESOURCES UTILISATION ACT, NO. 5 OF 2003 ( English text signed by the Premier) Assented to on 28 August 2003

[DATE OF COMMENCEMENT: 1 April 2003 ]

ACT

To provide for the transfer of the management of the affairs of the North West Agricultural Services Corporation to the Directorate of Entrepreneurial Development in Natural Resources Utilisation; to provide for the establishment, composition and functions of an Advisory Council of the Directorate of Entrepreneurial Development; to appoint an Accounting Authority to administer and manage the Act; to provide for the establishment and execution of agriculture, conservation and environment programmes for primary, secondary and value adding production levels, especially for the previously disadvantaged, small, medium and micro entrepreneurs; to provide for the access to markets and facilitate funding, business management and related skills; to provide for the rendering of support and complementing of the developmental objectives of the North West Department of Agriculture, Conservation and Environment; provide for the administration of development funds; and to provide for matters connected herewith.

BE IT ENACTED by the Premier and the Provincial Legislature of the North West as follows: -

1 ARRANGEMENT OF SECTIONS

PART I: FUNDAMENTAL PRINCIPLES AND INTERPRETATION 1. Definitions 2. Transformation of the North West Agricultural Services Corporation Limited to the Directorate of Entrepreneurial Development 3. Aims of the Act 4. Application of the Act

PART II: ESTABLISHMENT OF ENTREPRENEURIAL DEVELOPMENT

PROGRAMMES

5. Establishment of programmes and special agriculture, conservation and environment programmes 6. Agreements with other Institutions 7. Funding of programmes and special agriculture, conservation and environment programmes 8. Revenue account of the Directorate of Entrepreneurial Development

PART III: APPOINTMENT OF THE ACCOUNTING AUTHORITY

9. Appointment of Accounting Authority 10. Functions, powers and duties of Accounting Authority

PART IV: ESTABLISHMENT OF AN ADVISORY COUNCIL 11. Establishment of Council 12. Functions of Council 13. Composition of Council 14. Appointment and term of office of Council members 15. Disqualification 16. Vacation of office of Council 17. Removal from office of Council members 18. Committees of Council 19. Meeting of Council 20. Remuneration and allowances of members of the Council and Committees

2 21. Expenditure in connection with functions of the Council or its Committees

PART V: ADMINISTRATION AND TRANSITIONAL MATTERS

22. Validity of agreements and liabilities 23. Debt or moneys outstanding 24. Tendering of documents for registration and exemptions 25. Auditing and reporting 26. Offences 27. Penalties 28. Regulations 29. Repeal of Laws 30. Short Title and Commencement Schedule

PART I

FUNDAMENTAL PRINCIPLES AND INTERPRETATION

Definitions

1. In this Act, unless inconsistent with the context “accounting authority” means the body or person referred to in section 49 of the Public Finance Management Act, 1999; “agreement” means any written understanding on matters relating to duties for fulfilling the aims of this Act, made between the MEC or the Accounting Authority and a third party; “agribusiness” means commercial enterprises associated with or rendering of services to the agriculture, conservation and environment sectors; agriculture, conservation & environment” means the production means of soil, air, water, fauna and flora, in the primary and secondary production levels of food, fibre, and as part of the value adding process, by any natural or legal person; “bank” means a bank in terms of The Bank Act, 1981.

3 “Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996); “Corporation” means the North West Agricultural Services Corporation Limited established in terms of section 2(2) of the North West Agricultural Services Corporation Act 1995 (Act no 4 of 1995); “Customer / Client” means those who are serviced by DED in order to fulfill the aims of this Act; “Council” means the Advisory Council of the Directorate of Entrepreneurial Development established in terms of Part IV of this Act; “Department” means the Department of Agriculture, Conservation and Environment in the North West Province; “Deputy Director General (DDG)” means the Head of the Department or the Accounting Officer referred in Chapter 5 of the Public Finance Management Act, 1999; “Development funds” means all development funds and moneys directly related to programmes or projects; “Director of the DED” means the Head of the Directorate of Entrepreneurial Development; “Directorate of Entrepreneurial Development” means the Directorate of Entrepreneurial Development in Natural Resources Utilisation, of the Department established in terms of Section 2 of this Act and “Directorate” shall have a corresponding meaning; “entrepreneur” means a person or company carrying out a venture whose aim is to make profits; “farmer” means any person, company, any association of persons or any organisation or body, irrespective of whether it is a body corporate or not, who / which carries out primary production farming, conservation and environment related operations in the Province; “Land Bank” means the Land Bank established in terms of the Land Bank Act, 1944 (Act No. 13 of 1944) as amended; “MEC” means the Member of the Executive Council responsible for Agriculture, Conservation and Environment in the North West Province; “MEC for Finance” means the Member of the Executive Council responsible for Finance in the North West Province; 4 “Minister” means the National Minister responsible for agriculture, conservation, environment and land affairs portfolios; “National Government” means the National Government referred to in the Constitution; “officer” means an officer as defined in section 1(1) of the Public Service Act, 1994 (Proclamation 103 of 1994) as amended; “organ of state” means an organ of state referred to in the Constitution; “primary” means the first production stages of converting raw material to a finished product; “programmes” means subsidies, schemes, projects, products and services offered by the DED or / with any organ of state to fulfill aims of this Act; “Province” means the Province of the North West as contemplated in section 124 (1) of the Constitution, read with part 1 to the Constitution and “provincial” shall bear a like meaning’ “Provincial Legislature” means the Legislative Assembly of the North West Province; “Provincial Public Entity” means any national or provincial organ of state referred to in Chapter 6 and as listed in schedule 3 of the Public Finance Management Act, 1999; “Public Finance Management Act, 1999” means the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended; “public - private partnership” means ventures or programmes established and/or co-ordinated and/or implemented and/or managed by both private and public institutions; “Republic” means the Republic of South Africa, as contemplated in section 1 of the Constitution; “Secondary processing” means the processing of primary product to a finished good in the value adding production chain; “this Act” includes the Regulations; “value adding” means any form of beneficiation to a primary good either in forward or backward linkages e.g. lowered input costs of a primary product or branding of a primary product; “vote” means programmes within a department, to which certain amount of funds are allocated by the Provincial Legislature; 5

Transformation of the North West Agricultural Services Corporation Limited to the Directorate of Entrepreneurial Development in Natural Resources Utilisation

2. (1) As from the date of commencement of this Act, the Corporation referred to as the North West Agricultural Service Corporation Limited, shall be known as the Directorate of Entrepreneurial Development in Natural Resources Utilisation.

(2) The Directorate of Entrepreneurial Development in Natural Resources Utilisation shall be a juristic person and shall, at the commencement of this Act, be registered and listed as a provincial public entity referred to in Section 47 of the Public Finance Management Act, 1999, for purposes of carrying out activities in terms of this Act.

(3) The Directorate shall be the legal successor of the Corporation and all assets and liabilities of the Corporation shall be vested in it.

(4) Any reference in any law or in any document, to the North West Agricultural Services Corporation Limited, shall be construed as reference to the Directorate of Entrepreneurial Development in Natural Resources Utilisation.

Aims of the Act

3. (1) The aims of this Act are to provide for: -

(a) fostering of development of entrepreneurs in secondary processing and value added agriculture, conservation and environment; (b) facilitation of access to finance, marketing, business management skills to primary, secondary and value adding producers of agriculture, conservation and environment sectors and the Directorate’s clients;

6 (c) incentives to focus on secondary processing and value adding in agriculture, conservation and environment sectors of sustainable small, micro and medium entrepreneurs; (d) promoting and facilitating the involvement of the previously disadvantaged persons or communities, including youth, women and the disabled, in primary, secondary processing and value adding agriculture, conservation and environment; (e) facilitation of establishment of programmes in primary, secondary processing and value adding for agriculture, conservation and environment sectors; (f) facilitation of establishment of primary, secondary processing and value added agriculture, conservation and environment development programmes, especially for the previously disadvantaged, including women, youth and the disabled; (g) establishment of an Accounting Authority to administer the Act; (h) restructuring, transforming and managing the affairs of the North West Agricultural Services Corporation; (i) establishment, composition and functions of an Advisory Council; (j) management and administration of development funds in line with accounting standards and practices and the Public Finance Management Act; (k) fostering of linkages between the agriculture, conservation and environment sectors with the rest of the economy; (l) use of different strategies of outsourcing functions, services or products of the Directorate in order to fulfill the aims of this Act; (m) sourcing and mobilization of financial resources, access to alternative financial resources and affordable finance in order to facilitate establishment and funding of programmes targeted under this Act; (n) facilitating and promoting the establishment of sustainable agriculture, conservation and environment ventures; (o) engaging in human resource development through integrated education and training for secondary processing and value adding in agriculture, conservation and environment; and 7 (p) facilitating private sector involvement through private-public partnership ventures.

Appointment of the personnel of the Directorate of Entrepreneurial Development and its conditions of service and remuneration.

5 (1) The conditions of service of the personnel of the Directorate Entrepreneurial Development shall be subject to the conditions of the Public Service as may be amended from time to time, Public Service Regulations, Public Service Sectoral Bargaining Council Resolutions and all other public service determinations and/or prescripts which comes into operation from time to time.

(2) Personnel of the Directorate Entrepreneurial Development shall be persons absorbed from the staff of the North West Agricultural Services Corporation, the North West Agricultural Bank and/or the Department of Agriculture, Conservation and Environment.

(3) Notwithstanding the provisions of subsection (2), personnel of the Directorate Entrepreneurial Development may be recruited externally, should the vacant post(s) require a specialised skill and/or expertise that is not available within the Directorate, the North West Agricultural Bank or the Department of Agriculture, Conservation and Environment.

(4) The salaries, remuneration and benefits, of the personnel of the Directorate Entrepreneurial Development shall commensurate with The salary structure of the Public Service as amended from time to time.

PART II

ESTABLISHMENT OF ENTREPRENEURIAL DEVELOPMENT AND SPECIAL AGRICULTURE, CONSERVATION AND ENVIRONMENT PROGRAMMES

6 (1) The Directorate of Entrepreneurial Development shall, with the approval of the MEC, establish and / or co-ordinate programmes targeted for specific clients and specific objectives, in accordance with the aims of this Act.

(2) Programmes referred to subsection (1) may be wholly managed by the Directorate and / or in collaboration and / or on behalf of other organs of state, and/or outsourced to the private sector, depending on the efficiency and effectiveness of such institution, as the case may be.

(3) In addition to programmes contemplated in subsection (1), the MEC may, from time to time, establish special agriculture, conservation and environment programmes for the province, or establish provincial programmes in conjunction with National Government or establish programmes on behalf of the National Government.

(4) The essence of such programmes as referred to in subsections (1) and (3) should consist of, but not limited to, the following - (a) setting out the name of the programme; (b) setting out the objectives of the programme; (c) setting out the time frame, if any, of the programme; (d) setting out the criteria for having access to the terms of the programme; (e) specifying the categories or groups of applicants to whom the programme shall apply, keeping in mind the aims referred to in section 2 of this Act; (f) determining the requirements for participation in the programme; (g) determining the manner in which an applicant must apply for admission to participate in the programme, the particulars to be furnished in such application and the circumstances under which such application may be approved or refused; (h) determining the circumstances under which participation by any person in such a programme shall lapse; (i) specifying the information to be recorded or the facilities to be supplied by applicants participating in the programme; (j) setting the norms and standards for selection, monitoring and evaluation of applicants for participation in the programme; (k) determining the body or institution/s implementing or administering the programme and the conditions relating to the implementation, administration, monitoring and evaluation thereof; and (l) providing for any other matter which the MEC or the Directorate may deem necessary or expedient in order to achieve or promote the

9 objectives of the provincial programme contemplated in this Part of the Act or any other aim of this Act.

(5) Different programmes may be established in different areas of access to funding, markets and business management support for clients in the agriculture, conservation and environment sectors and the provisions of the different programmes may differ in such a manner as the Directorate or the MEC may determine.

Agreements with other institutions

7. (1) The MEC or the Accounting Authority may enter into an agreement with any person, public entity, trading entity, Land Bank, company, intermediary institution, village bank, close corporation, commercial bank, co-operative society, agri-business, strategic partner, service provider, developmental institution or international donors, for the purposes of fulfilling the aims of this Act.

(2) Any agreement referred to in subsection (1) shall be in strict accordance with the aims of this Act and with the conditions and terms, as referred to in section 22 of the Public Finance Management Act, 1999 and as approved by the MEC in concurrence with the MEC for Finance.

Funding of entrepreneurial and special agriculture, conservation and environment programmes

8. (1) Any agriculture, conservation and environment programmes and / or entrepreneurial development programmes referred to in this Part or any agreement contemplated in terms of Section 7 shall be funded from – (a) moneys appropriated by the Provincial Legislature to the Department, and transferred to the Directorate of Entrepreneurial Development account ; (b) moneys allocated for aims contained in this Act by any other law; 10 (c) moneys allocated for the aims of this Act by the National Government; (d) moneys from fees, charges and money payable to the Directorate of Entrepreneurial Development in respect of services rendered or supplied by the Directorate; (e) donations, grants, contributions, sponsorships and other income received by the MEC or Accounting Authority from whatever source; (f) rent or moneys payable to the Directorate of Entrepreneurial Development by officials or third parties in respect of accommodation provided by the Directorate; (g) interest payable to the Directorate by officials or third parties in respect of outstanding balances on loans granted by the Corporation; (h) interest received from investments of moneys made by the Corporation or the Directorate; (i) proceeds derived from disposal of the Corporation’s assets or properties sold, after all expenses and administration costs have been paid; (j) moneys left over in the Directorate’s bank account or call account after all matters pertaining to the Corporation’s affairs have been wrapped up, and; (k) funds or moneys available from any account standing to the credit of, or as a debt to, the Corporation.

(2) The moneys contemplated in subsection (1) will be deposited into and managed through a bank account, opened by the Corporation and subsequently taken over by the Directorate of Entrepreneurial Development, in accordance with the provisions of the Public Finance Management Act, 1999.

(3) If moneys referred in subsection (1) are not immediately required, such moneys may be invested at any bank or other registered financial institution as required by the Public Finance Management Act, 1999.

(4) All fixed administration costs which are not directly related to 11 programmes contemplated in part II of this Act, and including personnel and related costs, will be provided for through funds voted to the Department by the Provincial Legislature .

(5) Funds referred to in subsection (3) shall remain in the Department and continue to be managed by the Directorate for the benefit of the projects and programmes determined in terms of this Act.

(6) Funds pertaining to the wrapping up of the Corporation’s affairs shall be provided for by the Department; or shall come from any proceeds of sale of assets of the Corporation and / or any other funds that could be solicited by the Department from other sources for the purposes of this Act.

Revenue account of the Directorate of Entrepreneurial Development

9. (1) The Directorate of Entrepreneurial Development shall have revenue account for each financial year and shall credit such account with such moneys, contemplated in subsection (1), as constitute its income for such financial year and debit such account with all moneys expended or owing by it during such financial year in the performance of its functions, the every day administration of its affairs and the normal course of its business and operations in terms of this Act, and shall, in so doing, make proper provision for – (a) the depreciation in value of its assets, if any; (b) the payment of interest and other charges in respect of outstanding loans or overdraft raised by the Corporation, and; (c) the redemption of the Corporation’s loans.

(2) The revenue account shall be managed and reported according to the generally accepted accounting practices and the Public Finance Management Act, 1999.

12 PART III:

APPOINTMENT OF ACCOUNTING AUTHORITY

10. (1) The MEC shall appoint an Accounting Authority, referred to in Section 47 of the Public Finance Management Act, 1999.

Functions, powers and duties of Accounting Authority

11. (1) The Accounting Authority shall be responsible for – (a) the administration of this Act and all requirements of an accounting authority as detailed in Chapter 6 of the Public Finance Management Act, 1999; (b) the management of the day to day affairs of the Directorate, subject to the directions and any delegations that the MEC may determine from time to time; and (c) operational and administrative control over staff of the Directorate. (2) The Accounting Authority may delegate to an employee of the Directorate, or to any other person or persons under the control of the Accounting Authority, any power, function or duty conferred upon the Accounting Authority in terms of this Act.

(3) A delegation in terms of section 10(2) shall not divest the Accounting Authority of his or her power, function or duty so delegated.

PART IV

ESTABLISHMENT OF AN ADVISORY COUNCIL

12. (1) An Advisory Council of the Directorate of Entrepreneurial Development in Natural Resources Utilisation to be known as the Council is hereby established.

13 Functions of Council

13. (1) The Council shall, on its own initiative, or at the request of the MEC or the Accounting Authority, as the case may be, render advice to the MEC or the Accounting Authority on any aspects of agriculture, conservation and environment pertaining to the aims of this Act.

Composition of Council

14. (1) The Council shall consist of any number of persons to be determined by the MEC from time to time, of whom one must be designated as the chairperson.

(2) The members of the Council, viewed collectively, must- (a) represent a broad cross section of the agriculture, conservation and environment development sectors and the population of the Province as a whole; (b) be persons who are suited to serve on the Council by virtue of suitable qualifications, expertise and experience of agriculture, conservation and environment, marketing, training, business and financial management, the law, rural development, entrepreneurial development, research and technology transfer in the field of agribusiness development, Small, Medium and Micro Enterprise development in agriculture, conservation and environment; and (c) be persons who are committed to the aims of this Act.

(3) Before persons contemplated in section 13(2) are appointed, the MEC shall, in a manner that he or she may consider appropriate- (a) invite nominations from agriculture, conservation and environment sectors or any other sectors that he or she may consider appropriate for the achievement of the objects of this Act; (b) invitations for nominations to be announced in appropriate forms of media such as local newspapers and local radio stations;

14 (c) invitation notices which should specify the period within which nominations must be submitted.

(4) In consultation with the Provincial Legislature Standing Committee responsible for agriculture, conservation and environment matters, the MEC shall determine the suitable number of persons to be appointed to the Advisory Council.

(5) The number of persons contemplated under subsection (4) shall be not less than five (5) and not more than ten (10).

Appointment and term of office of Council members

15. (1) The MEC shall appoint members of the Council and the chairperson of the Council, for a period not exceeding three years, or for such period as he or she may consider necessary for achievement of the objects of this Act.

(2) Any member of the Council may after the expiry of his or her term of office be re-appointed as a member of the Council unless - (a) he or she was removed from his or her office by the MEC in terms of section 17; or (b) if, in terms of section 16, such a member gets disqualified to serve as a member of the Council.

(3) The MEC may, if the term of office of the Council has expired without a new Council having been appointed, extent the term of office of the Council whose term of office has just expired or is about to expire, until a new Council has been appointed, but the period of that extension may not exceed six months.

Disqualification

16. (1) A person may not be appointed to the Council if that person - 15 (a) is not a citizen of, and does not permanently reside in, the Republic; (b) is subject to an order of a competent court declaring him or her to be mentally ill or disordered; (c) is convicted, after commencement of this Act, whether in the Republic or elsewhere, of any offence for which he or she is sentenced to imprisonment without the option of a fine; (d) has been convicted – (i) in the Republic of theft, perjury or an offence in terms of the Corruption Act, 1992 (Act No. 94 of 1992); (ii) elsewhere, of any offence corresponding materially with any offence referred to in sub-paragraph (i); (iii) whether in the Republic or elsewhere, of any other offence involving dishonesty; or (iv) of an offence under this Act; or (e) he or she is disqualified to act as a director of a company incorporated in terms of the Companies Act, 1973 (Act No. 61 of 1973).

Vacation of office by a Council member

17. (1) A member of the Council other than the chairperson may resign from the Council by giving one month’s written notice to the MEC.

(2) A member of the Council must vacate his or her office if he or she has been absent for more than two consecutive meetings without a written notification of absence to the chairperson.

(3) The chairperson may resign – (a) as chairperson but may serve as a member of the Council; or (b) as chairperson and as member of the Council, on at least two month’s written notice to the MEC.

(4) If the office of a member of the Council becomes vacant before the expiry of the period for which he or she was appointed, the MEC may appoint

16 another person to fill the vacancy for the unexpired period of office of such a member.

(5) In the event of a vacancy contemplated in subsection (4), the MEC may or may not appoint a substitute, and in the event of appointment of a replacement, the MEC may invite nominations from the same or different sectors.

Removal from office of Council members

18. (1) The MEC may remove a member of the Council prior to the expiry of his or her term of office if it is in the best interest of the State.

Committees of the Council

19. (1) The Council shall establish Committees, to assist it in the performance of its functions.

(2) Any Committee, may include persons who are not members of the Council to assist with necessary skills expertise to fulfil the objectives of this Act.

(3) The Council must appoint the chairperson of the Committee contemplated in subsection (1).

(4) Members of the Committees contemplated in section 19(1) may be appointed for a period to be determined by the Council.

Meetings of the Council and committees

20. (1) Meetings of the Council must be held at such times and venues as may be determined by the chairperson concerned, but at least every four months: Provided that the first meeting of a newly constituted Council shall be held on such date and at such time and place as the MEC may 17 determine, which date may not be later than thirty (30) days after such constitution of the Council.

(2) The Chairperson may, at any time, call for an extraordinary meeting of the Council if in his or her opinion it is justified by the prevailing circumstances to do so; or such a meeting may be initiated by members of the Council and the Chairperson shall convene the meeting if the request has been signed by at least one-third of the Council members.

(3) Whenever the chairperson is absent from any meeting of the Council, the members present must elect, a person among themselves to preside at that meeting.

(4) The Council may make rules relating to the procedure of the Council and its Committees, including the quorum for such meetings and any other matters necessary for expedient performance of its functions.

(5) The proceedings at a meeting of the Council or of a Committee shall not be invalid due to the fact that a vacancy exists on the Council or a Committee.

Remuneration and allowances of members of the Council and Committees

21. (1) Members of the Council and any person appointed as a member of a Committee under this Act, who is not in the full-time service of the State, may in respect of services rendered by him or her in connection with the affairs of the Council or a Committee, be paid remuneration and / or allowances as the case may be, to be determined by the MEC after consultation with the Member of the Executive Council responsible for Finance in the Province.

Expenditure in connection with functions of the Council or its Committees

22. (1) All expenditure in connection with the performance of the functions 18 or the performance of the Council or its Committees shall be defrayed from moneys appropriated by the Provincial Legislature for achievement of the objects of this Act, and shall comply with the provisions of the Public Finance Management Act, 1999.

PART V ADMINISTRATION AND TRANSITIONAL MATTERS

Validity of agreements and liabilities

23. (1) Any agreement or liability which is still in force immediately before the commencement of this Act and which directly or indirectly relates to the operations of the Corporation, remains legally binding and is enforceable as such, despite the repeal of any legislation under which it was concluded.

(2) Any provision of repealed legislation referred to in subsection (1) shall, in as far as it directly or indirectly relates to or is connected with any agreement or liability contemplated in that section, be deemed to be valid and may be invoked and enforced as if it had not been repealed.

(3) Any mortgage bond, condition or restriction relating to debt and registered against immovable property on the date of commencement of this Act shall, notwithstanding the repeal of any legislation under which that mortgage or condition was effected remain in force.

(4) Any provision of repealed legislation referred to in subsection (3) shall, in as far as it is necessary, give effect to or enforce any bond, condition or restriction registered against the title deed of that property, be deemed to be valid and may be invoked or enforced as if it had not been repealed.

Debt or moneys outstanding to the Corporation

24. (1) The Accounting Authority shall in relation to all debt or monies 19 outstanding: (a) monitor the repayment of debt or moneys outstanding, on a regular basis, and investigate any factor or factors that may influence the timeous repayment thereof; (b) audit all securities related to debt or moneys outstanding; (c) collect all debt or moneys that are outstanding; (d) consider the writing off of debt or moneys outstanding which cannot be recovered, in accordance with the requirements of the Public Finance Management Act, 1999; (e) acquire movable and / or immovable assets in the event that debt or (f) exercise any power or take any action, within the law, relating to debt that may be required to safeguard the interests of the State, including the closure of any debt collection actions.

(2) Any immovable property bought by the Accounting Authority in terms of subsection (1) shall as soon as practicable be registered in the name of the North West Provincial Government.

(3) The Accounting Authority may, at the request of a debtor or any person who has a legitimate interest herein, and on such conditions as he or she may determine - (a) consolidate amounts and interest owed as debt under different agreements; (b) substitute debtors, vary or substitute bonds, impose restrictions, or accept other or vary securities; (d) vary or waive any right of the State, consent to any legal act and vary or waive any term/s of an existing agreement; (e) determine any other condition subject to which an agreement contemplated in section 24(3)(a), (3)(b) and (3)(c) is concluded or amended, including interest rates, the payment of collection costs or legal fees incurred in the collection of debt, and the incorporation of any bond, condition or restriction or other provision/s of an existing agreement into that new agreement.

20 (4) The Accounting Authority may, in accordance with the provisions of the Public Finance Management Act, 1999, write off debt or moneys outstanding.

(5) The Accounting Authority may, on such conditions as he or she may determine- (a) contract with any person to collect debt that is outstanding and to take all such actions relating hereto as may be necessary to ensure the collection thereof; (b) appoint any person to represent him or her at auctions where assets of a debtor are sold and buy such assets on behalf of the State; (c) from time to time enter into agreements with such other persons as may be necessary to safeguard the interests of the State in this Act.

(6) The fees, or the expenses or any costs incurred by a person referred to in section 24(5) shall be borne by the Department or the Directorate as the case may be.

Tendering of documents for registration and exemptions

25. (1) Notwithstanding the provisions of any other law, the Accounting Authority may tender a mortgage bond, agreement, consent, authorisation or other document at any deeds registry for registration or filing, and on receipt thereof the registrar shall, cause the necessary endorsements to be made in his or her records.

(2) No duties, taxes or other fees shall be payable under subsection (1).

(3) The provisions of the Stamp Duties Act, 1968 (Act No. 77 of 1968) shall not apply to any existing agreement or to be entered into, after promulgation of this Act.

Auditing and reporting

26. (1) The financial year for the Directorate of Entrepreneurial Development shall begin on the first day of April and end on the thirty–first day of March of the following year. (2) The Accounting Authority shall keep such accounting records as are necessary to accurately reflect the status of the account and submit such accounting records as required by the Public Finance Management Act, 1999. (3) The Books of account of the Directorate Entrepreneurial Development shall be audited by the Auditor General.

Offences

27. (1) If a member of the Council or any employee, agent, inspector or valuator employed by the Accounting Authority or under agreement with the MEC, directly or indirectly receives any fee or reward for his or her personal advantage from any person in respect of or in connection with any service rendered or offered by the MEC or Accounting Authority, or an application for such service, under this Act, he or she shall be guilty of an offence.

(2) Any person who bribes or attempts to bribe, or corruptly influences or attempts corruptly to influence an officer or a member of the Council, or any person, agent, inspector or valuator employed by the Accounting Authority or under agreement with the MEC, in respect of or in connection with any service rendered or offered by the MEC or the Accounting Authority, or an application for such service, under this Act, shall be guilty of an offence.

Penalties

28. (1) Any person convicted of an offence in terms of this Act is liable to a 22 fine or an imprisonment term of 6 months or to both such fine and imprisonment.

(2) Notwithstanding anything to the contrary in any law, a Magistrate’s court shall have jurisdiction to impose any sentence provided for in this Act.

Regulations

29. (1) The MEC may make regulations consistent with this Act on – (a) any matter which the MEC is empowered or required to prescribe by regulation in terms of this Act; and (b) any other matter in respect of which the MEC deems necessary or expedient to achieve the aims of this Act.

Repeal of laws and savings

30. (1) The laws set out in the Schedule to this Act are hereby repealed to the extent set out in the third column thereof.

(2) No act, determination, decision or proceedings taken or done under a law that regulated the activities of the Corporation shall be invalid by reason only of the Corporation ceasing to exist; and any such act, decision, determination or proceedings shall be deemed to have been pursued in terms of this Act.

Short title and commencement

31(1) This Act shall be called the North West Directorate of Entrepreneurial Development in Natural Resources Act, 2003, and shall be deemed to have come into effect on 1st April 2003.

SCHEDULE

No. and year of Short title Extent of repeal Law Act 4 of 1995 North West Agricultural Services Corporation The whole Act Act, 1995

North West Provincial Adjustments Appropriation Act, Act

No. 10 Of 2003

[DATE OF ASSENTMENT...... ]

[DATE OF COMMENCEMENT...... ]

(...... text signed by the Premier)

ACT

To appropriate additional money for the financial requirement of the North West Provincial Government during the financial year ending on the thirty-first day of March 2004, and to provide for incidental matters.

BE IT ENACTED by the Premier and legislature of the Province of the North West as follows:

Provincial Revenue Fund to be charged with amounts shown in the schedule

1. Subject to the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999) as amended, the Provincial Revenue Fund is hereby charged with the amounts of money shown in the schedule to this Act for the financial year ending on the thirty-first day of March 2004.

Short title

2. This Act shall be called the North West Provincial Adjustments Appropriation Act, 2003

Act1of2002.txt PREMIER'S NOTICE

No. 2 9 July 2002

It is hereby notified that the Premier has assented to the following Act which is hereby published for general information.

Act No. 1 of 2002: North West Provincial Appropriation Act, 2002.

ACT

To appropriate an amount of money for the financial requirements of the North West Province during the financial year ending on the thirty-first day of March 2003, and to provide for incidental matters. (English text signed by the Premier on 25 June 2002)

BE IT ENACTED by the Premier and the Legislature of the Province of the North West as follows:-

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for the financial year ending on 31 March 2003: Subject to the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999, as amended), the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March 2003.

2. Short title: This Act shall be called the North West Provincial Appropriation Act, 2002.

Schedule to the North West Provincial Appropriation Act, 2002

SUMMARY OF ESTIMATES OF EXPENDITURE TO BE DEFRAYED FROM THE REVENUE FUND DURING THE FINANCIAL YEAR ENDING 31 MARCH 2003

Page 1

Act1of2001.txt GENERAL NOTICE

NOTICE 51 OF 2001

It is hereby notified that the Premier has assented to the following Act which is hereby published for general information:-

ACT NO. 1 OF 2001: NORTH WEST PROVINCIAL ADJUSTMENT APPROPRIATION ACT, 2001

ACT

To appropriate an additional amount of money for the financial requirements of the North West Province during the financial year ending on the thirty-first day of March 2001, and to provide for incidental matters

(English text signed by the Premier assented to on 22 February 2001)

BE IT ENACTED by the Premier and the Legislature of the Province of the North West D as follows:

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for the financial year ending on 31 March 2001.

Subject to the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999, as amended) the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March 2001.

2. Short title.

This Act shall be called the North-West Provincial Adjustments Appropriation Act, 2001.

Schedule A

Schedule to the North West Provincial Adjustment Appropriations Act, 2001

SUMMARY OF ESTIMATES OF EXPENDITURE TO BE DEFRAYED FROM THE PROVINCIAL REVENUE FUND DURING THE FINANCIAL YEAR ENDING 31 MARCH 2001 ______| | Additional amount to be voted |______| | | Department | Amount to be | Statutory | Total | voted |appropriations | additional | | | funds ______|______|______|______R R R Office of the Premier 6 251 000 - 6 251 000 Office of the Legis- lature 300 000 - 300 000 Page 1 Act1of2001.txt Health 10 962 000 - 10 962 00 Traditional & Corporate Affairs 1 210 000 - 1 210 000 Safety & Liaison 520 000 - 520 000 Economic Affairs & Tourism 7 628 000 - 7 628 000 Finance 2 000 000 25 273 000 27 273 000 Education 216 118 000 - 216 118 000 Develop- mental Local Government & Housing 67 583 000 - 67 583 000 Transport, Roads & Public Works 195 986 000 - 195 986 000 Social Services, Arts, Culture & Sport 271 538 000 - 271 538 000 Agriculture, Conservation & Environment 7 739 000 - 7 739 000 ______TOTAL ADDITIONAL APPROPRIATION 787 835 000 25 273 000 813 108 000 ______

Page 2

Act No. 2, 2001

NORTH WEST GAMBLING ACT, 2001

GENERAL NOTICE

NOTICE 140 OF 2001

It is hereby notified that the Premier has assented to the following Act which is hereby published for general information:-

ACT NO. 2 OF 2001: NORTH WEST GAMBLING ACT, 2001

NORTH WEST GAMBLING

ACT

To provide for the regulation of gambling activities in the Province; to establish a Board to control and manage these activities; to set out the powers and functions of the Board; to repeal certain legislation pertaining to gambling and to provide for makers incidental thereto (English text signed by the Premier on 05 April 2001).

CHAPTER I

DEFINITIONS AND APPLICATION OF THE ACT

1 Definitions

2 Application of the Act and other laws

CHAPTER II

NORTH WEST GAMBLING BOARD

3 Establishment of the Board

4 Powers and functions of the Board

5 Constitution of the Board

6 Remuneration and allowances of the Board

7 Term of office of members of the Board

8 Removal of members of the Board from office

9 Vacancies in the Board

10 Disclosure of conflict of interests

11 Proceedings of the Board not invalid in certain circumstances

12 Staff of the Board

13 Meetings and decisions of the Board

14 Persons disqualified from being members of the Board

15 Minutes of meetings of the Board

16 Co-option of persons to the Board

17 Consultation by the Board

18 Powers delegated by the Board

19 Involvement in gambling by member or staff of the Board

20 Expert and other assistance

21 Funds of the Board

22 Accounting responsibility

23 Service of process

CHAPTER III

LICENSING IN GENERAL

24 Kinds of licences and considerations of licence applications.

25 Qualification for licences

26 General disqualification in respect of licences

27 Disqualification of persons having certain indirect interests

28 Licence applications

CHAPTER IV

HEARINGS, INVESTIGATIONS AND ENQUIRIES

29 Representations by interested persons

30 Response by applicant to representations

31 Further information and oral representations

32 Application and representations to be open to public inspection

33 Inspection of premises to which the application relates

34 Investigations and police report

35 Hearing of application

36 Accessibility of hearing to public

37 Witness and evidence

38 Decision on application for licence

CHAPTER V

MISCELLANEOUS PROVISIONS PERTAINING TO LICENSING IN GENERAL

39 Duty to produce and display licences

40 New licence application, annual licence and investigation fees

41 Duration and renewal of licences

42 Conditions applicable to licences

43 Issue of licence and temporary licence in respect of incomplete premises

44 Transfer of licence

45 Removal of business to other premises

46 Suspension and revocation of licence

47 Death or disability of licence holder

48 Liability for costs of and consent to hearings, investigations or enquiries

CHAPTER VI

CASINO AND AMUSEMENT MACHINE LICENCES

49 Additional considerations in disposing of application for casino licence

50 Casino licence and use of word "casino"

51 Amusement machine licence

CHAPTER VII

BINGO, ROUTE OPERATOR, SITE OPERATOR AND INDEPENDENT SITE OPERATOR LICENCES

52 Bingo licence

53 Route operator licence

54 Site operator licence

55 Independent site operator licence

CEAPTER VIII

TOTALIZATOR AND BOOKMAKER LICENCES

56 Totalizator licence

57 Bookmaker licence

CHAPTER IX

RACE COURSE AND HORSE RACE MEETING LICENCES

58 Race course licence

59 Race meetings and Horse Race meeting licence

CHAPTER X

REGISTRATION OF CERTAIN PERSONS

60 Registration of manufacturer, supplier or maintenance provider

61 Registration of key personnel employed in or associated with a gambling business.

62 Registration of gambling employees

63 Registration of junket agents

CHAPTER XI

APPOINTMENT OF INSPECTORS AND POWERS AND FUNCTIONS OF INSPECTORS

64 Appointment of inspectors

65 Powers and functions of inspectors

CHAPTER XII

GENERAL PROVISIONS RELATING TO GAMBLING MACHINES AND GAMBLING DEVICES

66 Gambling machines and gambling devices to be registered

67 Cheating and cheating devices

68 Electronic monitoring system for gambling machines

69 National requirements in relation to gambling machines and devices

CHAPTER XIII

RESTRICTIONS, LIMITATIONS AND PROHIBITIONS RELATING TO GAMBLING IN GENERAL

70 Place of gambling and gambling debts settlement

71 Rules of gambling games and betting

72 Restrictions on gambling through agent and unlawful inducement to gamble

73 Events and contingencies on which gambling take place and bets may be made

74 Restriction on gambling credit

75 Gambling debts enforceable

76 Restriction on gambling advertisement

77 Prohibition of gambling by certain persons

78 Suitability of third parties

79 Declarations of forfeiture

80 Vicarious responsibility

81 Books, accounts and records

82 Offences and penalties

83 Reward for information supplied

CHAPTER XIV

REGULATIONS, RULES OF THE BOARD, ANNUAL REPORT AND PUBLICATION OF INFORMATION ON GAMBLING ACTIVITIES

84 Regulations

85 Rules of the Board

86 Annual report, financial statements and publication of information on gambling activities

CHAPTER XV

GAMBLING LEVIES, FEES, PENALTIES AND INTEREST

87 Gambling levies, fees, penalties and interest

88 Penalty and interest for failure to pay gambling levy or fee when due

89 Agreements on gambling levies

CHAPTER XVI

REVIEW TRIBUNAL

90 Decision or proceedings of the Board may lie with a review tribunal

CHAPTER XVII

TRANSITIONAL PROVISIONS AND SAVINGS, REPEAL OF LAWS, SHORT TITLE AND COMMENCEMENT

91 Transitional provisions and savings

92 Repeal of laws

93 Short title and commencement

PREAMBLE

WHEREAS the Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996), schedule 4 thereof, provides that a Provincial Legislature shall be competent to make laws with regard to gambling matters,

AND WHEREAS gambling matters are privileged activities, which should stimulate the creation of employment opportunities and thereby promote the improvement of the quality and standard of living of the people of the Province,

AND WHEREAS gambling provides a significant source of public revenue for the Province,

AND WHEREAS the levying of such taxes has to be dealt with in terms of the Provincial Legislation,

AND WHEREAS the Provincial Legislature has recognised the need for such legislation in order to prevent the conduct of illegal gambling activities in the Province,

AND WHEREAS it is recognised that public confidence and trust and the health, safety, general welfare and good order of the inhabitants of the Province are dependant upon the strict regulation of all persons, premises, practices, associations and activities relating to gambling,

BE IT ENACTED by the Premier and the North West Provincial Legislature as follows:

CHAPTER I

DEFINITIONS AND APPLICATION OF THE ACT

1. Definitions

In this Act the following words and expressions shall have the following meanings, unless the context indicates otherwise -

authorised officer means an employee of the Board or a South African Police Official duly authorised to act in terms of section 39(1),

amusement game means amusement game referred to in sections 4(3) and 51, played or activated by the insertion or payment of coin, token, credit, electronic credit, debit, bill of exchange or other value instrument whereby the player may win a prize which is not in the form of cash, tokens, cheques, credit, debits, bills of exchange or other value instruments, but is limited to -

(a) one or more non-cash objects with a combined monetary value not exceeding the limit set by the Board, or

(b) more than one opportunity to play a further game, provided that no more than 10 opportunities may be won in respect of a single game, or

(c) in the case of games of skill, one or more tickets which cumulatively entitle or enable the player to receive a prize contemplated in paragraph (a) on the premise concerned and which are not transferable to any other person: Provided that no accumulation of tickets shall entitle or enable the player to receive a prize other than having a higher value than that, or

(d) in a situation contemplated in paragraph (a): Provided further than no more than 10 (t›n) tickets may be won in respect of any single such game,

amusement machine means any mechanical, electrical, electromechanical, video or other device, contrivance or machine on which an amusement game may be played but excludes any machine, contrivance or device the same as derived from or converted from a gambling machine of a type usually found in a casino,

amusement machine licence means a licence issued in tems of section 51,

bet or betting means to stake any money or thing of value or to stake on behalf of any person, or expressly or impliedly, to undertake, promise or agree to stake on behalf of any person, any money or thing of value on any event or contingency other than the contingency involved in a gambling game,

bingo means the gambling game known as bingo and any similar gambling game which is played with cards (including electronic screens) on which appear a set of numbers or symbols and in the course of which each player attempts to match for money, property, cheques or anything of value, all or a specified set of numbers or symbols on his or her cards to calls made by the operator and includes any similar gambling game operated in whole or in part by electronic means,

bingo licence means any licence issued in terms of section 52,

Board means the North West Gambling Board established by section 3,

bookmaker means any person, who earns or endeavours to earn his or her livelihood wholly or partly by directly or indirectly laying or taking fixed odds or open bets on sporting events with members of the public or other bookmakers,

casino means premises where casino games are played or are available to be played for money or other valuable consideration gambled on the possibility of winning a prize, casino licence means a licence contemplated in section 50,

consideration means an undertaking, promise, agreement or assurance, regardless of its apparent or intrinsic value,

Constitution means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996),

controlling interest, in relation to any licensee, applicant or business, means any interest of whatever nature enabling the holder thereof to exercise, directly or indirectly, any control whatsoever over the activities or assets of the licensee, applicant or business concerned, and the word "control" shall have a corresponding meaning,

department means the department of Economic Development and Tourism,

event or contingency means any occurrence of which the outcome is uncertain or unknown to any person,

Executive Council means the Executive Council of the Province,

family member means -

(a) a husband or wife, any partner in a customary union according to indigenous law or any partner in a relationship where the parties live together in a manner resembling a marital partnership or a customary union, or

(b) any person related to either one or both persons referred to in paragraph (a) within the second degree through marriage, a customary union or a relationship referred to in paragraph (a) or the third degree of consanguinity.

financial interest, in relation to a company or corporation, means:

(a) having a right or entitlement to share in profits or revenue,

(b) having any real right in respect of any property of the company or corporation,

(c) having any real or personal right in any property used by the company or corporation in conducting its gambling business, or

(d) having a direct or an indirect interest in the voting shares of the company or having an interest in a close corporation,

fixed odd bet means a bet laid by a bookmaker on one or more events or contingencies where fixed odds bets are agreed upon when such bet is laid,

gamble means the wagering of a stake of money or anything of value on the unknown result of a future event at the risk of losing all or a portion thereof for the sake of a return, irrespective of whether any measure of skill is involved or not and encompasses all forms of gambling but, excludes the operation of an amusement machine and, the word gambling shall have a corresponding meaning,

gambling business means any business of which gambling forms part,

gambling device means any equipment or thing used remotely or directly in connection with gambling or and including an electro-mechanical or electronic device, component or machine or gambling machine,

gambling game means any game, whether or not the result thereof is determined by chance, played with or by means of playing cards, dice, gambling machines, gambling devices, or any mechanical, electro-mechanical or electronic device, component, machine, any computer hardware, or software, which upon payment of money, property, cheques, a token, electronic credit, credit, debit or electronic chip or similar object or upon payment, whether directly or indirectly by a player of any consideration whatsoever, whether by reason of the skill of the player or operator or the element of chance or both, may entitle or deliver to the person playing the game money, merchandise, property, cheques, credit, electronic credit, debts, tokens, tickets or anything of value other than an opportunity to play a further game, whether the pay off is made automatically or in any other manner whatsoever and including, without derogating from the generality of the aforegoing, roulettes, bingo, keno, twenty-one, blackjack, poker, chemin de fer, punto banco and bacarrat, excluding any amusement game insofar as it is regulated or provided for in teens of this legislation,

gambling machine means any mechanical, electrical, video, electronic, electromechanical or other device, contrivance or machine which upon insertion of a coin, bank note, electronic credit card, debit card, smart card, token or similar object, or upon payment of any consideration is available to be played or operated and the playing or operation of which, whether by reason of the skill of the player or operator or the application of the element of chance or both, may deliver or entitle the person playing or operating the machine to receive cash, property, cheques, merchandise, credit, electronic credits, debits, tokens, tickets or anything of value but does not include an amusement machine,

horse race means any horse race over a defined or agreed course held for the entertainment of the public and members of any association or club, but does not include any race in the nature of a public trial gallop at which no betting takes place, held under the management and control of the holder of a race course licence, and any race or contest of a private nature at which no betting takes place,

independent site operator means a site operator who is not linked to a route operator, and is licensed to own and operate limited payout machines on a single site,

independent site operator licence means a licence issued in terms of section 55,

inspector means an inspector appointed under section 64,

junket means a visit or an excursion to a casino by one or more persons who receive complimentary services such as transport, food and lodging as an inducement to gamble at the casino, which is arranged by a third party,

junket agent means any person who, for commission, shares in gambling profits or any other consideration, in conjunction with the holder of a casino licence, plans or organises a junket,

licence means -

(a) a casino licence,

(b) bingo licence,

(d) a route operator licence,

(e) a site operator licence,

(f) independent site oprator licence,

(g) a totalizator licence,

(h) a bookmaker licence,

(i) a race course licence,

(j) a race meeting licence,

(k) a temporary licence,

licensed premises means the place or premises specified in a licence on which the activities authorised thereby may be conducted in terms of this Act,

limited payout machine means a gambling machine outside of a casino in respect of the playing of which the stakes and prizes are limited as shall be prescribed in terms of the regulations,

local authority means any local government body contemplated in chapter 7 of the constitution,

manufacturer, supplier or maintenance provider means a person conducting business of the manufacture, and or sale, }ease, making available, distribution, import, maintenance or repair of any gambling device,

open bet means a bet laid by a licensed bookmaker on one or more events or contingencies where no fixed odds bets are agreed upon when such bet is laid,

opportunity to play a further game means an opportunity which cannot be distributed or transferred to the person who has won such opportunity or to any other person, for any other purpose other than to use such opportunity without interruption to continue playing the type of game in respect of which the opportunity was won, and excludes an opportunity which can in any manner, whether directly or indirectly, be converted into money, property, cheques, credit or anything of value, or be so converted in terms of any scheme of arrangement, system, plan or device which the Responsible Member may from time to time by notice in the Provincial Gazette declare not to be an opportunity to play a further game,

ordinance means the Horse Racing and Betting Ordinance, 1978 (Ordinance 24 of 1978 (TVL), or the Horse Racing and Betting Ordinance 1968 (Ordinance 34 of 1964 (Cape),

player or patron means any participant in a gambling game and includes a punter in any betting transaction,

political office-bearer means -

(a) a member of the National Assembly or National Council of Provinces,

(b) a member of a provincial legislature,

(d) a member of a House or Council of Traditional Leaders,

(e) a member of a local government body, and

(f) any other person holding a position of national or provincial leadership of a political party,

premises means any site, place or location, regardless of whether it is or form part of any temporary or permanent structure, building, vessel, vehicle or aircraft,

prescribed means prescribed by regulation in terms of this Act,

Province means the Province of the North West,

Provincial Government means the government of the North West,

race course licence means a licence issued in terms of section 58,

race meeting means any gathering of persons attending a horse race whether or not such race is run, if the date and the place of such race has been made known by public advertisement or private invitation,

race meeting licence means a licence issued in terms of section 59,

regulations means regulations made in terms of section 84,

Responsible Member means the member of the Executive Council responsible for the administration of this Act,

route operator means a company registered in terms of the Companies Act, 1973 (Act No. 61 of 1973) as amended, which is licensed to own and operate limited payout machines,

route operator licence means a licence issued in terms of section 53,

rules means the rules made in terms of section 85,

site operator means premises licensed for the placement and operation of one or more limited payout machines,

site operator licence means a licence issued in terms of in section 54,

social gambling means -

(a) the playing of a gambling game, other than the operation of a gambling machine, in a private dwelling, a church, school or community hall, a club house belonging to a genuine sports club or such other place as the Board may from time to time approve, which is not operated or conducted for profit and in which no person directly or indirectly receives any form of remuneration or compensation for operating, conducting, carrying on, maintaining or providing such gambling, and

(b) the playing of any gambling game other than the operation of a gambling machine for the purpose of genuine fund-raising by a church, a school, a sports club or an entity duly registered in terms of the Fund-Raising Act, 1978 (Act No. 107 of 1978), or such other entity as the Board may from time to time determine, and in accordance with the procedures and subject to the conditions which may be prescribed,

sporting event means any ball-game, race (including a race involving vehicles or animals) or other athletic or sporting contest, competition or game, including a beauty contest, usually attended by public,

temporary licence means a licence issued in terms of section 43(2) to a person whose application for a licence has been granted subject to the fulfilment of certain conditions within a specified period, where upon fulfilment, a permanent licence will be issued in substitution of the temporary licence,

the Act or this Act includes the schedules and any regulation made or issued thereunder,

totalizator means any instrument, machine, contrivance or apparatus for registering or indicating or registering and indicating the number or amount or the number and amount of bets on any event or combination of events and which is operated in accordance with a system of betting in which the aggregate amount staked on such event or combination of events, after deduction from such aggregate amount of any amounts which may in terms of this Act be deducted therefrom, is divided amongst those persons who have made winning bets on any event or combination of events in proportion to the amounts staked by such persons in respect of such winning bets, and includes any combination of such instrument, machine, contrivance or apparatus, whether inside the province or not and, any scheme, form or system of betting, whether mechanically operated or not, which is operated on similar principles,

totalizator licence means a licence issued in terms of section 56,

winning bet means any bet where the person who placed the bet correctly predicted the result of the event or contingency or combination thereof in respect of which the bet was placed.

2 Application of this Act and other laws

(1) Save for the provisions of the National Gambling Act, 1996 (Act No. 33 of 1996), including subsequent amendments thereto, or as may otherwise be provided in this Act, nothing contained in any law relating to gambling or betting shall apply in respect of any gambling or betting conducted in the Province.

(2) No provision of this Act shall be construed as limiting the application of the Abolition of Dog Race Meetings and the Prohibition of Betting on Dog Race Ordinance, 1949 (TVL Ordinance No. 4 of 1949) and Prohibition of Dog Races Ordinance, 1986 (Cape Ordinance No. 11 of 1986).

CHAPTER II

NORTH WEST GAMBLING BOARD

3 Establishment of the Board

There is hereby established a juristic person to be known as the North West Gambling Board.

4 Powers and functions of the Board

(1) The powers and functions of the Board shall be -

(a) to oversee gambling activities in the Province,

(b) to advise the Responsible Member or furnish a report or recommendation to the Responsible Member on any matter referred to the Board by the Responsible Member for consideration and arising from the application of this Act relating to the control of gambling in the Province.

(c) to exercise such powers and perform such functions and duties as may be assigned to the Board in terms of this Act or any other law; and particular to -

(i) invite applications for licences in terms of this Act,

(ii) consider and dispose of applications for licences in such manner and at such time and place as it may from time to time determine;

(iii) grant, renew, amend, refuse, suspend or revoke licences under this Act;

(iv) impose conditions in respect of any licence at any time;

(v) revoke licences granted under the Ordinance;

(vi) acquire, hold, hire, let and alienate intellectual, movable and immovable property;

(vii) open and maintain bank accounts;

(viii) appoint and dismiss staff and do all things incidental thereto;

(ix) conclude and perform contracts;

(x) participate in or conduct a quasi-judicial and administrative proceedings;

(xi) make and enforce rules for the conduct of its proceedings and hearings;

(xii) receive; expand and generally administer funds;

(xiii) collect and administer in accordance with the provisions of this Act, levies and fees imposed by or under this Act;

(xiv) make rules and regulations governing the licensing, conduct and operation of any gambling activity or business;

(xv) conduct or cause to be conducted hearings, investigations and enquiries with regard to any matter falling within the scope of its functions;

(xvi) apply to court to place any gambling operation under supervisory management;

(xvii) enter into agreements with or obtain the assistance of any department or organ of State, including the South African Police Service, to conduct or assist it in conducting its investigations;

(xviii) obtain information from licence holders and other persons and agencies;

(xix) conduct an ongoing study of, and investigation, into gambling throughout the Province and elsewhere in order to ascertain whether there are any deficiencies in this Act or in any regulation or rule made thereunder and to discover any abuses or violations of the procedures contained in this Act or any regulation or rule made thereunder,

(xx) determine minimum internal control systems for licence holders, including accounting and reporting procedures and any other procedures or systems, whether computerised or not;

(xxi) impose penalties for any breach of any of the rules or regulations made under this Act, which may include fines or the suspension of or the imposition of conditions relating to any licence issued in terms of this Act;

(xxii) determine fees and charges in respect of investigations, inquiries and any other function performed by the Board;

(xxiii) collect and administer interest and penalties imposed by or under this Act;

(xxiv) undertake or cause to be undertaken test on equipment and gambling devices used or to be used in gambling activities and to recover the costs thereof from any person at whose instance or such tests are undertaken;

(xxv) issue summonses for the appearance of persons or the production of books, documents or things in connection with applications, hearings, investigations or enquiries under this Act, including the rules or regulations made thereunder;

(xxvi) establish field or branch offices;

(xxvii) establish and administer funds for the proper administration of this Act;

(xxviii)consult with any person or employ consultants regarding any matter relevant to the performance of its functions on such terms and conditions as the Board may determine;

(xxix) compile a list of persons who are to be excluded or rejected from specified licensed premises and of those who are prohibited from partaking in specified gambling;

(xxx) make rules governing the licensing, conduct and operations of amusement games including the licensing thereof and in consultation with the Responsible Member and Treasury to impose licence fees therefor;

(xxx) generally exercise the powers and perform the functions and duties specified in this Act or assigned to it by any other law.

(2) The Board may, with the approval of the Responsible Member and if a law or any other province or area provides therefor, exercise such powers and perform such functions and duties in terms of such law in respect of persons and matters in the said province as the Board may in terms of this Act exercise and perform in this Province.

(3) The Board may, in its sole discretion, grant authority for the installation of an amusement machine for the playing of amusement games in premises which the Board deems suitable, in terms of subsection (1) (xxx).

5 Constitution of the Board

(1) The Board shall consist of nine members appointed by the Responsible member, of whom -

(a) one member shall be qualified to be admitted to practice as a legal practitioner and after having so qualified, practiced as a legal practitioner or performed services related to the application or administration of the law,

(b) one member shall be an accountant or auditor registered in terms of the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991), with experience in public practice as defined in section I of that Act,

(c) one member shall be appointed by virtue of his or her knowledge and experience in the field of welfare or socio- economic development,

(d) one member shall be appointed by virtue of his or her knowledge and active involvement in the tourism industry,

(e) one member shall be designated by the Member of the executive Council responsible for Economic Development and Tourism,

(f) one member shall be designated by the Member of the Executive Council responsible for Safety and Liason,

(g) one member shall be designated by the Member of the Executive Council responsible Finance and Provincial Treasury,

(h) two members shall be appointed on the basis of having either proven business acumen, a knowledge of the gambling industry, or who are otherwise suitable for appointment as members of the Board.

(2) In addition the Chief Executive Officer of the Board shall ex officio be a member of the Board but shall not be entitled to vote.

(3) A member of the Board other than a member referred to in paragraphs (e), (f) or (g) of subsection (1) shall not be appointed until the Responsible Member has invited interested parties by notice in the Provincial Gazette and an advertisement in the media to nominate within 21 days of the publication of such notice candidates for consideration.

(4) The names of the nominees shall be published in the said Provincial Gazette and media.

(5) Any objections to the appointment of any person to the Board, may, not later than fourteen days before the date on which the appointments of the members of the Board are to be lodged with the Responsible Member, be made in writing stating the ground or grounds which, according to such a person, disqualify any prospective member from being appointed as a member to the Board.

(6) A member of the Board shall be appointed by the Responsible Member after due consideration of all nominations and any objections lodged in terms of section (5).

(7) The final list of nominees shall include both genders.

(8) The final list shall be published in the Provincial Gazette and media.

(9) Responsible Member shall appoint one member of the Board as the Chairperson, and another member as the deputy Chairperson.

(10) If the chairperson is absent or is for any reason unable to act as Chairperson, the deputy Chairperson shall perform the functions of the Chairperson.

(11) A member of the Board shall before assuming office, make and subscribe an oath or solemn affirmation in the form determined by the Responsible Member.

6 Remuneration and allowances of members of the Board

Members of the Board or persons co-opted or consulted respectively in terms of sections 16 and 17 who are not in the full-time service of the State may, in respect of their services, be paid such remuneration and allowances out of the funds of the Board as may be determined by the Responsible Member in concurrence with the Member of the Executive Council responsible for Finance.

7 Term of office of members of the Board

(1) A member of the Board -

(a) shall hold office for a period of five years from the date of appointment,

(b) shall be eligible for re-appointment upon expiry of the initial term of office, and

(2) The Responsible Member may terminate the term of office of a member if the Responsible Member is of the opinion that it is in the public interest or in the interest of the proper administration of this Act to do so.

8 Removal of members of the Board from office

A member of the Board may be removed from office by the Responsible Member -

(a) on account of misconduct, or incapacity to perform the duties of his or her office efficiently, or

(b) by reason of his or her absence from three consecutive meetings of the Board without good cause shown.

(c) If he or she failed to disclose an interest in terms of section 10 (2)(a) or attended or participated in the proceedings of the Board while having interest contemplated in section 10 (1).

9 Vacancies in the Board

(1) There shall be a vacancy in the Board if a member -

(a) dies,

(b) becomes subject to a disqualification referred to in section 14,

(d) has been removed from office in terms of section 8.

(2) A vacancy in the Board shall be filled by the appointment of another member by the Responsible Member in terms of this Act as soon as may be reasonably practicable after the occurrence of such vacancy, and any member so appointed shall hold office for the unexpired period of his or her predecessor's term of office

10 Disclosure of conflict of interests

(1) Subject to the provisions of subsection (2), a member of the Board shall not vote or in any other manner participate in the proceedings at any meeting of the Board nor be present at the venue where such a meeting is held, if in relation to any matter before the Board -

(a) he or she or his or her family member, or business associate is a director, member or partner of, or has controlling interest or any financial interest in the business of the applicant or any person who made representations in relation to the application for a licence, or

(b) he or she has any interest which precludes him or her from performing his or her functions as a member of the Board in a fair, unbiased and proper manner.

(2) (a) If at any stage during the course of the proceedings before the Board it appears that a member of the Board has or may have any interest contemplated in subsection (1), that member shall forthwith and fully disclose the nature of his or her interest and leave the meeting or hearing so as to enable the remaining members of the Board to discuss the matter and determine whether that member is precluded from participating in the proceedings at such meeting or hearing by reason of a conflict of interest, and

(b) such disclosure and the decision taken by the remaining members of the Board regarding such determination shall be recorded in the minutes of the proceedings in question.

(c) If any member of the Board fails to disclose any interest contemplated in subsection (1) or if, having such interest, he or she attends or in any manner whatsoever contributes to the proceedings at the meeting or hearing concerned, such contribution will be deemed not to have been made: Provided that no decision in terms of this Act relating to the granting, amendment, renewal of a licence or registration, or the transfer of a licensed business to new premises, shall thereby be invalidated.

11 Proceedings of the Board not invalid in certain circumstances

Subject to the provisions of section 10, a decision taken by the Board or an act performed under the authority of such a decision shall not be invalid merely by reason of any irregularity in the appointment of the member of the Board or, a vacancy in the Board or, the fact that any person not entitled to sit as a member of the Board sat as such at the time when such decision was taken: Provided that such decision was taken by a majority of the members of the Board present at the time and entitled so to sit and, the said members at the time constituted a quorum.

12 Staff of the Board

(1) The Board shall, in the exercise of its powers and performance of its functions be assisted by -

(a) a chief executive officer appointed by the Board in consultation with the Responsible Member,

(b) persons appointed by the Board, or

(c) officers or employees placed at the disposal of the Board in accordance with section 15 (3) (a) of the Public Service Act, 1994 (Proclamation No. 103 of 1994).

(2) The chief executive officer shall, subject to the control of the Board, perform the functions entrusted to him or her by or in terms of this Act.

(3) The staff of the Board who are not in the full-time service of the State shall receive such remuneration, allowances, and other employment benefits out of the funds of the Board, and shall be appointed on such terms and conditions for such periods as the Board, with the concurrence of the Responsible Member, may determine.

(4) A member of the staff of the Board shall, before assuming his or her duties as such, make and subscribe an oath or solemn affirmation in the prescribed form before the Chairperson of the Board.

(5) No person shall be admitted to the staff of the Board as contemplated in this section if such person or family member of such person has a controlling interest or any financial interest or any interest in any gambling activity.

13 Meetings and decisions of the Board

(1) The first meeting of the Board shall be held at the time and place determined by the Responsible Member, and thereafter the Board shall meet at such times and places as the Board may from time to time determine for the expeditious conduct of its business.

(2) The Chairperson may at any time on reasonable notice convene an extraordinary meeting of the Board to be held at a time and place determined by him or her for the conduct of any business: Provided that the Chairperson shall, upon having been presented with a requisition for that purpose signed by at least two members, call for a special meeting, and if the Chairperson fails to convene a special meeting within seven days from such presentation, such two members may, upon the expiration of seven days convene the special meeting.

(3) The quorum for any meeting of the Board shall be a majority of the total number of its members.

(4) If both the Chairperson and the deputy Chairperson are absent from any meeting of the Board, the remaining members shall from their number elect an acting Chairperson, who, while he or she so acts, may exercise and perform all the powers, functions and duties of the Chairperson.

(5) Subject to the provisions of subsection (3), a decision of the Board shall be taken by resolution agreed to by the majority of members present at any meeting of the Board and, in the event of an equality of votes regarding any matter, the Chairperson shall have a casting vote in addition to his or her deliberative vote: Provided that in the event of equality of votes in relation to the proposed granting, amendment, renewal, transfer, suspension or revocation of a licence or registration, or transfer of a licensed business to new premises, it shall be deemed that no decision has been taken by the Board and the matter shall be brought de novo before the Board.

14 Persons disqualified from being members of the Board

No person shall be appointed to or remain as a member of the Board if such person -

(a) is not a citizen of the Republic;

(b) at the relevant time is, or during the preceding 12 months was, a public servant other than a person appointed in terms of section 5 (1) (e), (f), or (g);

(c) at the relevant time is, or during the preceding 12 months was, a member of Parliament, any provincial legislature or local authority, or any council, commission or House of Traditional Leaders established in terms of the Constitution of South Africa Act 1996,

(d) at the relevant time is, or during the preceding 12 months was holding a position of national or provincial leadership of a political party;

(e) has any direct or indirect interest in any gambling activity or any other business or enterprise that may conflict with the proper performance of his or her duties as a member of the Board;

(f) F or his or her partner or associate, holds an office in or with, or is employed by, any person, company, organisation or other body, whether corporate or unincorporate, which has an interest contemplated in paragraph (e);

(g) is an unrehabilitated insolvent;

(h) is of unsound mind, or is subject to an order of a competent court declaring such person to be mentally ill or disordered;

(i) has at any time been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, an offence under this Act or any Act providing for the prevention or the criminalization of corruption, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R500;

(j) has at any time been removed from an offence of trust on account of misconduct;

(k) failed to disclose an interest in terms of section 10 or attended or participated in the proceedings of the Board while having an interest contemplated in section 10;

(l) is not a natural person.

15 Minutes of the meetings of the Board

(1) Minutes of every meeting of the Board shall be kept and retained at the offices of the Board.

(2) Any person may obtain copies of the minutes contemplated in subsection (1) or any part thereof against payment of the prescribed fees.

16 Co-option of persons

(1) If the Board is of the opinion that a particular person or persons can assist the Board in the consideration of a particular matter, the Board may co-opt that person or persons for such purpose.

(2) A co-opted person shall not be entitled to vote at any meeting of the Board.

(3) The remuneration and allowances payable in terms of section 6, if any, and the terms and conditions of a person or persons co-opted shall be contained in a written agreement entered into for that purpose between the Board and the person or persons so co-opted.

17 Consultation by the Board

(1) The Board may consult any person, agency, organisation or institution with regard to any matter if it deems necessary for the proper performance of its functions and exercise of its powers.

(2) The provisions of section 16 (3) shall mutatis mutandis apply in respect of a person, agency, organisation, or institution so consulted.

18 Powers delegated by the Board

(1) The Board may, with the approval of the Responsible Member and subject to the provisions of this section, delegate its powers, functions and duties to any member of the Board or the staff of the Board on such conditions as the Board may determine.

(2) The power to make a decision relating to the granting, transfer or revocation of a gambling licence or the material amendment thereof, shall not be delegated.

(3) The chief executive officer may, with the approval of the Board, delegate his or her powers, functions and duties to any other member or the staff of the Board or person in the service of the Board.

(4) A delegation under this section shall not prevent the exercise or performance of the power, function or duty concerned by the Board or chief executive officer as the case may be.

(5) A delegation under this section may at any time be revoked or withdrawn.

(6) Anything done in the exercise or performance of a delegated power, function or duty shall be deemed to have been done by the Board or chief executive officer, as the case may be.

19 Involvement in gambling by member or staff of the Board

(1) No member or staff of the Board shall participate in any gambling in the Province except in the performance of his or her duties in terms of this Act.

(2) A member of the Board or of the staff of the Board shall not accept any donation, reward or other benefit from or on behalf of an applicant for the holder of a licence, and no person shall give or offer such donation, reward or benefit to such member or staff of the Board.

20 Expert and other assistance

(1) The Board may appoint or call to its assistance such experts or other persons as it may deem necessary with a view to assisting it in the exercise and performance of its powers, functions and duties and for the performance of any work arising therefrom.

(2) The terms, conditions, remuneration and allowances applicable to any expert or person appointed or called upon under subsection (1), and the work to be performed or service to be rendered by him or her shall be determined by the Board with the concurrence of the Responsible Member, and be contained in a written agreement entered into for that purpose between the Board and the expert or person concerned.

(3) Upon having performed the work or completed the service pursuant to an agreement contemplated in subsection (2) the expert or other person concerned shall submit a report in regard thereto for consideration by the Board.

(4) The Board may on receipt of a report contemplated in subsection (3), refer the matter back to the expert or person concerned for such further attention as may be determined by the Board, or for the performance of such further functions as the Board may deem necessary or desirable.

21 Funds of the Board

(1) The funds of the Board shall consist of monies transferred from the department.

(2) Annual Board administrative fees and investigation fees charged in respect of applications for licences and registration.

(3) Money accruing to the Board from any other service.

(4) The Board shall, for the purpose of the transfers contemplated in subsection (1), submit to the Responsible Member in a prescribed format, a breakdown per month of the anticipated revenue and expenditure of the Board for that financial year.

22 Accounting responsibility

(1) The Board shall perform its accounting responsibility in accordance with the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999) as amended, and

(2) Without derogating from the generality of subsection (1), the Board shall -

(a) keep full proper records of its financial affairs in accordance with any prescribed norms and standards,

(b) prepare financial statements for each financial year in accordance with generally recognized accounting practice,

(d) submit an annual report of its activities during that financial year to the Responsible Member.

(3) The financial statements referred to in subsection (2) shall be audited by the Auditor General.

23 Service of process

(1) In any legal proceedings instituted against the Board, service on the chairperson of any process or any document whereby proceedings are instituted, shall be sufficient service on the Board.

(2) In any legal proceedings instituted against the Board and the North West Government, the service on the Chairperson and at the office of the state attorney respectively, of any process or any document whereby proceedings are instituted, shall be sufficient service on the Board and the North West Government.

CHAPTER III

LICENSING IN GENERAL

24 Kinds of licences and consideration of licence applications

(1) The licences under this Act shall be -

(a) Casino licences

(b) Bingo licences

(d) Route operator licences

(e) Site operator licences

(f) Independent site operator licences

(g) Totalizator licences

(h) Bookmaker licences

(i) Race Course licences

(j) Race meeting licences

(k) Temporary licences

(2) No person shall make an application for a licence, and no such application shall be entertained, unless the application is lodged pursuant to and in accordance with a notice inviting applications which has been published by the Board in the Provincial Gazette, and which notice may state:

(a) the type and number of licences to be issued and any conditions that may apply,

(b) the area to which the licence will relate,

(d) the evaluation criteria to be applied.

(3) All applications for licences shall be considered and disposed of according to the procedures determined by the Board.

(4) The Board may conduct or cause to be conducted any hearing, investigation or enquiry in relation to any application submitted under this Act.

(5) The Board shall not approve an application for any licence unless it is satisfied that -

(a) the funding of the business for which a licence is required is provided by a reputable person, body or institution,

(b) the premises in question are or will on completion be suitable for the purpose for which they will be used under the licence,

(c) the development is not undesirable within the specific geographic environment, with reference to social, religious, educational, cultural, economical, environmental and land-use aspects.

(d) the applicant has made full and frank disclosure of all matters prescribed or determined by the Board and the relevant information in respect of the application was made available for public scrutiny in terms of the provisions of this Act,

(e) the grant of the licence is in the public interest,

(f) the applicant qualifies in terms of section 25 and is not disqualified in terms of section 26,

(6) After consideration of an application the Board may grant or refuse or postpone the consideration of an application subject to any terms and conditions it may see fit.

25 Qualification for licences

In order to qualify for a licence -

(a) a person shall in the opinion of the Board be a fit and proper person whose character, integrity, honesty, prior conduct, regard for the law, reputation, habits and associations do not pose a threat to the health, safety, morals,. good order and general welfare of the inhabitants of the Province and to the provisions of this Act.

(b) a person or entity shall have adequate financial means to undertake and sustain an activity for which the licence is required.

26 General disqualification in respect of licences

The following persons or entities shall be disqualified from retaining, holding, obtaining or being granted a licence:

(a) an unrehabilitated insolvent, any entity that is subject to winding up or is under judicial management, or any person who is subject to any legal disability,

(b) political office bearers.

(e) any legal or natural person who has been convicted in the Republic or elsewhere of any offence of which dishonesty is an element, unless the Board decides that the offence was of such a nature that it does not imply that such a person or entity is unsuitable to hold the licence in question,

(f) any legal entity in respect of which the State, or any organ of the State or any organisation with which the State is concerned has any financial interest, except as far as taxes are concerned, in any gambling activity, provided that the provisions of this paragraph shall, for such time as may be provided in the National Gambling Act, 1996, as amended, not apply in respect of any financial interest held by the State, or any organ of the state or any organisation with which the State is concerned, in any legal entity holding a gambling licence at the commencement of this Act if such interest was acquired before 27 April 1994, provided further that for the purpose of this paragraph financial interest shall not be construed as preventing the granting of a licence to a person or entity merely because that person or entity leases or otherwise occupies pursuant to an agreement or arrangement entered into or made before the commencement of this Act, premises owned by the state, a local government or a statutory body,

(g) any person who does not qualify in terms of section 25,

(h) any person whose lieence in terms of this Act or similar Law has been revoked, and

(i) any person who has been removed from any office of trust on account of misconduct or dishonesty.

27 Disqualification of persons having certain indirect interests

If a person who is disqualified under section 26 has any direct or an indirect financial interest of five per cent or more in a company, close corporation or other body corporate, acts as a principal or has, in the opinion of the Board, the power to exercise a significant influence over the gambling business of such company, close corporation or other body corporate, such company, close corporation, body corporate, shall also be disqualified from retaining, holding, obtaining or being granted a licence, provided that the Board may in its discretion grant an application for a licence notwithstanding the provisions of this section.

28 Licence applications

(1) Any application for the grant or renewal of a licence shall -

(a) be lodged in the manner and form determined by the Board,

(b) be accompanied by the documents and information determined by the Board and by the prescribed application fee or annual fee as the case may be, which shall not be refundable, and

(2) The applicant shall be liable for and pay the Board any reasonable costs incurred in connection with the publication and transmission of any notice contemplated in section 29(1).

CHAPTER IV

HEARINGS, INVESTIGATIONS AND ENQUIRIES

29 Representations by interested persons

(1) The Board shall, within 14 days after lodgement of an application for a licence, cause a notice of the application to be published -

(a) in the Provincial Gazette, in any official language, and

(b) in any newspaper circulating in the district in which the premises to which such application relates are situated, in any official language in which such newspaper is published.

(2) A notice contemplated in subsection (1) shall -

(a) contain the material particulars of the application,

(b) invite interested persons

(i) to lodge their written representations in relation thereto with the Board within one month from the date of such notice, and

(ii) to state in those representations whether or not they wish to make oral representations at the hearing of the application, and

30 Response by applicant to representations

(1) The applicant shall lodge his or her written response, if any, to any representations lodged in terms of section 29 with the Board within 1 (one) month of the date of the notice contemplated in sections 29(1).

(2) The Board shall, within 7 days after lodgement of any response contemplated in subsection (1), send by registered post or deliver a copy of such response to the persons who made the representations concerned.

31 Further information and oral representations

(1) An applicant, or any person who lodged representations as contemplated in section 29, may be required in writing to lodge with the Board within the period specified, such further information as may be reasonably necessary with a view to enabling the Board properly to consider the application, representations or response concerned.

(2) Where any person or local authority wishes to make oral representations at the hearing of the application as contemplated in section 29(2) (b) (ii), the Board shall -

(a) with due regard to whether the making of such oral representations will be in the interest of consideration of the application, grant or refuse the request, and

(b) inform the person concerned and the applicant in writing of its decision.

(3) No information shall be required in terms of subsection (1), and no request shall be granted in terms of subsection (2), where the information or representations concerned would amount only to general objections regarding gambling or the control thereof.

32 Application and representations to be open to public inspection

(1) Any application, representations, responses and further information lodged in terms of section 28 to 31 shall be open to public inspection by interested persons during normal officer hours of the Board.

(2) The Board shall, at the request of any interested person, and on payment of such fees as may be prescribed, furnish him or her with a copy of, or extract from, any such application, representations, responses or information.

(3) The Board may determine that -

(a) any document or information relating to the financial capacity of any person participating in an application, to the names of prospective employees or to the business plans of an applicant, shall not be open to public inspection, provided such information can be separated from the remainder of the application and is marked confidential,

(b) the identity of any person who lodged representations in relation to an application shall not be divulged to any other person.

33 Inspection of premises to which application relates

(1) The Board shall, on lodgement of an application for a licence -

(a) forthwith cause the premises to which the application relates to be inspected so as to determine the suitability thereof for the carrying on of the business to which the licence relates, and

(b) within 14 days after such lodgement, give notice of the application to the local authority or other competent authority concerned, to inspect the premises in order to ensure whether they comply with The requirements of any law relating to town planning and the health and safety of the public which applies to those Premises.

(2) The local authority or other competent authority shall, on receipt of a notice of the application, forthwith cause the premises to be inspected with regard to the matters contemplated in subsection (1)(b).

(3) On completion of an inspection contemplated in subsection (1) or (2), the inspector or authority concerned, as the case may be, shall furnish a report of such inspection to the Board.

(4) The Board shall send by registered post or deliver a copy of such report to the applicant.

34 Investigations and police report

(1) In order to determine whether or not a licence should be granted to an applicant, the Board may, subject to any other law, gather such information as it deems necessary from any source or person regarding the suitability of the applicant to hold such a licence under this Act.

(2) The Board shall, as soon as possible after receipt of an application for a licence, request the South African Police Service for a report from a police officer of or above the rank of inspector covering -

(a) particulars of any convictions recorded against any director in a case of a company, any member in the case of a close corporation or any other person in the case of a site operator licence or any person who will be involved in the business and in respect of whom the Board deems it necessary to obtain a police report, and

(b) such matters as may be prescribed.

(3) For the purposes of a report contemplated in subsection (2) the specified member of the South African Police Services may require the applicant or person concerned to furnish such information and particulars including any finger-print or palm-print as that member may consider necessary.

(4) A report contemplated in this section shall be furnished to the Board within 2 (two) months of the date of the request therefor.

35 Hearing of application

(1) The Board shall, within a prescribed period, hold a hearing in respect of every application for a licence received by the Board, on such a date and at such time and place as shall be determined by the Board,

(2) The provisions of section 29(1) shall mutatis mutandis apply in relation to such a hearing.

(3) At such hearing -

(a) the applicant shall be afforded an opportunity to be heard;

(b) any person or local authority permitted to make oral representations as contemplated in section 31(2) shall be afforded an opportunity to be heard, and

(4) Any such hearing may be adjourned and resumed on such date and at such time and place as the Board may determine.

36 Accessibility of hearing to public

(1) Any hearing contemplated in section 35 shall be accessible to the public.

(2) The person presiding at a hearing may -

(a) if the presence of any particular person is not conducive to the good order or conduct of the hearing, direct that such person may not attend, or shall leave the hearing, and

(b) if the Board is considering any matter contemplated in section 32(3)(a) or representations lodged by a person contemplated in section 32(2)(b), or if it is otherwise in the interest of the consideration of the matter concerned, direct that the public or any member or category thereof may not attend or shall leave hearing.

37 Witness and evidence

(1) For the purposes of any hearing or enquiry, the Board may in writing, summon any person who is or may be able to furnish information in relation to a particular matter to appear before it -

(a) to give evidence, or

(b) to produce any book document or thing which is in his or her possession or under his or her control and which relates or may relate to a matter to be considered at such hearing or enquiry.

(2) Compliance with the obligation to produce a book, document or thing in terms of the preceding subsection shall not deprive the holder of any lien claimed with regard to such book document or thing of any rights as lienholder.

(3) A person who has received a summons in terms of subsection (1) shall personally appear before the Board on the date and at the time and place set out in the summons: Provided that if such person is not competent so to appear, any person who by law is competent may so appear on his or her behalf.

(4) Every person summoned in terms of subsection (1) shall be bound to obey the summons, and any person who, having been duly summoned to attend a hearing or an enquiry of the Board, without sufficient cause, fails to attend personally or by a representative as set out in the proviso to subsection (3) at the time and place indicated in the summons or to remain in attendance, until excused by the chairperson from further attendance, shall be guilty of an offence.

(5) The Board may require any person testifying at a hearing or an enquiry to give evidence on oath or affirmation, and any person qualified to administer an oath or accept an affirmation in terms of the Justice of the Peace and Commissioners of Oaths Act, 1963, may administer the oath or accept an affirmation, from any such person.

(6) The law relating to privilege applicable to a person giving evidence or producing any book document or thing before a Court of Law shall apply in relation to the examination of any such person or the production of any book document or thing at a hearing or an enquiry held which is open to the public.

(7) Any person who appears before the Board at a hearing or an enquiry, whether as a party or a witness, shall be entitled to be represented by his or her legal representative.

(8) Any person who has been summoned in terms of this section or who has given evidence at a hearing or an enquiry shall be entitled to the same witness fees as if he or she had been summoned to attend or give evidence in a Court of Law.

(9) Any fees which may be payable in terms of subsection (9) shall be paid from the funds of the Board.

(10) The provisions of this section shall mutatis mutandis apply to any corporate body, organisation or institution.

38 Decision on application for licence

(1) The Board shall, subject to the provisions of section 26, and after having duly considered the application for a licence, any representations made in relation to the application, the applicant's written response thereto, if any, further information furnished in terms of section 31(1), the inspection and police reports contemplated in sections 33 and 34 respectively, and any other evidence tendered to the Board in terms of section 37 and after consultation with the Responsible Member

(a) grant the application,

(b) refuse the application, or

(2) The Board shall on request furnish the written reasons for its decision -

(a) to the applicant, where the application has been refused or has been granted subject to conditions, and

(b) to any person who lodged representations, where the application has been granted.

CHAPTER V

MISCELLANEOUS PROVISIONS PERTAINING TO LICENSING IN GENERAL

39 Duty to produce and display licences

(1) A licence holder, an employee of the licence holder or a person acting on behalf of the licence holder shall, on demand by an authorised officer, produce the licence concerned.

(2) Any licence holder, employee or person acting on behalf of the licence holder who fails to comply with the provisions of subsection (1) shall be guilty of an offence.

(2) A licence holder shall at all times prominently display his or her licence on the licensed premises.

40 New licence application, annual licence and investigation fees

(1) The new licence application fees as prescribed by the Board shall be paid by every applicant for a licence on submission of a new licence application.

(2) The annual licence and investigation fees as prescribed by the Board shall be paid by a licence holder annually before renewal thereof.

(3) No fee contemplated by this section shall be refundable.

41 Duration and renewal of licences

(1) A licence other than a temporary licence shall, subject to the provisions of this Act and the conditions under which it was granted, be issued for a period of twelve months and shall, subject to compliance with the provisions of this Act, be renewed annually by the Board on production of the licence for the preceding year and on payment of the annual licence fees determined by the Board.

(2) If a licence holder fails to renew his or her licence by the due date, the licence shall subject to section 88, lapse and the licence holder -

(a) shall cease the activities authorised by the licence, and

(b) may apply to the Board for a new licence in accordance with section 28

42 Conditions applicable to licences

(1) The Board may in respect of any licence, in addition to any other conditions contained in this Act or any other Law, impose such conditions as the Board considers appropriate, and may in particular include conditions -

(a) relating to the games that may be played,

(b) relating to the method of operation of any game,

(c) for the purpose of ensuring that the operation of any gambling accords with decency, dignity, good taste and honesty,

(d) requiring the keeping of books, accounts, records and other information relating to the operation of any gambling,

(e) requiring certain minimum standards in relation to the premises on which gambling is to take place,

(f) requiring the submission to the Board of such reports and returns relating to the operation of gambling as the Board may from time to time require,

(g) relating to the days on which and hours during which gambling may be carried on,

(h) relating to the installation and maintenance of surveillance systems and where in the opinion of the Board it is considered appropriate, requiring a licence holder to link any gambling device, associated system or accounting system to a central electronic monitoring system approved by the Board, and

(i) relating to the provision by the licensee of a guarantee, as determined by the Board, for the liabilities of the licensee.

(2) The Board may at any time suspend withdraw or amend any condition imposed under subsection (1) by notice delivered or tendered to the holder of a particular licence.

(3) Where the Board proposes to suspend, withdraw or amend any condition as contemplated under subsection (2), the Board shall serve a written notice on the licensee stating -

(a) that the Board proposes to suspend, withdraw or amend, as the case may be, any condition imposed under subsection (1),

(b) that the licensee may, within 30 days after the date of the written notice -

(i) make written representations about the matter to the Board, or

(ii) notify the Board in writing of his or her intention to make oral representations, and

(c) that the suspension, withdrawal or amendment shall take effect if the Board does not receive representations or notification.

(4) If, within the period mentioned in subsection (3)(b), the Board receives neither written representations nor written notification of the intention of the licensee to make oral representations, such suspension, withdrawal or amendment of a condition, as the case may be, shall take effect at the end of that period.

(5) Any condition imposed under subsection (1), or suspended, withdrawn or amended under subsection (2) in respect of a casino licence, site operator licence, independant site operator or route operator licence may not be effected retrospectively.

(6) The Board may, if any circumstances come to its notice which increase the risks relating to the settlement by the holder of a licence, of any liability contemplated in subsection (1)(i), require such holder to furnish guarantees other than or additional to any guarantee contemplated in that subsection.

(7) The period of validity of a licence shall, subject to payment of the appropriate annual fee as prescribed by the Board and subject to the relevant provisions of this Act, be as stipulated by the Board and recorded on the face of the licence.

43 Issue of licence and temporary licence in respect of incomplete premises

(1) Where an application has been granted as contemplated in section 38, the Board shall, subject to the provisions of subsection (2), cause a licence to be issued within one month after such granting to the applicant in the manner and form determined by the Board, setting out the conditions subject to which the application was granted.

(2) If the application for a licence is granted by the Board in respect of premises not yet erected or premises requiring any structural alteration, addition or reconstruction so as to make them suitable for the purpose for which they will be used under the licence, the Board may, upon being furnished with the required forfeitable guarantee, in its discretion issue a temporary licence to the applicant concerned, subject to compliance with such conditions or requirements relating to those premises stipulated in the temporary licence, within a period determined by the Board.

(3) The Board may at any time after the issue of such a temporary licence, on application by the applicant concerned -

(a) extend the period determined under subsection (2), or

(b) extend or further extend the period determined under subsection (2) or the period so determined and extended under paragraph (a) of this subsection, as the case may be, in respect of premises not erected at the time of the issue of the temporary licence, if the Board is satisfied that a substantial part of the premises has since been erected.

(4) A period determined under subsection (2) or the period so determined and extended under subsection (3)(a), as the case may be, shall not be longer than 24 months, and the period extended or further extended under subsection (3)(b), as the case may be shall not be longer than a further-24 months.

(5) When the Board is satisfied that the premises in respect of which a temporary licence has been granted under subsection (1) have been substantially completed in accordance with the plan thereof approved by the Board, the conditions and requirements determined by the Board have been complied with and the premises are suitable for the purposes for which they will be used under the licence concerned, the Board shall issue a permanent licence in substitution for the temporary licence concerned.

(6) If the licence is not issued before the expiration of the period determined under subsection (1), or extended under subsection (3)(a), or further extended under subsection (3)(b), as the case may be, the temporary licence shall lapse, the application for the licence shall be deemed not to have been granted and the guarantee referred to in subsection (2) shall be forfeited.

44 Transfer of licence

(1) The holder of a licence may at any time apply to the Board for the transfer of a licence to a prospective transferee.

(2) The provisions of Sections 29 to 38 of this Act shall, where applicable, mutafis mutandis apply in relation to an application contemplated in dubsection (1).

(3) The Board shall consult with the Responsible Member on the transfer of a licence.

(4) The Board may refuse or grant the transfer of such a licence.

45 Removal of business to other premises

(1) The holder of a licence may at any time make an application for the removal, whether permanently or temporarily, of the gambling business concerned, from the licensed premises to other premises.

(2) The provisions of Section 29 to 38 of this Act shall, mutatis mutandis apply in relation to an application contemplated in subsection (1).

(3) The Board shall consult with the Responsible Member on the removal of a licence to other premises.

(4) The Board may refuse or grant the removal of such business.

(5) When the application has been granted, the Board shall cause the premises to be amended on the licence.

46 Suspension and revocation of a licence

(1) The Board shall consult with the Responsible Member regarding the suspension or revocation of a specified licence.

(2) The Board may, after giving the licensee concerned an opportunity to be heard, suspend for a specified period or revoke a licence if -

(a) any information contained in any application made by the licence holder for the purpose of obtaining the granting, renewal, transfer or removal was, at the time when the information was furnished, false in any material respect or was subject to any material omission,

(b) the holder of the licence, or any person in control of the holder, or any manager of the business concerned has been convicted of an offence in terms of this Act,

(c) the holder of a licence or any person in control of the holder or any manager of the business concerned has become subject to any disqualification contemplated in section 26

(d) the licence holder, an employee of the licence holder or any other person acting on his or her behalf has failed to comply with any term or condition of the licence or any provisions of this Act, or has not complied with such term, condition or provision as prescribed by the Board or such further period as the Board may in writing allow, after delivery of the written notice by the Board to the licence holder-requiring such failure to be remedied,

(e) the licence holder fails to pay any prescribed fees in accordance with the provisions of this Act, or

(f) the licence holder fails to pay out any prize legitimately won through any gambling conducted under the licence.

(3) The Board may at any time rescind any order of suspension issued in terms of subsection (1) if the reasons for such suspension have been remedied to the satisfaction of the Board.

(4) The Board shall inform the licence holder in writing of any suspension or revocation of licence as contemplated in subsection (1).

(5) When the licence is suspended or revoked in terms of subsection (1), no licence fees or any portion thereof shall be refunded.

47 Death or disability of a licence holder

(1) When the holder of a licence dies or becomes disabled, his or her spouse, next of kin, personal representative or guardian shall immediately notify the Board of such death or disability.

(2) Where the interest held in a licensed gambling business by a deceased or disabled person passes by operation of law or otherwise to his or her estate or is entrusted to a curator or any other person, the executor or curator or any other person, as the case may be, shall with immediate effect apply to the Board for the appropriate licence.

(3) The Board may, in its discretion, authorise a person referred to in subsection (2) to continue the operation of the gambling business concerned pending the Board's decision on the application of licence.

(4) The provision of Section 29 to 38 of this Act shall, where applicable, mutatis mutandis apply to an application referred to subsection (2).

48 Liability for costs of and consent to hearings, investigations or enquiries

(1) Any person who submits an application under this Act, and any licence holder who is the subject of a hearing, an investigation or enquiry under this Act shall be liable for and pay to the Board in the prescribed manner all costs reasonably incurred by or on behalf of the Board in conducting any hearings, investigations or enquiries provided for in this Act.

(2) By submitting an application for a licence the applicant consents that the Board or any member or authorised officer thereof may conduct any hearing, investigation or enquiry in accordance with the provisions of this Act.

CHAPTER VI

CASINO AND AMUSEMENT MACHINE LICENCES

49 Additional considerations in disposing of application for casino licences

The Board shall, in addition to the considerations mentioned in chapter III, IV and V, when considering an application for or transfer of casino licence, and when considering any conditions and requirements to which any such licence should advisably be made subject, take into consideration -

(a) whether the casino will enhance the neighbourhood and environment,

(b) the extent to which the casino will promote tourism at the place where the premises will be situated,

(d) the extent to which the applicant will provide training and skills to its employees,

(e) the extent to which the applicant will procure labour, goods and services from such place and the Province in general for the construction and conducting of the casino,

(f) the extent to which the applicant intends to provide for participation in the ownership or profits of the casino by persons, previously disadvantaged by unfair discrimination,

(g) any facility, advantage or contribution which the applicant intends to provide or furnish for the benefit of, or for the utilisation or enjoyment by, any needy community at or near the place where the premises will be located, or any persons or groups or categories of persons contemplated in paragraph (f),

(h) the extent to which the granting of the licence will promote attainment of objects of reconstruction and development projects and programmes referred to in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994, and

(i) any other factors which may affect the question whether it is desirable to grant such application or attach any such condition or requirement.

50 Casino licence and the use of word "casino"

(1) No one shall conduct a casino without a casino licence.

(2) Any company that holds a casino licence shall include the word "casino" in all references to the company and its casino business and shall prominetly display the word "casino" on the exterior of the licensed premises.

(3) No corporate body shall trade or carry on a business as contemplated in this Act under a name or title in which the word "casino" forms part whilst such a corporate body is not a holder of a casino licence granted in terms of this Act.

(4) The granting of a casino licence shall, subject to any condition imposed under section 42, authorise the conducting and carrying on of such gambling games as may be set out in such licence, on the licensed premises concerned.

51 Amusement machine licence

(1) No one shall conduct amusement games without an amusement machine Licence.

(5) The Board shall grant authority for the installation of amusement games in the premises, which the Board deems suitable.

CHAPTER VII

BINGO, ROUTE OPERATOR, SITE OPERATOR AND INDEPENDENT SITE OPERATOR LICENCE

52 Bingo licence

(1) No person shall maintain premises where the game of bingo is played, without a casino licence or a bingo licence, whether or not any such game is linked as contemplated in subsection (2).

(2) No person shall, by any electronic or similar method of linking, link licensed premises to any other premises so as to provide for the game of bingo to be played at such other premises without a bingo licence in respect of such premises.

53 Route operator licence

(1) No limited payout machine shall be operated without a route operator licence and associated site operator licence.

(2) The route operator shall -

(a) be responsible for maintaining limited payout machines, and

(b) be responsible for effecting the collection of monies and paying the provincial levies in respect of limited payout machines under its licence.

(3) A route operator licence shall authorise, subject to any conditions which the Board may impose, the operation of approved limited payout machines in or on premises or parts of such premises licensed in terms of section 54.

(4) In considering applications for route operator licences, the Board shall take into consideration whether the granting of a licence will -

(a) enhance the immediate vicinity by promoting employment,

(b) result in the advancement of the skills of employees,

(d) contribute to the objectives of Reconstruction and Development

Programme as referred to in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994.

54 Site operator licence

(1) No one shall maintain premises in or on which limited payout machines are kept or operated without a site operator licence.

(2) A site operator licence is required for any premises in the Province in or on which limited payout machines are placed by the holder of a route operator licence.

(3) A site operator licence shall authorise, subject to any conditions which the Board may impose, the keeping and exposing for play in or on the licensed premises or part of such premises as specified in the route operator licence referred to in section 53.

(4) A site operator licence holder may only obtain limited payout machines from a licensed route operator.

55 Independent site operator licence

(1) No person shall operate limited payout machines on an independent site without an Independent site operator licence.

(2) The independent site operator shall be responsible for responsible for -

(a) maintaining the limited payout machines on site,

(b) effecting the collection of monies, and paying the provincial gambling levies due,

CHAPTER VIII

TOTALIZATOR LICENCES AND BOOKMAKER LICENCES

56 Totalizator licence

(1) The business of a totalizator or betting pool shall not be conducted without a totalizator licence.

(2) A totalizator licence shall, subject to any condition which the Board may impose, authorise the conducting of the categories of totalizators specified in the licence and at the premises specified in the licence.

(3) The holder of a totalizator licence shall conduct totalizators in accordance with rules made by the Board or by such holder and which have been approved by the Board.

(4) The Totalizator Agency Board (North West) which existed immediately prior to the date of commencement of this Act shall continue to exist under the same name.

57 Bookmaker licence

(1) A bookmaker licence is required by every person who, in the province, engages in the business of directly laying bets, other than totalizator-type bets, with members of the public or other bookmakers.

(2) A bookmaker licence shall attach to the premises specified in the licence.

(3) A bookmaker licence shall authorise, subject to any conditions which the Board may impose, the conducting of the business of a bookmaker in or on the premises by laying fixed odds and open bets, but not totalizator type bets.

CHAPTER IX

RACE COURSE AND RACE MEETING LICENCES

58 Race Course licence

A race course licence -

(a) is required for the conducting of horse racing on any authorized premises in the Province,

(b) shall attach to the premises specified in the licence, and

(c) shall authorise, the holding of race meetings on the premises specified in the licence, subject to any conditions which the Board may impose.

59 Race meetings and Horse Race meeting licence

(1) A horse race meeting licence is required -

(a) to hold, organise, arrange, attend or in any manner take part in or assist at a horse race, or

(b) to print, publish, possess, sell or offer for sale or in any manner circulate or distribute a race card, unless the relevant horse race takes place in the manner approved by the Board after consultation with the Responsible Member.

(2) The Board may, after consultation with the Responsible Member, issue to a racing club, a licence to hold so many race meetings per annum as specified in the licence on specified land which is in the lawful possession or occupation of the racing club.

(3) For the purposes of subsection (2), "racing club" means any association of persons, whether incorporated or unincorporated.

(4) No race meeting licence shall be issued to a racing club before the rules and regulations according to which a race meeting will be held by that club, have been approved by the Board.

(5) Any person who contravenes or fail to comply with the provisions of this Chapter shall be guilty of an offence.

CHAPTER X

REGISTRATION OF CERTAIN PERSONS

60 Registration of manufacturer, supplier or maintenance provider

(1) No person shall, without being appropriately registered and having paid the prescribed fees for such purpose -

(a) manufacture, assemble, maintain, repair, sell, distribute, acquire, or rent any -

(i) gambling device other than playing cards or dice, (ii) amusement machine which contains reels or a video depiction of reels similar to those in a gambling machine,

(iii) device which was manufactured as a gambling machine, and which has been converted any time, whether a player is capable of using such device to win a prize or not,

(iv) device which, but for the removal of certain of its parts or the reprogramming thereof, would constitute a gambling machine,

(v) amusement machine on which a player is able to play roulette, bingo, twenty-one, blackjack, chermin de fer, baccarat, poker, chine roulette, keno or games of similar type usually played on gambling machines or deviants thereof,

(vi) computer software used in connection with gambling or betting, or

(b) alter or otherwise modify any gambling device or any associated equipment in a manner that -

(i) affects the result by determining win or loss, or

(ii) alters or affects the normal criteria of random selection which determines the outcome of a gambling game.

(2) No application for registration shall be granted if the applicant is subject to any disqualification contemplated in sections 26 and 27.

(3) An application for registration shall be made to the Board in the prescribed form and stating the purpose for which registration is required and shall be accompanied by such documents, particulars or information as may be prescribed.

(4) The provisions of sections 29 to 38 shall, where applicable, mutatis mutandis apply in relation to an application for registration as referred to in subsection (1).

(5) Where the Board grants an application for registration, the Board shall issue to the applicant a certificate of registration for the respective purpose in the prescribed form.

(6) The Board may determine that any particular applicant shall be registered for a specified period and the period so specified shall be stated in the certificate of registration.

(7) A person who has been registered for a specified period may apply for the extension of such period and if the Board grants such extension, the Board shall amendake the certificate of registration.

(8) The Board shall keep and maintain a register of the names and prescribed particulars of persons to whom a certificate of registration has been issued in terms of this section.

(9) No person who holds a certificate of registration contemplated in subsection (5) and no key person or gambling employee of such a person shall participate in or play any gambling game in the Province: Provided that such a person may participate in such gambling if it is necessary for the performance of his or her duties in accordance with the provisions of this section.

(10) No person registered in terms of this section shall -

(a) possess more gambling devices than the Board has, on application approved to be in the possession of such person,

(b) supply or lease a gambling machine to or repair or modify a gambling machine for any person within the Province who does not hold an appropriate licence or is not registered in terms of section 60 (1): Provided that the provisions of this section shall not apply to a gambling machine being exported to a place outside the Province or which shall be removed from the Province immediately after such repairs or modifications,

(c) subject to paragraph (b) supply a gambling device other than a gambling machine or playing cards or dice to or repair or modify such a gambling device for any person other than a licence holder, a person registered in terms of section 60 (1) or a person authorized by the Board to conduct social gambling,

(d) allow or permit any person to use any gambling device or amusement machine in his or her possession to gamble while such gambling device or amusement machine is not on licensed premises, or

(e) repair or modify any gambling device which is required to be registered and is not so registered,

(11) The provisions of sections 29 to 38 shall, where applicable, mutatis mutandis apply to an application contemplated in this section.

61 Registration of key personnel employed in or associated with a gambling business

(1) Every executive or agent associated with a gambling business or any person in the employ of the holder of a licence issued under this Act who may exercise control over gambling operations in or any premises where gambling is conducted in the Province, is required to be registered in terms of this section.

(2) Persons employed in any of the following or substantially similar positions shall be registered as key employees for the purposes of this section:

(a) managers,

(b) supervisors,

(d) inspectors,

(e) surveillance personnel, and

(f) any other position considered by the Board to be that of a key employee generally or in relation to any gambling business in particular.

(4) The provisions of sections 29 to 38 shall, where applicable, mutatis mutandis apply in relation to an application for registration contemplated in subsection (1).

(5) Where the Board grants an application for registration, the Board shall issue to the applicant a certificate of registration for the respective purpose in the prescribed form.

(6) A person who has been registered for a specific period may apply for the extension of such period and if the Board grants such extension, the Board shall amend the certificate of registration.

(7) The Board shall keep and maintain a register of the names and prescribed particulars of persons to whom a certificate of registration has been issued in terms of this section.

(9) A licensee shall, within a specified period of termination of the employment of a key employee, notify the Board in writing of such termination and reasons therefor.

62 Registration of gambling employees

(1) Every person who, in the Province, is employed -

(a) at or by a gambling business, or

(b) by the holder of a manufacturer, supplier or maintenance provider registration certificate, and who is directly involved in the operation of a gambling business or the activities performed under a manufacturer, supplier or maintenance provider registration certificate, is required to be registered in terms of this section.

(2) Persons employed in any of the following or substantially similar positions shall be regarded as gambling employees for the purposes of this section:

(a) cashiers and ticket sellers,

(b) counting room personnel,

(d) machine mechanics, and

(e) security personnel.

(3) If the Board is of the opinion that an employee of any licence holder or holder of a certificate of registration is a gambling employee, it shall serve written notice to that effect upon the licence holder or holder of the registration certificate, as the case may be, by whom such employee is employed.

(4) The holder of a licence or registration certificate shall within the specified period of receipt of such written notice present to the Board an application in the prescribed form for the licensing of such an employee.

(5) The provisions of section 61 except for subsection (1) and (2) thereof shall, mutatis mutandis apply in relation to an application for registration contemplated in subsection (1).

63 Registration of junket agents

(1) Every person who is directly or indirectly involved in the planning, organisation or operation of a junket for or on behalf of the holder of a casino licence, is required to be registered in terms of this section.

(2) The certificate of registration for a junket agent shall authorise, subject to any conditions, which the Board may impose, the holder thereof -

(a) to enter into agreements with the holder of a casino licence to provide services to the casino, in or outside the Province, consisting of arranging complementary transport, food, lodging or similar benefits for persons or group of persons visiting the casino, and,

(b) to receive commission on, or share in, gambling profits or any other consideration raised by a junket in the Province as consideration for such services.

CHAPTER XI

APPOINTMENT OF INSPECTORS AND POWERS AND FUNCTIONS OF INSPECTORS

64 Appointment of inspectors

(1) The Board may appoint any person in its service or any other suitably qualified person as an inspector to perform, subject to the control and directions of the Board, any or all of the functions assigned to an inspector in terms of section 65.

(2) No person shall be deemed an inspector unless he or she has been so registered.

(3) No person shall be appointed as an inspector if he or she is subject to any disqualification contemplated in section 12(4).

(4) An inspector shall be furnished with a certificate of appointment signed by or on behalf of the chairperson of the Board in which it is stated that he or she has been appointed as an inspector under this Act.

(5) Whenever an inspector performs any function in terms of this Act, he or she shall have the certificate of appointment in his or her possession and shall produce it at the request of any person affected by the performance of that function.

(6) An inspector shall not accept any donation, reward or the benefit in connection with the performance of his or her functions from any person, and no person shall give or offer such donation, reward or benefit to an inspector.

65 Powers and functions of inspectors

(1) An inspector shall for the purpose of this Act -

(a) enter upon any licensed or unlicensed premises which are occupied or being used for the purposes of any gambling activities or any other premises on which it is suspected -

(i) that a casino or any other gambling activity is being conducted without the authority of a licence,

(ii) that persons are being allowed to play or participate in any gambling game or other gambling activities or to play any gambling machine, or

(iii) that any gambling machine or any equipment, device, object, book, record, note, recording or other document used or capable of being used in connection with the conducting of gambling games or any other gambling activity may be found, and may, after having informed the person who is deemed or appears to be in charge of the premises of the purpose of his or her visit, make such investigation or enquiry as he or she may think necessary.

(b) with regard to any premises referred to in paragraph (a) -

(i) require the production of any licence or written permission or authorisation to conduct gambling activities from the person who is in control of such premises,

(ii) question any person who is on or in such premises, and inspect any activities in connection with the conduct of any gambling activity,

(iii) examine or inspect any gambling machine, equipment, device, object, book record, note or other document referred to in paragraph (a) found on those premises and make a copy thereof or an extract therefrom,

(iv) inspect and examine all premises referred to in paragraph (a) or any premises where gambling devices or equipment are manufactured, sold, distributed, or serviced, wherein any records of such activities are prepared or maintained,

(v) inspect all equipment and supplies, in, about, upon or around such premises,

(vi) seize summarily and remove from such premises and impound any such equipment or supplies for the purposes of examination and inspection,

(vii) examine, inspect and audit all books, records and documents pertaining to licensed gambling operations,

(viii) seize, impound or assume physical control of any book, record, ledger, game device, cash box and its contents, conducting room or its equipment, or gambling operations, and

(ix) inspect the person, and personal effects present in any gambling facility licensed under this Act, of any holder of a licence or registration issued pursuant to this Act while that person is present in the licensed gambling facility,

(i) to point out any equipment, device or object referred to in that paragraph which is in his or her possession or custody or under his or her control,

(ii) to produce for the purpose of examination or of making copies or extracts, all books, records, note or other documents referred to in paragraph (a) which are in his or her possession or custody or under his or her control,

(iii) to provide any information in connection with anything which has been pointed out or produced in terms of subparagraph (i) or (ii), and

(d) seize and remove any gambling machine, equipment, device, object, book, record, note or other document referred to in paragraph (a) which in his or her opinion may furnish proof of a contravention of any provision of this Act or mark it for the purposes of identification.

(2) When performing any function in terms of subsection (1), an inspector may be accompanied by and avail himself or herself of the services of an assistant, interpreter or any police official.

(3) An inspector shall in respect of any provision of this Act or any regulations promulgated thereunder be deemed to have been appointed a peace officer in accordance with section 334 of the Criminal Procedure Act 1977 (Act No.5 1 of 1977), as amended for the purposes of section 40, 41, 44, 46, 47, 48, 49 and 50, of the said Act.

(4) The inspectorate is authorised to make administrative inspections to check for compliance by any applicant, licensee, registrant, subsidiary company or holding company with the provisions and regulations of this Act.

(5) The inspector shall -

(a) conduct continuing reviews of gambling operations through on-site observations and other reasonable means to ensure compliance with the regulations and provisions of this Act,

(b) conduct audits of gambling operations or any premises referred to in sections 65 (1) (a) and 65 (1) (b) (iv) at such times, under such circumstances, and to such extent as the Board shall determine, including reviews of accounting, administrative and financial records, management control systems, procedures and all records,

(c) notwithstanding any provision to the contrary contained in any other law, be entitled to request and receive information, materials and any other data from any licensee or registrant, or applicant for a licence or registration certificate under this Act,

(d) investigate violations of regulations and provisions of this Act, (e) receive and take appropriate action on any referral from the Board relating to any evidence of a violation of the regulations and provisions of this Act, and

(f) exchange fingerprint data with and receive criminal record from any legitimate law enforcement agency for use in the execution of his or her duties.

(6) To effectuate further the purpose of this Act, the inspector may, in accordance with constitutional requirements, obtain administrative warrants for the inspection and seizure of any property possessed, controlled, pledged or otherwise held by any applicant, licensee, registrant, subsidiary company or holding company.

(7) Issuance and execution of warrant for administrative inspection shall be in accordance with the Criminal Procedure Act, 1977, (No. 51 of 1977) as amended and without derogating from the generality of the aforegoing, a warrant shall be issued in accordance with the following procedure -

(a) by a magistrate or judge having jurisdiction in the area where the inspection or seizure is to be conducted, and

(b) upon an affidavit of a person duly designated and having knowledge of the facts alleged, sworn to before the magistrate or judge and establishing the grounds for issuing the warrant.

(8) If the magistrate or judge is satisfied that grounds for the application exist, or that there are reasonable grounds for believing that they exist, such magistrate or judge shall issue a warrant.

(9) The warrant shall -

(a) identify the area, premises, building, container or vehicle to be inspected,

(b) specify the purpose of such inspection,

(d) identify the item or types of property to be seized, if any, (e) state the grounds for the issuance and the name of the person or persons whose affidavit has been taken in support thereof,

(f) be directed to the person authorised to execute it,

(g) command the person to whom it is directed to inspect the area, premises, building, container or vehicle identified for the purpose specified, and where appropriate, shall direct the seizure of the property specified,

(h) be executed by day, unless the person issuing the warrant in writing authorises the execution thereof by night, and (i) be issued on any day and shall be of force until it is executed or is cancelled by the person who issued it, or if that person is not available by the person with like authority.

(10) The person executing a warrant under this section shall, after such execution, upon demand of any person whose rights in respect of any search or property seized under the warrant have been affected, hand to such person a copy of the warrant,

(11) The return of the warrant shall be prompt and shall be accompanied by a written inventory of any property seized.

(12) The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property is being seized, or in the presence of at least one credible person other than the person executing the warrant.

CHAPTER XII

GENERAL PROVISIONS RELATING TO GAMBLING MACHINES AND DEVICES

66 Gambling machine and devices to be registered

(1) No holder of a licence shall keep or maintain any -

(a) (i) roulette wheel,

(ii) roulette table,

(iii) blackjack table,

(iv) craps table,

(v) baccarat table,

(vi) punto banco table,

(vii) poker table,

(viii) a table used for playing a gambling game similar to or derived from a game contemplated in paragraphs (i) to (vii), (ix) gambling machine, or gambling devices,

unless the gambling equipment referred to in paragraphs (i) to (x) is registered with the Board.

(b) card used in connection with the playing of, bingo or any casino game which is not identical in form to a card which has on application been approved, registered or otherwise authorised by the Board, or game E-prom not approved, registered or otherwise authorised by the Board.

(2) Any holder of a licence who acquire or intends to obtain possession of a gambling device contemplated in subsection (1)(a) which has not been separately registered by the Board shall -

(a) where such a device is unregistered, obtain registration thereof, or

(b) where such device is registered, obtain transfer of the registration thereof,

(3) No person shall expose for play by the public or any part thereof a gambling device contemplated in subsection (1)(a) which has not been separately registered by the Board.

(4) An application for registration or transfer of registration shall be made in the manner determined by the Board.

(5) No person shall remove a registered gambling device from the licensed premises of a licence holder to whom such a device is registered unless -

(a) such a device is seized or attached in terms of this Act or any other law,

(b) such device is permanently removed from the Province,

(d) the registration of the gambling device has been transferred in terms of subsection (2), (e) such a device is inoperative to the satisfaction of the Board and the registration thereof is cancelled, or

(f) the Board has upon application in the manner determined by the Board, granted approval for such removal.

(6) No gambling device which does not meet the prescribed standards shall be -

(a) registered, or

(b) exposed for play

(7) For the purpose of this section, "gambling machine" shall include a limited payout gambling machine.

(8) Notwithstanding the provisions of this section, limited payout gambling machine shall be registered with the route operator concerned and may be removed -

(a) from a licensed site or the premises of such licensed route operator to a licensed site, or

(b) from a licensed site to the premises of such licensed route operator, if there was prior approval or authorisation by the Board prior to such removal.

67 Cheating and cheating devices

(1) No person shall -

(a) knowingly allow anyone to conduct or carry on cheating or to operate any cheating device or provide any person with information or with a device to cheat in any gambling game,

(b) knowingly conduct, allow or expose for play any gambling game played with cards which have, or with any gambling device which has, been marked, tampered with, placed in a condition or operated in a manner that tends to deceive the licensee, the players or public, or to alter the normal random chance of the gambling game, or to determine or alter the result of the gambling game, and

(c) knowingly make use of any counterfeit chip or token or contravene the rules of any gambling game or interfere in any way with any gambling device or any gambling device used for gambling with the intention of obtaining any direct or indirect pecuniary advantage, whether for himself or any other person.

(2) For the purposes of this section "cheating" also means -

(a) the alteration of the selection of criteria which determine the result of a gambling game or the amount or frequency of payment in a gambling game,

(b) the use of any scheme, arrangement, system or plan which the Responsible Member may from time to time by notice in the Provincial Gazette declare to be cheating, and

68 Electronic monitoring system for gambling machines

(1) The Board shall approve and register any electronic, computer or communications system or device which is designed so that it may be used or adapted to send or receive data to or from gambling machines in relation to security, accounting or the functioning of gambling machines, as a monitoring system for the purposes of this section.

(2) All gambling machines shall be linked to a central monitoring system referred to in subsection (1).

(3) No person shall link to any central electronic monitoring system a device which has not on application been approved and registered in terms of this section.

69 National requirements in relation to gambling machines and devices

(1) If in terms of an Act of Parliament -

(a) the make, model or type of any gambling machine, roulette wheel, gambling device, other apparatus or card contemplated in section 66 (1)(b) is required to be approved or licensed or otherwise authorised in terms of such Act, the Board shall not register any machine wheel, device, apparatus or card in terms of that section which is not of a make, model or type which has been so approved, licensed or authorised, and

(b) the manufacture, sale, lease, making available, distribution, import, marketing, maintenance or repair of any machine, wheel, device or apparatus contemplated in section 66 is restricted to persons who are approved, licensed or otherwise authorised in terms of such Act, the Board shall not register any person in terms of that section who has not been so approved, licensed or otherwise authorised.

(2) The South African Bureau of Standards mentioned in section 2 (1) of the Standards Act, 1993 (Act No 29 of 1993), and other accredited agencies contracted with the approval of the Ministry of Trade and Industry shall be agents for the Board in respect of standardisation, testing, analysis, calibration and certification of gambling machines, any electronic monitoring system or any other devices or systems used for the purposes of a gambling game or any other gambling activity.

CHAPTER XIII

RESTRICTIONS, LIMITATIONS, AND PROHIBITIONS RELATING TO GAMBLING IN GENERAL

70 Place of gambling and gambling debts settlement

(1) No person shall gamble or make a bet at any place other than on licensed premises.

(2) A gambling debt may only be settled at -

(a) licensed premises,

(b) a place authorised by the Board, or

(c) a place where a debt- is ordinarily paid in such circumstances when the debt is paid pursuant to a court order or the terms of settlement of legal proceedings instituted for its recovery.

71 Rules of gambling games and betting

(1) No gambling or betting shall be conducted otherwise than in accordance with the rules approved therefor.

(2) The holder of any licence shall, in respect of any gambling game or betting authorised by such licence for which no rules have been made by the Board, make rules relating to the playing of such gambling game or the conducting of such betting and submit such rules to the Board for approval.

(3) The rules of each gambling game or betting shall be displayed as prescribed, and a licence holder shall at the request of any player make available for examination a copy of the approved rules of any gambling game or betting.

72 Restrictions on gambling through agent and unlawful inducement to gamble

(1) No person shall

(a) act as agent for the holder of a licence for the purpose of gambling on a sporting event, whether or not for gain, or

(b) whether or not for gain, act as an intermediary between any holder of a licence and any other person for the purpose of gambling on a sporting event.

(2) No person shall, directly, give or undertake to give to any other person money or any other valuable consideration, other than the amount of a wager won by such other person, to induce that person to gamble on a sporting event.

(3) The provisions of subsection (1) shall not apply to a junket agent registered in terms of section 63 in respect of a particular casino.

73 Events and contingencies on which gambling take place and bets may be made

(1) Subject to the provisions contained in any Act of Parliament and the provisions of this Act or any law, a person may only gamble or bet on the result of -

(a) a gambling game

(b) a bingo game.

(d) a horse race, or

(e) a lawful sporting event.

(2) A person may only gamble or make a bet on the result of an event or contingency contemplated in subsection (1) with the holder of a licence who is authorised by such licence to gamble or take bets on the event or contingency concerned.

74 Restriction on gambling credit

Save as provided for by the regulations or rules of the Board, a licence holder or employee of a licence holder shall not directly or indirectly extend any credit to a player in respect of any gambling or betting.

75 Gambling debts enforceable

Any gambling debt lawfully incurred by a person in the course of gambling activity which is not in conflict with the relevant law shall, notwithstanding the provisions of Common law or any other law, be enforceable in law.

76 Restriction of gambling advertisement

A person may only advertise the business of a licence holder in the manner prescribed, and in accordance with this Act and National Gambling Act, 1996 (Act No 33 of 1996) as amended.

77 Prohibition of gambling by certain persons

(1) No person who is in any way concerned with the management, supervision, control or administration of a casino or any gambling game played at the casino shall directly or indirectly participate in such gambling game or in gambling at that casino or at any other casino operated by the same licence holder in the Province, save in so far as he or she may be required to do so by the nature of his or her employment in the operation of such gambling game so as to enable other persons to participate in the gambling game.

(2) No person under the age of 18 years shall -

(a) enter any area where gambling takes place,

(b) take part in any gambling or betting or handle or operate a gambling machine, or

(3) No licence holder or employee of a licence holder shall permit any person who is -

(a) under the age of 18 years, or

(b) subject to an order in terms of subsection (4) and which has been served on such licence holder in terms of subsection (5), to enter or remain in any area where gambling takes place or take part in any gambling or betting or to handle or operate a gambling machine.

(4) Where the court which has convicted a person of any offence is of the opinion that, by reason of the nature of the offence or the circumstances under which it was committed, it is desirable in the interest of public order, public morals or fair play that such person should not be permitted to enter any or specific premises licensed under this Act, the court may issue a written order prohibiting him or her from entering any such premises specified in the order for a period stated in the order.

(5) Where a court makes an order under subsection (4), the clerk of the court shall submit a copy thereof to the licence holder or licence holders named in the order.

(6) The holder of a licence or employee of such licence holder may -

(a) refuse to admit any person to the licensed premises,

(b) request any person who is in the licensed premises, to leave the premises,

(d) request any police officer to remove or assist in removing from the licensed premises any person who refuses or fails to comply with a request contemplated in paragraph (a) or (b).

78 Suitability of third parties

(1) The Board may prohibit a licensee from contracting with any supplier for the purchase of goods or services in terms of this Act, including the rental of premises, or with any lender, until such supplier or lender has obtained a certificate of suitability from the Board and paid the expenses of the Board relative thereto.

(2) The Board may at any time, after affording a supplier or lender an opportunity of being heard, revoke the certificate of suitability granted in terms of subsection (1), if in the opinion of the Board, supplier or lender is deemed to be no longer suitable.

(3) The provisions of sections 29 to 38 shall, where applicable, mutates mutandis apply to an application contemplated in subsection (1) or a revocation in terms of subsection (2).

79 Declaration of forfeiture

(1) Whenever any person is convicted of an offence under this Act, the court convicting him or her shall, in addition to any punishment which the court may impose in respect of the offence, declare -

(a) all monies, documents, books and records, gambling machines, devices or apparatus -

(i) by means of which the offence was committed,

(ii) which was used in the commission of an offence, or

(iii) which was found in the possession of the convicted person.

(b) any vehicle, vessel, aircraft, container or other object which was used -

(i) for the purpose of or in connection with the commission of the offence,

(ii) for the storage, conveyance, removal concealment of any money, documents, books and records, gambling machines, devices or apparatus by means of which the offence was committed or which was used in the commission of the offence, and which was seized under section 65(2)(d) or is in the possession or custody or under the control of the convicted person, to be forfeited to the Board.

(2) The provisions of section 35 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) a amended, shall mutates mutandis apply to anything forfeited in terms of this section.

80 Vicarious responsibility

(1) When a manager of the business to which the licence relates, or the agent or employee of the holder of the licence, does or omits to do any act which would be an offence in terms of this Act for the holder concerned to do or omit to do, that holder shall be deemed himself or herself to have done or omitted to do that act, unless he or she satisfies the court that -

(a) he or she neither connived at nor permitted the act or omission by the manager, agent or employee concerned,

(b) he or she took all reasonable steps to prevent the act or omission, and

(2) For the purpose of subsection (1)(b), the fact that the holder issued instructions whereby an act or omission of that nature is prohibited shall not in itself be sufficient proof that he or she took all reasonable steps to prevent the act or omission.

81 Books, accounts and records

The holder of a licence shall keep such books, accounts and records as may be prescribed and determined in the regulations and rules of the Board.

82 Offences and penalties

Any person who -

(a) contravenes or fails to comply with any provision of this Act or any regulation made under section 84 or rule made under section 85,

(b) makes any false statement in any application or return under this Act,

(d) on any licensed premises conducts gambling activity or keeps any gambling device which is not prescribed under this Act or conducts any prescribed gambling game otherwise than in accordance with the rules of such game,

(e) hinders or obstructs any police officer or inspector in the performance of his or her functions under this Act,

(f) gives an explanation or information to a police official or inspector which is false or misleading, knowing it to be false or misleading,

(g) falsley represents himself to be an inspector,

(h) without the consent in writing of the inspector or police official concerned, removes from the place, or tampers with, destroys or makes alterations to, anything seized by such inspector or police official in the performance of his or her duties under this Act,

(i) fails to comply with an order under section 77 (3) or knowingly permits such person to enter the licensed premises,

(j) having been summoned to give evidence at an enquiry under section 39 without sufficient cause fails to attend at the time and place specified in the summons, or to remain in attendance until the conclusion of the enquiry or until execused by the Board from further attendance, or to produce any book, document or thing in his or her possession or custody or under his or her control, which he or she has been summoned to produce,

(k) having been summoned under section 37 -

(i) without sufficient cause refuses to take the oath or to make an affirmation as a witness after he or she has been directed by the member of the Board or authorised person presiding at the enquiry to do so, or refuses to testify, or refuse or fails to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her, or

(ii) after having taken the oath or having made an affirmation, gives false evidence before the Board, knowing such evidence to be false, shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and imprisonment.

83 Reward for information supplied

The Board may, notwithstanding anything to the contrary in any other law, pay a reward to any person who has furnished information relating to an alleged contravention of a provision of this Act.

CHAPTER XIV

REGULATIONS, RULES OF THE BOARD, ANNUAL REPORT AND PUBLICATION OF INFORMATION ON GAMBLING ACTIVITIES

84 Regulations

(1) The Responsible Member may, in consultation with the Board, by notice in the Provincial Gazette make regulations regarding

(a) any matter pertaining to the Board,

(b) any matter pertaining to an application for licence,

(d) the take-out, commission or other charges which the holder of a licence may charge,

(e) any matter pertaining to gambling levies and fees,

(f) the authorised activities of route operators contemplated in section 53,

(g) the adjudication by the Board of gambling disputes and the enforcement against persons of orders made by the Board pursuant to such adjudication,

(h) any matter other than those mentioned in this subsection which in terms of this Act required or permitted to be prescribed, and

(i) in general, any matter which is considered necessary or expedient to be prescribed for achieving the objects of this Act.

(2) The Responsible Member shall not less than 21 days before any regulation is made under this section, cause the text thereof to be published in the Provincial Gazette together with a notice declaring his or her intention to make that regulation and inviting interested persons to furnish any comments thereon or any representations which they wish to make in regard thereto, to the Responsible Member.

(3) The provisions of subsection (2) shall not apply in respect of -

(a) any regulation which has been amended by the Responsible Member in consequence of comments or representations received in response to the invitation there mentioned, or

(b) any regulation in respect of which the public interest requires it to be made without delay.

85 Rules of the Board

(1) The Board may, in consultation with the Responsible Member, make rules not inconsistent with the provisions of this Act relating to the exercise of its powers and performance of its functions, including -

(a) any matter pertaining to an application for a licence,

(b) the management and control of licensed premises and gambling operations,

(d) any other matters relating to the functions of Board.

(2) The Board shall not less than 21 days before any rule is made under this section, cause the text thereof to be published in the Provincial Gazette together with a notice declaring its intention to make that rule and inviting interested persons to furnish any comments thereon or any representations which they wish to make in regard thereto, to the Board.

86 Annual report, financial statements and publication of information on gambling activities

(1) The Board shall, in accordance with the Public Finance Management Act, 1999 (Act No 1 of 1999) as amended, submit within five months of the end of a financial year to the Provincial Treasury, the Responsible Member and if the Auditor-General did not perform the audit of the financial statements, to the Auditor-General -

(a) an annual report on the activities of the Board during that financial year,

(b) the financial statements for that financial year, and

(2) The Board must submit the report and statements referred to in subsection (1), for tabling in the Provincial Legislature through the Responsible Member.

(3) The Provincial Treasury may direct that the audited financial statements of the Board must be incorporated in those of a department designated by the Treasury.

(4) The Board may publish general information or statistics on gambling and betting activities.

CHAPTER XV

GAMBLING LEVIES, FEES, PENALTIES AND INTEREST

87 Gambling levies, fees, penalties and interest

(1) All gambling levies, licence fees, penalties, interest and any other monies payable in terms of the provisions of this Act and all fines imposed in respect of offences under this Act, shall be paid to the Board for the benefit of the Provincial Revenue Fund and the Board shall monthly pay such amounts over to the Provincial Revenue Fund, furnishing such returns and information as the Provincial Treasury may require.

(2) All gambling levies, licence fees, penalties, interest and any other monies payable in terms of the Provisions of this Act, shall be a debt due to the Provincial Administration, and may be recovered in a Competent Court by the said Administration or by the Board on behalf of the Administration: Provided that the Board shall primarily be responsible for the collection of the said amount on behalf of the Provincial Administration.

(3) The Responsible Member may, with the concurrence of the Member of the Executive Council responsible for finance, by notice in the Provincial Gazette make regulations prescribing the matters in respect of which gambling levies and fees shall be payable and the tariffs relating thereto.

88 Penalty and interest for failure to pay gambling levy or fee when due

(1) If any licence holder who is liable for the payment of gambling levy or a fee fails to make such payment in the prescribed manner, the licence holder shall, in addition to such amount of gambling levy or fee, be liable for -

(a) a penalty equal to one percent of the unpaid amount of gambling levy or fee per day or part thereof: Provided that the maximum penalty shall not exceed one hundred percent of the said amount of gambling levy or fee, and

(b) where payment of the said amount of gambling levy or fee is made after the first day following the period allowed for payment of the tax or fee, interest on the said amount of gambling levy or fee, shall be calculated daily at the prescribed rate until the date on which payment is received by the Board.

(2) If the unpaid amount of gambling levy or fee remains outstanding for a period of forty-five days after the date when such gambling levy or fee became due or payable, the Board shall give the licence holder fourteen days written notice to effect payment of the said gambling levy or fee, and if such gambling levy or fee is not paid prior to the expiration of the said fourteen days, the Board may suspend or revoke the licence of the said licence holder.

(3) When the Board is satisfied that the failure on the part of any licence holder to make payment of the gambling levy or fee by due date was not due to an intent to avoid or postpone liability for the payment of gambling levy or fee, the Board may remit in whole or in part any penalty payable in terms of this section.

89 Agreements on gambling levies

(1) The Responsible Member may enter into an agreement with the Provincial government of any other Province whereby arrangements are made with that government with a view to -

(a) the regulation or co-ordination of any matter with regard to the levying and collection under this Act and the laws of such other Province of gambling levy or any similar tax, or

(b) the rendering of reciprocal assistance in the administration and collection of gambling levy or any similar tax under this Act and the laws of such other Province, or in respect to the execution of the arrangements provided for in any agreement entered into in terms of this section.

(2) As soon as may be possible after the conclusion of any such agreement, the arrangement thereby made shall be gazetted by both the Responsible Members in their respective provinces.

CHAPTER XVI

REVIEW TRIBUNAL

90 Decision or proceedings of the Board may lie to a review tribunal

(1) Any person aggrieved by the decision or proceedings of the Board may by way of review proceedings to be prescribed, submit him or herself before a review tribunal in the manner prescribed by the Board in concurrence with the Responsible Member.

(2) The aggrieved person shall as soon as is reasonably possible and not later than thirty days after the Board has given its decision, inform the Board in writing of his or her intention to institute review proceedings as contemplated in subsection (1).

(3) The review tribunal referred to in subsection (1) shall be consist of three members appointed by the Responsible Member as follows:

(a) an advocate or retired judge who shall for the purposes of the review proceedings in terms of this section be appointed as the presiding officer,

(b) one member designated by the National Gambling Board from the Staff of the said Board, and

(c) one member appointed on the basis of having either proven business a cumen, or who is otherwise suitable for appointment as a member of the tribunal.

(4) The procedure to be followed in connection with the hearing of the review lodged in terms of this section, shall be as prescribed.

(5) The aggrieved person may in person or through a legal representative appear before the review tribunal.

(6) The tribunal hearing the review under this section may:

(a) confirm or set aside the decision or proceedings of the Board, or

(b) remit the matter to the Board with an order to take a decision in accordance with the correct procedure, or

(d) such a decision as in its opinion ought to have been given by the Board and direct the Board to do everything necessary to give effect to that decision.

(7) Members of the tribunal who are not in the full-time employment of the State, shall be paid such remuneration and allowances as the responsible Member may from time to time determine with the concurrence of the Member of the Executive Council responsible for Finance.

CHAPTER XVI

TRANSITIONAL PROVISIONS AND SAVINGS, REPEAL OF LAWS, SHORT TITLE AND COMMENCEMENT

91 Transitional provisions and savings

(1) All licences issued in terms of any Act which is repealed by this Act, and any licence for the operation of a casino issued in terms of the Bophuthatswana Casino Act, 1977 (Act 19 of 1977) as amended and in force immediately before the date of commencement of this Act, including any transfers made in respect of some of those licences, shall be deemed to have been issued in terms of this Act after which the provisions of this Act shall apply in respect of such licences and transfers.

(2) Any person who at the commencement of this Act is so employed that he or she is required to be registered as contemplated in Chapter X may, for a period of 10 (ten) months after such commencement, or such further period as the Responsible Member may provide by means of a Regulation, continue to be so employed while not so registered.

(3) The Responsible Member may by means of regulations and/or proclamation in the provincial Gazette provide for such further transitional and saving provisions relating to the operation of any provision of this Act as are necessary or expedient in relation, but not limited, to considerations in connection with any operation conducted under a licence contemplated in subsection (1).

(4) The Board established in terms of the North West Casino, Gaming and Betting Act 1994 (Act No.13 of 1994), as amended, shall continue to exist and function as if established under the corresponding provision of this Act.

(5) Every person who immediately prior to the commencement of this Act held in terms of the North West Casino, Gaming and Betting Act, 1994 (Act No. 13 of 1994), as amended, the office of a member of the Board, shall be deemed to have been appointed by the Responsible Member in terms of the corresponding provision of this Act until March 2001: Provided that such members of the Board may become eligible for reappointment in accordance with the provisions of this Act.

(6) Any thing done under the provisions of the North West Casino, Gaming and Betting Act, 1994 (Act No. 13 of 1994), as amended, and which may be done under the corresponding provision of this Act, shall be deemed to have been done under the latter provision.

92 Repeal of laws

Subject to section 91, the laws mentioned in the schedule, hereunder, are hereby repealed to the extent set out in the third column of that schedule. ______

Number and year of law Short title of law Extent of repeal ______

Act No. 13 of 1994 North West Casinos, Gaming and The whole Betting Act, 1994 ______

Act No. 3 of 1996 North West Casinos, Gaming and The whole Betting Amendment Act, 1996 ______

Act No. 9 of 1997 North West Casino Gaming and The whole Betting Amendment Act, 1997 ______

Ord 24 of 1978 Horse Racing and Betting The whole in so (TVL) Ordinance, 1978 far as it applies in the province. ______

Ord 34 of 1968 Horse Racing and Betting The whole in so (Cape) Ordinance, 1968 far as it applies in the province. ______

93 Short title and commencement

(1) This Act shall be called the North West Gambling Act, (Act No of 2001) and shall come into operation on a date fixed by the Premier by proclamation in the Provincial Gazette

(2) Different dates may be so fixed in respect of different sections of this Act.

Act3of2001.txt NOTICE 144 OF 2001

It is hereby notified that the Premier has assented to the following Act which is hereby published for general information:

Act No. 3 of 2001: North West Provincial Appropriation Act, 2001

ACT

To appropriate an amount of money for the financial requirements of the North West Province during the financial year ending on the thirty-first day of March 2002, and to provide for incidental matters. (English text signed by the Premier on 11 April 2001)

(English text signed by the Premier assented to on 11 April 2001)

BE IT ENACTED by the premier and the Legislature of the Province of the North West as follows:

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for the financial year ending on 31 March 2002: Subject to the provisions of the Public Finance Management Act, 1999 (Act No. 1 of 1999, as amended), the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March 2002.

2. Short title: This Act shall be called the North West Provincial Appropriation Act, 2001.

Schedule to the North West Provincial Appropriation Act, 2001

SUMMARY OF ESTIMATES OF EXPENDITURE TO BE DEFRAYED FROM THE REVENUE FUND DURING THE FINANCIAL YEAR ENDING 31 MARCH 2002 ______Estimates of Expenditure ______Department Amount to Statutory Total be voted appropriation estimates of expenditure ______R R R ______Vote 1: Office of the Premier 25 725 - 25 725 ______Programme 1: Provincial management support and administration 11 994 - 11 994 Programme 2: Provincial policy and information management 7 866 - 7 866 Programme 3: Special policy coordination 5 312 - 5 312

Page 1 Act3of2001.txt Programme 4: Provision for improvement in condition of service 553 - 553 ______Vote 2: Office of the Legislature 17 690 15 522 33 212 ______Programme 1: Administration 12 759 - 12 759 Programme 3: Members' salaries - 15 522 15 522 Programme 4: Parliamentary Operations 4 931 - 4 931 ______Vote 3: Health 1 701 300 - 1 701 300 ______Programme 1: Administration 64 442 - 64 442 Programme 2: District health services 958 927 - 958 927 Programme 3: Provincial hospital Services 454 375 - 454 375 Programme 4: Health sciences 36 883 - 36 883 Programme 5: Health care support services 55 678 - 55 678 Programme 6: Health facilities and maintenance 89 278 - 89 278 Programme 7: Improvement of condition of service 41 717 - 41 717 ______Vote 4: Traditional & Corporate Affairs 87 336 - 87 336 ______Programme 1: Office of the MEC 2 000 - 2 000 Programme 2: Administration 8 376 - 8 376 Programme 3: Traditional leadership & Institution 26 593 - 26 593 Programme 4: Human resource development 17 444 - 17 444 Programme 5: Human resource management 6 294 - 6 294 Programme 6: Organisational development 3 971 - 3 971 Programme 7: Labour relations 1 671 - 1 671 Programme 8: Employee assistance Page 2 Act3of2001.txt programme 3 565 - 3 565 Programme 9: Misconduct unit 2 800 - 2 800 Programme 10: NW Communication Service 8 670 - 8 670 Programme 11: Improvement of condition of service 2 152 - 2 152 Programme 12: Legal services 2 700 - 2 700 Programme 13: Provincial events 1 100 - 1 100 ______Vote 5: Safety and Liaison 7 458 - 7 458 ______Programme 1: Administration 2 783 - 2 783 Programme 2: Ministerial services 1 169 - 1 169 Programme 3: Community police relations 946 - 946 Programme 4: Monitoring and oversight 506 - 506 Programme 5: Social crime prevention 489 - 489 Programme 6: Institutional transformation 410 - 410 Programme 7: Policing priorities 459 - 459 Programme 8: Liaison and control 452 - 452 Programme 9: Human care & development 60 - 60 Programme 10: Improvement of conditions of service 184 - 184 ______Vote 6: Economic Development and Tourism 86 766 - 86 766 ______Programme 1: Management & Administration 12 154 - 12 154 Programme 2: SMME support 12 101 - 12 101 Programme 3: Economic promotion services 4 391 - 4 391 Programme 4: Tourism development & capacity 2 625 - 2 625 Programme 5: Regulatory service 6 558 - 6 558

Page 3 Act3of2001.txt Programme 6: Project development 3 264 - 3 264 Programme 7: Coordination & Communication 2 230 - 2 230 Programme 8: Parks & Tourism Board 33 344 - 33 344 Programme 9: Invest NW 6 400 - 6 400 Programme 10: Gambling board 2 900 - 2 900 Programme 11: Improvement of conditions of service 799 - 799 ______Vote 7: Finance 112 523 104 460 216 983 ______Programme 1: Administration 11 125 - 11 125 Programme 2: Provincial accounting 15 852 - 15 852 Programme 3: Budget planning & implementation 8 960 - 8 960 Programme 4: Resource control 2 361 - 2 361 Programme 5: Revenue control & cash flow 5 516 - 5 516 Programme 6: Forensic accounting 5 505 - 5 505 Programme 7: Tender board 6 467 - 6 467 Programme 8: Internal audit 7 721 - 7 721 Programme 9: Information technology 43 540 - 43 540 Programme 10: Statutory payments 104 460 - 104 460 Programme 11: Macro financial Management 1 773 - 1 773 Programme 12: Department financial management 1 884 - 1 884 Programme 13: Improvement of conditions of service 1 819 - 1 819 ______Vote 8: Education 3 807 796 - 3 807 796 ______Programme 1: Administration 307 476 - 307 476 Programme 2: Public ordinary school education 3 079 841 - 3 079 841 Programme 3: Independent school Page 4 Act3of2001.txt Education 7 200 - 7 200 Programme 4: Special school education 57 957 - 57 957 Programme 5: Educator training 62 000 - 62 000 Programme 6: Technical college training 60 625 - 60 625 Programme 7: Non-formal education 47 300 - 47 300 Programme 8: Auxiliary and associated services 42 580 - 42 580 Programme 9: In-school sport 15 123 - 15 123 Programme 10: Improvement of conditions of service 127 694 - 127 694 ______Vote 9: Developmental Local Government and Housing 391 019 - 391 019 ______Programme 1: Human resource development 11 354 - 11 354 Programme 2: Finance 4 953 - 4 953 Programme 3: Ministry 4 976 - 4 976 Programme 4: Constitutional and legal matters 2 415 - 2 415 Programme 5: Development, planning, etc 30 691 - 30 691 Programme 6: Housing 277 463 - 277 463 Programme 7: Rural development 11 636 - 11 636 Programme 8: Local government 44 784 - 44 784 Programme 10: Improvement of conditions of service 2 747 - 2 747 ______Vote 11: Transport, Roads and Public Works 887 522 - 887 522 ______Programme 1: Administration 99 836 - 99 836 Programme 2: Transport service 198 055 - 198 055 Programme 3: Road safety and traffic 71 738 - 71 738 Programme 4: Roads service 183 256 - 183 256 Programme 5: Building service 111 333 - 111 333 Page 5 Act3of2001.txt Programme 6: Community based projects 28 000 - 28 000 Programme 7: Property and assets management 90 826 - 90 826 Programme 8: Government fleet 88 980 - 88 980 Programme 11: Improvement of conditions of service 15 498 - 15 498 ______Vote 12: Social Services, Arts, Culture and Sport 2 024 118 - 2 024 118 ______Programme 1: Management and administration 20 404 - 20 404 Programme 2: Regional coordination 2 011 - 2 011 Programme 3: District coordination 67 896 - 67 896 Programme 4: Arts, culture, languages and libraries 43 737 - 43 737 Programme 5: Camping sites 1 010 - 1 010 Programme 6: Social assistance 43 445 - 43 445 Programme 7: Social security 1 798 820 - 1 798 820 Programme 8: Social work programmes 9 833 - 9 833 Programme 9: Anti-poverty 2 000 - 2 000 Programme 10: Community development 2 053 - 2 053 Programme 11: Development and maintenance 2 000 - 2 000 Programme 12: Sport and recreation 26 912 - 26 912 Programme 13: Provisions for ICS 3 997 - 3 997 ______Vote 13: Agriculture, Conservation and Environment 252 726 - 252 726 ______Programme 1: Administration 35 169 - 35 169 Programme 2: Human resource management 7 474 - 7 474 Programme 3: Policy Planning, coordination and com 7 922 - 7 922 Page 6 Act3of2001.txt Programme 4: Technical support services 50 409 - 50 409 Programme 5: Entrepreneurial development 22 287 - 22 287 Programme 6: Development field services 71 562 - 71 562 Programme 7: Veterinary services 29 587 - 29 587 Programme 8: Environmental conservation management 17 773 - 17 773 Programme 9: Land use planning 3 778 - 3 778 Programme 10: Improvement of conditions of service 6 765 - 6 765 ______

Page 7 act4of2001.txt GENERAL NOTICES

NOTICE 143 OF 2001

It is hereby notified that the Premier has assented to the following Act, which is hereby published for general information:-

Act No. 4 of 2001: North West Land Administration

NORTH WEST LAND ADMINISTRATION ACT, 2001

To provide for the acquisition and disposal of land by the North West Provincial Government and for matters incidental thereto

PREAMBLE

It is reasonably necessary for, or is incidental to, the effective exercise of its powers concerning certain matters listed in Schedule 4 to the Constitution that immovable property be acquired by the North West Provincial Government, or that immovable property be disposed of by the said Government;

The North West Province is the repository of legislative powers incidental to the powers vested in it in terms of Schedule 5 of the Constitution;

The implementation of national or provincial legislation by the North West Provincial Government may require that immovable property be so acquired or disposed of:

(English text signed by the Premier) assented to on 26 June 2001

BE IT ENACTED by the Legislature of the North West Province, as follows:

1. Definitions

In this Act, unless the context otherwise indicates -

"acquire" includes the purchase, expropriation, exchange, receipt through donation or leasing of immovable property, the conclusion of any form of land availability agreement in respect of immovable property and the registration of a real personal right in respect of immovable property in favour of the North West Provincial Government and "acquisition" has a corresponding meaning;

"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

"current market value" means the economic value of provincial state land as reflected in a current valuation certificate issued by a sworn valuator less than twelve months prior to the disposal of that land;

"dispose" includes the sale, exchange, donation or letting of provincial state land (including the allocation of provincial state land free of charge for a period of time), the conclusion of any form of land availability agreement in respect of immovable property with any person and the registration of any real or personal right in respect of provincial state land, and "disposal" has a corresponding meaning;

"Executive Council" means the Executive Council of the North West Provincial Government referred to in section 132 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); Page 1 act4of2001.txt

"immovable property" includes any right in or over immovable property;

"Provincial Government" means the government of the North West Province which is recognised as a province of the Republic of South Africa in terms of section 103(1)(h) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and "North West Province" has a corresponding meaning;

"Premier" means the Premier acting in consultation with the other members of the Executive Council;

"provincial state land" means any immovable property which vests in the North West Provincial Government in accordance with the provisions of section 239(1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) and Item 28(1) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), together with any immovable property acquired by the Provincial Government pursuant to this Act;

"Registrar" means the Registrar of Deeds as defined in the Deeds Registries Act, 1937 (Act No. 47 of 1937);

"this Act" includes the regulations; and

"transferee" means any person who acquires provincial state land in terms of section 3.

2. Acquisition of immovable property

(1) The Premier may subject to the provisions of subsection (3), acquire immovable property on such terms and conditions he or she deems fit.

(2) Immovable property acquired in terms of subsection (1) must be registered in the name of the Provincial Government.

(3) The provisions of subsection (1) do not constitute an exemption from complying with any obligation imposed in terms of any registered condition of title.

(4) The procedure provided for in terms of the Expropriation Act, 1975 (Act No. 63 of 1975) shall apply mutatis mutandis to the expropriation of land under subsection (1), and in the case of acquisition of land by means of expropriation, a reference in the said Act to-

(a) "Minister" shall be construed as a reference to the Premier, or the relevant member of the Executive Council or the relevant officer to whom the power referred to in subsection (1) had been assigned by the Premier under section 9.

3. Disposal of provincial state land

(1) The Premier may subject to the provisions of subsections (2) and (3), dispose of provincial state land on such terms and conditions as he or she deems fit.

(2) The Premier shall publish in the Provincial Gazette and in a newspaper circulating in the Province a notice calling upon interested parties to submit, within 21 days of the date of the said notice, any representations which they wish to make regarding such proposed disposal: Provided that the afore going provision does not apply to any disposal concerning the leasing of provincial state land for a period not exceeding twelve months without an option to renew. Page 2 act4of2001.txt

(3) The Premier shall, in addition to the notices to be published in terms of subsection (2), cause to be delivered to-

(a) the occupants, if any, of the provincial state land to be disposed of;

(b) the chief executive officer of the local government for the area in which the provincial state land to be disposed of is situated;

(d) the North West Provincial Head of Department of the Department of Agriculture, if the provincial state land is applied or intended to be applied for agricultural purposes; and

(e) any other Head of Department which enjoys an interest in the relevant Provincial State land, a copy of the notice referred to in subsection (1), and must advise those persons that they may, within 21 days of receipt of such notice, make written representations regarding the proposed disposal.

(4) (a) The notices referred to in subsections (2) and (3) must include the following information regarding the provincial state land concerned:

(i) the full title deed description of such land, including the title deed number, the administrative district in which the provincial state land is situated and, if applicable, the nature of any right in or over such land;

(ii) the current zoning of such land, and

(iii) the actual current use of such land.

(b) The notice referred to in paragraph (a) must include an office address at which full details concerning the provincial state land in question and the proposed disposal may be obtained.

(5) Notwithstanding the provisions of section 2, in respect of immovable property owned by the Province, where a certificate is produced by a competent authority as contemplated by item 28 (1) of the Constitution, which certificate states that immovable property is owned by the province, a registrar of deeds shall make such entries or endorsements in or on any relevant register, title deed or other document to register that immovable property in the name of that government.

(6) No duty, fee or other charge is payable in respect of a registration in terms of subsection (1).

4. Pre-emptive right of Provincial Government

(1) When the Premier disposes of provincial state land, he or she may, and if the said land is disposed of at less than that land's current market value, he or she shall impose a condition to the effect that neither the transferee, nor the successors in title of the transferee shall alienate such immovable property within a period a 5 (five) years or such longer period as the Premier may determine, from the date of registration of the immovable property into the name of the transferee who acquired such land, unless it has first been offered for sale to the Provincial Government.

(2) Any such offer shall be made in writing and shall be accepted or rejected by the Premier within a period of 60 (sixty) days after receipt Page 3 act4of2001.txt thereof.

(3) If such offer is accepted, the purchase price shall be determined-

(a) by agreement between the Premier and the transferee; or

(b) if the Premier and the said transferee are unable to come to an agreement within a period of 60 (sixty) days after the acceptance of the offer, by an arbitrator appointed by agreement between the Premier and the said transferee, or failing agreement, by an arbitrator appointed by the Premier, and the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), shall mutatis mutandis be applicable.

(4) The Premier may upon application exempt a transferee from a condition imposed under subsection (1), if he or she is satisfied that special circumstances exist, which justify such an exemption.

(5) The Registrar shall at the request of the Premier-

(a) make such endorsement on the title deed of the immovable property and such entries in his or her registers as may be necessary to indicate that a condition referred to in subsection (1) applies in respect of such immovable property; and

(b) cancel any such endorsement and entries where an exemption has been granted under subsection (4) in respect of such immovable property.

(6) No transfer of immovable property in respect of which a condition referred to in subsection (1) applies, shall be passed to a person other than the Provincial Government, unless a certificate issued by the Premier to the effect that such immovable property has been offered for sale in terms of the said subsection and the offer has been rejected, is produced to the Registrar.

5. Land Capital Account

There is a Land Capital Account within the North West Provincial Revenue Fund, into which shall be paid the proceeds of any disposal of provincial state land in terms of this Act, and such proceeds may be utilised only in respect of capital expenditure.

6. Provincial state land register

(1) The Premier shall ensure the establishment and maintenance of a consolidated register of all provincial state land, which shall be accessible to the public subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), and shall contain the following information regarding such land:

(a) The administrative district in which such land is situated;

(b) the title deed description, including the title deed number of such land;

(d) the provincial department or departments responsible for the control of the use of such land; and

(e) the purpose for which such land is applied or is intended to be applied by the department referred to in paragraph (d). Page 4 act4of2001.txt

(2) The Premier shall within 90 days after the financial year end submit an annual report to the North West Provincial Legislature, which report shall contain the following information:

(a) The details of formal offers received from members of the public to acquire provincial state land, and

(b) the details of all disposals of provincial state land, including-

(i) a full description of the provincial state land disposed of;

(ii) the extent of the provincial state land disposed of;

(iii) the names of the transferees;

(iv) the purchase price, if any, payable in respect of the provincial state land disposed of;

(v) the current market value of the provincial land disposed of;

(vi) any restrictive conditions imposed in respect of the provincial state land disposed of;

(vii) the purpose for which such land was applied prior to the disposal and, if available, the current or intended purpose for which such land is to be applied; and

(viii) the sum total of the payments received from the period of the report for such disposals.

(3) Notwithstanding the date of the commencement of this Act, the Premier shall submit to the North West Provincial Legislature a report contemplated by subsection (2) for the period 27 April 1994 to 31 March 2001 within 6 months from the commencement of this Act.

7. Provincial state land not subject to acquisitive prescription

Notwithstanding any rule of law to the contrary, provincial state land shall not be capable of being acquired by any person by prescription.

8. Execution of documents

If immovable property or provincial state land is acquired or disposed of in terms of section 2 or 3, the Premier shall sign or authorise a person to sign on behalf of the Provincial Government all the documents required by law to effect the transfer of the immovable property or provincial state land concerned.

9. Assignment and delegation of powers and duties

(1) The Premier may, subject to such conditions as may be determined, either generally or in regard to specific immovable property or provincial state land or in a specified case, assign to a member of the Executive Council any power or duty conferred or imposed upon the Premier by or under this Act.

(2) A member of the Executive Council may, either generally or in regard to specific immovable property or provincial state land or in a specified case, delegate a power or duty assigned to such member in terms of subsection (1) to an officer in the service of the North West Provincial Page 5 act4of2001.txt Government.

(3) Notwithstanding the provisions of subsections (1) and (2), the duty imposed upon the Premier in terms of section 6(2) may not be assigned or delegated.

10. Regulations

The Premier-

(a) shall make regulations regarding the norms and standards, including procedures, applicable to the acquisition, exchange, disposal and letting of provincial state land, the demolition of buildings on provincial state land, and donations of provincial state land; and

(b) may make any other regulations considered necessary or expedient for the achievement of the purpose or objectives of this Act.

11. Validation of acts

Any transaction in relation to provincial state land which occurred after 27 April 1994 and prior to the commencement of this Act and which would have been lawfully undertaken but for the lapsing of powers of attorney or the absence of delegated authority to either the Premier, a member of the Executive Council or any officer in the service of the North West Provincial Government is deemed to have been lawfully effected.

12. Short title

This Act is called the North West Land Administration Act, 2001.

Page 6 Act5of2001.txt GENERAL NOTICE

NOTICE 244 OF 2001

It is hereby notified that the Premier has assented to the following Act which is hereby Published for general Information.

Act No. 5 of 2001: N.W.P. Council on Aids Act, 2001.

PROVINCIAL COUNCIL ON AIDS ACT

To provide for the establishment of Provincial Council on AIDS for purposes of addressing the HIV/AIDS epidemic in the Province; to enable the Council to manage and to co-ordinate HIV/AIDS programmes; and to provide for incidental matters. (English text signed by the Premier on 23rd October 2001)

PREAMBLE

Whereas the prevalence of HIV/AIDS epidemic in the North West Province and the whole country is a very serious issue;

Whereas the HIV/AIDS epidemic poses a serious danger to the fabric and well being of the populace.

Whereas numerous strategies and campaigns have been embarked upon to curb me epidemic.

Whereas it is necessary to mobilize all resources in the whole of the Province to combat the epidemic.

AND WHEREAS it is expedient to pass legislation for the establishment of a Provincial Council on AIDS.

NOW THEREFORE BE IT ENACTED by the Legislature of the North West Province as follows;

1 Definitions: In this Act, the following shall have the meanings assigned to them;

"AIDS" means Acquired immune Deficiency Syndrome

"Committee" means the Management Committee appointed in terms of Section 10 of this Act.

"Chief Executive Officer" means an officer appointed in terms of Section 15(1)(a) of this Act

"Council" or "PCA" means the North West Provincial Council on AIDS established In terms of section 2 of this Act.

"District AIDS Council" means council established in terms of Section 18 of this Act

"Government" means the government of the North West Province

"House of Traditional Leaders" means the House of Traditional Leaders established in terms of the House of Traditional Leaders for the Province of the North West Act, 1994 (Act 12 of 1994).

"HIV" means the I lumen Immunodeficiency virus

"Legislature" means the North West Legislature established in terms of Page 1 Act5of2001.txt Section 104 of the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996).

"Local AIDS Council" means Council established in terms of Section 18 of this Act.

"Organised Local Government" means an association established in terms of the Local Government: Municipal Structures Act, 1998 (Act 108 of 1998).

"PFAMA" means the Public Finance Management Act, 1999 (Act 1 of 1999) as amended.

"Premier" means the premier of North West Province.

"Province" means the North West Province established in terms of Section 103(1) of the Constitution Act, 1996 (Act 108 of 1996)

"STD's" means Sexually Transmitted Infections; and STD's shall have corresponding meaning

"This Act" includes any regulation made under this Act.

"Youth Commission" means the North West Youth Commission constituted in terms of the North West Youth Commission Act, 1994 (Act 14 or 1994) as amended.

2. Establishment of the Provincial Council on AIDS (PCA)

(1) There is hereby established a juristic person to be known as the North West Provincial Council on Aids (PCA) which shall under that name be a body corporate, and for the purpose of exercising and performing its powers, functions and duties under this Act, be capable in law to sue and to be sued; to acquire and hold and alienate movable and immovable property: and to performing any other acts and doing such other things as bodies corporate may by law do and perform, subject to the provisions of this Act.

3. Functions of the Council

(1) The functions of the Council shall be to:

(a) advise the Government on HIV/AIDS/STD's and related matters;

(b) guide and monitor activities of District and local AIDS Council;

(c) monitor and coordinate implementation programmes and strategies of the Provincial multi-sectoral response to the epidemic;

(d) provide overall guidance on the implementation of the National HIV/AIDS/STIs strategic plan and other related matters;

(e) ensure periodic review of the Provinces HIV/ AIDS/STIs strategic plan and other related matters;

(f) mobilise resources for the implementation of HIV/AIDS programmes and strategies in the Province at community level; and

(g) recommend appropriate research around HIV/AIDS

(2) In carrying out the objectives set out in (1) above, the PCA shall, where reasonably practically possible, involve all sectors of society in the:

Page 2 Act5of2001.txt (a) implementation of response programmes and strategies for the prevention of HIV/AIDS; and

(b) minimising of the impact of HIV/AIDS on me Province.

4. Composition of the Council

(1) (a) The Council shall consist of not less than thirty (30) and not more than forte, (40) persons who shall be appointed by the Premier on such terms and conditions as shall be decided by him or her.

(b) One official from each of the provincial departments of a rank not lower than a Deputy Director and designated by the member of me Executive Council responsible for that Department, shall be a member.

(i) the chairperson of the Youth Commission;

(ii) a representative from, organized local government;

(iii) a representative of the House of Traditional Leaders;

(iv) a representative from each of the political parties represented in the legislature; and

(v) the Chief Executive Officer

(d) a representative from each of the category of members of the community as shall be determined by the Premier.

(2) The Premier shall cause the name of every person appointed as a member of the Council and the period for which he or she has been appointed to serve in the Council to be published in the Provincial Government Gazette, and/or any electronic or print media that are widely available in the Province.

5. Appointment of members of the Council

(1) Representatives mentioned in section 4(1)(d) shall be appointed by the Premier from nominees made by members of the category determined by the Premier in terms of that section.

(2) The Premier shall, by notice in the provincial gazette and/or any electronic and print media that are widely available in the Province, as soon as reasonably practically possible after:

(a) the commencement of this Act;

(b) the expiry of the term of office of me representatives appointed in terms of section 4(1)(a); or

(c) one or more vacancies in the Council have arisen; call for the nominations of persons for the purpose of appointing a member or members, as the case may be, to the Council.

(3) Any notice in terms of section 5(2) shall:

(a) state the number of persons to be appointed, and the maximum number of nominations to be received from persons entitled to make the nominations;

(b) determine the qualifications, conditions, procedures and form of Page 3 Act5of2001.txt any nominations;

(d) state the last day upon which nominations are to be received

6. Disqualification of membership and vacation of office

(1) No person shall be appointed as a member of the Council if he or she;

(a) is an unrehabilitated insolvent.

(b) is mentally incompetent

(d) has been convicted of any criminal offence, and has been sentenced for imprisonment term of not less than twelve months without the option of a fine during the last three years.

(2) Not-withstanding the provisions of section 6(1)(c), the Premier may allow any person to become a member of the Council if in his or her opinion there exists good and sufficient reasons for doing so.

(3) A member of the Council shall vacate his or her office is he or she,

(a) becomes subject to any disqualification in terms of sub-section (1)

(b) by written notice resigns as a member.

(d) is designated as a member of national parliament, provincial legislature or local government.

7. Termination of membership

(1) A member shall vacate his or her office if he or she ceases to hold any qualification for his appointment, or is removed from office in terms of subsection (2)

(2) The Premier may, after consultation with the Council, terminate the membership of any member of the Council if in 0a or her opinion there exists good and sufficient reasons for doing so.

(3) If the office of any member becomes vacant before the expiry of his or her term of office, the vacancy so arising shall be filled by the appointment, by the Premier, of a member, for the unexpired period of the vacating members term of office.

B. Term of office of members of the Council

(1) The term of office for a member of the Council appointed in terms of section 4t1)(d) shall be two years subject to possible extension for a further term.

(2) Any extension of tenure of office in terms of sub-section (1) shall be made by me Premier, if in his or her opinion there exist good and sufficient reasons for doing so, for such period as is necessary to ensure Page 4 Act5of2001.txt continuity and efficacy of the Council.

9. Chairperson of the Council

(1) The Premier shall, from amongst the members appointed in terms of section 4(1), designate one of them as chairperson of the Council.

(2) The chairperson may delegate in writing any of his or her functions to any member of the Management Committee of the Council.

(3) The chairperson shall ensure that the Council prepares and submits a quarterly report to the Premier on all its activities.

10. Management Committee of the Council

(1) The Premier shall, within thirty (30) days from the first meeting of the Council, and on the recommendations of the Council, determine the number of persons who shall constitute the Management Committee of the Council, which number shall not be less than five and not more than ten.

(2) The Committee envisaged Under sub-section (1) shall consist, amongst others, of a member from organized local government, a senior official from provincial Department of Health and a medical practitioner dealing with the clinical management of HIV/AIDS cases.

(3) The Chief Executive Officer and the Chairperson of the Council shall be members of the Management Committee.

(4) The Chairperson of the Council shall also serve as chairperson of the Management Committee.

(5) The members of the Management Committee, other than any member who is in the full-time service of the State shall, in connection with the performance of their functions and duties as members of the Management Committee, be paid such remuneration and allowances and be entitled to such perquisites as the Premier, in consultation with the Member of the Executive Council responsible for Finance, may from time to time determine: Provided that a member shall be compensated on a basis determined by the Premier for all travelling and other expenses necessarily incurred in connection with the business of the Council and meetings of the Committee.

(6) The Premier shall, after consultation with the Council, determine the conditions of service of the appointed members of the Management Committee

(7) The Management Committee shall:

(a) determine its own procedures and frequency of the meetings;

(b) guide the Chief Executive Officer in carrying out his or her duties as set out in section 16.

11. Meetings of the Council

(1) The meetings of the Council shall be held quarterly and at such place and time as shall be determined by the Management Committee.

(2) Notwithstanding the provisions of subsection (1), the first meeting of the Council shall be hold within sixty (60) days after the passing of this Act and at such place and time as shall be determined by the Premier.

(3) (a) The chairperson may:

Page 5 Act5of2001.txt (i) at any time; and

(ii) upon written request of two-thirds (2/3) majority of the members of the Council call for an extraordinary meeting of the Council, if in his or her opinion it is justified by the prevailing circumstances to do so; Provided that he or she obtains a written Consent of the Premier to convene such a meeting.

(4) The Chairperson shall prescribe the procedure of meetings of the Council.

(5) The quorum for any meeting of the Council shall be fifty percent plus one (50 % +1) of the number of the serving members: Provided however that for any resolution or decision to be taken, simple majority (fifty percent plus one) of the members of the Council present at the meeting shall suffice.

12. Committees of the Council and co-option of persons

(1) The Council may, with the consent of the Premier, divide itself into as many committees as it deems necessary for the execution of its functions in terms of this Act

(2) If the Council is of the opinion that a particular person or persons can assist the Council in the consideration of a particular matter. the Council may co-opt that person or persons for such a purpose.

(3) A co-opted person or persons shall not be entitled to vote at any meetings of the Council.

(4) Any committee constituted in terms of sub-section (1) shall:

(a) be convened and chaired by a person appointed by the Council;

(b) determine frequency of its meetings in consultation with the Chairperson of the Council;

(d) make recommendations and proposals which shall be submitted for consideration and adoption by the Council as its resolutions

13 Patronage of the Council

(1) The Premier and the Member of the Executive Council responsible for Health matters shall be patrons of the Council and the Premier may further, after consultation with the Council, designate goodwill ambassadors for the Council at provincial level.

(2) The chairpersons of the District Councils and Executive Mayors and Mayors shall be patrons at district and local government levels

(3) The patrons shall attend the meetings of the Council at its invitation and may address the Council but shall not participate in the deliberations, nor he entitled to vote at any such meetings.

14. Allowances of members of the Council

A member of the Council who is not a member by virtue of his or her ex officio capacity shall be entitled to such allowances for traveling and subsistence expenses incurred by him or her in the performance of his or Page 6 Act5of2001.txt her functions and duties under this Act, as the Premier In consultation with the Member of the Executive Council responsible for Finance, may from time to time determine.

15. Staff of the Council

(1) The Council shall, in the exercise of its powers and performance of its functions be assisted by:

(a) the Chief Executive Officer who shall be appointed by the Premier, on the basis of his or her professional, technical, special or other qualifications, expertise or experience, and on such terms and such conditions as the Premier, after consultation with the Council, may determine;

(b) such other persons as the Management Committee, in consultation with the Premier, shall deem required for the carrying out of the functions and duties in terms of the provisions of this Act, and

(c) officers or employees of State placed at the disposal of the Council in accordance with section 15(3) (a) of the Public Service Act 1994 (Act 103 of 1994) as amended.

(2) The staff of the Council who are not in the full-time service of the State shall receive such remuneration, allowance, and other employment benefits out of the funds designated for the Council, and shall be appointed on such terms and conditions and for such periods as the Council may determine.

16 Functions of the Chief Executive Officer

The functions of the Chief Executive Officer shall be to

(a) manage the funds made available to the Council in pursuance of the objects of this Act.

(b) raise funds for the Council.

(d) assist all sectors in addressing HIV/AIDS issues.

(e) perform all other functions that may be delegated to him or her by the Council and the Management Committee.

(f) prepare financial and other reports of the Council.

17. Funds of the Council

(1) The funds of the Council shall consist of moneys transferred from the Office of the Premier and which funds have been budgeted for the achievement of the objects of this Act.

(2) The Council shall, for the purposes of the transfers contemplated in subsection (1), submit to the Accounting Officer of the Office of the Premier, in a prescribed format, a breakdown of the anticipated income and expenditure of the Council for the ensuing financial year.

(3) The Chief Executive Officer shall be the Accounting Officer for the Council and shall perform accounting responsibilities in accordance with the provisions of the PFMA.

(4) Notwithstanding the provisions of sub-section (3), the Council Page 7 Act5of2001.txt shall:

(a) cause to be kept' full proper records of financial affairs in accordance with the generally accepted accounting standards and norms;

(b) prepare financial statements for each financial year in accordance with the generally recognized accounting practices;

(d) cause to be opened with a registered financial institution, an account for deposit of all moneys received in teens of the provisions of this section: Provided that any money which at the close of the Council's financial year stands to the credit of the Council, shall be carried forward to the next financial year

(5) The Council may accept any moneys or goods donated to the Council by any source and shall deposit those moneys into the banking account of the council

(6) The Council shall cause to be kept in a register, a record of all non-pecuniary donations and pledges made to the Council.

(7) The financial year of the Council shall begin on the 1st day April of any year and on the last day of March the following year.

18. District and Local AIDS Councils

(1) The Council may establish District and Local AIDS Councils, whose borders shall be in accordance with the demarcations made in terms of the provisions of the Local Government: Municipal Demarcation Act 1998 (Act 27 of 1998).

(2) District and Local AIDS Councils shall:

(a) be constituted by such members as may be determined by the Council from time to time.

(b) carry out activities as may be delegated to them by the Council, and

19. Sub-Committees of the District and Local AIDS Councils.

The District and Local AIDS Councils may establish any ad hoc committees that they deem necessary for the execution of duties and functions entrusted to them by the Council in terms of me provisions of this Act.

20. Resolutions and Quorum of District and Local AIDS Councils

The District and Local AIDS Councils shall unless determined otherwise by the Council:

(1) have at its meetings a quorum of hall the total number of its members; and

(2) adopt each resolution by simple majority.

21. Annual Report Page 8 Act5of2001.txt

(1) The Premier shall table a report of the activities of the Council for the previous financial year, at the legislature before the end of September of each year.

(2) Notwithstanding the provisions of sub-sector (1), the Standing Committee of the Legislature may call upon the Chief Executive Officer of the Council or the Accounting Officer of the Department to report on such matters as it may deem necessary.

22. Regulations

The Premier may, by notice in the Provincial gazette or any other appropriate print media, make regulations relating to any matter which is required or permitted by this Act.

23. Dissolution of the Council

(1) The Council shall be dissolved by a legislative Act.

(2) In the event of the liquidation of the Council, its assets and liabilities, it any, shall accrue to the State.

24 Savings

Any act done or performed by the Council since its inception, which was done in pursuance of the objectives of this Act before coming into operation of this Act, shall be deemed to have been done in terms of the provisions of this Act:

Provided that the Council shall, at the meeting referred to in section 11(2), have ratified such act.

25. Short title and commencement

1. This Act shall be called the North West Provincial Council on Aids Act, 2001, and comes into operation on a date to be fixed by the Premier in the Provincial Gazette.

2. The Premier may fix different dates far different sections of this Act to come into operation.

Page 9

Page 1 of 3

NORTH WEST ADJUSTMENTS APPROPRIATIONS ACT

No. 1 of 1997

To appropriate an adjusted amount of money for the requirements of the Province in respect of the financial year ending on the thirty-first day of March, 1997, and to provide for incidental matter. (English text signed by the Premier on 19 February 1997).

BE IT ENACTED by the Premier and the Provincial Legislature of the North-West Province as follows:-

Appropriation of adjusted amounts of money for requirements of North-West Province.

1. Subject to the provisions of the North-West Provincial Exchequer Act, 1994 (Act 4 of 1994), there is hereby appropriated out of the Provincial Revenue Fund for the requirements of the Province in respect of the financial year ending on the thirty-first day of March, 1997, the adjusted amounts of money shown in the Schedule to this Act.

How moneys to be applied.

2. The moneys made available by this -Act shall be applied to the services specified opposite the amounts shown in the Schedule to this Act, which services are more particularly specified in the Estimates of Additional Expenditure as submitted to and approved by the Provincial Legislature, and to no other purpose. Short title.

3 . This Act shall be called the North-West Provincial Adjustment Appropriation Act, 1997.

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Schedule

Additional Estimates of Expenditure to be

defrayed from the North West Provincial Revenue

Fund during the year ending 31 March 1997

Vote Department Column 1 Column 2 Total

R'000 R'000 R'000

1 Premier 11, 870 - 11,870

2 Legislature - -

93,100

3 Health 87,100 6,000

4,071

3.1 Developmental Social Welfare 4,071 -

10,747

4 Provincial Service Commission 10,747 -

1,070

5 Safety and Security 1,070 -

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6 Tourism and Environmental Affairs - -

32,988

7 Finance and Economic Affairs 32,988 -

331,247

8 Education, Sport, Arts and Culture 331,247 -

38,078

9 Local Government, Housing & Plan 38,078 -

58, 834

10 Transport & Civil Aviation 58,834 -

56, 162

11 Public Works and Roads 56,162 -

27,787

12 Agriculture 27,787 -

TOTAL 659,954 6,000 665,954

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NORTH WEST HEALTH, DEVELOPMENTAL SOCIAL WELFARE AND HOSPITAL GOVERNANCE INSTITUTIONS ACT, 1997 24/3/97

No. 2 of 1997

ACT

To create health, developmental social welfare and hospital governance institutions in the North-West Province; to define the composition, powers, functions of such institutions; the appointment of members of those institutions and their remuneration; to repeal certain laws and to provide for incidental matters. (English text signed by the Premier on 24 March 1997).

BE IT ENACTED by the Premier and the Legislature of the Province of the North

West as follows :

CHAPTER 1

DEFINITIONS

1 . In this Act, unless inconsistent with the context :

"community meeting" means a meeting of people residing within the territorial jurisdiction of a forum called in terms of section 3 of this Act;

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"forum" means a forum established in terms of Section 2;

"Gazette" means the North West Provincial Gazette;

"health and developmental social committee' means a district health and

developmental social committee established in terms of Section 6;

'hospital' means hospital owned by or under the management or control

of the Government of the Province of the North West;

"hospital board" means a hospital board established in terms of Section 1 5;

"Legislature"' means the legislature of the Province of the North West, established in terms of the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996);

"it responsible member" means the member of the executive council

responsible for health and developmental social welfare in the province;

'territorial jurisdiction' means the community area specified by the

Responsible member in terms of section 2(2); and

"this Act" includes the regulations made thereunder.

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CHAPTER 2

COMMUNITY HEALTH AND DEVELOPMENTAL SOCIAL WELFARE

GOVERNANCE

Establishment of community health and developmental social welfare areas and

constitution of community forums

2.(1) The responsible member may establish such community health and developmental social welfare areas and in respect of such areas may establish such community health and developmental social welfare forums as he or she deems fit.

(2) When the responsible member constitutes a forum in terms of sub-section

(1) he or she shall :

(a) determine the number of members of such forum;

(b) specify the community area for which such forum is constituted.

Members of the forums

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3.(1) The Forum shall consist of at least ten and not more than twelve members appointed by the responsible member from nominees named by persons resident- within the area to be served by the Forum.

(2) (a) The responsible member shall as soon as may be reasonably practicable -

(i) after the commencement of this Act; or

(ii) after the expiration of the term of office of the members

of the Forum; or

(iii) after one or more vacancies have arisen in the Forum

by notice in the Gazette call for the nomination of persons for the purpose of

appointing a member or members (as the case may be) to the Forum.

(b) I Any notice in terms of paragraph (a) of this sub-section -

(i) shall state the number of persons to be appointed and the maximum number of nominations to be received from anyone entitled to make a nomination;

(ii) shall, subject to the provisions of this Act, determine the requirements, conditions, procedures and form of any nomination in terms of this section;

(iii) shall specify the name and address of every person entitled to receive nominations on behalf of the responsible member; and

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(iv) shall state the last day upon which nominations shall so

be received.

(3) (a) Notwithstanding the provisions of subsection (2) of this section the Responsible member shall, together with the local council or district council within the Forum's territorial jurisdiction convene a community meeting to make nominations for members of the Forum.

(b) The community meeting referred to in subsection (2-) shall be chaired by a person designated by the Responsible member.

(d) The chairperson- of the community meeting must inform the . Responsible member about the nominations made in terms of this section. -

(4) The members of the Forum shall, at the first meeting of the Forum and thereafter as the occasion demands, from their own number, elect a Chairperson and a vice-Chairperson for such period as the Forum may from time to time determine : Provided that the Chairperson shall be elected from among the community representatives appointed in terms of sub-section (1)(a).

(5) Whenever the Chairperson of the Forum is absent or incapacitated

or refuses or fails to act, the vice-Chairperson shall preside at the meetings of the Forum and exercise and perform the powers and functions and duties of the Chairperson.

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Powers, functions and duties of forums

4. The powers, functions and duties of the Forum shall, subject to the provisions of this Act be

(a) when directed by the responsible member to investigate and consider any matter referred to it in terms of this Act and make recommendations in regard thereto;

(b) to investigate administrative queries in respect of hospitals, clinics, and other health centres within its territorial jurisdiction, and make recommendations to the responsible Member;

(c) to investigate service delivery problems in respect of hospitals, clinics and other health centres within its territorial jurisdiction, and make recommendations to the responsible Member;

(d) to nominate representatives to the District Health and Developmental Social Welfare Board and to the Hospital Boards.

Terms of office and allowances of members of the forum

5.(1) The members of the Forum appointed in terms of Section 3 shall, subject to the provisions of subsection (2) of this Section, remain in office for a period of two years, where after they shall be eligible for re- appointment.

(2) (a) A member of the Forum shall vacate his or her office if he or she ceases to qualify in terms of Section 1 7 (which section shall apply mutatis mutandis)

(b) The responsible member may at any time terminate the appointment of a member if, in his or her opinion

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there exists good and sufficient reason for doing so.

(3) If the office of any member appointed becomes vacant before the expiration of his or her term of office, the vacancy so arising shall be filled by the appointment by the responsible member of another member to the Forum.

(4) A member of the Forum who is not in the full-time service of the State, shall be entitled to such allowances for travelling and subsistence expenses incurred by hi - m or her in the performance of his or her functions and duties under this Act, as the responsible member, in consultation with the member of the executive council responsible for finance may determine.

(5) The hospitals, clinics and other health centres within the territorial jurisdiction of the Forum must avail their facilities to the Forum for the execution of its functions.

CHAPTER 3

DISTRICT HEALTH AND DEVELOPMENTAL SOCIAL WELFARE GOVERNANCE

Establishment of district health and developmental social committees

6.(1) The responsible member may constitute such district health and social development welfare committees for each provincial health and social development welfare district and may assign a name to any such committee.

(2) When the responsible member constitutes a committee in terms of

sub-section (1), he or she shall -

(a) determine the number of members of such committee;

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(b) specify the health and social development welfare district for which

such committee is constituted. -

Powers, functions and duties of committees

7. The powers, functions and duties of a committee shall, subject to

provisions of this Act be -

(a) to investigate, make recommendations and advise the District Health Manager, District Developmental Social Welfare Manager as the case may be concerning -

(1) the coordinated Management of all primary health care and social development service programmes and institutions in the province;

(ii) the preparation, development and presentation of the budget for recurrent

expenditure to the province;

(iii) the financial requirements of the district with regard to recurrent and capital expenditure;

(iv) the procurement of pharmaceutical and surgical supplies through the provincial tender system;

(v) the appointment, evaluation, discipline and promotion of staff at district level;

(vi) the purchasing of services from independent providers

within the district;

(b) - to investigate, report and make recommendations to the province on any dispute or grievance by an individual or groups concerning access to health and social development services; and

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(c) to perform and exercise all other such functions, duties and powers as the responsible member may from time to time entrust to it.

Members, alternate members of Committee

8.(1) The Committee shall consist of the following members -

(a) six community representatives appointed by the responsible member from nominees named

by Community Health and . Developmental Social Welfare Forums established within the district in accordance with the provisions of any notice contemplated in

sub-section (2);

(b) one representative from each of the health and medical professional

regulating bodies operating within the province;

(c) two representatives appointed by the responsible member from the persons nominated by the health non- governmental bodies in accordance with the provisions of any notice contemplated in subsection (2);

(d) two representatives appointed by the responsible member from the persons nominated by Developmental Social Welfare non-governmental bodies in accordance with the provisions of any notice contemplated in sub-section (2);

(e) the district health manager ex officio;

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(f) - one hospital manager from each of the hospital within the province;

(g) the Chairperson of the district hospital boards ex officio; and

(h) one representative from each of the local authorities within the district.

(2) (a) The responsible member shall as soon as may be reasonably

practicable -

(i) -after the commencement of this Act; or

(ii) - after the expiration of the term office of the members of

the Committee or of any member or members thereof;

or -

(iii) after one or more vacancies have arisen in the

Committee;

by notice in the Gazette call for the nomination of persons for the purpose of appointing a member or members (as the case may be) to the Committee in terms of paragraphs (a), (c) and (d)of sub-section (1) or, as the case may be, in terms of any one or more of such paragraphs. -

(b) Any notice in terms of paragraph (a) of this sub-section -

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(i) shall state in respect of which of the classes of members, as contemplated by sub-section (1)(a), (c) and (d), nominations are invited for the purpose of appointing a person to the Committee in terms of subsection (1) and specify the number of persons to be so appointed and also specify the maximum number of nominations to be received from any one entitled to make a nomination in respect of the class of member in question;

(ii) shall, subject to the provisions of this Act, determine the requirements, conditions, procedures and form of any nomination in terms of this section;

(iii) shall specify the name and address of every person entitled to received nominations on behalf of the responsible member; and

(iv) shall state the last day upon which nominations shall be received.

(3) A member of the Committee referred to in subsection (1)(e), (f), (g) (h) and (1) may, with the consent of responsible member, designate another person in the service of the Department to act in his or her stead as an alternate member of the Committee, and any alternate member of the Committee so appointed or designated may attend any meeting of the Committee and participate in the proceedings thereat, whenever the member in respect of whom he or she has been appointed or designated as an alternate member, is absent from such a meeting or incapacitated for any reason.

(4) The members of the Committee shall, at the first meeting of the Committee and

thereafter as the occasion demands, from their own number, elect a Chairperson and a vice-Chairperson for such period as the Committee may from time to time determine. The Chairperson shall be elected from among the community representative appointed in terms of sub-section (1)(a).

(5) Whenever the Chairperson of the Committee is absent or incapacitated or

refuses or fails to act, the vice-Chairperson shall preside at the meetings of the Committee and exercise and perform the powers, functions and duties of that Chairperson.

Terms of office and allowances of members of the Committee -

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9.(1) - The members of the Committee, shall, subject to the provisions of subsection (2) of this section, remain in office for a period of two years, where after they shall be eligible for re-appointment.

(2). A member shall vacate his or her office if he or she ceases to hold any qualification necessary for his appointment.

(3) The responsible member may at any time terminate the appointment of any member if, in his or her opinion there exists good and sufficient reason for doing so.

(4) If the office of any member becomes vacant before the expiration of his or her term of office, the vacancy so arising shall be filled by the appointment, by the responsible member of another member to the Committee in terms of that section.

(5) A member of the Committee who is not in the full-time service of the State, shall be entitled to such allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions and duties under this Act, as the responsible member in consultation with the member of the executive council responsible for finance, may from time to time determine.

Sub-committees of the Health and Developmental Social Welfare Committee

District -

1 0.(1) The Committee may, in consultation with the responsible member establish sub-committees consisting of particular members of the Committee only or of persons who are not such members, or both such members and such other persons, to inquire-into and advise the Committee in relation to or in connection with any such matters as fall within the scope the functions and duties of the Committee in terms of this Act, and may likewise extend, enlarge, limit or dissolve any such sub-committees.

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(2) A member of any sub-committee established under subsection (1), excluding any such member in the full-time service of the State and any member of the Committee entitled to allowances in terms of section 4 (5), shall be entitled to Such allowances for travelling and subsistence expenses incurred by him/her in the performance of his or her functions and duties as such a member, as the responsible member in consultation with the member -of the executive council responsible for finance, may from time to time determine.

Meetings of Committee and quorums

1 1.(1) The first meeting of the Committee shall be held on such date and at such time and place as may be determined by the responsible member, and thereafter meetings shall be held at least four times in every year on a date and time and place determined by the Chairperson during a meeting of the Committee.

(2) The quorum for any meeting of the Committee shall be at least one third of all the

members of the Committee as at the date of the meeting: Provided that there shall be a quorum of members appointed in terms of Section 3.

Decisions, acts and proceedings of Committee not invalidated in certain

circumstances -

12. The decisions, acts and proceedings of the Committee shall not be rendered invalid or unlawful by reason only of any vacancy occurring therein as contemplated by section 9 (3) or of any defect or irregularity in the appointment of a member or by reason of the disqualification of any member of the Committee.

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Secretary of Committee -

1 3. The responsible member shall designate an officer in the service of the Department to perform the functions and duties of the secretary of the Committee.

CHAPTER 4

HOSPITAL GOVERNANCE

Health and Welfare Institutions Governance

14.(1) The responsible member may constitute such boards as he or she may deem necessary in respect of Provincial and specialized hospitals, orphanages and old age homes, and may assign a name to any such board.

(2) When the responsible member constitute a board in terms of sub-

section (1), he or she shall -

(a) determine the number of members of such-board; and

(b) specify the provincial hospital or hospitals for which such

board has been constituted.

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Members, alternate members of the board

1 5.(1) The board shall consist of the following members who shall not exceed 18 in number and the majority of whom shall be members appointed in terms of paragraph (a) of this subsection -

(a) community representatives appointed by the responsible member from the persons nominated by Community Health Forums in accordance with the conditions of any notice contemplated by sub-section (2);

(b) one representative from each of the local authorities in the health and developmental social welfare district;

(c) one lay expert having business and/or financial background appointed by the responsible member from nominations submitted by the general public in accordance with the conditions of any notice contemplated by sub-section (2);

(d) a health and welfare institution manager in respect of which the board is constituted;

(e) District Health Manager ex Officio;

(f) District Developmental Social Welfare Manager ex Officio;

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(g) a representative of the staff of the hospital or hospital in respect of which the board is constituted elected by the staff of such hospital or hospitals; and

(h) one representative appointed by the responsible member from persons nominated by health non- governmental organisations with the health developmental social welfare district. Provided that ex officio members shall exercise the same voting rights as other members of the

boards.

(2) (a) The responsible member shall as soon as may be reasonably practicable-

(i) after the commencement of this Act; and

(ii) after the expiration of the term office of the members of

the board or of any member or members thereof; and

(iii) after one or more vacancies have arisen in the board;

by notice in the Gazette call for the nomination of persons for the purpose of appointing members or a member (as the case may be) to the board in terms of paragraphs (a), (c) and (d)of sub-section (1) or, as

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the case may be, in terms of any one or two of such paragraphs.

(b) Any notice in terms of paragraph (a) of this sub-section -

(i) shall state in respect of which of the classes of members, as contemplated by sub-section (1)(a), c and (d), nominations are invited for the purpose of appointing a person to the board in terms of sub-section (1) and specify the number of persons to be so appointed and also specify the maximum number of nominations to be received from any one entitled to make a nomination in respect of the class of member in question;

(ii) shall, subject to the provisions of this Act, determine the requirements, conditions, procedures and form of any nomination in terms of this section;

(iii) shall specify the name and address of every person entitled to received nominations on behalf of the responsible member; and

(iv) shall state the last day upon which nominations shall be

received.

Rights, powers, duties and functions of boards

16.(1) A board may -

(a) make recommendations to or advise the management of any hospital, for which such board has been constituted, on matters affecting hospitals and on the means and methods-whereby the control, regulations, administration or management of provincial hospitals may be improved;

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(b) consider the suitability and efficiency of senior officers on the staff of any hospital for which such board has -been constituted and make recommendations to the hospital management in regard thereto;

(c) make recommendations to management of the hospital for which it has been established on the formulation and - implementation of policy and strategy;

(d) when authorized thereto by the responsible member, collect donations and expend the moneys so collected under the direction of the responsible member and subject to such instructions as he or she may from time to time give, and notwithstanding anything to the contrary contained in this Act such money shall not form part of the Provincial Revenue Fund;

(e) make recommendation and advise the hospital management on:

(i) the erection of hospital building and maintenance programmes;

(ii) the purchasing of equipment;

(iii) fair employment policies;

(iv) the resolution of employment disputes;

(v) development of human resources policies;

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(vi) the appointment of senior managers and clinicians, their remuneration and other conditions of their employment.

(2) A board shall -

(a) In relation to every hospital for which it has been constituted,

furnish comments and make recommendations to the responsible member, through the medium of the management of such hospital, on all matters, reports, documents or recommendations submitted to it for consideration and relating to -

(i) annual estimates of revenue and expenditure;

(ii) the expenditure of capital funds;

(iii) financial statements and reports of the Provincial Auditor;

(iv) the appointment of senior managers and clinicians;

(v) the creation of additional posts on the staff of such hospital;

(vi) the erection, extension and alteration of buildings;

(vii) maintenance of buildings and equipment;

(viii) the standardization of equipment, buildings and procedures;

(ix) the entering into contracts;

(x) regulations;

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(xi) any complaint by a patient, a member of the public or a private medical practitioner

(xii) economy and efficiency; or

(xiii) the general activities of such hospital;

(b) at least once in every three months, calculated from the first day of any year, inspect every hospital for which such board has been constituted and report to the responsible member thereon;

(c) advise the management of every hospital for which such board has been constituted or responsible member on any other matter submitted to it by such hospital management or the responsible member as the case may be;

and

(d) exercise such other functions and carry out such other duties as the responsible member may from time to time determine.

(3) The responsible Member shall, within fourteen days after receipt of the documentation reports or recommendations referred to in subsection (2) table it in the Legislature if the Legislature is in session or, if the Legislature is not in session, within fourteen days after it is in session.

Qualifications of members of boards.

1 7.(1) The following persons shall not be qualified to be appointed as

members of a board or, if members of a board, of continuing to be members:

(a) any person under the age of twenty-one years;

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(b) any person who is of unsound mind and has been so declared - by a competent court or judicial officer;

(d) any person who has at any time been convicted of an offence for which he or she has been sentenced to imprisonment without the option of a fine unless he or she has received a free pardon, or unless such imprisonment has expired at least three years prior to the date of his or her appointment; or

(e) any person who is interested (otherwise than as a member of an incorporated public company) in any contract made for or on behalf of any hospital for which the board of which he or she is a member or a prospective member has been constituted, if the value of such contract exceeds in any single case the sum of R 1 0 000.00 or, in the case of more than one contract, R20 000.00 in any financial year : Provided that nothing in this paragraph contained shall be deemed to be a disqualification where the contract is approved and considered to be desirable in the public interest by the responsible member or where such contract is in respect of the professional services of a medical practitioner.

Period of office of members of boards

18. All members of boards shall hold office for a period of two years from the date of their appointment : Provided that the members appointed by the responsible member for the first time to a new board constituted in terms of the provisions of this Act shall hold office as follows:

(a) one-half of a period of one year;

(b) one-half of a period of two years;

Provided further that in the case of a member appointed to fill a casual vacancy, such appointment shall in every case be for the unexpired period of office of the member in whose place the appointment is made.

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When office of member becomes vacant

19.(1) Whenever a member of a board becomes disqualified in terms of

section 1 7 or -

(a) if he or she dies: or

(b) resigns his or her office by writing under his or her hand delivered to the

Chairperson of the board or to the person designated as secretary to the board by the responsible member; or

his or her office shall be declared vacant by the Chairperson of the board who shall report the fact to the responsible member and the responsible member shall, subject to the provisions of sections 1 7 and 1 8 appoint a member to fill

such vacancy.

Termination of office of members of boards, appointment of provisional boards, and appointment of persons to exercise or carry out rights, powers, duties or functions of boards.

20.(1) The responsible member may, notwithstanding anything to the contrary contained in this Act terminate the period of office of all members of a board as from a specified date -

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(a) if at any time a board neglects for a period of six months to hold a

meeting; or

(b) if he or she is satisfied that a board-

(i) has failed or refused to perform any duty or function imposed upon it by this Act or the regulations made thereunder; or

(ii) unreasonably failed or refused to exercise any right or power conferred on it by-this Act or the regulations made thereunder; or

(iii) has done or intends to do any illegal or grossly irregular act; or

(iv) has exercised or carried out its rights, powers, duties or functions in an improper manner or to the detriment of a provincial hospital for which it has been constituted; or

@ if the number of members of such board has decreased to a number which is, in the opinion of the responsible member, insufficient for the efficient conduct of the business thereof.

(2) The responsible member may at any time declare null and void any resolution passed at a meeting of any board which, in his or her opinion, was taken in an illegal or grossly irregular manner or was an improper exercise of its functions or powers or which is detrimental to the interests of a provincial hospital.

(3) If the period of office of all members of a board are terminated in terms of sub-section (1) or, if there are no members of a board, the responsible member may - -

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(a) appoint members of such board in terms of the provisions of this Chapter and for that purpose such board shall be deemed to be a . new board;

(b) appoint in its place a board (hereinafter referred to as a provisional board) for such period, not being longer than one year, as he or she may determine.

(4) The number of members of a provisional board shall not exceed the number of members determined for the board in the place of which such provisional board has been appointed.

(5) Except for matters specially provided for in this section, the provisions of this Act and the regulations made thereunder relating to boards, shall apply mutatis mutandis to provisional boards.

(6) Before the expiry of the period of office of a provisional board, the responsible member shall appoint, in terms of the provisions of this Chapter, members to the board in the place of which such provisional board was appointed and for that purpose such board shall be deemed to be a new board but the members thereof shall not assume office until the day following the expiry of the period of office of such provisional board.

(7) Notwithstanding anything to the contrary in this Act contained, the responsible Member may appoint for such period, not being longer than one year, as he or she may determine, a person or~persons to exercise or to carry out any of the rights, powers, duties or functions of a board which for any reason cannot function, as he or she may determine.

Meetings of boards

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21.(1) . A board shall hold its first meeting on such date and at such time

and place as the responsible member may decide.

(2) (a) An ordinary meeting of a board shall be held on such date and at

such time and place as the board may decide.

(b) A board shall hold not less than six ordinary meetings in every

financial year.

member shall give seven days' notice in writing of an ordinary meeting of the board and such notice shall state the date, time and place of the meeting and the business to be transacted thereat.

(3) (a) The Chairperson of a board may at any time, and shall at the request in writing of not less than two members of the board call a special meeting of the board.

(b) The provisions of paragraph (c) of subsection (2) shall apply mutatis mutandis in respect of a special meeting: Provided that if, in the opinion of the Chairperson of the board, the matter is one of urgency, he or she may direct that time period of notice of the meeting shall be less than seven days.

(4) Any inadvertent or accidental omission to notify a member of the board of a meeting to be held, shall not invalidate the proceedings of such- meeting or a resolution taken thereat.

(5) A meeting of a board or a committee thereof shall be open to the public, unless such board or committee decides otherwise.

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Chairperson to preside at meetings.

22.(1) The Chairperson of a board shall preside at every meeting thereof.

(2) If the Chairperson is absent from any meeting of the board, the members present thereat shall from amongst themselves elect a Chairperson to preside at such meeting and the member so elected shall, during the absence of the Chairperson at such meeting have the same rights, power, duties and functions, as the Chairperson of the board.

Quorum.

23. A quorum of the board shall consist of not less than one third of the number of members thereof and no business shall be transacted at any meeting of the board unless a quorum is present: Provided that no quorum shall be constituted if the number of community representatives present is less than number of the other members present.

Method of deciding questions before a board.

24.(1) Every question before a board shall be decided by the majority of the votes of the members present.

(2) The Chairperson of a board shall have a deliberative vote and, in the

event of an equality of votes, casting vote.

Committees of boards

25(1) . The board may from time to time in consultation with the responsible member appoint from its members one or more committees either of a general or special nature and the board may delegate to any such commit-tee with or without such restrictions or conditions as it may deem fit, such rights, powers, duties

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and functions as it may from time to time determine and it may rescind any such delegation.

(2) Such committee shall consist of so many members as the board may determine.

(3) Any such committee shall, unless its delegation has previously been rescinded in terms of subsection (1), lapse after having served the purpose for which it was appointed.

(4) The board shall determine the quorum of each such committee and no business shall be- transacted by such committee unless a quorum is present.

(5) Every committee shall report its proceedings to the board.

(6) (a) - Every committee shall elect its own Chairperson and such

Chairperson shall hold office for such period as the committee may decide.

(b) If the Chairperson of a committee is absent from any meeting of the committee, the members - present thereat shall from amongst themselves elect a Chairperson to preside at such meeting and the member so elected shall, during the absence from such meeting of the Chairperson, have the same rights, powers, duties and functions as the Chairperson of such committee.

(7) Every question before a committee shall be decided by majority of the votes of the members present and, in the event of an equality of votes, the matter shall be referred to the full board.

Minutes of meetings

26.(1) Minutes of the proceedings of every meeting of a board or of a

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committee thereof shall be kept and shall contain properly arranged details of the

business transacted at the meeting and each member of the board shall be

furnished with a copy of such minutes.

(2) The minutes of the proceedings of each meeting of a board or a committee thereof shall be submitted and considered at the next ensuing meeting and, if passed as correct, shall be confirmed by the signature of the Chairperson concerned.

(3) The minutes of the proceedings, confirmed in terms of sub-section (2), shall at all

reasonable times be open to inspection by any person authorized thereto by the responsible member and a copy thereof shall be furnished to the

responsible member by the person designated as secretary to the board by the responsible member. -

Validation of irregularities in appointments

27. Notwithstanding any defect in the appointment of a member or a Chairperson or in the election of an acting Chairperson of a board or a committee thereof. Any act,'if done in good faith, shall not be invalidated by reason of such defect but shall be valid and effectual as if such person had been duly appointed or elected.

Fees and allowances.

28. The responsible member shall in consultation with the member of the executive council responsible for finance, determine the fees, allowances and other payments payable to members of boards.

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CHAPTER 5

GENERAL PROVISIONS

Regulations

29. The responsible member may from time to time make regulations not inconsistent with the provisions of this Act -

(a) prescribing the control, conduct and regulation of meetings of a board, committee, forum or sub- committee established in terms of this Act;

(b) prescribing the powers and duties of any chairperson or acting chairperson of a board, committee, forum or sub-committee established in terms of this Act;

(c) prescribing in addition to the rights, powers, duties and functions of boards conferred or imposed in terms of the provisions of this Act, further rights, powers, duties and functions of boards, committees, forums or sub-committees established in terms of this Act; and

(d) generally in respect of all matters which he considers necessary or expedient for achieving the objects and purpose of this Chapter.

Resolution of disputes

30. Where a dispute arises between members of any forum, committee or board as a result of the exercise of the powers or the performances of duties such forum, committee or board established in terms hereof, the dispute shall be referred to the responsible member for determination and his or her decision shall be final.

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Repeal of laws and savings

31.(1) Subject to the provisions of subsections (2) the laws mentioned in the Schedule to this Act shall to the extent so specified in that Schedule deemed to be repealed in terms of this

(2) Any proclamation, regulation, rule, order, notice, approval, authority, return, certificate, direction or appointment made, issued, given or granted, and any other act done under the provisions of any law repealed by this Act, shall be deemed to have been made, issued, given or granted or done under the corresponding provision of this Act.

Short title and date of commencement

32.(1) This Act shall be called the North-West, Developmental Social Welfare and Health and Welfare Institutions Governance Institutions Act, 199-7 and the provisions thereof shall come into operation on a date to be fixed by the responsible member by notice in the Gazette.

(2) Different dates may in terms of subsection (1) be fixed in respect of different provisions of this Act. the Schedule to this Act shall to the extent so specified in that Schedule deemed to be repealed in terms of this

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Short title and date of commencement

32.(1) This Act shall be called the North-West, Developmental

Social Welfare and Health and Welfare Institutions Governance Institutions Act,

1997 and the provisions thereof shall come into operation on a date to be fixed

by the responsible member by notice in the Gazette.

(2) Different dates may in terms of subsection (1) be fixed in respect of different provisions of this Act.

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NORTH WEST PARKS AND TOURISM BOARD ACT, 1997 24/3/97

No 3 of 1997

ACT

To establish the North West Parks and Tourism Board, in order to develop and manage protected areas and to Promote and facilitate the development of tourism in the Province; and to provide for matters incidental thereto. (English text signed by the Premier on 24 March 1997)

BE IT ENACTED by the Premier and the Legislature of the Province of the North West as

follows:-

1. Definitions

In this Act unless otherwise indicated:-

"Board" means the North West Parks and Tourism Board established under section 2 of this Act;

"board" means the board of directors of the North West Parks and Tourism Board,

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appointed in terms of section 3 of this Act;

"Chief-executive Officer" means the Chief Executive Officer of the Board appointed in

terms of section 11 of this Act;

"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108

of 1996);

"Ecosystem "means any self sustaining and self-regulating community of organisms and

the interaction between such organisms with one another and with their environment;

"Management protected areas" means the ecological and security control measures required to achieve the conservation of bio-diversity as well as the provision of facilities and other infrastructure to facilitate sustainable economic use of resources and opportunities within the protected area;

"Province " means the Province of the North West as contemplated by the Constitution;

"Protected area " means an area declared by law as a protected area and in respect of

which the Board has to perform certain functions, powers and duties in terms of this Act;

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"Responsible member" means the member of the Executive Council of the Province,

responsible for tourism and environmental affairs; and

" this Act" includes a regulation made thereunder.

2. Establishment and objectives of the North West Parks and Tourism Board

(1) There is hereby established the North West Parks and Tourism Board which shall under that name be a body corporate and, for the purpose of exercising and performing its powers, functions and duties under this Act, be capable in law of instituting or defending or opposing legal proceedings, of purchasing or otherwise acquiring and holding and alienating movable and immovable property, of entering into contracts and concluding agreements, and generally, of performing such other acts and doing such other things as bodies corporate may by law perform, subject to the provisions of this Act.

(2) The objects of the Board shall be -

(a) to ensure the establishment, development and efficient management of a network of formally -protected areas in order to conserve indigenous bio-diversity, representative samples of natural ecosystems and habitats of critically important or threatened species;

(b) to facilitate the development, co-ordination and promotion of tourism in the Province;

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(d) to encourage and promote the development and improvement of travel services and facilities to and within the Province, for which purpose the board may liaise with any department of the Province; and

( (e) to encourage the inhabitants of the Province to travel about therein.

(3) From and after the commencement of this Act and subject to the provisions thereof, the Board shall be controlled and represented by the North West Parks and Tourism Board of Directors as hereinafter provided, and all acts of that board of directors shall be deemed to be the acts of the Board-

3. Composition of the North West Parks and Tourism Board of Directors, appointment of directors, and remunerations, etc. of directors of the Board.

(1) The responsible member shall:-

(a) from time to time determine the number of directors of the board, which number shall not be less than seven and not more than eleven, of whom one shall be the j, designated chairperson of the board by the responsible Member;

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( (b) appoint the said directors of the board for a period of three years; and

(c) appoint a Chief Executive Officer by virtue of being suitable in view of any professional, technical, administrative, special or other qualifications, expertise and experience, who shall be an ex officio member of the board of directors:

Provided that such determinations and appointment shall take place in accordance with the principles of transparency and consultation.

(2) The directors shall be appointed by the responsible Member in terms of subsection (1) by virtue of being suitable for membership in view of any professional, technical, administrative, special or other qualifications, expertise or experience and -

(a) at least one director shall have expertise and qualifications in conservation and protected area management; - _

(b) at least one director shall have expertise and qualifications in the tourism industry;

and -

(3) The responsible member may for each or any director of the Board hereinafter referred as an appointed director, appoint an alternate director, and for the purposes of the appointment of such alternate director, the considerations in paragraphs (a) and (b) of subsection (2) which are relevant to the appointment of the director of the board for whom he or she is an alternate, shall mutatis mutandis apply.

(4) The directors of the board and their alternate directors, shall be appointed by the responsible Member on such terms and conditions as he or she may determine.

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(5) Directors of the board and their alternate directors, other than @y director in the full-time service of the State, shall, in connection with the performance of-their functions and duties as members of the board, be paid such remuneration and allowance and be entitled to such perquisites as the responsible Member, in consultation with the Member of the Executive Council responsible for Finance and Provincial Expenditure, may from time to time determine (if any): Provided that a director shall be compensated on a basis as determined by the Board for all travelling and other expenses necessarily incurred in connection with the business of the Board and meetings of the board of directors.

(6) Whenever the director of the board in respect of whom a person has been appointed as an alternate director is for any reason unable to attend a meeting of the board or to exercise and perform his or her powers, functions and duties as a director of the board, such alternate director may in the place of the director for whom he or she is an alternate, attend such meeting of the board and thereat participate in the proceedings and voting and fully exercise and perform all the other powers, functions and duties of the director for whom he or she is a alternate: Provided that the person appointed as alternate member for the chairperson shall not at a meeting of the board at which the chairperson is absent, exercise or perform any powers, functions or duties pertaining to the office of chairperson.

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(7) An appointed director or alternate director whose term of office has expired, shall be eligible for re- appointment.

(8) Notwithstanding the provisions of this section, a person shall be disqualified from being appointed or remaining as an appointed director of the board if-

(a) he or she is subject to a final order of court whereby his or her estate is sequestrated under the Insolvency Act, 1936(Act 24 of 1936), or if his or her estate is sequestrated in terms of the law of any other country of territory, or if he of she has assigned his or her estate for the benefits of his or her creditors;

(b) he or she is subject to an order of a competent court declaring him or her to be of unsound mind or mentally disordered or defective; or · he or she has been convicted of any offence under this Act or of any offence whatsoever, other than an offence which is regarded as a political offence, in respect of which he or she was sentenced to imprisonment without the option of a fine for a period of not less than six months, irrespective of whether such imprisonment was wholly or partially suspended or not, unless he or she has received a grant of amnesty or a free pardon, or unless the period of such imprisomnent or suspension has expired at least ten years before the date of his or her appointment as a director of the board;

(d) if he or she is not resident in the Republic of South Africa. -

(9) An appointed director or alternate director of the Board shall vacate his or her office if-

(a) he or she is found guilty of misconduct;

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(b) he or she is unfit for the duties of his or her office;

· he or she becomes subject to a permanent infirmity or mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(d) he or she is absent from three consecutive ordinary meetings of the Board without its permission:

Provided that this subsection shall be exercised with due observance of established

Labour Law principles.

(1 0) The office of a director shall be deemed to have been vacated-

(a) upon the death of such director; or

(b) upon the expiration of his or her period of office; or

(c) upon receipt by the Board of his or her resignation as a director: Provided that he or she shall have given 30 days' notice, in writing, to the Board of his or her intention to resign; or

(d) if he or she is directly or indirectly concerned in any contract with the Board or shares in the profits of any contract with the Board: Provided that he or she shall not vacate his or her office if he or she has informed the Board of the nature and extent of his or her interest in such contract and he or she does not vote in respect of such contract or any matter arising therefrom.

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(1 1) Where the office of any appointed director or alternate director becomes vacant, whether by virtue of his or her death or removal or resignation from office, the vacancy shall be filled as soon as may be reasonably practicable, by a suitable person appointed for that purpose . by the responsible Member mutatis mutandis in accordance with the provisions of subsection (3) and the member so appointed shall hold office for the unexpired period of his or her predecessor's term of office.

4. Chairperson and vice-chairperson of the Board of Directors

(1) The responsible member shall from the number of appointed members of the board, designate a chair- and vice-chairperson of the board.

(2) The chairperson shall subject to the provisions of this section, preside at the meetings of the board.

(3) The vice-chairperson of the board shall preside at the meeting of the board of directors and exercise and perform all the powers, functions and duties of the chairperson of the board whenever the office of chairperson is vacant or the chairperson is absent or suspended or incapacitated or refuses or fails to act, or is subject to the provisions of section I 0 , and whenever the offices of both chairperson and vice- chairperson are vacant or-both the chairperson and vice-chairperson are absent, incapacitated or refuse of rail to act, or they are both subject to the said provisions, the remaining directors shall from the number of the appointed directors designate a person to preside at the particular meeting or meetings of the Board of directors and to exercise and perform all the powers, fi.inctions and duties of the chairperson, for as long as any such vacancy exists, or any of the aforementioned circumstances subsist.

(4) Where any question or dispute arises as to whether or not any incapacity is of a temporary or permanent nature or whether any cause is sufficient for invoking the provisions of . subsection(4), the matter in issue shall be determined by the decision of the majority of directors who are not alleged to be subject to any incapacity or circumstance contemplated by that subsection.

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(5) Whenever it comes to the notice of the responsible Member that, in consequence of the existence of vacancies in the board or the absence, suspension or incapacity of its directors or any refusal or failure to act contemplated by subsection (3), the number of the remaining directors do not, pending the filling of such vacancies or the termination of any of the circumstances hereinbefore mentioned, form a quorum, the responsible Member shall appoint not less than such number of persons as are required to -form such a quorum, but not more than such number of persons as are equal to the difference between the full complement of the Board of directors during the period that such vacancies exist or such circumstances subsist, in order to enable the Board to exercise and perform its powers, functions and duties under this Act.

(6) Notwithstanding the provisions of subsection (3), the responsible Member may, if he or she deems it necessary, appoint any person to act as chairperson of the board in the circumstances contemplated by that subsection for as long as such circumstances subsist.

5. Acts, resolutions and proceedings of Board of directors not invalidated in certain circumstances.

(1) Subject to the provisions of section 7(1) and (2) and section 1 0, the acts, decisions, and proceedings of the Board shall not be rendered invalid or unlawful by reason only of any vacancy occurring therein, as contemplated by section 3, or of any defect or irregularity in the appointment of a member or by reason of the disqualification of any member of the board.

6. Meetings of the board of directors and notice of meetings.-

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(1) The meetings of the board of directors shall be held on such dates and at such times and places as the board may by resolution determine, but at least once every two months: Provided that the first meeting of a newly constituted board shall be held on such date and at such time and place as the responsible Member may by written notice to all the

- members of the board of directors determine, which date shall not be later than twenty-one days (Saturdays, Sundays and public holidays excluded) after such constitution of the

- board of directors.

(2) The chairperson may at any time-call for an extraordinary meeting- of the board of

directors, if in his her opinion, it is justified by the circumstances prevailing and shall, upon having been presented with a requisition for the purpose signed by at least two members of the board, forthwith call for an extraordinary meeting of the board, and if the chairperson fails to call for such last mentioned meeting within seven days as from such presentation, such two members may, on the expiration of such seven days call for an extraordinary meeting.

(3) Notice of meetings of the board shall be given to all members thereof in such manner and form as the board may from time to time determine.

(4) The chairperson or my other person who, in terms of section 4 acts as chairperson, shall determine the procedure-at the meeting over which he or she presides.

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7. Quorum and decisions of the board, and voting powers of chairperson.-

(1) At any meeting of the board the quorum shall be the majority of serving members.

(2) The decision of the majority of the directors of the board present at any meeting thereof, shall subject to the provisions of subsection (1), constitute a decision to be known as a resolution of the board: Provided that where the directors of the board present at any meeting thereof constitute a bare quorum a decision or resolution adopted at such meeting shall not be a decision or resolution of the board nor have any force or effect unless such decision or resolution was adopted unanimously by the directors so present.

(3) In the event of an equality of votes in regard to any matter put to the vote, the chairperson of the board or person acting as such in terms of section 4 shall have a casting vote in addition to his or her deliberate vote.

8. Procedure when the board of directors is not able to meet timeously in respect of urgent business.-

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(1) Whenever any matter to be dealt with by the board is of such a nature that it requires the immediate and urgent decision of that board and the circumstances are such that it would not be possible for the board to meet timeously, then all the relevant documentation and memoranda setting out fully the matter to be dealt with shall be submitted to each member of the board for consideration, and any decision agreed upon by a simple majority of the total number of its members shall be regarded as the decision of the board in regard to such matter.

(2) A decision contemplated by subsection (1) shall be ratified by the board of directors at its next ensuing meeting and shall be recorded in the minutes of that meeting.

(3) (a) Any director of the board to whom a matter has been submitted in terms of subsection (1), shall be precluded from any participation in disposing of such matter in terms of that subsection if, in relation to such matter, he or she has any interest of any nature contemplated by paragraph (1) of (b) of section I 0(1), and shall upon becoming aware of having such an interest, disclose his or her interest to the chairperson.

(b) Whenever a director of the board affected by the provisions of paragraph (a) of this subsection, has failed to comply with the provisions of that paragraph, any decision taken at the time of the non-compliance and regarded by subsection (1) as the decision of the board, shall be null and void, and such director shall be guilty of an offence and liable on conviction to the penalties prescribed in section 10(3).

9. Minutes of the board.-

(1) The board shall cause minutes to be prepared and keep to the proceedings of every meeting thereof and

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cause copies of the minutes to be circulated to all the directors of the board, as well as to the responsible Member.

(2) Every minute prepared in terms of subsection (1), when signed at a subsequent meeting of the board by the person presiding at such meeting, shall, in the absence of proof of error therein, be deemed to be a true and correct record of the proceedings which it purports to minute, and shall at any proceedings in terms of this Act or before a court of law or any tribunal or Commission of inquiry, constitute prima facie evidence of the proceedings of the board and the matters it purports to minute.

10. Commercial and other interests of directors in matters dealt with by Board

(1) No director of the board shall be present at any meeting thereof or be present in the room in which such meeting is held, or in any way whatsoever take part in the proceedings of the board, during the course of the discussion of or voting on-

(a) any matter in which he or she has, directly or indirectly, either by himself or herself or through his or her spouse, partner or business associate or through any person related to him or her within the third degree of consanguinity or affinity, any commercial or pecuniary interest which is greater than that which he or she has a member of the general public;

(b) any intended or pending, legal arbitration or other proceedings to which the board is or may become a party and in which any such director has, directly or indirectly, either by himself or herself or through his or her spouse, partner or business associate or through any other person related to him or her within the third degree of consanguinity or affinity, any interest, whether as a party, witness or legal representative or otherwise.

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(2) If at any stage during the course of any proceedings before the board, it appears that any

director thereof has or may have an interest which may, in terms of subsection (1)

preclude him or her from further participation in such proceedings -

( (a) he or she shall forthwith and fully disclose the nature of his or her interest and leave the meeting, so as to enable the remaining member thereof who are present at the meeting in question to discuss the matter and to determine whether such member is so precluded-

(b) such disclosure and the decision taken by such remaining members in relation to such determination, shall be recorded in the minutes of such meeting.

(3) If any director of the board fails to disclose any interest as required by subsection (2) when the board turns to consider and deal with any matter affected by such interest, or if such director otherwise contravenes or fails to comply with the preceding provisions of this section, the proceedings of the board shall be null and void and such director shall be guilty of an offence and liable on conviction to a fme not exceeding one thousand rand or imprisonment for a period not exceeding three months, or to both such fine and such imprisonment, unless it is proved that such director did not know that he or she had such an interest.

11. Chief executive officer of the Board

(1) The responsible Member shall appoint - as Chief Executive Officer a person who-

(a) is suitable in view of his or her professional, technical, administrative, special or other qualifications, expertise or experience; and

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(b) is not disqualified in terms of section 3(8) from becoming a member of the board,

and the Chief Executive Officer shall be, the accounting officer for the Board and, subject to the control of the board of directors, be the Chief Executive Officer of the Board: Provided that the procedure followed by the responsible Member in the appointment of the Chief Executive Officer shall be in accordance with the principles of transparency and consultation.

(2) The Chief Executive Officer shall be appointed for such period and on such terms and conditions as to services, as the responsible Member may determine: Provided that such terms and conditions relating to the remuneration, allowances and perquisites of the Chief

Executive Officer shall in each case be determined by the board in concurrence with the

responsible Member after consultation with the member of the Executive Council

responsible for Finance and Provincial Expenditure.

(3) The Chief Executive Officer shall not be present at any meeting of the board nor be present in the room in which such meeting is held nor in any other way take part in the proceedings of the board, in regard to any matter relating to the terms and conditions of service of, or the remuneration payable or to be paid to, or the appointment of the Chief Executive Officer or make representations in connection therewith.

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(4) The board may by resolution delegate any of its powers, functions or duties in tems of this Act to the Chief Executive Officer, but shall not thereby be divested of any power or be relieved of any function or duty which it may have so delegated, and may revoke

or amend any such delegation and amend or withdraw any decision of the Chief

Executive Officer in terms of a delegation under this subsection.

(5) The Chief Executive Officer may on three months' written notice tendered to the board, resign from his or her office.

(6) The responsible Member may subject to the provisions of subsection (7) remove the Chief Executive Officer from office-

(a) on account of his or her misconduct;

(b) for unfitness for the duties of his or her office;

(c) on the ground of a permanent infirmity of mind or body which renders him or her incapable of discharging them properly; or

(d) on the ground that he or she is or has become subject to a disqualification referred to in section 3(8).

(7) (a) The responsible Member shall, if he or she is on reasonable grounds satisfied that

there may exist sufficient cause for the removal of the Chief Executive Officer from office in terms of subsection (6), after affording the Chief Executive Officer the opportunity to address him or her in this regard, and bearing in mind the provisions of section 33 of the Constitution, constitute a committee to enquire into or investigate whether such sufficient cause does indeed exist for the removal of the Chief

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Executive Officer from -office.

(b) The responsible Member may, whenever there is being undertaken any enquiry or investigation for the purpose of establishing whether or not there exists sufficient cause for the removal of the Chief Executive Officer from office in terms of subsection (6) as contemplated by subparagraph (a), suspend the Chief Executive Officer from his or her office pending the outcome of such an enquiry or investigation.

(8) Whenever the Chief Executive Officer is suspended in accordance with the provisions of subsection (7), he or she shall, in respect of the period of his or her suspension unless the responsible Member after consultation with the Board directs otherwise, not be entitled to any emoluments under this Act: Provided that-

(a) if the period of his or her suspension endures for longer than three months, the Board shall until such time as such suspension is terminated and the Chief Executive Officer is either removed from officer under subsection 96) or restored to his or her office, pay to the Chief Executive Officer an amount equal to such portion of his or her basic salary as would have accrued to him or her in respect of the period in excess of such three-month period;

(b) if he or she is restored to his or her office, he or she shall in respect of the period of his or her suspension, and in addition to any amount paid or payable to him or her under paragraph(a) of this provision (if any), be paid all such emoluments as would have been payable to him or her under this Act had he or she not been so suspended.

12. Officers, employees and other staff of the Board

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(1) The staff establishment of the Board shall consist of such posts as the board of directors in consultation with the responsible Member may from time to time determine.

(2) The board may appoint such officers, employees and workmen, and engage the services of such experts or advisers in any profession, technique or science, for the Board as it may deem necessary in order to assist the Board in the due, proper and effective exercise, performance and execution of powers, functions , duties, projects and affairs of the Board; subject to the directions of the responsible Member (if any), and may--

(a) determine the terms and conditions of service of such officers, employees and workmen and work women;

(b) negotiate the purpose for and conditions subject to which the services of experts or advisers shall be engaged by the Board;

(3) (a) The provisions of this section shall not be construed so as to preclude the board

from procuring, by way of agreement with the government of the Province, the

services of any officer of the Public Service on secondment to the Board in terms

of the Public Service Act, 1994. -

(b) Any officer of the Public Service seconded for service with the Board shall, in regard to the performance of his or her services with the Board, for all purposes in law be deemed to have been appointed under this section as an officer of the Board.

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13. Powers of the board.-

(1) The board shall have the power to -

(a) co-operate or negotiate with any tribal, regional or local authority or other public authority or any body corporate or association or person, whether within the Province or elsewhere, or with the government of the Province or any other Provincial Government or National Government or the Government of any other country or territory, and to promote co-operation or negotiations with or- amongst any of such authorities or bodies corporate, associations and government, in regard to any matter calculated to promote (whether directly or indirectly) the achievement of objects of the Board as contemplated in section 2(2): Provided that the board shall not engage in any such co-operation or negotiations with any foreign government or any of the aforesaid institutions of a foreign country of territory without the prior approval of the responsible Member;

(b) establish or assist in the establishment of advisory committees on all matters regarding tourism on a provincial, -regional or local basis, and to co-ordinate the activities of, and give guidance and advice to, such committees, and to initiate and organise meetings, conferences for considering and dealing with matters falling within the purview of the objects, powers and functions of the board;

· (c) to inaugurate, plan, finance, co-ordinate, promote or carry out or to assist in the inauguration, planning, financing, co-ordination, promotion or carrying out of projects which are intended to benefit and develop the tourist industry and the environment in the Province;

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(d) to engage in the systematic collection in the Province and elsewhere, of information relating to the tourist industry generally, and, in particular, to that of the Province, and to disseminate such information;

(e) to advertise and make known or otherwise promote the-tourist attractions of the Province in any manner it deems fit;

(f) to produce, publish, print and sell, and to circulate and distribute, with or without charge, travel or tourist books or guides, maps, posters, placards, brochures and bills and publications of any nature calculated to be useful to tourists and travellers within the Province, or otherwise calculated to promote the achievement of its objects, whether directly or indirectly;

(g) to produce and distribute, with or without charge, motion pictures, photographs or other pictorial material ( including video material), and to sponsor, arrange or organise displays, broadcasts, telecasts, talks and public lectures, relating to the tourist industry within the Province;

(h) to engage jointly, or to otherwise co-operate, with any tribal, local or regional authority or other public authority or any person, association of persons, whether in the Province or elsewhere, or with the Government of the Province or any other Provincial Government or the National Government in the production, promotion, organisation or distribution of all or any of the publicity material and communications

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referred to in paragraph (f) and (g);

(i) to apply its funds or moneys to the establishment of a reserve fund, or to invest any funds or moneys not immediately required for its affairs in any manner;

(g) for the performance of its activities to purchase, hire or lease or otherwise acquire land or buildings, to erect buildings on its land, to sell, let or otherwise dispose of or mortgage such land or buildings;

(k) to accept donations and to receive any moneys offered or due to it;

(1) to open banking accounts;

(m) to pay all expenses in connection with its establishment and administration;

(n) to purchase, hire, develop or hold or to subscribe to or otherwise acquire or take over movable property of any kind, including any shares, stocks, debentures and securities, or any interest in any business of or a mortgage over any property, and to let, sell or otherwise alienate it or pledge it or deal otherwise therewith;

(o) by legal process to cause any company, corporation or juristic person in which it

has any share or interest, to be liquidated or placed under judicial management and may for that purpose itself be appointed as liquidator or judicial manager, and to petition a competent court to sequestrate the estate of any of its debtors;

(p) to act, where necessary, to protect its investment, or otherwise to act as director, manager, trustee, curator, executor or achninistrator of any business, estate, trust, company, juristic person or persons or to

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designate a person or persons to act for any such purpose on its behalf,

(q) to act as agent or representative in connection with any matter of whatsoever nature for or on behalf of a person in connection with all or any of its objects or itself to appoint agents or representatives in connection with any of its objects;

(r) to employ, remunerate, house, discharge or suspend officers and employees

required for its operations and to indemnify such officers and employees or dependants of such officers or employees in respect of any hann, damage or loss suffered by them in the course of the execution of their duties;

(s) to provide or give pension and sick benefits to any of its officers and employees;

(t) to acquire land by purchase, lease or otherwise, for the purpose of erecting thereon dwelling houses for persons in its employ, erect such dwelling-houses and enter into agreements with such persons for the letting or sale of such dwelling houses to such persons;

(u) make loans available to employees of the Board for the purchase by them of vehicles and equipment to be used by them in the exercise and performance of their powers, functions and duties;

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(v) incur expenditure in respect of official entertainment by the board for the purposes of or in connection with advancing, promoting, or executing the affairs, operations and objects of the Board;

(w) insure the Board with any company or association against any loss, damage, risk, liability or accident whatsoever which it may suffer or incur: Provided that the maximum amount of the cover and benefits of any policy of insurance taken out by the Board in terms of this paragraph and the premiums or moneys payable in respect of such insurance, shall not exceed, the amounts as are from time to time approved by the responsible Member;

(x) subsidise, to such extent as may from time to time be determined by the responsible Member any contributions due by its officers and employees under

· any group medical scheme arranged or approved by the board;

(y) take out an insurance policy with any insurer providing insurance cover for the members of the board, and for the staff of the Board in respect- of injury, disablement or death which may occur or may be sustained by them in the exercise or performance of their powers, functions or duties as such members, officers of employees;

(z) establish or arrange, and administer and control, for the benefit of its officers and employees and, where appropriate, their dependants, a group insurance scheme, and a medical aid fund or scheme;

(aa) train or provide or arrange training facilities for the officers and employees of the Board and all other persons employed or engaged in connection with the business and operations of the Board, and bear the study costs of officers or employees studying at any university or technical or other educational institution

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(wherever situated) which is approved by the responsible Member, and may grant bursaries or study loan to any person for the purpose of research, study or further study in any field covered by the business or operations of-the Board, at any such university or technical or education institution; and

(bb) to exercise any other power which the responsible Member may consider necessary for the attainment of its object and which the responsible Member may confer upon it by notice in the Provincial Gazette,

and may, generally, do anything not inconsistent with the provisions of this Act that is necessary for or conducive to the attainment of its objects and the exercise of its powers, whether or not it relates to any matter expressly mentioned in this section: Provided that, in respect of those powers of the board which relate to conditions of service and remuneration of persons referred to in paragraph (r) the board shall exercise it subject to the approval thereof by the responsible member in consultation with the Member of the Executive Council responsible for Finance and Provincial Expenditure: Provided further that the board shall, in respect of the procurement of goods or services, take due cognizance of the provisions of the North West Tender Board Act, 1994 (Act 1 of 1994).

14. Responsibility of Board viz a viz Protected Areas

(1) The Board-,

(a) shall control, manage and maintain protected areas within the Province as contemplated by section 32(4) so as to exercise supervision and control over the ecological management of protected areas, and to study wild animals and plant life;

(b) may acquire land for protected areas and establish protected areas and investigate new or additional areas for the establishment or extension of existing protected areas and shall co-ordinate the existing undertakings relating to protected areas contemplated in section 32(4); and

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(2) The Board may within a protected area -

(a) construct or erect any such infrastructure and other works as it may consider necessary for the control, management or maintenance of protected areas;

(b) take such steps as will ensure the security of the animal and plant life in the protected area and appropriate ecological management in protected areas ;

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(d) make such charges as it may determine in connection with facilities offered;

(e) authorise any person to carry on any activity , subject to such conditions and upon payment of such charges as the Board may deem fit;

(3) The Board may grant exemption or partial exemption in respect of the payment of any or all of the charges determined under subsection (2) (a) of this section, or of fees payable in terms of any regulation made under subsection (4), to members of the Board, to any officer and any employee, and to any other person specified by it.

(4) The Board shall recommend regulations to ensure the effective management of protected areas to the responsible member, who shall promulgate such regulations in terms of this Act.

15. Standards to be observed by Board in relation to its functions and financial affairs.

(1) The Board shall, in the performance of its functions and the conduct of its business, undertakings, and affairs, at all times -

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(a) act in such manner as, in its opinion, will best serve to promote the efficient control management and maintenance of protected areas, due regard being had to -

(1) the national interest as a whole;

(ii) the interests of nature and of ecological management of renewable wild natural resources within protected areas;

(iii) the interests of persons and bodies concerned with the maintenance and study of animal and plant life, and shall for that purpose liaise and consult with persons and bodies whose interests may be affected;

(b) strive to ensure that the expenditure incurred by it or charged to the revenue account in respect of any financial year does not exceed the income of the Board

for such year; and

(c) when performing its functions and duties in terms of this Act or rendering services in terms of this Act on behalf of or for any Department of State or any controller or manager of protected areas, keep the expenditure incurred by the Board in connection with its functions or duties or the costs and charges payable to the Board in respect of such services, as low as may be reasonably possible.

(2) The responsible Member may in writing issue to the Board such general directions in regard to the exercise and performance by the Board of its powers, functions and duties

in terms of or by virtue of this Act, as the responsible Member considers to be in the

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national interest, due regard being had to the interests referred to in subparagraphs (ii) and

(iii) of subsection (1)(a).

(3) The Board shall, in the exercise and performance of the powers, functions and duties referred to in subsection(2), comply with all such directions issued in terms of that subsection as may be relevant and appropriate in the circumstances of every particular case.

16. Prospecting and mining in protected area.-

No prospecting or mining of any nature shall be undertaken on any land included in a

protected area. -

17. Powers of officers and employees to arrest, search and seize.-

(1) Any officer or employee designated by the Board, (which it is hereby empowered to do), shall in respect

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of any offence committed within a protected area referred to in Section 33(4) of this Act, have the powers of arrest and detention conferred on a peace officer by Chapter 5 of the Criminal Procedure Act, 1977 (Act 51 of 1977), and may further, within a park, without a warrant arrest any person who is on reasonable grounds suspected-of having committed an offence in terms of this Act.

(2) Any officer designated by the Board may, within a park, without a warrant search any premises, place, vehicle, vessel, aircraft, tent or receptacle of whatever nature if it is on reasonable grounds suspected that there is at, in or on such premises, place, vehicle, vessel, aircraft, tent or receptacle any animal or article which may afford evidence of the commission of an offence in terms of this Act, and may seize any such animal or article wherever found.

18. Offence and penalties.-

(1) Subject to the provisions of subsections (2) and (3) of this section, any person who contravenes any provisions of this Act or any regulation referred to in section 31 will be liable, on conviction, to the penalties referred to in the aforesaid regulations.

(2) Any person, other than an officer or employee acting under the authority of the Board, who wilfully disturbs or kills any elephant or white rhinoceros, shall notwithstanding the provisions of subsection (1) of this section, be guilty of and offence and liable, in the case of a first conviction, to a fine not exceeding fifty thousand rand or imprisonment for a period not exceeding five years, or, in the case of a second or subsequent conviction, to such imprisonment without the option of a fine.

(3) Any person other than an officer or employee acting under the authority of the Board, who wilfully

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disturb or kill any black -rhinoceros, shall notwithstanding the provisions of subsection (1) of this section, be guilty of an offence and liable, in the case of a first conviction, to a fine not exceeding one hundred thousand rand or imprisonment for a period not exceeding ten years, or, in the case of a second or subsequent conviction, to

imprisonment without the option of a fine not exceeding fifteen years.

(4) The responsible member may if he or she deems it fit amend the amount of the fines and/or the period of imprisonment referred to in this section by way of a notice in the Gazette.

19. Presumptions.-

(1) Whenever in any prosecution on account of an offence in terms of this Act it is alleged in the charge that the offence has been committed in connection with or in relation to any animal or plant of the species stated in the charge, it shaft be presumed that such animal or plant was of that species until the contrary is proved.

(2) If in any prosecution contemplated by subsection (2) it is alleged in the charge that the act which constitutes an offence in terms of this Act, has been committed within the boundaries of a park, such act shall be presumed to have been committed within the boundaries of that park, until the contrary is proved.

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(3) In any prosecution contemplated by subsection (1). any record, book or document kept by an officer in the course of his or her duties shall on its production by any officer be prima

- facie proof of the facts recorded therein: Provided that the court in which any such record book or document is adduced in evidence, may in its discretion cause the person who made the entries therein, to be summoned to give oral evidence in the proceedings in question.

(4) If, in any prosecution of a person on account of an offence founded on a contravention of any section or regulation of this act, it is proved that in the park in question he or she-

(a) had in his or her possession or handled an animal, carcass of any animal or part of such carcass;

(b) was found with a dog or dogs running loose;

(d) removed any animal, any carcass of any animal or any part of such carcass out of from any trap,

he or she shall be presumed to have-

(I) killed that animal;

(ii) followed an animal or searched for an animal, with that dog or those dogs, with the intent to kill or capture such animal;

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(iii) attempted to capture an animal with that trap; or

(iv) caught or killed that animal, respectively, in such park, until the contrary is proved.

(5) If, in any prosecution of such person on account of an offence founded on a contravention of any section or regulation of this Act, it is proved that in the park in question he or she had in his or her possession or handled--

(a) any egg or nest of any bird or fresh honey or any honeycomb;

(b) any tree or other plant or any part thereof, or

he or she shall be presumed to have--

(1) taken that egg or nest or to have taken that honey or honeycomb from a beehive;

(ii) cut or removed that tree or other plant or the relevant part thereof; or

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(iii) removed that seed without permission of the Board or any officer or employee duly authorised thereto by the Board,

respectively, in that park, until the contrary is proved.

21. Limitation of liability and of period for instituting actions against Board, officers or employees.-

(1) Neither the Board nor any officer or employee shall in law be liable as against any person on account of an injury, damage or loss caused by any animal in a park and suffered by any person, if such injury, damages or loss can not be ascribed to the negligent or willful conduct of the Board or any officer or employee thereof;

(2) No action shall be brought against the Board or any officer or employee in respect of any act performed or thing done by it or him or her under this Act unless-the person intending to bring the action serve on the Board, within thirty days after the date upon which the cause of action arose, a written notice stating such cause, and commences such action within six months after the date upon which the cause of action arose.

22. Financing of Board, and guarantees in respect of certain loans to it.-

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(1) The Board shall be financed and be provided with funds--

(a) such moneys as may from time to time be appropriated to the Board by the Legislature of the Province, together with such moneys which, upon the commencement of this Act, may from public funds be allocated- to the Board by the responsible member in accordance with the provisions of the North West Exchequer Act, 1994;

(b) loans granted to the Board by the Government of the Province on such terms and conditions as the responsible member in concurrence with the member of the Executive Council responsible for Finance may from time to time determine in accordance with the Provisions of the North West Exchequer Act, 1994;

(c) loans raised or overdrafts obtained by the Board from any bank or financial institution registered in the Republic or elsewhere, in concurrence with the responsible member and in accordance with the North West Exchequer Act;

(d) loans negotiated by the Board with other states, or with international bodies, agencies, institutions or financiers, in concurrence -with the responsible member in so far as it is in accordance with the North West Exchequer Act, 1994;

(e) all fees, charges and moneys payable to the Board;

(f) the proceeds derived by the Board from the realisation of any of its assets: Provided that the Board shall not alienate any of its fixed property without the prior written authority of the responsible member;

(g) interest derived from the investment of moneys by the Board in terms of section 27 (a) or (b); and -

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(h) donations and bequests to the Board accepted by it:

Provided that the acquisition of capital or funds abroad for the Board in terms of paragraph (c) or (d) of this subsection shall be subject to the prior written consent of the Government of the Province which shall act in accordance with the provisions of the Constitution and the North West Exchequer Act.

(2) The Member of the Executive Council responsible for Finance may, on behalf of the North West Government and upon such terms and conditions as he or she deems fit and in accordance with section 218 of the Constitution, 1996, guarantee the repayment of any loan raised or negotiated by the Board in terms of subsection (1) and the interest and any other charges payable in connection with such loan.

(3) Any agreement entered into in pursuance of the provisions of subsection (2), may be signed on behalf of the Provincial Government by any person authorised thereto in writing by the Member of the Executive Council responsible for Finance.

23. Banking account of Board.-

(1) The Board shall open and maintain with a commercial or other bank or other financial institution registered in the Republic, which bank or institution is the banker of the Province, an account in which shall be deposited, subject to the provisions of section 27, all moneys and income of the Board in terms of this Act and from which all payments by

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- or on behalf of the Board shall be effected.

(2) All cheques and other negotiable instruments drawn on the Board shall be signed by two directors of the Board authorised thereto by resolution of the Board: Provided that in

respect of each office of the Board where cheques are issued on behalf of the Board, the

Board shall, by resolution, designate two officers stationed at such office, as signatories.

24. Revenue account of Board.-

(1) The Board shall have a revenue account for each financial year and shall credit such account with such moneys, contemplated by section 22, as constitute its income for such year, and debit such account with all moneys expended or owing by it during such year in the performance of its functions and in the everyday administration of its affairs and the normal course of its business and operations in terms of this Act, and shall, in so doing, make proper provision for--

(a) the depreciation or diminution in value of its assets;

(b) the payment of interest and other charges in respect of loans or overdrafts raised, obtained or negotiated by it in terms of section 22 (1) (b), C or (d);

(c) the redemption by the Board of loans to it or of overdrafts at a bank or financial institution referred to in section 22 (1) (c);

(d) the appropriation of moneys to the General Reserve Fund: Provided that--

(I) such appropriation shall only be made at the end of the financial year and only if the revenue account has a credit balance after having been debited with the other items of expenditure chargeable thereto in terms of

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this subsection; and

(ii) the total amount of moneys appropriated to the said Fund shall not be such as to cause a debit balance to arise in the revenue account in- respect of the relevant financial year.

(2) Whenever at the end of any financial year there is in the revenue account--

(a) a surplus of income over expenditure after moneys have been appropriated to the General Reserve Fund (if any), such surplus shall be carried forward as a credit balance in the revenue account for the next ensuing financial year;

(b) a deficit in that the expenditure of the Board exceeds its income, moneys shall be transferred from the General Reserve Fund to meet such deficit or, where there are no or insufficient moneys in the General Reserve Fund, the deficit existing in the revenue account for such financial year shall be carried forward as a debit balance in the revenue account for the next ensuing financial year.

(3) Where the provisions of subsection (2) (b) require a deficit to be carried forward as a debit balance, the responsible member shall, where moneys have been appropriated by the Legislature for that purpose, either fully meet such deficit or reduce the deficit which is to be carried forward as a debit balance in the revenue account, as may be dictated by the circumstances.

(4) The moneys paid out, by the responsible member in terms of subsection (3), shall for all purposes in law

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be regarded as a loan made to the Board by the State on such tenns and conditions, and repayable by the Board over such period, as the responsible member in concurrence with the responsible member of the Executive Council responsible for Finance may in writing determine.

(5) For the purposes of subsection (2)-- - -

(a) the word "income" includes a credit balance in the revenue account; and

(b) the word "expenditure" includes a debit balance in the revenue account, brought forward from the revenue account for the preceding financial year.

25. General Reserve Fund.-

(1) The Board shall establish a General Reserve Fund which shall from time to time be credited with such portions of the surplus of the income of the Board over its expenditure at the end of the financial year, as the Board may by special resolution determine subject to the provisions of Section 24.

(2) The moneys in the General Reserve Fund may be utilised for--

(a) meeting contingencies and for meeting extraordinary expenditure or unexpected losses or damage suffered by the Board in any financial year;

(b) making good any deficit arising in the revenue account at the end of any financial year due to the expenditure (including any debit balance brought forward in the revenue account from the previous financial year) exceeding the income (including any credit balance so brought forward): Provided that such a deficit shall not be made good from the General Reserve Fund in so far as such deficit is, in the circumstances

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determined by the responsible member, defrayed by the Government of the Province from moneys specially appropriated by the Legislature for that purpose;

(c) appropriations to the Capital Development Fund contemplated by section 26, but only in so far as there may be moneys available for that purpose after having made

provision for the purposes of paragraphs (a) and (b) of this subsection.

(3) In administering and managing the General Reserve Fund the Board shall, subject to the provisions of this Act, comply with such written directions as the responsible member may from time to time in relation to the administration and management of that Fund deem fit.

(4) The moneys of the General Reserve Fund shall not without the responsible member's written authority be utilised to such extent that the balance of the moneys standing to the credit of that Fund is at any tir-pe less than such amount as the responsible member may from time to time in writing determine, except if and in so far as may be necessary for the purpose of making good a deficit as contemplated by subsection (2) (b).

26. Capital Development Fund.-

(1) The Board may establish a Capital Development Fund which shall be credited with such moneys as may from time to time be appropriated to that Fund in terms of section 25 (2)

(c).

(2) The moneys in the Capital Development Fund may be utilised for--

(a) the betterment or improvement of the movable and immovable property of the Board and for the acquisition of further movable and immovable property for the Board; and-

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(b) writing off and replacing any assets which depreciate annually or have become worn-out or obsolete in the ordinary course of the business or operations of the Board.

(3) The Tender Board established in terms of Tender Board Act 3 of 1994 must be utilised in executing subsection 2.

27. Investment of moneys.-

The moneys constituting the funds of the Board in terms of section 22 (1) and which are not immediately required to meet the current expenditure of the Board may be invested on call at any bank or other financial institution registered in the Republic and approved in writing by the responsible member in concurrence with the responsible member of

Finance. -

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28. Financial accountability of Board, and provisions relating to audit and annual report.-

(1) The Board shall, in respect of every financial year, cause proper books and records of account to be kept in accordance with established accounting practice, principles and procedure, of--

(a) all the moneys received by the Board within the contemplation of section 22 (1);

(b) all moneys deposited in and payments made from the account contemplated by section 23;

· (c) moneys of the Board invested or deposited in terms of section 27;

(d) all movable and immovable property and other assets held by the Board, and every loan raised or overdraft obtained by or for the Board, and the capital amount outstanding on each such loan or overdraft;

(e) costs incurred or moneys expended or owing by the Board in connection with the exercise and performance of its powers, functions and duties under this Act;

(f) the interest paid and/or payable by the Board in respect of every loan or overdraft

referred to in paragraph (d);

(g) the moneys appropriated to the General Reserve Fund and to the Capital Development Fund referred to in section 26, the amounts utilised from each such Fund and the purposes for which such amounts were utilised; and

(h) the interest received and/or accrued on moneys invested or deposited in terms of Section 27,

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and the Board shall, within three months as from the end of each financial year, or such longer period as the head of the Provincial Department of Finance and Economic Affairs may allow, submit the said books and records of account together with the financial statements of the Board in respect of such year, comprising an income and expenditure statement and a balance sheet, to be audited in accordance with the provisions of subsection (2).

(2) The books and records of account and financial statements of the Board contemplated by subsection (1), shall be fully audited annually by the Provincial Auditor, at the conclusion of which audit he or she shall furnish his or her report to the Board: Provided that such audit shall be completed not later than six months after the conclusion of the financial year.

(3) The Chief Executive Officer shall as soon as may be reasonably practicable after the end of each financial year, prepare a report in respect of such financial year in regard to the exercise and performance by the Board and the Chief Executive Officer of the powers, functions and duties conferred and imposed upon it and upon him or her by or - in terms of this Act, and in regard to the execution and attainment of the programmes, projects and priorities of the Board, and regarding the business, operations and undertakings and any activities and achievements of the-Board for the purposes of ensuring the proper execution of this Act and attaining its objects.

(4) The Board shall, not later than thirty days after receipt of the auditor's report referred to in subsection (2), submit a copy of the audited financial statements of the Board, together with such report and the report

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referred to in subsection (3), to the responsible Member who shall, within fourteen days after receipt thereof, lay it on the table in the Provincial Legislature, if the Legislature is then in session, or, if it is not then in session, within fourteen days after the commencement of its next ensuing session.

29. Execution of documents of Board.-

(1) Subject to- the provisions of section 23 (2) and subsection (2) of this section, every contract, agreement, authority or approval and any other document or instrument, shall have been duly executed for or on behalf of the Board where it complies with the provisions of this Act in all other respects and has been signed by the Chief Executive Officer, or, if he or she is not available, by the chairperson of the Board, or, if both the Chief Executive Officer and such chairperson are not available or-where any resolution of the Board so requires, by any other member generally or specifically authorised for that purpose by resolution of the Board.

(2) The Chief Executive Officer may, in his or her discretion but subject to the provisions of this Act, execute or prepare, and sign, any such notice, document or instrument as may be necessary or expedient for the everyday administration and affairs of the Board.

30. Performance audit

(1) The Board shall, in relation to its objectives, functions, duties and responsibilities; -

(a) develop - strategic and action plans with specific objectives, targets and performance criteria, which shall be approved by the responsible member, which plans-

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(I) shall be subject to a progress report submitted to the responsible member at least quarterly;

(ii) are to be reviewed and adjusted by the Board annually, and submitted to the responsible member for ratification; and

(iii) the progress in respect of the approved plans are subject to independent evaluation and audit, if and when the responsible Member so desire.

(b) - regarding ecological management protected areas and the development and administration of protected areas formulate policy objectives, procedures and guidelines whether for each protected area specifically, or for protected areas generally, or both, and cause such policy objectives and guidelines to be embodied in documents or manuals which shall be approved by the responsible member.

(2) The documents or manuals referred to in subsection (1) shall include; -

(a) a long-term plan for the appropriate ecological management of each protected area;

(b) a long-term development plan for each protected area.

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31. Regulations.- -

The responsible Member may, after consultation with the board, make regulations not

inconsistent with the provisions of this Act, in relation to-

(a) any matter which shall or may be prescribed in terms of this Act;

(b) any matter necessary to be prescribed for the purposes of the due and effective administration and execution of this Act and of ensuring that its objects are attained;

(c) any matter relating to the exercise and performance of the powers, functions and duties of the board in terms of section 13;

(d) the keeping of register records and books of account by the board;

(e) the official seal of the board;

(f) such other matters as are necessary or useful to be prescribed for the attaining of the objects of this Act, the generality of this provision not being limited by the provision of the preceding paragraphs;

(g) in relation to the procedure to be followed and steps to be taken by the board for the purpose of obtaining the responsible Members' approval or consent in cases where the board is required by this Act to obtain such approval or consent.

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32. Vesting and devolution of certain rights, obligations, duties etc. and

transitional provisions.-

(1) (a) As from the date of commencement of this Act all transactions, agreements, contracts, proceedings, matters, acts or things which, after the date of commencement of this act but prior to the date of promulgation thereof in the Gazette, were concluded, brought, performed, or done in pursuit or furtherance of the objects of the Board or the carrying on of its business and operations in accordance with the provisions of a repealed law, shall be deemed to have been lawfully concluded, brought, performed or done in accordance with the provisions of this Act.

(b) The Board of Directors appointed in tertn of the North West Tourism Council Act, 1995(Act 7 of 1995) shall continue to be the Board of Directors of that Council until such time as the responsible Member appoints a Board of Directors in terms of section 3 of this Act, in which event the first mentioned Board shall, notwithstanding any provision in any law to the contrary be dissolved from the date of the appointment of the new Board.

(c) The North West Tourism Council established in terms of section 2 of the North West Tourism Council Act, is here-by abolished.

(d) The Parks and Tourism Board shall for all purposed in law be the legal successor to all property and other assets (whether movable or immovable), rights interests, privileges, liabilities and obligations of the said Council referred to in paragraph C as from the date immediately preceding abolition in terms of paragraph C of this section.

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(e) All persons who, immediately prior to the commencement of this section, are officers and employees in the service of the Council referred to in paragraph 0 in accordance with the provisions of the North West Tourism Council Act, 1995 shall, notwithstanding the repeal of the said Act, be transferred to the service of the Board, established in terms of this Act and thereupon shall for all purposes in law be deemed to be officers or employees (as the case may be) appointed in the service of Board under section 13 of this Act.

(f) the terms and conditions of service regarding the tenure, remuneration allowances,

perquisites, leave, pension and any other benefits of any officer of employee transferred to the service of the Board under subsection (1) shall be subject to the processes and provisions stipulated by the Labour Relations Act.

(g) Any reference in any law, register, license, notice, report, deed, contract, agreement, or any other document, to the North West Tourism Council, however expressed shall, unless obviously inappropriate, be construed as a reference to the

Board established by section 2 of this Act. -

(h) The Board of Directors appointed in terms of section 3 of this Act, shall from the date of coming into effect of this Act, exercise the powers, functions and duties previously exercised by the North West Tourism Council under the North West Tourism Council Act, 1995, and any reference in that Act to that Council shall be construed as a reference to the Board.

(2) The responsible Member may by notice in the Government Gazette approve the transfer, absorption or appointment of staff from any institution or organisation to, in or at the Board, where such transfer, absorption or appointment is part of a rationalisation process whereby the Board legally succeeds such institution or organisation.

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(3) The provisions of sub-section (1) of this section shall mutatis mutandis apply in respect

of a legal succession contemplated by subsection (2).

(4) The North West Parks and Tourism Board shall, in addition to any protected areas proclaimed after coming into effect of this Act, be responsible for and have the power provided for by this Act, in respect of protected areas proclaimed or declared in term of -

(a) the Bophuthatswana Nature Conservation Act, 1973 (Act 3 of 1973);

(b) the Transvaal Nature Conservation Ordinance, 1983 (Ord. No 12 of 1983);

C) the Cape Nature Conservation Ordinance, 1974 (Ord. No 19 of 1974);

(d) the Cape Problem Animal Control Ordinance, 1957 (Ord. No. 26 of 1957); and

(e) any other law which may from time be assigned to the Province.

(5) In the event of a law being assigned to the Province in terms of the Constitution, and that law being designated to the responsible Member for the administration thereof, the responsible member may-

(a) by notice in the Gazette, repeal or amend such law;

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(b) provide for any matter consequential to such repeal or amendment, including, but not conclusive to any matter contemplated or provided for by this Act;

if the law so assigned, deals with a matter which resorts under this Act.

33. Short Title

This Act shall be called the North West Parks and Tourism Board Act, 1997, and shall come into operation on a date as ma be determined by the responsible member by notice in the Gazette: Provided that the responsible member may determine different dates for the coming into effect for different sections of the Act: Provided further that the

responsible member may determine a date of coming into effect retrospectively under this section.

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NORTH WEST APPROPRIATION ACT

No. 4 of 1997

ACT

To appropriate an amount of money for the requirement of the North-West Province during the financial year ending on the thirty-first day of March, 1998, and to provide for

incidental matters.

(English text signed by the Premier on 12 June 1997 )

BE IT ENACTED by the Premier and the Legislature of the Province of the North West as follows:

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for the financial year ending on 31 March 1998. - Subject to the provisions of the North-West Provincial Exchequer Act. 1994 (Act 4 of 1994), the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March, 1998.

2. Short title. - This Act shall be called the North-West Appropriation Act, 1997.

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Schedule

Estimates of Expenditure to be defrayed from the North West

Provincial Revenue Fund during the year ending 31 March 1998

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VOTE DEPARTMENT SCHEDULE 1 SCHEDULE 2 TOTAL

R'000 R'000 R'000

1. Premier 56,511 1,500 58,011

2. Legislature

24,295 4,300 28,595

Health and Developmental Social Welfare

Health

Developmental Social Welfare 1, 173,500 12,000 1,185,500

3.1

Provincial Service Commission 1,095,942 - 1,095,942

Safety and Security 43,385 - 43,385

Tourism and Environmental Affairs 6,690 - 6,690

Finance and Economic Affairs 31,024 55,322 86,346

Education, Sport, Arts and Culture 158,804 - 158,804

Local Government, Housing & Planning 2,701,093 45,000 2,746,093

Transport & Civil Aviation 452,322 - 452,322

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10.

Public Works and Roads 357,703 - 357,703

11.

Agriculture 627,872 - 627,872

13.

221,763 36,200 257,963

TOTAL 6,950,904 154,322 7,105,226

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NORTH WEST ROAD TRANSPORT AMENDMENT ACT, 19973/7/97

No 5 of 1997

To amend the Road Transportation Act, 1977, insofar as it applies in the Province, to add a definition, to provide for the appointment of a Provincial Taxi Registrar and specify his or her powers and duties, to provide for the registration of minibus taxi associations and their members, and non-members to provide for special measures in respect of minibus taxi services in certain area, and for matters connected therewith.

(English text signed by the Premier on 03 July 1997)

Be it enacted by the Provincial Legislature of the Province of North West as follows:

Amendment of section 1 of Act 74 of 1977

1. The Road Transportation Act, 1977 insofar as the administration of provisions thereof has been assigned to a competent authority within the jurisdiction of the government of the province of North West ( hereinafter referred to as the principal Act) is hereby amended insofar as it applies in the Province in Section 1 by the insertion after the definition of "local authority" in subsection (1) of the following definition:

"minibus taxi service" means a service for the conveyance of passengers rendered by means of a motor vehicle with a carrying capacity of not less than nine persons and not more than sixteen persons, including the driver, with no prescribed time table or fares"

Insertion of section 7A in the principal Act after section 7

2. The following section is hereby inserted in the principal Act after section &:

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7A. Appointment, powers and duties of Provincial Taxi Registrar and registration of minibus taxi associations, members and non members

(1) In this section:-

(a) "association" means a formal grouping of minibus-taxi operators or body to which two or more such groupings are affiliated, which is formed not for gain and having the main object of promoting the group interests of its members, and which intends to apply its income in promoting such interests;

(b) "inter-provincial association" means an association whose members pick up or set down passengers in two or more different provinces.

(d) "primary association" means an association to which no other association is affiliated;

(e) "registered" means conditionally or fully registered;

(f) "secondary association" means an association to which two or more other registered associations are affiliated;

(2) The Minister must, subject to the laws governing the public service, appoint a Provincial Taxi Registrar under the control of the Minister who shall be or have been a judge or magistrate, or an attorney or advocate who has practised as such for as least five years, or who, in the opinion of the Minister has an equivalent legal background or experience, who shall exercise the powers and perform the duties assigned to him or her under this section.

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(3) The Chief Director: Transport and Civil Aviation must, subject to the laws governing the Public Service, provide the staff necessary to assist the Registrar in the performance of his or her duties.

(4) No person shall be appointed as Registrar if he or she or any of his or her spouse or partner, immediate family, dependants, business partner or employer, is financially interested in any business of public transport or is an elected office bearer in an association, or is engaged in any activity which, in the opinion of the Minister, will interfere with the impartial discharge by the Registrar of the duties of his or her office.

(5) When the office of Registrar is vacant or when the Registrar is absent or is for any other reason unable to perform his or her duties, the Minister may appoint an acting registrar who must act temporarily in the Registrar's stead.

(6) The Registrar shall have the power to:-

(a) consider and decide upon any application for registration in terms of this section;

(b) grant conditional registration to any primary association or interprovincial association and their members in terms of this section;

(c) grant full registration to any primary association or interprovincial association and their members, secondary association or non-member in terms of this section;

(d) decide upon the form of the register and certificates to be kept, maintained or issued under this section; and

(e) take all reasonable steps to monitor and receive information with respect to the compliance or non- compliance of registered associations and registered non-members with the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this section;

(f) advise the minister and supply the Minister with information regarding minibus taxi matters.

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(7) The Registrar shall have the following duties:

(a) to assist in the promotion of professional practices by registered associations and their members and by non-members;

(b) to take all reasonable steps to encourage associations to register in terms of this section;

(c) to provide as much advice and assistance to associations as is reasonably possible to enable them to apply successfully for registration;

(d) to receive and consider applications for registration from associations and non-members;

(e) to consider and give a decision on-

(i) the suspension, as contemplated in subsection (26) of the registration of any registered association, member or non-member;

(ii) the deregistration, as contemplated in subsection (26), of any registered association, member or non- member.

(8) The Registrar must grant a certificate of conditional registration and a registration number to any primary association or interprovincial association and each of its members who upon application made it satisfies him or her:-

(i) that it has been in existence for a period not less than the minimum period prescribed by the Minister;

(ii) that the number of members meets the minimum prescribed by the Minister;

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(iii) that all of the information required by the Registrar in terms of this section has been provided by the association and this information has been verified in the manner described by regulation:

Provided that such conditional registration shall lapse if the association has not been fully registered within the prescribed period.

(9) The Registrar must grant a certificate of full registration and a registration number to any primary association, interprovincial association or secondary association and each of its members who upon application made by it satisfies him or her-

(i) that it has been in existence for a period not less than the minimum period prescribed by the Minister;

(ii) that the number of members meets the minimum prescribed by the Minister;

(iii) that the constitution and code of conduct submitted by the association has been signed and accepted by each of its members as binding upon such member;

(iv) that the said constitution and code of conduct are consistent with and encompass the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this section;

(v) that the association enjoys the support of relevant municipalities;

(vi) that each member in respect of whom application for registration is made holds a valid public permit for each motor vehicle that he or she operates and that his or her operations are legally within the authority of such permit;

(vii) that all of the information required by the Registrar in terms of this section has been provided by the association.

(10) The Registrar must grant a certificate of conditional registration to any member of a conditionally registered primary association or interprovincial association who upon application made by the association on his or her behalf satisfies the Registrar-

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(a) that the primary or interprovincial association to which he or she belongs is conditionally registered;

(b) that all of the information required by the Registrar in terms of this section has been provided by the member and this information has been verified in the manner described by regulation: Provided that such conditional registration shall lapse if the member has not been fully registered within the prescribed period.

(11) The Registrar must grant a certificate of full registration to any member of a fully registered primary or interprovincial association who upon application made by the association on his or her behalf satisfies the Registrar-

(a) that the primary or interprovincial association to which he or she belongs is fully registered;

(b) that he or she holds a valid public permit for each vehicle that he or she operates and that his or her operations are legally within the authority of such permit;

(c) that the said constitution and code of conduct are consistent with and encompass the provisions of the Standard Constitution and Code of Conduct prescribed in terms of this section, and

(d) that all of the information required by the Registrar in terms of this section has been provided by the association.

(13) The Registrar must grant a certificate of registration to any non-member who upon application made by him or her satisfies the Registrar that:-

(a) no primary association has been established in respect of the route or routes on which he or she operates, or

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(b) a primary association has been established in respect of the route or routes on which he or she operates but the conditions set by the associations for membership are unfair according to the criteria prescribed in the Standard Constitution and Code of Conduct or in regulations, or

(c) a primary association has been established in respect of the route or routes on which he or she operates but the association has failed in two or more applications to be granted registration, and

(d) he or she holds a valid public permit for each motor vehicle that he or she operates and that this or her operations are legally within the authority of such permit;

(e) that he or she has signed and agreed to abide by the Standard Constitution and Code of Conduct prescribed in terms of this section, and

(f) that all of the information required by the Registrar in terms of this section has been provided by such non-member.

(14) The Department of Transport and Civil Aviation may issue a distinguishing mark to any member of an association that has been conditionally registered under subsection (8) in the manner prescribed by regulation, and such member shall affix such mark and keep it affixed in the manner prescribed by regulation on all motor vehicles concerned.

(15) A distinguishing mark issued to a member of an association pursuant to a conditional registration under subsection (12) shall not exempt such member from the obligation to obtain the requisite public permit and shall be handed back to the Department of Transport and Public Works or destroyed within twenty-four hours of demand being made for its return or destruction.

(16) The Registrar must keep a register in which he or she must cause to be recorded and kept up to date such details or particulars of each association, member or non-member registered in terms of this section as are prescribed by regulation.

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(17) The Registrar must, on request and on payment of the prescribed fee, provide any person with information or statistics from the said Register.

(18) The Registrar must in every calendar year submit to the Minister an annual report containing information concerning the activities of his or her office, registration of associations and their members, the registration of non-members and other matters as the Minister may direct, and the Minister must table the report in the Provincial Legislature.

(19) The Minister must prescribe a Standard Constitution and Code of Conduct for associations and may make additional rules:-

(a) as to the requirements with which an association registered in terms of this section must comply in conduction its affairs;

(b) as to the requirements with which a non-member registered in terms of this section must comply in conducting his or her business in relation to minibus taxi services, and

(c) prescribing conduct on the part of a registered association, member or non-member which shall constitute improper conduct for the purposes of this section.

(20) The Minister must make regulations prescribing:-

(a) the minimum number of members associations hall be required to have in order to be eligible for registration under this section.

(b) the minimum period of time for which associations must have been in existence in order to be eligible for registration under this section;

Provided that different regulations may be made for different areas in the Province and different regulations may be made for new associations as opposed to established ones.

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(21) The Minister may make regulations:

(a) prescribing-

(i) a tariff of maximum joining and annual membership fees that is payable to any registered association by its members;

(ii) any other additional requirements with wich an association must comply in order to qualify for registration;

(b) determining the method of inquiry into allegations of improper conduct or failure to comply with the provisions of the Standard Constitution and Code of Conduct of which any association, member or non- member registered in terms of this section is alleged to have been guilty :

(c) providing that forms of assistance contemplated by the Provincial Government for holders of permits authorizing minibus-taxi services and associations shall be reserved for persons and associations registered under this section;

(d) prescribing the manner in which an association or non-member must apply for registration and prescribing the fees payable to the Register in respect of any such application and prescribing any annual fees which may be payable to the Registrar by any association or non-member registered in terms of this section:

Provided that different regulations may be made for different areas in the Province and different regulations may be made for new associations as opposed to established ones.

(22) Any association or non-member who desires to be registered must lodge with the Registrar in the manner prescribed an application in writing for such registration, accompanied by the prescribed application fee and such information as may be required by the Registrar.

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(23) If after considering the application and verifying the information submitted, the Registrar is satisfied that the applicant has satisfied the relevant requirements, the Registrar must register the applicant and issue to the applicant a certificate of registration and registration number.

(24) If after considering the application the Registrar is not satisfied that the applicant has satisfied the relevant requirements, the Registrar must inform the applicant of the requirements the applicant has failed to meet, and may provide the applicant with advice and assistance to enable the applicant to meet the said requirements.

(25) Upon registration of an interprovincial association, the Registrar must forward a copy of the certificate of registration and all registered details of the association to the registrar or department responsible for transport affairs in each province to or from which the members of the said association operate.

(26) Upon receiving an application from an interprovincial association which has already obtained registration in another province, the Registrar may register such association if it meets the relevant requirements specified in this section, but may exempt such association from the obligation to pay an application fee and annual registration fees, if similar fees have been paid or are payable in another province.

(27) The Registrar may, on receipt of a complaint, accusation or allegation or on the ground of information which has come to his or her notice and which may point to the failure of an association or non-member registered in terms of this section to comply with the rules set out in

the Standard Constitution and Code of Conduct, conduct an inquiry in the manner determined or prescribed in terms of this section.

(28) Where any registered association or registered non-member is found in terms of such inquiry to have failed to comply with the rules set out in the Standard Constitution and Code of Conduct, for reasons within the control of the association or non-member directing that the Standard Constitution and Code Conduct be complied with an setting out the steps to be followed within a stated period, and if such notification is not

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complied with, a warning to comply within a state period.

(29) If the notification referred to in subsection (25) is not complied with the Registrar must supply the association or non-member with reasonable assistance to comply therewith, and still failing such compliance may-

(a) impose a fine not exceeding the amount prescribed or

(b) send a written order signed by him or her of temporary suspension of the certificate of registration; or

(30) The Registrar must immediately after issuing an order that the name of any association or non-member be struck off the Register, forward a certified copy thereof to a senior official in any government department or institution providing any benefits or assistance to that association or its members or that non-member.

(31) A person who is dissatisfied with a decision of the Registrar, may take the matter on appeal to the Minister within the time and in the manner which shall be prescribed by regulation.

(32) The Minister may establish a panel of assessors to be know as the Taxi Registrar's Panel of Assessors, the constitution and functioning of which shall be determined by the Minister by regulation.

(33) The functions of the Panel shall be to advise the Registrar in the performance of his or her functions and to monitor the performance of such functions at the request to the Minister.

(34) No person shall be appointed as an assessor if he or she or his or her spouse or partner, immediate family, dependant, business partner or employer, is financially interested in any business of public transport or is an elected office bearer in an association, or is engaged in any activity which, in the opinion of the Minister, will interfere with the impartial discharge by the Registrar of the duties of his or her office.

(35) Any person who displays a distinguishing mark on a vehicle used for minibus taxi services, which has not been lawfully issued in terms of this Act or any other law, shall be guilty of an offence and liable on

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conviction to a fine not exceeding R1500.

Insertion of Section 7B in the principal Act after section 7A

3. The following section is hereby inserted in the principal Act after section 7A:

7B. Special emergency measures in respect of minibus taxi services in certain areas

(1) The Minister may require that every holder of a public permit authorizing the conveyance of persons in respect of minibus taxi services in an area to be announced by the Minister by notice in the Gazette, shall apply in the manner and on the form prescribed for the reissuing to him, her or it of such permit, within the time prescribed, failing which such permit shall lapse: Provided that all such reissued permits shall specify the route or network of routes on which the holder may operate.

(2) In an area declared under subsection(1), an authorized officer who is reasonable satisfied that a motor vehicle is being used for unauthorized road transportation in respect of minibus taxi services, may impound

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such vehicle for a period not exceeding fourteen days unless the operator concerned proves to the satisfaction of the Department of Transport and Civil Aviation that he, she or it was not undertaking unauthorized road transportation or that he, she or it qualifies for conditional registration in terms of section 7A(8).

(3) Subject to the fourteen day restriction in subsection(2), a vehicle impounded under subsection (2) shall be dealt with in the manner prescribed by regulation and shall not be released until the Minister is satisfied that the operator concerned has obtained the requisite public permit to operate on the route concerned, or has obtained conditional registration under section 7A(8), or that the situation in the area concerned has normalised in terms of a cessation of violence and lawlessness, and an administration fee of R500 has been paid to the Department of Transport and Civil Aviation, which fees shall be used to defray the costs of establishing and maintaining the relevant pound or pounds and the balance, is any, shall be paid into the Provincial Revenue Fund.

(4) If a vehicle impounded under subsection (3) is again apprehended for undertaking unauthorized road transportation in the area, it may be impounded again, in which case subsections (2) and (3) above shall apply mutatis mutandis, except that the administration fee referred to in subsection (3) shall be R1000 for the second impoundment and shall be doubled for each subsequent impoundment.

(5) Impoundment of a vehicle under this subsection shall not exempt the operator, owner or driver thereof from being prosecuted for any offence under this Act or a law relating to the regulation and control of road traffic.

(6) The Minister may make regulations providing that one or more routes or ranks shall be closed to the

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operation of minibus taxi services in an area declared under subsection (1) for a period stated in the notice, and that no person may undertake such service on such route or routes or in such rank or ranks during such period. Such regulations may provide that the contravention thereof will constitute an offence and prescribe penalties in respect thereof.

(7) Regulations under subsection (6) may provide for the issuing of emergency permits to motor vehicles with a carrying capacity of more than sixteen persons, including the driver, to operate the closed routes for the period of their closure.

Repeal of Act 31 of 1979

(4) (1) The Bophuthatswana Road Transportation Act 31 of 1979 is hereby repealed.

(2) Subject to the provisions of this section, any appointment, designation, regulation, notice or document made, published or issued or any other thing done under any provisions of a law repealed by subsection (1) shall be deemed to have been made, published, issued or done under the corresponding provisions of this Act.

(3) Any local road transportation board or transportation board operating in the Province established under the Act repealed by subsection (1) is hereby dissolved.

(4) For the purpose of subsection (2), any motor carrier certificate or exemption from the obligation to take out a motor carrier certificate which was issued under the Act repealed by subsection (1) and which according to the nature of the road transportation authorized by it, could be granted and issued under this Act as a public permit, shall be deemed to be a public permit granted and issued under this Act.

(5) Any application for the grant of such a certificate or exemption which has not been disposed of at the commencement of this section shall be deemed to be an application under this Act for the grant of the appropriate permit.

Short title

4. This Act shall be called the North West Road Transportation Amendment Act, 1997.

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NORTH WEST ROAD TRANSPORTATION ACT AMENDMENT ACT, 1997

EXPLANATORY MEMORANDUM

Continuous violence in the minibus taxi industry has been responsible for the death and injury of many drivers and their passenger over the past years, and this unacceptable situation has escalated recently. The situation in the Soshanguve area in particular has led to the death of several persons in the space of a few weeks.

A major cause of the violence is the operation on various routes by taxi operators not authorized to do so in terms of agreements between various taxi associations, and the breach of such agreements by such associations and their members. This leads to confrontation and violence.

The National Minister of Transport in 1995 initiated a process of consultation with the taxi industry through the establishment of the National Taxi Task Team (NTTT). This forum tabled final recommendations on 6 August 1996 which are acceptable to the minibus taxi industry. Government policies have been set out in the White Paper on National Transport Policy published in September 1996. Pursuant to the White Paper on National Land Transport Bill has been approved by the National Cabinet and is currently in the legislative process. When this Act enters into force, it will apply in the provinces and regulate the minibus taxi industry, among other modes, according to the negotiated and agreed guidelines and principles.

One of the recommendations of the NTTT was that taxi operators should be registered and that there should be a process of legalising existing illegal operations that meet certain criteria. Therefore, the Province in conjunction with the National Department of Transport and other provinces has initiated a process of registering taxi associations and members as an administrative process. The bill provides for the appointment

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of a Provincial Taxi Registrar by the MEC, as a permanent institution, with support staff, and provides for his or her powers and duties. Later, if so decided, the Registrar's duties can be expanded to include the registration of operators in other transport modes.

The Bill provides for the registration of associations and their members. Non-members who hold valid permits may be registered if they can show that there is no primary association operating on the route in question or that there is such an association but its conditions for membership are unfair, or that such an association has failed in two or more attempts to obtain registration.

The MEC, together with the National Minister of Transport and the MEC for Gauteng Province, has initiated urgent action plants to address the violence referred to above and other problems in the taxi industry. The enforcement of the law relating to minibus taxis is bedevilled by the fact that it is impossible to identify legal operators and those who are in the process of being legalised and distinguish them from totally unacceptable operators. This Bill will enable the controlling authorities to properly control and enforce the proper operations of taxi operators, for the good of the commuter being served, by instituting the compulsory prominent display of identifying marks in respect of permit son the vehicle and of distinguishing marks for operators whose associations have been conditionally registered.

The Action Plan, supported by this Bill, will empower the enforcement agencies (Traffic Officers, road transportation inspectors, SA Police Services and the SA Defence Services) to act against offenders and to apply the appropriate penalties and enforcement measures.

This draft Bill is consistent with the national and provincial policies referred to above, and its provisions will probably later form part of future more permanent legislation.

It should be noted that the definition of "Minister" in the principal Act refers to the MEC.

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NORTH-WEST BUSINESS ACT,1997

NO. 6 OF 1997

(English text signed by the Premier)

ACT

To consolidate and amend certain laws in force in the Province regarding the licensing and carrying on of businesses; to repeal or amend other laws regarding such licensing and carrying on of businesses; and to provide for matters connected therewith.

(English text signed by the Premier on 02 September 19974

------

BE IT ENACTED by the Provincial Legislature of the Province of North West, as follows

Definitions

1. In this Act, unless the context otherwise indicates

(i) "business", for the purposes of section 2, means any business referred to in Schedule 1, but excluding a business mentioned in Schedule 2;

(ii) "business premises", in relation to a business referred to in item 1 (1) or 2 of Schedule 1, means the premises upon, in or from which the business is or is to be carried on;

(iii) "carry on business" includes the opening or keeping open of any premises for such purposes;

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iv) "condition", in relation to a licence, means a condition imposed under section 2(6)(b) or 2(8)(a) and specified in the relevant licence;

(v) "employee" means any person employed by or working for any employer and receiving or entitled to receive any remuneration, and any other person whomsoever who in any manner assists in the carrying on or conducting of the business of an employer;

(vi) "employer" means any person whomsoever who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him or her, or who permits any person whomsoever in any manner to assist him or her in the carrying on or conducting of his or her business;

(vii) "foodstuff' means foodstuff as defined in section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54 of 1972);

(viii) "hawker's licence" means a licence to carry on any business referred to in item 3(1) of Schedule 1;

(ix)" licence ", in relation to a business, means a licence referred to in section 2(3);

(x) " licence holder" means a person who is the holder of a licence;

(xi) "licensing authority" means any local authority, or person or body, designated or appointed under section 2 as a licensing authority;

(Xii) local authority" means a transitional council, transitional metropolitan substructure or local government body contemplated in section 1 (1) of the Local Government Transition Act, 1993 (Act No. 209 of 1993);

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(xiii) "officer' means -

(a) a traffic officer appointed under section 3 of the Road Traffic Act;

(b) a member of the South African Police Service;

1977 (Act No. 51 of 1977);

(xiv) "premises" includes any land, building, structure, part of a building or of a structure, or any vehicle, conveyance, vessel or aircraft;

(xv ) "prescribed" means prescribed by regulation;

(xvi) "public road" means a public road as defined in section 1 of the Road Traffic Act;

(xvii) "regulation" means a regulation made by the responsible Member under section 6(1) or

7(4)(a)(I);

(xviii) "responsible Member" means the Member of the Executive Council responsible for economic affairs;

(xix) "Road Traffic Act' means the Road Traffic Act, 1989 (Act No. 29 of 1989), the Road Traffic Act, 1973 (Act No. 7 of 1973)(Bophuthatswana), whichever is in force in the areas concerned;

(xx) "sell" includes to prepare, process, store, offer or display for sale;

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(xxi) "this Act includes a regulation.

Licensing authorities and licensing of business

2. (1) (a) The responsible Member may by notice in the Provincial Gazette designate a local

authority, or appoint any person or body, as a licensing authority for an area which the responsible Member specifies or defines in the notice, to undertake from a date specified in the notice the licensing of businesses in the area concerned;

(b) A local authority may so be designated-or appointed for any area, whether in or outside its own area of jurisdiction, including the area of jurisdiction of any other local authority or any part of such an area.

shall do so with the concurrence of -

(i) the local authority, or person or body, designated or appointed as licensing

authority,

(ii) in the case of the designation or appointment of a local authority as licensing

authority for an area comprising the jurisdiction of another local authority or any

part thereof that other local authority;

(iii) in the case of the appointment of a person or a body as licensing authority for

an area comprising the area of jurisdiction of a local authority in any part thereof,

that local authority.

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(2) The responsible Member may at any time, after consultation with the relevant licensing authority, amend or withdraw a notice under subsection (1) by notice in the Provincial Gazette.

(3) No person shall, with effect from the date specified in a notice under subsection (1) in

respect of a specific licensing authority, carry on any business in the areas of that licensing

authority -

(a) unless, in the case of a business referred to in item 1 (1) or (2) of Schedule 1, he or she

is the holder of an appropriate licence issued to him or her by the licensing authority

in respect of the business premises concerned;

(b) unless, in the case of a business referred to in item 3(1) of Schedule 1, he or she is the

holder of a hawker's licence issued to him or her by the licensing authority;

(4). A licensing authority shall, subject to the provisions of subsection (6), issue a licence

which is properly applied for unless -

(a) In the case of a business referred to in item 1 (1) or (2) of Schedule 1, the business premises do not comply with a requirement relating to town planning, or the safety or health of the public of any law which applies to those premises;

(b) in the case of a business referred to in item 1 (1) or 3(1) of Schedule 1, any apparatus, equipment, storage space, working surface, structure, vehicle,-conveyance or-any other article or place used for or in

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connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public;

(i) the applicant, whether or not he or she is or will be in actual and effective control of the business; or

(ii) if another person is or will be so in control, that other person, is not a suitable person to carry on the business, whether, by reason of his or her character, having regard to any conviction recorded against him or her, his or her previous conduct or for any other reason;

(d) in the case of an application for a hawker's licence, such a licence of which the applicant concerned was the holder, was withdrawn under subsection (9) at any time during the preceding 12 months.

(5) (a) For the purposes of subsection (4)(c), a licensing authority may ask the South African Police Service for a report stating particulars of all convictions, if any, recorded against an applicant concerned or against any person referred to in subsection (4)(c)(ii)

(b) For the purposes of such a report any member of the South African Police Service may require the applicant or person concerned to fin-nish such information and particulars including any finger-print, palm- print or foot-print as that member may consider necessary.

(6) In considering an application for a licence, a licensing authority may -(a) grant the application on condition that -(i) the business premises concerned shall, before the licence is issued, comply with a requirement contemplated in subsection (4)(a) stipulated by the licensing authority and made known in writing to the applicant;

any apparatus, equipment, storage space, working surface, structure, vehicle,

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conveyance, article or place referred to in subsection (4)(b,) shall, before-the

licence is issued, comply with a requirement contemplated in that subsection

so stipulated and made known; or

(b) issue the licence subject to any condition therein specified in terms of which the

licence holder shall in connection with the business premises or any such apparatus,

equipment, storage space, working surface, structure, vehicle, conveyance, article

or place -

(i) comply with a specific requirement contemplated in subsection (4)(a) or

(b) as the case may be; or

(ii) within a specific period comply with such a requirement.

(7) A licensing authority may, on application by a licence holder, by way of endorsement

on the licence -

(a) amend a condition;

(b) extend the period referred to in subsection (6)(b)(ii);

(d) indicate that a condition specified in the licence has been complied with.

(8) (a) A licensing authority may at any time, after giving the licence holder concerned a reasonable opportunity to be heard, if it considers it necessary on the ground of changed circumstances, in relation to a business or the relevant business premises, by way of endorsement on the licence concerned, amend a condition or impose a condition referred to in subsection (6)(b).

(b) For the purposes of paragraph (a) a licensing authority may require a licence

holder, in writing, to produce his or her licence to the licensing authority.

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(9) A licensing authority may at any time, after giving the licence holder concerned a

reasonable opportunity to be heard, withdraw or suspend a licence -

(a) on the ground that the business premises do not comply with a requirement contemplated in subsection (4)(a);

(b) on the ground that the licence holder failed to produce his or her licence to the licensing authority within 14 days after the receipt of a written request referred to in subsection (8)(b);

(c) in the case of business referred to in item 2 of Schedule 1, if the licensing authority is satisfied that, if application had been made at that time for the_licence concerned, the application could have been refused by virtue of subsection (4)(c);

(d) in the case of business referred to in item 1(1) or 3(1) of Schedule 1, on the ground

that -

(i) any other foodstuff sold by the licence holder does not comply with a

requirement of a law relating to the health of the public;

(i) any apparatus, equipment, storage space, working surface, structure, vehicle, conveyance or any other article or place used for or in connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public. A licensing authority shall make a decision on any application in terms of this Act within 21 days after the receipt of the application or within such extended period as may be agreed upon between the licensing authority and the applicant concerned.

(ii) When a licensing authority decides to refuse an application for a licence, or to grant such an application subject to a condition contemplated in subsection (6)(a), or to issue a licence subject to a condition, or to amend or impose a condition under subsection (8), or to withdraw or suspend a licence, it shall as soon as practicable -

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(a) notify the applicant or licence holder concerned in writing of its decision;

(b) furnish the applicant or licence holder concerned in writing with the reasons for its decision;

(12) The issue of a licence shall not relieve the licence holder of complying with any law

or legal requirement in connection with the business or premises concerned.

Appeals

3. (1) Any person who is aggrieved by a decision of a licensing authority m-ay appeal against

the decision in accordance with the provisions of a regulation contemplated in section

(6)(1) (a) (vi).

(10)

Amendment of Schedule 2

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4. (1) The responsible Member may, whenever he or she deems it necessary or expedient in the

public interest or for the better attainment of the ob ects of this Act, amend Schedule 2 by notice in the Provincial Gazette, by altering or adding any item.

(2) Different amendments may be so effected in respect of different areas.

Penal provisions

5 (1) Any person who contravenes a provision of section 2(3) shall be guilty of an offence and

liable on conviction -

(a) to a fine, or imprisonment for a period not exceeding three months, or to both such fine and such imprisonment; and

(b) to an additional fine not exceeding R 10 for every day on which the offence continues.

(2)(a) When a person in control of a business, or a director, manager, employee or agent, of a licence holder performs any act which it would be an offence under subsection (1), read with section 2(3)(c), for that licence holder to perform himself or herself, the licence holder shall be deemed to have performed the act himself or herself, and shall be liable on conviction to the penalties mentioned in subsection (1), unless he or she proves to the satisfaction of the court that -

(i) in performing the act the person in control, or the director, manager, employee or agent, was acting without his or her knowledge or permission;

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(ii) all reasonable steps were taken by him or her to prevent the performance of any act of the kind in question; and

(iii) it was not within the scope of the authority or the course of employment of the person in control, or the director, manager, employee or agent, to perform any act of the kind in question.

(b) The fact that a licence holder issued instructions forbidding any act referred to in

subsection (1), shall not by itself be accepted as sufficient proof that he or she took

all steps referred to in paragraph (a)(ii)

anything done by any other person, that other person shall also be liable as if he or

she were the licence holder.

(3) In any prosecution for an offence referred to in subsection (1), an allegation in thecharge concerned shall be presumed to be correct unless the contrary is proved, that

(a) any goods with which a business was carried on or which were used in connection with a business were or were not of a particular kind, class, type or description;

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(b) any place is situate in a particular area;

(4) A fine imposed or bill estreated in respect of an offence under subsection (1), shall accrue-

(a) where the offence was committed within the areas of jurisdiction of a local authority, to that local authority;

(b) in any other case, to the Provincial Revenue Fund.

Regulations

6 (I)The responsible Member may make regulations regarding -

(a) the attainment of the objects of sections 2 and 3, including, without prejudice to

the generality of the aforegoing -

(i) the constitution of any body appointed as a licensing authority;

(ii) the powers, duties and functions of licensing authorities;

(iii) applications that are required or permitted to be made for the purposes of

the said sections;

(iv) the issuing, amendment, suspension, withdrawal and transfer of licences;

(v) the issuing of duplicates of licences;

(vi) appeals in terms of section 3, including the referral of appeals to appeal

committees, and the constitution, functions and procedures, and the legal

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effect of findings, of such committees;

(vii) the liability of any person for reasonable expenses in respect of inspections or the performance of any other act in relation to any matter specified in this paragraph;

(viii) the appointment of inspectors, and their powers, duties and functions

(ix) the provision of administrative services to licensing authorities;

(x) the delegation or assignment by a licensing authority of itMmwers or-duties;

(xi) any matter which in terms of this Act is required or permitted to be prescribed by regulation;

(xii) in connection with any matter contemplated in this paragraph, the powers,

dutits and functions of local authorities in relation to any such matter,

including the power to make by-laws in respect thereof and so to enact, subject

to the provisions of this Act, such penal, differential and exempting provisions

as may be deemed necessary;

(b)(i) the disposal of any goods, receptable, vehicle or movable structure removed and

impounded as contemplated in section 7(1)(d)(ii);

(ii) the liability of any person for any reasonable expenses incurred in

connection with such removal, impoundment and disposal.

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(2) Different regulations may be made in respect of different businesses, area or local authorities.

(3) A regulation may prescribe penalties of a fine, or imprisonment for a period not exceeding three months, for any contravention of a failure to comply with its provisions.

(4) (a) The responsible Member shall, not less than one month before promulgating a

regulation under subsection (1), ca u-se a draft of the regulation to be published in the

Provincial Gazette, together with a notice declaring his or her intention to issue such

a regulation and inviting interested persons to furnish him or her with comments

thereon or representations in connection therewith.

(b) If the responsible Member determines upon any alteration on a draft regulation so published, as a result of comments or representations furnished to him or her in respect thereof, it shall not be necessary to publish the alteration in terms of this subsection before the amended draft is promulgated as a regulation.

(5) The provisions of any law which warrants the seizure of articles, including Chapter 2 of

the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall not apply in respect of the

seizure of anything -

(a) which is concerned in or suspected to be concerned in the commission of an

offence -

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(i) in terms of this Act or in terms of a by-law contemplated in section 7(1); and (ii) relating to the carrying on of the business of street vendor, pedlar or hawker;

(b) which may afford evidence of the commission or suspected commission of such an offence; or

Powers of local authority regarding business of street vendor, pedlar or hawker

7. (1) (a) A local authority may, with the approval of the responsible Member, make by laws

regarding -

(i)) the supervision and control of the carrying on of the business of street vendor, pedlar or hawker;

(ii) the restriction of the carrying on of such business -

(aa) in a garden or park to which the public has a right of access;

(bb) on a verge as defined in section 1 of the Road Traffic Act, contiguous to -

(A) a building belonging to or occupied solely by the State or the local authority concerned;

(B) a church or other place of worship;

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(cc) in an area declared or to be declared under subsection (2)(a);

( iii) the prohibition of the carrying on of such business -

(aa) in a garden or park as contemplated in subparagraph (ii)(aa);

(bb) on a verge so defined as contemplated in subparagraph (ii)(bb);

(cc) in an areas declared or to be declared under subsection (2)(a);

(dd) at a place where -

(A) it causes an obstruction in front of a fire hydrant or an entrance to or exit from a building;

(B) it causes an obstruction to vehicular traffic; or

(ee) on that half of a public road contiguous to a building used for residential purposes, if the owner or person in control or any occupier of the building objects thereto.

(ff) On a verge contiguous to a building in which business is being carried on by any person who sells goods of the same nature or of a similar nature to goods being sold by the street vendor, pedlar or hawker concerned, without the consent of that person.

(b) No by-law restricting or prohibiting the carrying on of business in an area declared or to be declared under subsection (2)(a) shall be made under this subsection as contemplated in subparagraph (ii)(cc) or (iii) (cc) unless the local authority has first considered a report of a committee appointed by the local authority from persons carrying on the business of street vendor, pedlar or hawker in that area or their representatives, the owners of and persons carrying on business in buildings in that area or their representatives, and such

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members and officers of the local authority as it may determine, on whether the intended restriction or prohibition will drive out of business a substantial number of street vendors, pedlars or hawkers.

paragraph (a)(ii), shall not -

(i) restrict the canying on of the business of street vendor, pedlar or hawker

to -

(aa) specified hours or places; or

(bb) specified goods or services;

(ii) impose a restriction or requirement in relation to a street vendor, pedlar

or hawker that is not in terms of any other by-law or regulation of the

local authority concerned imposed in relation to a person carrying on

business in the same goods and services on fixed premises : Provided that this subparagraph shall not prevent the making of a by-law-which is necessitated by reason of the business concerned being carried on elsewhere other than on fixed premises. (d) No by-law made under this subsection shall -

(i) require a street vendor, pedlar or hawker to hold a licence, permit, authority, certificate or approval in respect of such business : Provided that a by-law may prohibit a person from carrying on such business on any stand or in any area contemplated in subsection (3)(b) if he or she is not in possession of proof that he or she has hired such stand or area from the local authority concerned or that it has otherwise been allocated to him or her;

(ii) prohibit the carrying on of such business -(aa) within a specified distance from any specified place or point; (bb) at any place for longer than a specified period; (cc) if the business concerned is not periodically moved from place to place;

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(iii) protect any person against trade competition. (e) A by-law made under this subsection -

(i) may, for any contravention thereof or failure to comply therewith, prescribe a penalty of a fine or imprisonment for a period not exceeding three months;

(ii) may provide for the removal and impoundment by an officer of any goods, receptacle, vehicle or movable structure -(aa) which he or she reasonably suspects is being used or intended to be used or has been used in or in connection with the carrying on of the business of street vendor, pedlar or hawker; and

(bb) Which he or she finds at a place where in terms of a by-law under paragraph (a)(ii) or (iii), the carrying on of such business is restricted or prohibited and which, in his or her opinion, constitutes an infringement of such by-law, whether- or not such goods, receptable, vehicle or movable structure is in the possession or under the control of any person at the time

of such removal or impoundment.

(2) (a) A local authority may, subject to the provisions of paragraphs (b) up to-and including

by resolution declare any place in its area ofjurisdiction to be to be an area which the carrying

on of the business of street vendor, pedlar or hawker may be restricted or prohibited.

(b) A motion that steps be taken to declare an area under this subsection shall be dealt with a meeting of the local authority.

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(c) Before such a motion is adopted, the local authority shall have regard to and consider a report of a committee appointed as contemplated in subsection (1)(b) on -(i) the effect of the presence of a large number of street vendors pedlars or hawkers in that area; and

(ii) whether more effective supervision or control in that area, including negotiations with any person carrying on in that area the business of street vendor, pedlar or hawker or their representatives, will make such declaration unnecessary.

(d) If such a motion is adopted the local authority shall cause a plan to be prepared showing the position of the areas concerned.

(e) On completion of the said plan the local authority shall cause to be published in a newspaper circulating in the area of jurisdiction of that local authority, a notice setting out intention to effect the restriction or prohibition concerned as well as its reasons therefor, stating that the said plan is open for inspection at a place and during the hours mentioned in the notice and calling upon any person who has any objection to the intended restriction or prohibition to submit in writing to the local authority within a period mentioned in the notice, which period shall not be shorter than 21 days following the day upon which the notice appeared in the newspaper, such objection or objections.

(f) The local authority shall, at least 21 days before the last day on which objections may be submitted in terms of such notice, cause a copy of the said notice to be displayed at a suitable place in or near the area concerned.

(g) The local authority shall consider every objection submitted in terms of paragraph (e) or (f) and may thereafter resolve on the declaration of the area concerned.

(h) The local authority shall cause the declaration to be published in the Provincial Gazette, and such declaration shall take effect on the date of such publication,

(i) The local authority shall forthwith after the publication referred to in paragraph (h),

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submit to the responsible Member a copy of-the plan of the area, the notice published in the newspaper in terms of paragraph (e), the notice published in the Provincial Gazette in terms of paragraph (h) and all objections received, together with its comments thereon.

G) The responsible Member may within a period of 60 days after such submission and after consultation with the local authority concerned, by notice of the Provincial Gazette

amend or revoke the declaration concerned.

Notwithstanding the provisions of section l7Q2) of the Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983), a local authority shall not authorize any

committee of, or any officer or employee in the service of, the local authority to perform any duty assigned to the local authority by or under paragraph (b),(c) or (g).

(3) Notwithstanding the provisions of any other law, a local authority may -

(a) by resolution, after compliance mutatis mutandis with the provisions of subsection (2)(b) up to and including (h), lease any verge as defined in section 1 of the Road Traffic Act, or any portion thereof, to the owner or occupier of the contiguous land on the condition that such owner or occupier shall admit a specified nuniber of street vendors, pedlars or hawkers in stands or places or such verge designated by such

owner or occupier;

(b) (i) set apart by resolution and demarcate stands or areas for the purposes of the carrying on of the business of street vendor, pedlar or hawker on

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any public road the ownership or management of which is vested in the local authority or on any other property in the occupation and under the control of the local authority, and

(ii) in like manner extend, reduce or disestablish any such stand or area;

(c) by agreement let or otherwise allocate any stand or area demarcated under paragraph (b)(I) or otherwise established for such purposes.

4 (a) The responsible Member may, in respect of any area outside the area of jurisdiction of a local authority -

(i) subject to the provisions of paragraph (b), make regulations regarding supervision and control of the carrying on of the business of street vendor, pedlar or hawker, the restriction on the carrying on of such business as referred to in subsection (1)(a)(ii) and the prohibition of the carrying on of such business as referred to in subsection

(1)(a)(iii), and the provisions of subsection (1)(c), (d) and (e) shall mutatis mutandis apply in respect of such regulations;

(ii) subject to the provisions of paragraphs (d) and (e) declare any place in such area to be an area in which the carrying on of such business may be restricted or prohibited;

(iii) lease an-y- verge as referred to in subsection (3)(a), or any portion thereof, to the owner or occupier of the contiguous land on the condition so referred to;

(iv) set apart and demarcate stands and areas for the purposes of the carrying on of the business of street vendor, pedlar or hawker on any public road the ownership or management of which is vested in the government of the Province or on any other property in the occupation and under the control of the

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government of the Province and in like manner extend, reduce or disestablish any such stand or areas so set apart or demarcated;

(v) by agreement let or otherwise allocate any stand or area demarcated under subparagraph (iv) or otherwise established for such purposes.

(b) Before the responsible Member makes a regulation as contemplated in paragraph

(a)(i), he or she shall consider the factor contemplated in subsection (1)(b).

areas.

(d) Before the responsible Member makes a declaration as contemplated in paragraph

(a)(ii), he or she shall -

(i) have regard to the effect referred to in subsection (2)(c)(i) and consider the factor contemplated in subsection (2)(c)(ii);

(ii) cause a plan to be prepared as referred to in subsection (2)(d);

(iii) cause a notice to be published as referred to in subsection(2)(e);

(iv) cause a notice to be displayed as referred to in subsection (2)(f)

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(v) consider every objection submitted in terms of paragraphs (iii) and (iv).

After the responsible Member has made such declaration, he or she 'shall cause it to be

published in the Provincial Gazette, and such declaration shall take effect

on the date of such publication.

Repeal of Act 71 of 1991

8. (1) The laws mentioned in Schedule 3, in so far as they are in force in any part of the Province of North West, are hereby repealed to the extent indicated in the third column there of

(2) Anything done or deemed to have been done under a provision of a law repealed by subsection (1),-and which is capable of being done under a provision of this Act, shall be deemed to have been done under the last-mentioned provision.

Repeal of trade licensing laws in force in certain territories, continuation of certain pending matters, saving of certain licences and health and extension regulations, and saving of jurisdiction of certain licensing authorities.

9 (1) The laws mentioned in Schedule 4, in so far as they are in force in any part of the Province

of North West, are hereby repealed.

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(2)(a) Notwithstanding the repeal of any law by subsection (1), any application made before the commencement of this Act in terms of such a law for a licence or authority in respect of a business as defined in this Act and not disposed of shall, subject to the provisions of paragraph (b), be continued and disposed of as if that law were not so repealed.

(b) The provisions of section 2(4), (5), (6) and (10) of this Act shall mutatis mutandis apply in relation to an application contemplated in paragraph (a).

(3) Any licence or other authority which has been issued or granted in terms of a law

making of street trading bylaws, and temporary saving of such bylaws.

(4)(a) The responsible Member may-

(I) make provision in relation to the constitution of any licensing authority contemplated in paragraph (a) and in relation to inspectors and the provision of administrative services to such authority, by regulation as contemplated in section 6(1)(a)(I), (viii) and (ix) of this Act;

(ii) amend the area for which any such licensing authority is deemed to be appointed or withdraw such appointment, by notice in the Provincial Gazette as contemplated in section 2(2) of this Act.

Deletion of provisions of local government laws in force in certain territories authorising making of street trading bylaws and temporary saving of bylaws.

10 (1) The laws specified in Schedule 5, in so far as they are in force in any part of the Province of North West, are hereby amended to the extent indicated in the third column thereof.

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(2) Bylaws made under a provision of a law deleted by virtue of an amendment in terms of subsection (1) shall, notwithstanding such deletion, remain in force -

(a) until the date on which such bylaws are repealed or substituted by bylaws or regulations made under section 7 of this Act by the local authority concerned

or the responsible Member; or

(b) until a date six months after the commencement of this Act, whichever is the earlier date.

Repeal or amendment of other laws in force in certain territories affecting trade licensing or street trading.

11. The laws specified in Schedule 6, in so far as they are in force in any part of the Province of the North West, are hereby repealed or amended to the extent indicated in the third column thereof.

Repeal of licensing provisions of Ordinance 17 of 1939

11(1) Subject to the provisions of subsections (2) and (3), the provisions of the Local

Government Ordinance, 193 9 (Ordinance No. 17 of 1939), are hereby repealed in so far as they confer a power to make by-laws prohibiting the carrying on of any business unless a licence, permit, authority, certificate or approval has been issued or granted in respect of the business concerned.

(2) The repeal by subsection (1) of any particular provision shall take effect on a date determined by the responsible Member by notice in the Provincial Gazette.

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(3) Different dates may under subsection, (2) be so determined in respect of different

provisions, different areas of jurisdiction of different local authorities, or different

defined areas.

Short title

13. This Act shall be called the North-West Business Act, 1997.

Schedule 1

BUSINESS IN RESPECT OF WHICH A LICENCE IS REQUIRED

[section 2]

Item 1: Sale or supply of meals or perishable foodstuffs

(1) The carrying on of business by the sale to consumers of -

(a) any foodstuff in the form of meals for consumption on or off the business

premises; or

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(b) any perishable foodstuff.

(2) For the purposes of sub item (1) "perishable foodstuff' means any foodstuff or

category of foodstuffs declared by the responsible Member by notice in the

Provincial Gazette to be a perishable foodstuff for the purposes of this item.

Item 2: Provision of certain types of health facilities or entertainment.

The carrying on of business by

(a) providing turkish baths, saunas or other health baths;

(b) providing massage or infra-red treatment;

person;

(d)keeping three or more mechanical, electronic or electrical contrivances, instruments, apparatus or devices which are designed or used for the purpose of the playing of any game or for the purpose of recreation or amusement, and the operation of which involves the payment of any valuable consideration, either by the insertion of a coin, token coin or disc therein or in an appliance attached thereto or in any other manner

(e)keeping three or more snooker or. billiard tables

(f)keeping or conducting a night club or discotheque

(g)keeping or conducting a cinema or theatre.

Item 3: Hawking in meals or perishable foodstuffs

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(1) The carrying on of business, Whether as principal, employee or agent, by seffing any foodstuff in the form of meals or any perishable foodstuff -(a) which is conveyed from place to place, whether by vehicle or otherwise; (b) on a public road or at any other place accessible to the public; or 0 in, on or from a movable structure or stationary vehicle, unless the business is covered by a licence for a business referred to in item 1 of the Schedule.

(2) For the purposes of sub item (1) "perishable foodstuff' means any foodstuff or category of foodstuffs declared under item 1(2) of this Schedule to be a perishable foodstuff.

Schedule 2

BUSINESS EXCLUDED FROM BUSINESS REFERRED TO IN SCHEDULE 1

1. A business which is carried on by the State or local authority.

A business which is carried on by a charitable, religious, educational, cultural or

agricultural association, organization, or institution of a public nature, if all profits

derived from the business are devoted entirely to the purposes of that or any other such

association, organization or institution.

In the case of a business referred to in item 1(1) of Schedule 1, such a business which is

carried on -

(a) by a social, sports or recreation club which is a non-proprietary club and restricts the business to the sale or supply to its members and their guests of foodstuffs for consumption on or in the business premises;

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(b) by or on behalf of an employer for an employee as such of the employer.

4 A business referred to in item 1 (1)(a) of Schedule 1, if the meals concerned are prepared and sold in a private dwelling.

5 In the case of a business referred to in item 1(1)(b) of Schedule 1, the sale of a perishable foodstuff referred to in that item, by a person who belongs to a category of persons which the responsible Member, in the relevant notice under item 1(2) of that Schedule, has exempted from the provisions of section 2(3) of this Act, read with the said item 1 (1)(b), in relation to the perishable foodstuff concerned.

Schedule 3

BUSINESS LAWS REPEALED

[section 81

Number

And year

Title of Law

Extent of Repeal or

Amendment

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Act No. 71 of 1991Business Act, 1991

The whole, except section 7 in so far as it repeals or amends any provision of the Shop Hours Ordinance, 1986 (Ordinance No. 8 of 1986) Transvaal), the Medicines and Related Substances Control Act, 1965 (Act No. 10 1 of 1965), or the Road Traffic Act, 1989 (Act No. 29 of 1989).

Act No. 186 of 1993 Businesses Amendment The whole

Act 1993

Schedule 4

LICENSING LAWS REPEALED

[section 91

Bophuthatswana

Act No. 26 of 1979

Act No. 50 of 1980

Act No. 9

Act No. 23 of 1988

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Act No. 7 of 1993

Business and Trading Undertakings Act, 1979

Business and Trading Undertakings

Amendment Act, 1980

Business and Trading Undertakings

Amendment Act, 1983

Business and Trading Undertakings

Amendment Act, 1988

Business and Trading Undertakings

Amendment Act, 1993

SCHEDULES

STREET TRADING LAWS REPEALED OR AMENDED

[SECTION 101

No. And year-of law

Bophuthatswana

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Ordinance No. 20 of 1974

Title of law

Extent of repeal or amendment

Municipal Ordinance, 1974 The arnendmentof section 188 by the deletion of subsection (77)

Schedule 6

OTHER LAWS REPEALED OR AMENDED

[section 11)

Number And year of law South Africa Proclamation R.293 of 1962

Bophuthatswana

Act No. 7 of 1973

Title or sub ect matter of law

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Regulations for the

Administration and

Control of townships

In black areas

Road Traffic Act, 1973

Extent of repeal or Amendment

1. The amendment of regulation 2 of Chapter 3 by the insertion after subregulation (1) of the following subregulation: "(A) Subregulation (1) shall not apply to the carrying of the business of street vendor, pedlar or hawker".

2. The repeal of regulations 18 and 19 of chapter 3

1. The amendment of section 116 by the insertion after subsection (1) of the following subsection:

"(A) The provisions of subsection (1)(e) shall not apply to any vehicle, other than a motor vehicle, while it is being used incarrying on the business of street vendor, pedlar or hawker, unless it exceeds such maximum, length or mass as may be prescribed".

2. The substitution for section 134 of the

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following section:

'7rading on public roads

134 Except -

(a) on or in premises licensed zoned o

demarcated for that p=ose by competent

authority in terms of any law: or

(b) in such circumstances and in

accordance with such regArements as may

be prescribed

no person shall sell, display, offer for sale

or deliver pursuant to a sale, any goods -

[(a)](1) on a public road, within 180 metres

of a railway level crossing or any road

traffic sign denoting a blind corner or rise

thereon or within [10] five metres of any

intersection thereon; or

[(b)IL1i) on any public road outside an

urban area".

3. The amendment of section 169 -

(a) by the substitution for paragraph (b) of

subsection (1) of the following paragraph

(b) so.ject to the provisions of the

Businesses Act. 1996. and my regulatio

or by-law made thereunder in relation to

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the restriction. reirulation or control of the

on of the business of stre

vendor, pedlar or hawker. the stopping and

parking of any vehicle on any public road

or portion thereof;"; -

(b) by the substitution for paragraph (f) of

- subsection (1) of the following paragraph

Iffi S-Ubject IQ UI§~. Drovisions -of the

Businesses Act. 1996. and my regulatio

or by-law made thereunder in relation to

the restriction. regulation or control of the

caMdng on of the business of street

vendor. pedlar or hawker. my public road

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which is not to be used by wy vehicle,

either generally or at specified times:"

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Page 1 of 8

NORTH WEST PROVINCIAL LEGISLATURE SERVICE ACT

No. 8 of 1997

To provide for the establishment of a Service of the North West Provincial Legislature, to establish the Management Board, Management Committee and Internal Supplies Committee, to provide for financial arrangements for the Legislature, and to provide for matters connected therewith.

(English text signed by the Premier on the 26/11/1997)

BE IT ENACTED by the North West Provincial Legislature as follows:

FORMAL PROVISIONS

Definitions

1. In this Act, unless the context indicates otherwise:

"Accounting Officer" means an accounting officer referred to in section 16 of the North West Provincial Exchequer, 1994 ( Act No. 4 of 1994);

"Chairperson of Committees" means Chairperson of Committees elected in terms of Rule 21 of the Standing Rules of Procedure of the North West Provincial Legislature;

"Legislature" means the North West Provincial Legislature constituted in terms of section 105 of the Constitution of the Republic of South Africa Act, 1996

(Act No. 108 of 1993);

"Secretary" means Secretary to the North West Provincial Legislature appointed in terms of section 116 of the Constitution Act 108 of 1996, and "Deputy Secretary" shall have a corresponding meaning;

"Speaker" means Speaker of the North West Provincial Legislature elected in terms of section 111 of the Constitution of the Republic of South Africa, Act 108 of 1996, and "Deputy Speaker" shall have a

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corresponding meaning.

"Staff Member" means any person appointed to the staff of the Legislature in terms of section 6 of this Act;

SERVICE OF THE LEGISLATURE

Establishment of the Service

2. There is hereby established a Service for the Legislature, whose principal duty shall be to provide the Legislature and its members with administrative services.

MANAGEMENT BOARD

Establishment of the Management Board

3 (1) There is hereby established the Management Board of the Service of the Legislature, which shall have the powers and functions assigned to it under this Act.

Constitution of the Board

4. (1) The Management Board shall consist of

(a) the Speaker, who shall be the Chairperson of the Board;

(b) Deputy Speaker, who shall act as the chairperson in the absence of the Speaker;

(d) The Secretary and the Deputy Secretary in the ex officio capacity;

(e) not less than two and not more than four members of the Legislature

Meeting of the Board

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5. (1) Meetings of the board shall be held at least once every two month.

(2) The Chairperson, and in his absence the acting Chairperson, shall determine the date and place of the meetings.

(3) Fifty percent plus one of the members of the Board shall constitute a quorum for the meetings of the Board.

(4) The person presiding at the meetings of the Board may regulate the proceedings and procedures thereof, having due regard to democratic principles.

Powers and functions of the Board

The Board shall :-

6. (1)(a) recommend nominations for the positions of the Secretary and the Deputy Secretary to the Speaker, for submission to the Legislature in session for appointment;

(b) regulate and approve the size and structure of the Service;

(d) determine the terms and conditions of employment of staff of the Legislature.

(2) The Board may establish sub-committees consisting of either members of the Board or both non- members and members of the Board for the purposes and duration determined by the Board.

Accountability of the Board

7. (1) The Board shall be accountable to the Legislature.

(2) The Board shall submit a written report to the Legislature at least once every year.

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INTERNAL SUPPLIES COMMITTEE

Establishment of the Internal Supplies Committee

8. (1) The Speaker shall have the power to:

(a) constitute an Internal Supplies Committee for the procurement of services and supplies for the Legislature;

(b) determine the size, structure and duration of the Internal Supplies Committee;

(c) determine the procedures to be followed by the Internal Supplies Committee in procuring the required services and supplies; and

(d) determine the terms, conditions and other specifications of the procurement contracts.

(2) Without restricting the generality of subsection (1) (c), the procedures for procuring services and supplies shall include:

(i) inviting tenders through newspapers and/or the government gazette; and

(ii) interviews with tenderers where necessary.

(3) The internal Supplies Committee shall be accountable to the Management Board.

MANAGEMENT OF THE SERVICE

Establishment of the Management Committee

9. (1) There is hereby established the Management Committee, consisting of the Secretary, the Deputy Secretary, and all Heads of Sections.

(2) The Secretary shall be the Chairperson of the Management Committee.

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(3) In the absence of the Secretary, the Deputy Secretary shall act as the Chairperson of the Management Committee.

(4) The Management Committee shall execute all day to day managerial duties and functions of the Service.

FINANCIAL ARRANGEMENTS

Insertion of section 15A in Act 4 of 1994

10 The following section is hereby inserted after section 15 of the North West Exchequer Act 4 of 1994.

Financial arrangements in respect of the Legislature

(1) The control of the expenditure and the appropriation of moneys for the services of the Legislature shall be vested in the Speaker, and his authorization for such expenditure and appropriation of moneys, as well as receipts issued by the accounting officer referred to in subsection (2) on his behalf, with reference to all matters affecting those services shall, notwithstanding anything to the contrary contained in any law but subject to the provisions of this section, be taken to be in all respects good, valid and effectual.

(2) The Secretary shall, subject to the Provisions of this Act, keep proper account of all receipts and payments effected, and property acquired for the Legislature.

(3) The Secretary shall requisition the moneys required for the services of the Legislature from the Provincial Treasury.

(4) The Secretary shall maintain a deposit-taking institution registered as such under the Deposit-taking Institutions Act, 1990 (Act No. 94 of 1990), and approved by the Speaker an account into which shall be deposited all moneys received by him and from which all payments shall be made by him, and the Secretary may authorize a person or persons in the employ of the Legislature to sign the necessary cheques for the said payments.

(5) Notwithstanding anything to the contrary contained in any law, the Speaker

may approve that a saving under a main division of the vote Legislature, in an appropriation division, or of expenditure under a new main division of that vote: Provided that amounts appearing in "Column 2" of a schedule to such an

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appropriation Act in respect of the said vote shall not be exceeded and the savings thereon shall not be applied for a purpose other than that for which the money was granted as indicated in such a schedule.

(6) At the end of each financial year, the Secretary shall cause statements of account to be prepared showing in detail the moneys received by him, and the expenditure incurred by him during the financial year in question.

(7) At the end of a financial year the Secretary shall surrender to the Treasury for redepositing in the Exchequer Account, any unexpended balance of moneys received from the Treasury.

(8) The provisions of sections 4,5,7, 15, 28 and 29 of Act No. 4 of 1994, and no other provisions of that Act, shall mutatis mutandis apply in respect of the services, vote, accounts, moneys and property of the Legislature and in such application:

(a) any reference in sections 15, 28 and 29 to an Accounting Officer shall be deemed to be a reference to the Secretary; and

(b) any reference in sections 5(3) (a) and 28 (1) (c) to the Treasury shall be deemed to be a reference to the Speaker.

(9) The accounts of the Legislature shall, subject to the provisions of subsection (1), be investigated, examined and audited by the Auditor-General in terms of the Auditor-General Act 12 of 1995, and in such application any reference to accounting officer shall be deemed to be reference to the Secretary

(10) For the purposes of this section the expressions:

(a) (i) "Auditor-General" in subsection (9);

(ii) "Treasury" in subsections (3) and (7); and

(iii) "vote" and "appropriation Act" in subsection (5), shall bear the respective meanings as assigned thereto in section 1 (1) of the North West Provincial Exchequer Act 4 of 1994

(b) "Exchequer Account" in subsection (7), shall bear the respective meaning assigned thereto in section (3) of the North West Provincial Exchequer Act 4 of 1994

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GENERAL PROVISIONS

Transitional provision

11. Anything done for and on behalf of the Legislature, and any person or persons appointed to the staff of the Legislature before the commencement of this Act, shall be deemed to have been done or appointed in terms of the provisions of this Act.

Short title and commencement

12. (1) This Act shall be called the North West Provincial Legislature Service Act, 1997, and shall come into operation on the date determined by the Speaker, by notice in the Provincial Gazette.

(2) Different dates may be fixed in respect of different provisions of this Act.

SCHEDULE

LAWS REPEALED

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NUMBER AND YEAR TITLE EXTENT OF REPEAL

3 of 1995 Determination of remuneration The whole Act and other conditions of service of staff of the Provincial Legislature

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Page 1 of 2

NORTH WEST PROVINCIAL ADJUSTMENT APPROPRIATION ACT

No. 1 of 1996

To appropriate an adjusted amount of money for the requirement of the North-West Province during the financial year ending on the thirty-first day of March, 1996, and to provide for incidental matters.

(English text signed by the Premier on 08/O3/1996).

BE IT ENACTED by the Premier and the Provincial Legislature of the North-West Province as follows:-

Appropriation of adjusted amounts of money for requirements of North-West Province.

1. Subject to the provisions of the North-west Provincial Exchequer Act, 1994 (Act 4 of 1994), there is hereby appropriated out of the Provincial Revenue Fund for the requirements of the Province in respect of the financial year ending on the thirty-first day of March, 1996, the adjusted amounts of money shown in the Schedule of this Act. How moneys to applied. 2. The moneys made available by this Act shall be applied to the services specified opposite the amounts shown in the Schedule to this Act, which services are more particularly specified in the Estimates of Additional Expenditure as submitted to and approved by the Provincial Legislature, and to no other purpose.

Short title.

2. This Act shall be called the North-West Provincial

Adjustment Appropriation Act, 1996. SCHEDULE Summary of Additional Estimates of Expenditure to be defrayed from the Provincial Revenue Fund during the Financial year ending 31 March 1996

VOTE Already Transfers Amount to Voted Decrease Increase Between be Voted Votes 1. Office of the Premier 46211 0 33557 150 33407 2. Office of the Legislature 21090 0 1988 501 1487

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3. Health and Social Welfare 1803892 4506 150353 124877 25476 4. Office of the Provincial service Commision 21800 0 10006 5516 4490 5. Safety and Security 1969 0 3038 3000 38 6. Economic Affairs 56544 0 22369 15399 6970 7. Finance and Provincial Expenditure 329187 111010 91757 75446 16311 8. Education and Culture 1843433 0 336158 69888 266270 9. Local government, Housing, Planning etc. 417966 0 83971 9218 74753 10. Transport and Civil Aviation 258863 9800 12279 9283 2996 11. Public Works and Roads 707612 17000 35759 16164 19595 12. Public Media, Arts and Culture 169578 4998 40805 35426 5379 13. Agriculture and Enviromental affairs 311590 0 62222 0 62222 14. Promoting the RDP 1 0 0 0 15. Improvement of Conditions of Service 314392 314391 0 0 Total 6304128 461705 884262 364868 519394

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NORTH WEST APPROPRIATION ACT

No. 2 of 1996

To appropriate an amount of money for the requirement of the North West Province during the financial year ending on the thirty-first day of March 1997 and to provide for incidental matters.

(English text signed by the Premier on the 28/O5/1996.)

BE IT ENACTED by the Premier and the Provincial Legislature of the North-West Province as follows:-

Provincial Revenue Fund charged with amounts of money shown inthe Schedule to this Act, for financial year ending on 31 March 1997.

1. Subject to the provisions of the North-West Provincial Exchequer Act, 1994 (Act 4 of 1994),the Provincial Revenue Fund is hereby charged with the amounts of money in the Schedule to this Act for the financial, year ending on the thirty-first day of March, 1997.

Short title.

2 . This Act shall be called the North-West Appropriation Act,1996

Schedule

Estimates of Expenditure to be defrayed from the North West

Provincial Revenue Fund during the year ending 31 March 1997

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Vote Department Schedule 1 Schedule 2 Total 1 Premier 70050 3000 73050 2 Legislature 20780 3881 24661 3 Health 1110015 70712 1180727 3.1 Developmental Social Welfare 1026343 1026343 4 Provincial Service Commission 36761 36761 5 Safety and Security 5864 5864 6 Tourism and Environmental Affairs 47085 62156 109241 7 Finance and Economic Affairs 379518 13440 392958 8 Education, Sport, Arts and Culture 2285069 45000 2330069 9 Local Government, Housing & Planning 446275 10255 456560 10 Transport & Civil Aviation 140175 183400 323575 11 Public Works and Roads 660568 12350 672918 13 Agriculture 66089 208172 274261 TOTAL 6294592 612366 6906958

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NORTH WEST CASINOS, GAMING AND BETTING ACT

No. 3 of 1996

To amend the North West Casinos, Gaming and Betting Act, 1994; so as to provide for the determination of a casino levy percentage by the Member of the Executive Council responsible for Finance and Economic Affairs by notice in the Provincial Gazette; to provide for increased penalties for offences under that Act; and to provide for incidental matters.

(English text signed by the Premier on 29/10/1996.)

BE IT ENACTED by the Premier and the Legislature of th-e Province of the North West as follows:

Insertion of section IA into Act 13 of 1994.

i. The North West. Casinos, Gaming and Betting Act, 1994 (Act 13 of 1994 -hereafter called the Principal Act), is amended by the insertion, immediately after section 1, of the following section:

"Application of Act and other laws.

1A. (1) The provisions of the Gambling Act, 1965 (Act 51 of 1965), shall not apply in the Province in- relation to anything for which a licence or registration is required in terms of this Act.

(2) Subject to the provisions of section 93(3), no Provision of this Act shall be construed as limiting the application of the abolition of Dog Race Meetings and the Prohibition of Betting on Dog Races Ordinance, 1949 (Ordinance 4 of 1 P49).

(3) This Act shall bind the State. ".

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Amendment of section I I of Act 13 of 1994.

2. Section I 1 of the Principal Act is amended bv the insertion of the foflowine; subsection immediately after subsection (3):

"(4) An application under this section shall be accompanied by the

prescribed application fee ".

Amendment of section 29 of Act 13 of 1994.

3. Subsection (1) of section 29 is hereby amended by the insertion immediately after the words 'fifteen per cent" of the words "or such other percentage as the responsible Member in consultation with the Executive Council may from time to time by notice in the Provincial Gazette determine,"" .

Deletion of section 47 of Act 13 of 1994.

4. The Principal Act is amended by the deletion of section 47.

Amendment of section 50 of Act 13 of 1994.

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5. Section 50 of the Principal Act is amended by the substitution for the words "twenty thousand rand" and "two years" where they appear in that section, of the words "two million rand" and "ten years" respectively.

Amendment of section 85 of Act 13 of 1994.

6. Section 85 of the Principal Act is amended in subsection (1), by the

substitution - -

(a) in sub-paragraph (t),-for the words 'five thousand rand" and "two years" of the words "two millioi7 rand" and "ten years"

respectively;

(b) in sub-paragraph (ii), for the words "two thousand five hundred rand" and "one year" of the words "One million rand" and "five years respectively;

Deletion of section 91 of Act 13 of 1994.

7. The Principal Act is amended by the deletion of section 91.

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Short title.

8. (1) This Act shall be called the North West Casinos Gaming and Betting Amendment Act, 1996 and shall, subject to subsection (2), come into operation on the date of promulgation thereof.

(2)Notwithstanding the provisions of subsection (1), the amendment effected in section 3 of this Act, shall be deemed to have come into effect on 1 October 1996.

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CONSUMER AFFAIRS ACT

No. 4 of 1996

To provide for the investigation, prohibition and control of harmful business practices in the interest of the protection of consumers, and for that purpose to provide for the establishment of an Office for the Investigation of Harmful Business Practices and a Consumer Affairs Court; to repeal the North-West Consumer Affairs Act, 1984; and to provide for matters connected therewith. (English text signed by the Premier on 08 November 1996)

BE IT ENACTED by the Premier and the Legislature of the Province of the North-West as follows:

Definitions

1. In this Act, unless the context otherwise indicates

"arrangement" means an arrangement or undertaking negotiated and concluded by the office under section 9;

"business" means any business, undertaking or person -

l who offers, supplies or makes available any commodity; or l who solicits, or to whom is supplied or made available, any investment;

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"business practice" includes -

(a) any agreement, accord or undertaking, whether legally enforceable or not, between two or more persons;

(b) Any scheme, practice, or method of trading, including any method of marketing or distribution;

(d) any act or omission on the part of any person, whether acting independently or in concert with any other person;. and

(e) any situation arising out of the activities of any person or group of persons, but does not include a restrictive practice, acquisition or monopoly situation as defined in section 1 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979);

"commodity" means -

(a) any property, whether corporeal or incorporeal and whether movable or immovable, including any make or brand of commodity;

(b) any service, whether personal, professional or otherwise, including any storage,

transportation, insurance or banking service;

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" consumer" means a person -

(a) to whom any commodity is offered, supplied or made available;

(b) from whom is solicited, or who supplies or makes available, any investment;

"court" means the Consumer Affairs Court established under section 11;

"Department" means the Provincial Department of Finance and Economic Affairs.

"harmful business practice" means any business practice which, directly or indirectly, has

or is likely to have the effect of prejudicing unreasonably or deceiving any consumer;

"Head" means the Head of the office appointed under section 2(2);

"investigating officer" means an investigating officer appointed under section 2(2);

"investment" means any money or other property, or any facility, intended for use in connection with any venture or scheme for the acquisition of gain, or purported to be so intended;

"office" means the Office for the Investigation of Harmful Business Practices

contemplated section 2;

"prescribed" means prescribed by regulation;

"regulation" means a regulation made under section 24;

"responsible Member" means the Member of the Executive Council-of the Province responsible for Finance and Economic Affairs.

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"this Act" includes the regulations.

Establishment of Office for the Investigation of Harmful Business Practices

2.(I) There shall be established in accordance with the provisions of the laws governing the Public Service, in the Department, an office to be called the Office for the Investigation of Harmful Business Practices. -

(2) The functions of the office shall be performed by the officials appointed as investigating

officers by the responsible Member under the supervision of the Head of the Office.

(3) An investigating officer shall be provided with a certificate of appointment signed by or on behalf of the responsible Member and in which it is stated that he or she is an investigating officer appointed in terms of this Act.

(4) An investigating officer shall, when performing any function in terms of this Act, have his

or her certificate of appointment in his or her possession.

Functions of office

3 . The office shall -

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(a) receive and investigate complaints of alleged harmful business practices which have been lodged with the office as contemplated in section 4, and dispose of such complaints in terms of this Act; and

(b) The responsible Member shall lay a copy of the annual report submitted in terms of subsection (1) upon the table in the Provincial Legislature within 14 days after its receipt if the Legislature is then sitting or, if the Legislature is not then sitting, within 14 days after the commencement of its next ensuing ordinary sitting.

Lodging of complaints with office

4. Any person aggrieved by an alleged harmful business practice or any other interested person may lay the matter in question before the Head in the manner prescribed in terms of this Act.

Investigation by office

5.(I) The office may, whether or not a complaint has been lodged in terms of section 4, institute such investigation as may be necessary into -

(a) any harmful business practice which there is reason to suspect exists or may come into existence;

(b) any business practice or type of business practice, in general or in relation to a particular commodity or investment or any kind of commodity or investment or a particular business or any class or type of business or a particular area, and which there is reason to suspect is commonly applied for the purposes of or in connection with the creation or maintenance of harmful business practices.

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(2) If the responsible Member refers a matter contemplated in subsection (1) to the office, the office shall conduct an investigation into that matter.

(3) The office may by notice in the Provincial Gazette make known -

(a) any investigation which it is conducting; and -

(b) notify, that any person may, within a period specified in that notice, make written representations regarding the investigation to the office.

(4) The office may, for the purpose of an investigation, have regard to any investigation, finding or measure taken by the Business Practice Committee established by section 2 of the Harmful Business Practices Act, 198 8 (Act No. 71 of 1988), or the Minister of Trade and Industry in terms of that Act, or by any competent authority in another Province.

Summoning and questioning of persons and production of books and documents.

6. (1) For the purposes of an investigation, the Head or a person in the service of the office

authorised by the Head may -

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(a) summon any person who is believed to be able to furnish any information on the subject of the investigation or to have in his or her possession or under his or her control any book, document or other object relating to that subject, to appear before a person in the service of the office at a time and place specified in the summons, to be questioned or to produce that book, document or other object;

(b) question that person, under oath or affirmation administered by the Head or another person in the service of the office and examine or retain for further information or for safe custody such a book, document or other object.

(2) A summons referred to in subsection (1) shall -

(a) be in the prescribed form;

(b) contain particulars of the matter in connection with which the person concerned is required to appear;

(d) be served in the prescribed manner.

(3) A person appearing by virtue of subsection - (1) -

(a) may be assisted at the examination by any person of his or her choice;

(b) shall be entitled to the prescribed witness fees.

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(4) A person shall be guilty of an offence if he or she, having been summoned of this section-

(a) fails without sufficient cause to attend at the time and place specified in the summons, or to remain in attendance until the conclusion of the proceedings or until he or she has been- excused from further attendance;

(b) refuses to take the oath or make an affirmation;

(c) refuses to answer, or to answer fully and satisfactorily to the best of his or her knowledge and belief, any question lawfully put to him or her'

(d) fails to produce any book document or object in his or her possession or custody or under his or her control, which he or she was required to produce; or

(e) makes a false statement to the Head or other person in the service of the office designated by the Head, knowing such statement to be false or not knowing or believing it to be true.

(5) A person who has been summoned to appear in terms of this section shall not be entitled to refuse to answer any question or to produce any book, document or object on the ground that he or she would thereby be exposed to a criminal charge; Provided that, to the extent that such answer, book, document or article does expose the person concerned to a criminal charge, no evidence thereof shall be admissible in any criminal proceedings against that person, except where that person stands trial on a charge contemplated in subsection (4) c) to (e), or in section 219 (3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955)

Search and seizure

7.(1) In order to obtain any information required by the office in relation to an

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investigation, an investigating officer may, subject to the provisions of this section, enter any premises on or in which any book, document or other object connected with that investigation is or is suspected to be, and may -

(a) Inspect or search those premises, and there make such inquiries as may be necessary for the purpose of obtaining any such information;

b ) examine any object found on or in the premises which has or might have a bearing on the investigation in question, and request from the owner or person in charge of the premises or from any person in whose possession or charge that object is, information regarding that object;

(c) make copies of or extracts from any book or document found on or in the premises which has or might have a bearing on the investigation in question, and an explanation of any entry therein;

(d) seize, against the issue of a receipt, anything on or in the premises which has or might have a bearing on the investigation in question, if the investigating officer needs to retain it for further examination or for safe custody.

(2) Unless the owner or person in charge of the premises concerned has consented thereto in writing, an investigating officer shall enter premises and exercise any power contemplated in subsection (1), only under a search warrant, which may only be issued by the Consumer Affairs Court if it appears to that court from information that there are reasonable grounds to suspect -

(a) that a harmful business practice exists or may come into existence; and

(b) that a book, document or other object which may afford evidence of such harmful

business practice is on or in those premises.

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(3) A search warrant contemplated in subsection (2) shall -

(a) authorize an investigating officer mentioned in the warrant to enter the premises

identified in the warrant for the purpose of exercising any power contemplated in subsection(l);

( b ) be executed by day, unless the court authorizes the execution thereof by night;

l be of force until it is executed, cancelled by the court, or a period of one month from

the day of its issue expires, whichever occurs first.

(4) An investigating officer executing a search warrant under this section shall, before

such execution, upon demand by any person whose rights may be affected-

(a) show that person his or her certificate of appointment;

(b) hand to that person a copy of the warrant.

(5) A person front whose possession or charge a book or document has been taken under

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this section shall, as long as it is in the possession or charge of the investigating officer

concerned or of the office, be allowed on request to make copies thereof or to take

extracts therefrom at any reasonable time at his or her own expense and under the

supervision of that investigating officer or a person in the service of the office.

(6) An investigating officer may without a warrant enter any premises in order to perform the acts referred to in subsection (1), if the person who is competent to do so consents in writing to such entry and the performance of those acts.

(7) A person shall be guilty of an offence if her or she -

(a) obstructs or hinders an investigating officer in the performance of his or her functions

in terms of this section;

(b) enquiry having been made of him or her under subsection (1) (a), or having been requested for information or an explanation under subsection (1) (b) or (c) (i) refuses to answer, or to answer fully and satisfactorily to the best of his or her knowledge and belief, such as enquiry or request for information; or (ii) . gives an answer or information or an explanation which is false or misleading.

(8) A person who has been summoned to appear in terms of this section shall not be entitled to refuse to answer any questioner to produce any book, document or object on the extent that such answer, book, document or article does expose the person concerned to a criminal charge, no evidence thereof shall be admissible in any criminal proceedings against that person, except where that person staad trial on a charge contemplated in subsection (6)(b), or in section 319 (3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955)

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Negotiations of arrangements to discontinue harmful business practice

8.(1) The office may negotiate and conclude, with any person concerned, an arrangement for the discontinuance or avoidance of harmful business practise which exists or may come into existence and which is the subject of an investigation.,

(2) An arrangement -

(a). may be concluded at any time after the institution of an investigation, but before the

making of a final order by the court;

(b). shall be subject to confirmation by the court in accordance with section 17.

Institution of proceedings after completion of investigation

9. Upon the completion of an investigation, the Head -

(a). shall furnish the responsible Member with a report on the findings of such investigation; and

l may institute proceedings in the court-

(i) against the person alleged to be responsible for the harmful business practice in question; or

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(ii) generally,with a view to the prohibition of any practice or type of business practice, in general or in relation to a particular commodity or Investment or any kind of commodity or investment or a particular business or any type of business or particular area, and which is commonly applied for the purposes of or in connection with the creation or maintenance of harmful business practices.

Establishment of Consumer Affairs Court

10.(I) The responsible member shall by notice in the Provincial Gazette, establish a

Consumer Affairs Court for the Province.

(2) The seat of the Court shall be Mmabatho.

(3) The responsible Member may by notice in the Government Gazette determine other

seats for the Court.

Composition of court

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11.(I) A court shall consists of three or five persons appointed by the responsible

Member, namely-

(a) a chairperson, who shall be-

(i) a retired judge of the Supreme Court, or

(ii) an attorney, advocate, retired magistrate or lecturer in law at a university,

with not less than ten years cumulative experience in one or more such capacities;

(b) two or four additional members, of whom, half shall be appointed on the ground of having knowledge of or experience in economics, industry or commerce.

(2) The responsible Member may appoint an alternate member for every member of the court.

(3) To enable the responsible Member to make the appointments contemplated in subsections (1) and (2) the responsible Member shall cause a notice to be published in the Provincial Gazette inviting interested persons to submit within a specified period, which shall not be shorter than one month after such publication, nominations for such appointments.

(4) A member and alternate member of the court shall, before assuming office, make and subscribe an oath or solemn affirmation in the prescribed from before the responsible member.

(5) A member and alternate member of the court shall be appointed for such -period and paid such remuneration and allowances as the responsible Member may determine, and different remuneration and allowances may be determined in respect of different members and alternate members.

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Persons disqualified from being members of court

12.(1) No person shall be appointed or remain a member or alternate member of a court if

such person is-

(a) a public servant; or

(b) a member of Parliament, any provincial legislature or local authority, or any council,

commission or house of traditional leaders established in terms of the constitution.

Functions, powers and duties of court

13.(I) A court shall(a) hear, consider and make a decision on any matter which is before the court by virtue of proceedings instituted as contemplated in section 9(b); (b) where applicable, exercise the powers and perform the functions and duties contemplated in sections 15 to 20.

(2) The responsible Member shall, subject to the laws governing the public service,

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appoint-

- (a) a clerk of the court to perform the administrative work incidental to the functions of

the court; and

(b) such other persons to assist the clerk of the court as may be necessary.

Proceedings of court

14. (1) Proceedings before a court shall except in case contemplated in section 9(b)(ii) and 16, be initiated by summons in the prescribed forin which shall be served on the person concerned in the prescribed manner.

(2) All proceedings of the court shall, subject to the provisions of subsection (3), be

opened to the public.

(3) A court may direct that the public or any member thereof may not attend any

proceedings of the court or any portion thereof, if this is justified in the interests of-

(a) the conduct of the proceedings or the consideration of the matter in question; or

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(b) the protection of the privacy of any person alleged to be involved in the harmful

business practice in question or of the confidentiality of any information relating to that person.

(4) Proceedings before a court shall be prosecuted by the office, who may be represented or assisted by an advocate, attorney or other person approved by the responsible member.

(5) A person summoned under subsection (1) may be represented by an advocate, attorney

or any other person.

(6) A decision of the majority of members of a court shall, subject to the provisions of

subsection (7) be the decision of the court.

(7) Any question o f law arising for decision before a court and any question as to whether or not a matter is a question of law, shall be decided by the chairperson of the court.

Summoning of witnesses and production of documents

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15.(I) For the purpose of ascertaining any matter relating to proceedings before a court,

the court may-

(a) by summons addressed to any person in the prescribed form under the hand of the clerk to the court, and served in the prescribed manner, require such person to appear before the court at a time and place specified in such summons, to give evidence and to produce any book, document or object in the possession or custody or under the control of such person and which may be reasonably necessary material and relevant in connection with those proceedings;

(b) require such person to take an oath or make an affirmation, and

has been required ro produce.

(2) A person shall be guilty of an offence if he or she, having been summoned in terms of

this section -

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(b) refuses to take the oath or make an affirmation;

knowledge and belief, any question lawfully put to him or her;

(d) fails to produce any book, document or object in his or her possession or custody or

under his or her control, which he or she was required to produce;

(e) makes a false statement before the court knowing such statement to be false or not

knowing or believing it to be true.

(3) A person who has been summoned to appear in terms of this section shall not be entitled to refuse to answer any question to produce any book, document or object on the ground that he or she would thereby be exposed to a criminal charge. Provided that, to the extent that such answer, book, document or article does expose the person concerned to a criminal charge, no evidence thereof shall be admissible in any criminal proceedings against that person; except where that person stands trial on a charge contemplated in subsection (2)(c) to (e) or in section 3 19(3) of the Criminal Procedure Act, 195 5 (Act No. 56 of 1955).

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(4) A person who has attended the proceedings of a court as a witness shall be entitled to

the prescribed witness fee.

Urgent temporary orders prohibiting harmful business practices

16 (1) A-court may, if it is satisfied from information placed before by the office that circumstances relating to a particular matter which is the subject of an investigation render that matter urgent in that irreparable prejudice would be caused if the matter were only to be dealt with by the court at proceedings in due course, issue a temporary order -

(a) prohibiting any person mentioned in the order form performing any act connected

with the harmful business practice in question;

(b) attachinganymoneyorotherproperty,whethermovableorimmovable,whichis

held by any person;

(c) authorising an investigating officer or person in the service of the office to take any action specified in the order that may be necessary to prevent the harmful business practice in question.

(2) A temporary order contemplated in subsection (1)

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(a) may be amended or withdrawn by the court on application by the office or by a,

person affected thereby on good cause shown; and

(b) shall unless it is withdrawn, remain in force until the final determination by the court

of the matter at proceedings in due course.

(3) An order in terms of subsection (1) and any amendment or withdrawal thereof in

terms of subsection (2)(a), shall be made known by notice in the Provincial Gazette.

Confirmation of arrangements negotiated by office

17.(I) The office shall apply to the court for confirmation of an arrangement concluded

by it as contemplated in section 8.

(2) The court may, after the person concerned has been given an opportunity to be heard,

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issues an order-

(a)confirming the arrangement with such modifications, if any, as may be agreed to by the person concerned and subject to such conditions as may be agreed to by that person as the court may on the application of the office deem-fit, or

(b) setting aside the arrangement, if it is satisfied that the arrangement will not ensure the discontinuance or avoidance of the harmful business practice in question.

Order by court prohibiting harmful business practice

18. (1) If a court is satisfied that a harmful business practice exists or may come into existence, and has not confirmed an arrangement as contemplated in section 17(2)(a), the court may issue such order as may be necessary to ensure the discontinuance or prevention of the harmful business practice in question, and such order may, without

prejudice to the generality of the afore going, direct-

(a) any person concerned in the harmful business practice to take such action, including steps for the dissolution of any body, corporate or unincorporated, or the severance of any connection or form of association between two or more persons including such bodies as may be necessary to ensure the discontinuance or prevention of the harmful business practice;

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(b)any person who is or was party to an agreement, understanding or omission, or who users or has used any advertising or type of advertising, or applied or has applied a scheme, practice or method of trading, including any method of marketing or distribution, or commits or has committed an act, or bring or has brought about a situation, or has or had any interest in a business or type of business or derives or derived any income from a business or type of business which is connected with the said harmful business practice and which may be specified in the order to-

(i) terminate or cease to be a party to that agreement understanding or omission.

(ii) refrain from using that advertising or type of advertising;

(iii) refrain from applying that scheme, practice or method of trading;

(vi) cease to commit that act or to bring about that situation;

(v) refrain from at any time-

(aa) becoming a party to any agreement, understanding or omission; bb) using any type of advertising; (cc) applying any scheme practice or method of trading, or (dd) committing any act or bringing about the court is satisfied is likely of

a nature specified in the order and which the court is satisfied is likely to be applied for the purposes of or in connection with the creation or maintenance of any harmful business practice; (vii) refrain from any time obtaining any interest in or deriving any income from a business or type of business specified in the order; and

(c) if money was accepted from consumers and it is considered necessary by the court to limit or prevent financial losses by those consumers, appoint a curator to exercise the powers and perform the functions and duties contemplated in section 19.

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(2) An order of the court in terms of subsection (1)

(a) shall be made known by notice in the Provincial Gazette, and

(b) may be made known in any other matter, including a notice in a newspaper or-

magazine or on the radio or television.

Functions of curator appointed by court

19.(I) A curator appointed under section 18(1)(a) shall, subject to the provisions of this section, realize the assets of the person involved in the harmful business practice in question and distribute them among the consumers concerned, and take control of and manage the whole or any part of the business of such a person.

(2) The powers and duties of the curator shall be determined by the court, which may give

directions -

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(a) regarding any security which the curator shall furnish for the proper performance of

his or her duties; and

(b) concerning the performance by such curator of his or her duties and functions, or the management of the affairs of the person concerned, or any other matter incidental thereto, as may be deemed necessary.

(3) A curator who is not in the full time serve of the State shall out of the funds of the person involved in the harmful business practice, in respect of the services rendered by him or her, be paid such remuneration as the responsible Member, with the concurrence of the chairperson of the court, may determine: Provided that if the funds of the person involved in the harmful business practice sure insufficient to adequately compensate the curator, the curator shall be paid f rom provincial funds such further remuneration and allowances as the responsible Member may determine.

(4) A court may empower the curator, subject to any condition which the court may impose, to-

(a)suspend or restrict, as from the date of his or appointment as curator or any subsequent date, the right of creditors of the person involved in the harmful business practice to claim or receive any money owing to them by that person;

(b) make payments, transfer property or take steps for the transfer of property to any

creditor of the person involved in the harmful business practice at such time, in such order and in such manner as the curator may deem fit; (c)cancel any agreement between the person involved in the harmful

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business practice and any other party. Provided that where the agreement so cancelled is a lease of movable or immovable property entered into by the person involved in the harmful business practice prior to the appointment of a curator, a claim for damages in respect of such cancellation may be instituted against that person after the expiration of one year as from the date of such cancellation unless the court grants permission that such claim may be instituted before the expiry of such period; (d) enter into agreements on behalf of the person involved in the harmful business practice;

(e) convene from time to time, in such manner as he may deem fit, a meeting of creditors of the person involved in the harmful business practice, for the purpose of

establishing the nature and extent of the indebtedness -of that person to such creditors and for consultation with such creditors in so far as the curator deems it necessary; (f) negotiate with any creditor of the person involved in the harmful business practice with a view to the final settlement of the affairs of such creditor against that person; (g) make and carry out, on the course of the management by the curator of the affairs of the person involved in the harmful business practice, any decision which in terms of the provisions of the Companies Act, 1973 (Act NO. 61 of 1973), would have been required to be made by way of a special resolution contemplated in section 199 of that Act, and

(h) dispose by public auction, tender or negotiation of any asset of the person involved in the harmful business practice, including-

(i) any advance or loan; or

(ii) any asset approval for the disposal of Which is necessary in terms of section

228 of the Companies Act, 1973.

(5) The Court may at any time, amend or withdraw any power granted under

subsection( 4).

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(6) At the appointment of a curator -

(a) the management of the business or affairs of the person involved in the harmful

business practice shall vest in the curator, subject to te supervision of the court. and any other person vested with the management of the affairs of that person shall be divested thereof, and

( b the curator shall recover and take possession of all the assets of the person involved in the harmful business practice.

(7) A curator shall act in the best interests of the clients, debtors and creditors of the

person placed under curatorship.

(8) The curator shall report to the court on his or her administration of the affairs of the person involved in the harmful business practice, and shall at the request of the court provide any other information out in that request.

. 1 (9) The curator shall keep proper record of the steps taken by him or her in the

performance of his or her functions and of the reasons why such steps were taken.

Declaration of certain business practices to be unlawful

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20.(I) If a court, pursuant to proceedings instituted in the court in terms of section 9(b)(ii), is satisfied that it is in the public interest that any particular business practice or type of business practice which-was the subject of the proceedings in question should be declared to be unlawful, it may-

(a) declare to be unlawful the business practice or type of business practice concerned, either generally or in respect of a particular area, depending upon whether the investigation was of a general nature or was undertaken in relation to a particular area.

(b) prohibit any person from catering in to or being or continuing to be a party to an agreement, arrangement or understanding, or from using advertising, or from applying a scheme, practice or method of trading or from committing an act or from bringing about a situation which was the subject of the proceedings, either wholly or to extent specified by the court, or subject to a condition or exemption so specified or to an exception contemplated in subsection(3); (C) regulate any business practice or type of business practice which was the subject of the proceedings by prescribing conditions or requirements which must be complied with in respect thereof

(2) A notice under subsection (1) may at anytime on application by the Head after further investigation by the office be withdrawn by the court or be amended by it in such manner as may be fitting-.

(3) The court may, on application by any person and after hearing the Head of the Office, grant exemption from a provision, condition or requirement contemplated in subsection (1), to such extent and for such period and subject to such conditions as may be specified in the exception.

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(4) The provisions of section 18(2) shall mutatis mutandis apply in relation to an order,

withdrawal, amendment or exemption contemplated in this section.

Giving of notice to competent authorities of harmful business practices and offences

21. (1) The Head shall, if there is reason to suspect that a harmful business practice which is or was the subject of an investigation by the office, exists or may come into existence elsewhere in the Republic than in the Province, furnish the Business Practice Committee established by section 2 of the Harmful Business Practices Act, 1988 (Act NO. 71 of 1988), and any competence authority in the province concerned with particulars of the business practice in question and any relevant information relating thereto which became known in the course of investigations by the office or of proceedings before the court.

(2) The Head shall, if there is reason at any time during or after the completion of an investigation estimation to suspect that there has been or is being committed, or that an attempt has been or is being made to commit -

(a) an offence, notify the Attorney General concerned accordingly; (b)serious economic offence as defined in the Investigation of Serious Economic Offences Act, 1991 (Act No. I 1 7 of 199 1), lay the matter in question before the Director of the Office for Serious Economic Offences in the manner provided in section 4 of that Act

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Confidentiality

22. No investigating officer, person in the service of the office, member of the court, or person contemplated in section 13(2) shall disclose any information acquired by him or her in the exercise or performance of any powers, functions or duties in terms of this Act, except-

(a) in so far as may be necessary for the purpose of the due and proper exercise or performance of any power function or duly in terms of this Act; or (b) on the order of a court of law.

Regulations

23.(I) The responsible Member may, with the concurrence of a co=ittee-of the Provincial Legislature with responsibility for consumer-affairs and after consultation with the chairperson of the court, make regulations relating to-

(a) the practice and proceedings of the court;

(b) any matter which in terms of this Act is required or permitted to be prescribed;

achieving the objects of this Act.

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(2) The responsible Member shall, not less than one month before any regulation is made, cause the text of such regulation to be published in the Provincial Gazette together with notice declaring his or her intention to make that regulation, and inviting interested persons to . furnish any comments thereon or any representations which they may wish to make in regard thereto. -

(3) The provisions o f subsection (2) shall not apply in respect of any regulation which, after the provisions of that subsection have been complied with, has been amended by the responsible Member after consultation with the chairperson of the court in consequence of comments or representations by the board in pursuance of such compliance.

Offences in relation to prohibited business practices

24. Any person who contravenes o fails to comply with an order of court which has been

made known by notice in the Provincial Gazette shall be guilty of an offence.

Penalties

25. Any person who is convicted of an offence in terms of this Act shall be liable, in the

case of an offence referred to in -

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(a) section 24, to a fine not exceeding R200 000 or imprisonment for a period not exceeding five years or to both that fine and that imprisonment.

(b) Any other provision of this Act, to a fine not exceeding RI 00 000 or to imprisonment for a period not exceeding 12 months or to both that fine and that imprisonment.

State bound

26. This Act shall bind the State, except in so far as criminal liability is concerned.

Civil remedies not excluded.

27. No provision of this Act shall be construed as depriving any person ~ of any civil

remedy.

Repeal of Laws and Transitional Clauses

28.(I) (a) The North-West Consumer Affairs Act, 1984 (Act 34 of 1984 - hereinafter referred to as the Principal Act) is, subject to the provisions of subsections (1b), (2) (3) and (4) of this section, repealed. -

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(b) The repeal of the Principal Act by subsection (a) of this section, shall in law be deemed to have the effect of dissolving the North-West Consumer Council established in terms of section 4 of that Act.

(2) (a) The North-West Provincial Government shall subject to paragraph (b) of this subsection, for all purpose in law be the legal successor to the North-West Consumer Council in relation to all immovable or movable property, transactions, agreements, contracts, proceedings, matters which prior to the commencement of this Act, were purchased, concluded, brought, performed or done by the North-West Council.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, the North-West Government shall not be the legal successor in relation to any employment contracts or any employment relationships or any matter arising from the employment of personnel by the North-West Consumer Council.

(c) Any consumer complaint received and not disposed of in terms of the Principal Act immediately prior to the date of commencement of this Act, shall be deemed to be a complaint submitted to the office under this Act and shall be deal with accordingly.

(3) The reserve and other financial accounts established in terms of the Principal Act shall, from the date of dissolution, be under the control of the sub-accounting officer responsible for the North-West Provincial Department of Finance and Economic Affairs, who shall cause proper records and books of account to be kept of all monies received, accrued and expended until such time as the monies have been transferred to the North-West Revenue Fund.

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(4) The dissolution shall come into operation on a date determined by the responsible

Member in the Provincial Gazette.

Short title

29. This Act shall be called the Consumer Affairs (Harmful Business Practices) Act,

1996 and shall be deemed to have come into effect on 1 November 1996.

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HEALTH LAWS RATIONALISATION ACT

NO. 11 OF 1995

[ASSENTED TO 5 SEPTEMBER, 1995] [DATE OF COMMENCEMENT: TO BE PROCLAIMED IN THE PROVINCIAL GAZETTE]

(English text signed by the Premier)

ACT

To provide for the rationalisation of certain laws relating to health matters as applicable in and administered by the North West Province; the extension of the laws mentioned in section 2 to the whole of the territory of the Province of the North West as defined in Part 1 of Schedule 1 to the Constitution of the Republic of South Africa 1993 (Act No 200 of 1993); to provide for powers of regulation to regulate certain transitional matters; and to provide for incidental matters.

1. Repeal of laws.—Subject to Sections 3, 4 and 5 of this Act, the Health Act, 1983 (Act 12 of 1983) of the former Republic of Bophuthatswana is repealed.

2. Extension of laws.—Subject to Sections 3, 4 and 5, the Health Act, 1977 (Act 63 of 1977) shall from the date of commencement of this Act apply in the whole of the territory of the Province of the North West as defined in part 1 of schedule 1 of the Constitution of the Republic of South Africa, 1993.

3. Amendment of Health Act.—The Health Act, 1977 (Act 63 of 1977) is amended by the insertion of the following section immediately after section 18—

"Powers to proclaim health districts.

18A. (1) The responsible member may for purposes of administration and delivery of health services in the Province by notice in the Provincial Gazette:

(1) Establish health districts each of which shall consist of one or more Magisterial districts and determine a name by which such health district shall be known; and

(2) in respect of each health district so proclaimed establish a district health authority and if he or she deems it necessary, a district health advisory body".

4. Transitional provisions.—Anything done or deemed to have been done in terms of a provision of a law repealed by section 1 and is capable of being done under a provision of a law mentioned in section 2 shall be deemed to have been done under the provision of such law.

5. Regulations.—The Member of the Executive Council responsible for Health and Developmental Social Welfare may make regulations relating to—

(1) any matter arising from the repeal of the laws referred to in section 1 or the application of the laws referred to in section 2 in those parts of the provincial territory in which they did not apply prior to the commencement of this Act;

(2) the establishment, functions, duties, proclamation, terms, conditions and procedures relating to the powers, functions and duties of district health authorities and district health advisory bodies as

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provided for the section 18A of the Health Act 1977.

6. Commencement.—This Act shall come into operation on a date to be determined by the Member of the Executive Council of the Province of the North West responsible for Health and Developmental Social Welfare by proclamation in the Provincial Gazette.

7. Short title.—The Act shall be called the Health Laws Rationalisation Act, 1995.

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NORTH WEST AMENDMENT TO THE BOPHUTHATSWANA

ROAD TRAFFIC ACT

NO. 12 OF 1995

[ASSENTED TO 6 DECEMBER, 1995] [DATE OF COMMENCEMENT: 1 JANUARY, 1996]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Road Traffic Act, 1973; in sections 9, 15 , 16, 17 and 18, in order to provide for the renewal date of a motor vehicle licence to fall on the same date as the date of registration of such motor vehicle; in Schedule 2 of that Act, by providing for new registration and licence fees, and to provide for matters incidental thereto.

1. Amends section 9 (1) (a) of the Road Traffic Act, No. 7 of 1973.

2. Amends section 15 of the Road Traffic Act, No. 7 of 1973 by substituting subsection (1).

3. Amends section 16 of the Road Traffic Act, No. 7 of 1973 by substituting paragraph (b).

4. Amends section 17 of the Road Traffic Act, No. 7 of 1973 as follows:– paragraph (a) amends paragraph (b), paragraph (b) inserts subsections (2), (3), (4) and (5).

5. Amends section 18 (2) of the Road Traffic Act, No. 7 of 1973.

6. Transitional Provisions.—(1) In the event of an application for the renewal of a licence in terms of the Principal Act, for the year of 1996, the following procedure shall, notwithstanding any provision to the contrary either in the Principal Act or this Act, apply to that application.

(a) If, upon the renewal of the licence it is found that due to the change in the date of liability for licensing as contemplated by this Act, the actual licence period, when determined from the thirty- first day of January 1996, is less than seven months, the person so liable shall pay a renewal fee calculated over eighteen months.

(b) If upon renewal of the licence it is found that due to the change in the date of liability for licensing as contemplated by this Act, the actual licencing period when determined from the thirty- first day of January 1996, is more than six months, the person so liable shall pay a renewal fee calculated over that period.

7. Amends Schedule 2 of the Road Traffic Act, No. 7 of 1973 as follows:– paragraph (a) substitutes, in Part I, paragraph paragraph 3, and paragraph (b) substitutes, in Part II, paragraphs 1 to 4 inclusive.

8. Short title and date of commencement.—This Act shall be called the North-West Amendment to the Bophuthatswana Road Traffic Act, 1995, and shall be deemed to have come into operation on 1 January 1996.

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SUSPENSION OF CERTAIN PROVISIONS OF THE NORTH WEST

CONSUMER AFFAIRS ACT

NO. 13 OF 1995

[ASSENTED TO 6 DECEMBER, 1995] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1994, EXCEPT THOSE AREAS OF THE FORMER REPUBLIC OF BOPHUTHATSWANA: 1 JANUARY, 1995]

(English text signed by the Premier)

ACT

WHEREAS the Government of the North-West Province has recognized the need, in order to allow free economic activity and free and fair enterprise, to investigate the impact of the North-West Consumer Affairs Act, 1984 (previously the Bophuthatswana Consumer Affairs Act, 1984 and subsequently amended to be the North-West Consumer Affairs Act) on consumer affairs in the North-West Province;

AND WHEREAS the Government of the North-West Province acknowledges the rights of consumers to be protected against unfair and unscrupulous consumer related practices;

AND WHEREAS certain provisions of that Act impacts negatively on economic activity in the Province;

AND WHEREAS the negative impact needs to be countered by way of the suspension of certain of the provisions of that Act;

NOW THEREFORE the Premier and the Legislature of the North-West Province enacted as follows:—

1. Suspension of certain sections of Act 34 of 1984, as of force in certain areas of the Province on 27 April 1994 and subsequently extended in its application to the whole of the Province on 2 September 1994.—(1) Sections 22 (1), and subject to the provisions of subsection (2) of this section, sections 23 and 24, of the North-West Consumer Affairs Act, 1984 are hereby suspended until such time as the Member of the Council responsible for Economic Affairs in concurrence with the North-West Consumer Council may deem fit.

(2) The suspension of the provisions of sections 23 and 24, as contemplated by subsection (1), shall only be applicable in respect of standard form contracts provided for by section 22 (1).

(3) The Member of the Executive Council responsible for Economic Affairs shall, in the event of him or her having determined a date for the cancellation of the suspension contemplated in subsection (1), give notice of such date of cancellation in the Provincial Gazette.

2. Short title and date of commencement.—This Act shall be called the Act on the Suspension of Certain Provisions of the North-West Consumer Affairs Act, 1995 and shall—

(a) in respect of those areas of the North-West Province which before 27 April 1994 formed part of the Republic of South Africa, be deemed to have come into operation on 2 September 1994; and

(b) in respect of those areas of the North-West Province which before 27 April 1994 formed part of the erstwhile Republic of Bophuthatswana, come into operation on 1 January 1995.

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REMUNERATION OF MEMBERS OF THE HOUSE OF

TRADITIONAL LEADERS FOR THE PROVINCE OF THE

NORTH-WEST ACT

NO. 14 OF 1995

[ASSENTED TO 6 DECEMBER, 1995] [DATE OF COMMENCEMENT: 1 APRIL, 1995]

(English text signed by the Premier)

ACT

To provide for the remuneration of members of the House of Traditional Leaders; the payment of allowances to such members; and to provide for incidental matters.

1. Definitions.—In this Act, unless the context otherwise indicates, a meaning ascribed to any word or phrase in the House of Traditional Leaders for the Province of North-West Act, 1994, (Act 12 of 1994), shall bear the same meaning.

2. Remuneration of Members of the House.—There shall be paid out of and as a charge against the Provincial Revenue Fund to a member such monies as the Premier in consultation with the Member of the Executive Council responsible for Finance may, subject to any recommendation made in terms of section 207 (2) of the Constitution of the Republic of South Africa Act, 1993 (Act 200 of 1993), from time to time determine, including but not conclusive to—

(a) a sitting allowance for each day of any sitting of the House and for any meeting of any committee thereof.

(b) such travelling and subsistence allowances which are reasonable and just so as to reimburse a member for any expenses incurred by him or her in attending any sitting of the House or meeting of any committee of the House or incurred in connection with the performance of any function or duty assigned to such member by the House or any committee thereof, as the case may be; and

3. Short title and date of commencement.—This Act shall be called the Remuneration of Members of the House of Traditional Leaders for the Province of the North-West Act, 1995 and shall be deemed to have come into operation on 1 April 1995.

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PROVINCIAL SPORTS COUNCIL OF NORTH WEST

AMENDMENT ACT

NO. 15 OF 1995

[ASSENTED TO 6 December, 1995] [DATE OF COMMENCEMENT: 15 December, 1995]

(English text signed by the Premier)

ACT

To amend the National Sports Council of Bophuthatswana Act, 1986; so as to change the name of that body to the "Provincial Sports Council of North West" and, with a view to giving effect to such change, to effect such amendments to that Act as may be necessary; in section 3 to change the composition of the Council and dissolve the existing Council; to insert a new section 31A providing for extension of application of this Act to the whole territory of North West; in section 4 to further provide for the disqualification of a member of the Council; and to generally substitute some terms so as to bring them in line with terms used in the Constitution of the Republic of South Africa, 1993; and to provide for incidental matters.

1. Amends section 1 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) inserts the definition "Constitution", paragraph (b) substitutes the definition "Council", paragraph (c) deletes the definition "Minister", paragraph (d) substitutes the definition "prescribed" and paragraph (e) inserts the definitions "Province", "provincial sports association", "Republic" and "responsible Member".

2. Substitutes section 2 of the Provincial Sports Council of North West Act, No. 36 of 1986.

3. Substitutes section 3 of the Provincial Sports Council of North West Act, No. 36 of 1986.

4. Substitutes section 4 of the Provincial Sports Council of North West Act, No. 36 of 1986.

5. Substitutes section 5 of the Provincial Sports Council of North West Act, No. 36 of 1986.

6. Amends section 10 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) amends subsection (1) (a), paragraph (b) substitutes subsection (1) (b) and paragraph (c) substitutes subsection (1) ( c) (1) (c)

7. Substitutes section 17 of the Provincial Sports Council of North West Act, No. 36 of 1986.

8. Amends section 20 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) amends paragraphs (a) and (b), paragraph (b) amends paragraphs (c) and (d), paragraph (c) substitutes paragraph (e) and paragraph (d) amends paragraph (f).

9. Amends section 23 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) amends paragraph (a) and paragraph (b) substitutes paragraph (g).

10. Amends section 24 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) amends subsection (1) and paragraph (b) amends subsection (2).

11. Amends section 28 of the Provincial Sports Council of North West Act, No. 36 of 1986 as follows:– paragraph (a) (i) substitutes subsection (1) (a), paragraph (a) (ii) amends subsection 1 (b) and paragraph (b) substitutes subsections (2) and (3).

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12. Amends the Provincial Sports Council of North West Act, No. 36 of 1986 by adding section 31A.

13. Substitutes section 32 of the Provincial Sports Council of North West Act, No. 36 of 1986.

11. Amends the Provincial Sports Council of North West Act, No. 36 of 1986 by generally substituting the terms "Republic", "national", "he", "his", "him", "himself", "Minister", "Minister of Finance", "Bophuthatswana", "President", "Gazette", "Parliament" or "National Assembly", "chairman" and "vice-chairman" for the terms "Province", "Provincial", "he or she", "his or her", "him or her", "himself or herself", "responsible Member", "Member of of the Executive Council responsible for Finance and Provincial Expenditure", "North West", "Premier", "Provincial Gazette", "Provincial Legislature", "chairperson" and "vice-chairperson" respectively.

15. Short title.—This Act shall be called Provincial Sports Council of North West Amendment Act, 1995.

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NORTH WEST SPORTS AND EDUCATIONAL AID TRUST

AMENDMENT ACT

NO. 16 OF 1995

[ASSENTED TO 6 December, 1995] [DATE OF COMMENCEMENT: 13 April, 1985]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Sports and Educational Aid Trust Act, 1986; so as to change the name of that body to the "North West Sports and Educational Aid Trust" and, with a view to giving effect to such change, to effect such amendments to that Act (including the short title) as may be necessary; to change the designation of "Minister of Finance" to "Member of the Executive Council responsible for Finance and Provincial Expenditure; in section 3 so as to dissolve the existing Board; to insert a new section 20A providing for the extension of the application of this Act to the whole territory of North West; and to provide for incidental matters.

1. Amends section 1 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986 as follows:– paragraph (a) deletes the definition "church", paragraph (b) inserts the definition "Constitution", paragraph (c) substitutes the definition "cultural organization", paragraph (d) substitutes the definition "Fund", paragraph (e) substitutes the definition "sports-club" and paragraph (f) substitutes the definition "Trust".

2. Substitutes section 2 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986.

3. Amends section 3 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986 by substituting subsections (2), (3) and (4).

4. Substitutes section 4 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986.

5. Substitutes section 5 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986.

6. Substitutes section 13 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986.

7. Amends section 14 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986 as follows:– paragraph (a) (i) amends subsection (1) (a), paragraph (a) (ii) amends subsection (1) (b), paragraph (a) (iii) substitutes subsection (1) (d) and (e), paragraph (b) amends subsection (4), paragraph (c) amends subsection (5) and paragraph (d) amends subsection (6) (a) and (b).

8. Amends section 19 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986 as follows:– paragraph (a) (i) substitutes subsection (1) (a), paragraph (a) (ii) amends subsection (1) (b), paragraph (b) amends subsection (2) and paragraph (c) amends subsection (3).

9. Amends the North West Sports and Educational Aid Trust Act, No. 14 of 1986 by adding section 20A.

10. Substitutes section 21 of the North West Sports and Educational Aid Trust Act, No. 14 of 1986.

11. Amends the North West Sports and Educational Aid Trust Act, No. 14 of 1986 by generally substituting the terms "Republic", "Minister of Finance", "Gazette", "National Assembly", "he", "his", "him", "himself", "President", "chairman" and "vice-chairman" for the terms "Province", "Member of the Executive Council responsible for Finance and Provincial Expenditure", "Provincial Gazette", "Provincial Legislature", "he or she", "his or her", "him or her",

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"himself or herself", "Premier", "chairperson" and "vice-chairperson" respectively.

12. Short title.—This Act shall be called the North West Sports and Educational Aid Trust Amendment Act, 1995.

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BOPHUTHATSWANA TRAFFIC AMENDMENT ACT

NO. 1 OF 1995

[ASSENTED TO 1 MARCH, 1995] [DATE OF COMMENCEMENT: 25 FEBRUARY, 1995]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Road Traffic Act, 1973; in section 15 so as to extend the period of authorization to operate an unlicensed motor vehicle; and to provide for incidental matters.

1. Amends section 15 (1) of the Road Traffic Act, No. 7 of 1973.

2. Short title and date of commencement.—This Act shall be called the Bophuthatswana Road Traffic Amendment Act, 1995 and shall be deemed to have come into operation on the 25th day of February 1995.

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NORTH WEST PROVINCIAL ADJUSTMENT APPROPRIATION ACT

NO. 2 OF 1995

[ASSENTED TO 2 MARCH, 1995] [DATE OF COMMENCEMENT: 3 MARCH, 1995]

(English text signed by the Premier)

ACT

To appropriate an adjusted amount of money for the requirements of the Province in respect of the financial year ending on the thirty-first day of March, 1995, and to provide for incidental matters.

1. Appropriation of adjusted amounts of money for requirements of North-West Province.—Subject to the provisions of the North-West Provincial Exchequer Act, 1994 (Act 4 of 1994), there is hereby appropriated out of the Provincial Revenue Fund for the requirements of the Province in respect of the financial year ending on the thirty-first day of March, 1995, the adjusted amounts of money shown in the Schedule to this Act.

2. How moneys to be applied.—The moneys made available by this Act shall be applied to the services specified opposite the amounts shown in the Schedule to this Act, which services are more particularly specified in the Estimates of Additional Expenditure as submitted to and approved by the Provincial Legislature, and to no other purpose.

3. Short title.—This Act shall be called the North-West Provincial Adjustment Appropriation Act, 1995.

Schedule

Vote Voted total Voted province Voted additional To be voted Total province Office of the Premier 93, 142 77, 308 – – 77, 308 Legislative Assembly 12,558 10, 188 19, 886 – 30, 074 Provincial Service Commission 29, 200 23, 789 – – 23, 789 Economic Affairs 64, 700 50, 847 500 – 51, 347 Finance 452, 000 430, 580 30, 000 – 460, 580 Transport 236, 200 171, 434 3, 000 – 174, 434 Public Works 613, 600 534, 145 (6 500) – 527, 645 Agriculture 223, 800 175, 207 500 19, 800 195, 507 Local Government 218, 900 164, 229 5, 000 2, 000 171, 229 Governors 11, 400 9, 086 600 – 9, 686 State Affairs 22, 200 9, 745 – – 9, 745 Public Service 3, 300 2, 130 200 – 2, 330 Training Youth Affairs 11, 000 9, 717 30 – 9, 747 Education 1, 084, 200 820, 775 190, 468 – 1, 011, 243 Health and Welfare 966, 700 776, 251 50, 000 608 826, 859 Post and Tele- communication 249, 900 – 4, 000 – 4, 000 Improvement of Conditions of Service – 278, 998 (278 998) – – Former Bophuthatswana 4, 292, 800 3, 544, 429 18, 686 22, 408 3, 585, 523 General Provincial Services – 1, 085 – 9 1, 094

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Health Services – 17, 889 – – 17, 889 Road and Traffic – 11, 223 – – 11, 223 Community Development – 1, 977 – – 1, 977 Improvement of Conditions of Service – 384 – – 384 SUBTOTAL Former CPA – 32, 558 – 9 32, 567

General Provincial Services – 56, 635 – 15, 211 71, 846 Health Services – 214, 589 – 1, 662 216, 251 Road and Traffic – 115, 458 – 3, 493 118, 951 Community Development – 224, 796 – 1, 854 226, 650 Improvement of Conditions of Service – 11, 704 – 11, 704 SUBTOTAL Former TPA – 623, 182 – 22, 220 645, 402

Agriculture – 19, 729 – – 19, 729 Improvement of Conditions of Service – 872 – – 872 SUBTOTAL Former National function – 20, 601 – – 20, 061 RDP Vote – – – 155, 591 155, 591 Community Police Forums – 2, 000 – – 2, 000 SUBTOTAL Provincial Administration – 2, 000 – 155, 591 157, 591 TOTAL 4, 292, 800 4, 222, 770 18, 686 200, 228 4, 441, 684

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DETERMINATION OF REMUNERATION AND OTHER

CONDITIONS OF SERVICE OF STAFF OF THE PROVINCIAL

LEGISLATURE ACT

NO. 3 OF 1995

[ASSENTED TO 3 AUGUST, 1995] [DATE OF COMMENCEMENT: 27 APRIL, 1994]

(English text signed by the Premier)

ACT

To provide for the determination of remuneration and other conditions of service of staff of the Provincial Legislature, and for matters incidental thereto.

1. Remuneration and conditions of service of staff of the Provincial Legislature.—(1) The remuneration and other conditions of service of a person contemplated in section 143 (2) of the Constitution of the Republic of South Africa Act, 1993 (Act 200 of 1993), who is appointed as a member of the staff of the Provincial Legislature of the North-West Province shall, subject to subsection (2), be determined by the Executive Council of the Province in consultation with the Speaker in Committee.

(2) A person contemplated in subsection (1) who is employed in terms of the Public Service Act, 1994, shall receive such remuneration and shall be subject to such conditions of service as may be determined by or under that Act.

2. Savings.—Any remuneration paid to a person contemplated in section 1 after 27 April 1994, but before the determination of his or her remuneration in terms of section 1 (1) of this Act, shall be deemed to be remuneration determined under this Act.

3. Short title.—This Act shall be called the Determination of Remuneration and Other Conditions of Service of Staff of the Provincial Legislature Act, 1995, and shall be deemed to have come into operation on 27 April 1994.

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NORTH WEST AGRICULTURAL SERVICES CORPORATION ACT

NO. 4 OF 1995

[ASSENTED TO 23 AUGUST, 1995] [DATE OF COMMENCEMENT: 25 AUGUST, 1995]

(English text signed by the Premier)

ACT

To provide for the transformation of the Agricultural Development Corporation of Bophuthatswana, Limited, to the North-West Agricultural Services Corporation Limited, so as to continue to promote and carry out the agricultural development of the North-West Province of the Republic of South Africa and the development of its people by establishing, inaugurating, planning, carrying on and carrying out agricultural industrial, commercial, financial and other agricultural business undertakings and projects; and to provide for matters incidental thereto.

1. Definitions.—In this Act, unless inconsistent with the context —

"Board" means the board of directors referred to in section 9;

"Corporation" means the North-West Agricultural Services Corporation, Limited, referred to in subsection (2) of section 2;

"Constitution" means the Republic of South Africa Constitution Act, 1993 (Act 200 of 1993);

"director" means a director of the Corporation appointed by the responsible Member in terms of section 9 (2);

"Province" means the Province of North-West as contemplated in section 124 (1) read with Part 1 of Schedule 1 of the Constitution and "provincial" shall bear a like meaning;

"Provincial Legislature" means the Legislative Assembly of the North-West Province;

"regulations" means the regulations made under section 21;

"Republic" means the Republic of South Africa as contemplated in section 1 of the Constitution;

"responsible Member" means the member of the Executive Council responsible for agricultural matters; and

"this Act" includes the Regulations.

2. Transformation of the Agricultural Development Corporation of Bophuthatswana, Limited, as the North-West Agricultural Services Corporation, Limited.—(1) The body corporate called the Agricultural Development Corporation of Bophuthatswana, Limited, constituted and registered in the registers of the Registrar General under section 4 of the Promotion of the Economic Development of Black States Act, 1968 (Act 46 of 1968) shall, subject to subsection (2) of this section, and notwithstanding the repeal of that Act, continue to exist and to be so registered and shall continue to be a body corporate with perpetual succession capable of suing and being sued in its own name and of performing all such acts as are necessary for or incidental to the attainment of its objects and the exercise of its powers.

(2) As from the date of commencement of this Act, the corporation referred to in subsection (1) shall be known as the North-West Agricultural Services Corporation, Limited, and at such commencement the Registrar General shall enter such change of name in his or her registers.

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(3) Any reference in any other law or in any document to the Agricultural Development Corporation of Bophuthatswana, Limited, shall be construed as a reference to the North-West Agricultural Services Corporation, Limited.

3. Objects of the Corporation.—The objects of the Corporation shall be to plan, finance, co-ordinate, promote and carry out the development of the Province and its people in the fields of agriculture and agriculture related industries either directly or by means of other agencies.

4. Powers of the Corporation.—(1) For the purposes of attaining its objects, the Corporation shall have power—

(a) to establish, plan, finance, co-ordinate, promote and carry on industrial, commercial and financial undertakings of an agricultural nature and other business undertakings of an agricultural nature or to acquire such undertakings and to sell or otherwise dispose of such undertakings;

(b) to establish or assist in establishing companies for industrial purposes of an agricultural nature;

(c) to inaugurate, plan, finance, co-ordinate, promote or carry out or to assist in the inauguration, planning, financing, co-ordination, promotion or carrying out of projects which are intended to benefit and develop the people of the Province economically or which relate to exploitation, development or utilization of a natural resource, which, in addition to the ordinary meaning thereof, shall include labour, land, water, wood, agriculture and fishing;

(d) to lend money and, on such conditions as the responsible Member may determine in consultation with the Member of the Executive Council responsible for financial matters, to raise or borrow money;

(e) to, subject to such conditions as the responsible Member may determine in consultation with the Member of the Executive Council responsible for financial matters, control, carry out, guarantee, underwrite, finance or bring about the issue of any loan or of any shares, stock or debentures, or to advance money for that purpose;

(f) to provide capital or other means, and to furnish technical and other assistance and expert and specialized advice, information and guidance;

(g) to apply its funds or moneys to the establishment of a reserve fund, or to invest any funds or moneys not immediately required for its affairs in any manner approved by the responsible Member in consultation with the Member of the Executive Council responsible for financial matters;

(h) for the performance of its activities to purchase, hire or otherwise acquire land or buildings, to erect buildings on its land, to sell, let or otherwise dispose of or mortgage such land or buildings;

(i) to accept donations and to receive any monies offered or due to it;

(j) to act as broker;

(k) to open banking accounts;

(l) to pay all expenses in connection with its establishment and administration;

(m) to plan, encourage, co-ordinate, undertake or finance the training of the people of the Province as employees, officers, managers or directors in the fields of industry, commerce, finance and any other businesses;

(n) to guarantee the contracts and obligations of any person or to become surety for their due fulfilment, and to enter into surety bonds or deeds of security;

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(o) to, subject to the provisions of the North-West Exchequer Act, 1994, issue, negotiate, accept, endorse or discount debentures, bills of exchange and other negotiable instruments;

(p) to purchase, hire, develop or hold or to subscribe to or otherwise acquire or take over movable property of any kind, including any shares, stocks, debentures and securities, or any interest in any business of or a mortgage over any property, and to let, sell or otherwise alienate it or pledge it or deal otherwise therewith;

(q) by legal process to cause any company, corporation or juristic person in which it has nay share or interest, to be liquidated or placed under judicial management and may for that purpose itself be appointed as liquidator or judicial manager, and to petition a competent court to sequestrate the estate of any of its debtors;

(r) to act, where necessary, to protect its investments, or otherwise to act as director, manager, trustee, curator, executor or administrator of any business, estate, trust, company, juristic person or persons or to designate a person or persons to act for any such purpose on its behalf;

(s) to lend money with or without security to persons and in connection with the lending of money to take such security as it may deem fit, including special mortgage bonds over immovable property, notarial bonds over movable property, pledges of movable property, cessions of rights and in general any other form of cover or security;

(t) to act as agent or representative in connection with any matter of whatsoever nature for or on behalf of a person in connection with all or any of its objects or itself to appoint agents or representatives in connection with any of its objects;

(u) with the approval of the responsible Member and subject to such conditions as may be determined by him or her, to transfer any kind of movable or immovable property held by the Corporation or any interest in any such property to any corporation or Government department or institution;

(v) to employ, remunerate, house, discharge or suspend officers and employees required for its operations and to indemnify such officers and employees in respect of any harm, damage or loss suffered by them in the course of the execution of their duties;

(w) to provide or give pension, medical, leave, statutory and other benefits to any of its officers and employees;

(x) with the prior approval of the responsible Member, acquire land by purchase, lease or otherwise, for the purpose of erecting thereon dwelling-houses for persons in its employ, erect such dwelling- houses and enter into agreements with such persons for the letting or sale of such dwelling-houses to such person;

(y) with the prior approval of the responsible Member, make loans available to employees of the Corporation for the purchase by them of vehicles and equipment to be used by them in the exercise and performance of their powers, function and duties;

(z) reward any of its official, employees or workmen for any suggestion or invention which in material aspects conduces towards greater efficiency, productivity or economy within the Corporation, subject to the responsible Member’s prior approval;

(aa) incur expenditure in respect of official entertainment by the Board for the purposes of or in connection with advancing, promoting, or executing the affairs, operations and objects of the Corporation; and

(bb) to exercise any other power which the responsible Member may, after consultation with the

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Corporation, consider necessary for the attainment of its objects and which the responsible Member may confer upon it by proclamation in the Provincial Gazette,

and may, generally do anything that is necessary for or conducive to the attainment of its objects and the exercise of its powers, whether or not it relates to any matter expressly mentioned in this section.

(2) The tasks and powers imposed or conferred upon the Corporation by or under the repealed Promotion of the Economic Development of Bantu Homelands Act, 1968 (Act 46 of 1968), shall be deemed to be tasks and powers imposed or conferred upon the Corporation, by this Act in so far as those powers are not contrary to the provisions of this Act or the Constitution.

5. Change of name.—(1) The responsible Member may, after consultation with the Corporation, by proclamation in the Provincial Gazette from a date fixed by him or her in such proclamation, change the name under which the Corporation is known.

(2) Upon the date so fixed the Registrar General shall enter the change of name in his or her registers.

6. Liquidation of Corporation.—The Corporation shall not be liquidated except by or under the authority of an Act of the Provincial Legislature.

7. Financing of Corporation and guarantees in respect of certain loans to it.—(1) The Corporation shall be financed and be provided with working capital out of—

(a) such monies as may from time to time be appropriated to the Corporation by the Provincial Legislature, together with such monies which, upon the commencement of this Act, had from public funds been allocated to the Corporation by Law, and any increase or decrease thereof as contemplated by section 15 (2), which contributions shall be regarded as constituting share capital held by the Province;

(b) loans granted to the Corporation by the Province on such terms and conditions as the responsible Member in concurrence with the member of the Executive Council responsible for financial matters may from time to time determine in accordance with the provisions of section 25 of the North-West Provincial Exchequer Act, 1994;

(d) loans negotiated by the Corporation with other states, or with international bodies, agencies, institutions or financiers;

(e) all fees, charges and monies payable to the Corporation in respect of services rendered or supplied by the Corporation;

(f) the proceeds derived by the Corporation from the realisation of any of its assets or property;

(g) rent or other monies payable to the Corporation by its officers, employees and workmen in respect of housing or accommodation provided by the Corporation, as contemplated by section 4 (x);

(h) interest payable to the Corporation by its officers, employees and workmen in respect of the outstanding balances on loans granted to them by the Corporation in terms of section 4 (y);

(i) interest derived from the investment of monies by the Corporation in terms of section 7,

(j) donations and bequests to the Corporation accepted by it;

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(k) the proceeds of any sale in terms of section 4 (h).

Provided that the acquisition of capital or funds for the Corporation in terms of paragraph (c) or (d) of this subsection shall be subject to the prior written consent of the Provincial Treasury.

(2) The Member of the Executive Council responsible for financial matters may, on behalf of the Province and upon such terms and conditions as he or she deems fit, and in accordance with the provisions of the North-West Provincial Exchequer Act, 1944, guarantee the repayment of the capital of, and the payment of the interest on and any charges incurred in connection with, any loan raised or negotiated by the Corporation in terms of subsection (1).

(3) Any agreement entered into in pursuance of the provisions of subsection (2), may be signed on behalf of the Province by any person authorised thereto in writing by the Member of the Executive Council responsible for financial matters.

8. Investment of monies.—The monies constituting the funds of the Corporation in terms of section 6 and which are not immediately required to meet the current expenditure of the Corporation may be invested on call at any bank or other financial institution registered in the Republic of South Africa, and approved in writing by the responsible Member.

9. Indemnification of certain persons.—The Corporation may, with the prior approval of the responsible Member and subject to the conditions determined by him or her, indemnify any person with whom the Corporation entered into an agreement in terms of which such person undertakes to establish in the agricultural field, an industrial, commercial, financial or other business undertaking in the Province, against any loss which such person may incur in connection with such undertaking while such contract is of force and effect, and which, by reason of the costs connected therewith, is, in the opinion of the responsible Member, not economically insurable and cannot be prevented by such person and in respect of which he or she, in the opinion of the responsible Member, would have a right to damages if such undertaking were established elsewhere in the Republic but will, in the Province, have no such right to damages or not be able to enforce any such right effectively.

10. Board of directors.—(1) The affairs of the Corporation shall be managed and controlled by a Board of directors which may exercise all the powers of the Corporation.

(2) The responsible Member shall from time to time determine the number of directors of the Board and he shall appoint them and designate one of the directors as chairperson of the Board.

(3) The responsible Member shall choose all directors appointed by him or her for their ability and experience in business or administration or their knowledge of the requirements of the rural population or of the Province or their suitability otherwise for appointment as directors.

(4) The Board of directors which were appointed as a board for the Agricultural Development Corporation of Bophuthatswana, Limited before the coming into effect of this Act shall be deemed to be dissolved in the event of the responsible Member appointing a Board of directors in terms of subsection (2).

11. Alternate directors.—(1) If the responsible Member is of the opinion that circumstances so require, he or she may appoint an alternate director to act in the place of a director during the absence of such director or his or her incapacity to act as a director.

(2) An alternative director, when acting in the place of a director, shall in all respects have all the powers and discharge all the duties of that director.

(3) The alternate director shall be remunerated out of the remuneration which is due to the director in whose place he or she is acting or which would have been due to such director if he or she had acted as director and in the manner determined by the Board.

12. Tenure and conditions of office of directors.—(1) The responsible Member shall determine the period of office of the directors and also the period of office of the chairperson of the Board.

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(2) A director shall hold office on such conditions as to remuneration as the responsible Member may determine and on such other conditions as may be prescribed by the regulations.

13. Shares and share capital.—(1) The issued share capital of the Corporation shall be the capital, as contemplated by section 6 (1) (a).

(2) The authorised share capital of the Corporation may, upon recommendation of the Board, be increased or reduced to such an extent as the responsible Member, in consultation with the Member of the Executive Council responsible for financial matters, may determine, and such capital shall be divided into ordinary shares of one rand each.

(3) Only the Province is capable of becoming a shareholder in the Corporation.

14. Liability of shareholder.—The liability of a shareholder in the Corporation shall be limited to the amount unpaid on the shares held by it.

15. Expenditure.—The expenditure incurred by or on behalf of the Board, including the remuneration of directors and alternate directors shall be defrayed from the funds of the Corporation.

16. Revenue account of Corporation.—(1) The Corporation shall have a revenue account for each financial year and shall credit such account with such monies, contemplated by section 6, as constitute its income for such year and debit such amount with all monies expended or owing by it during such year in the performance of its functions, the everyday administration of its affairs and the normal course of its business and operations in terms of this Act, and shall, in so doing, make proper provision for—

(a) the depreciation or diminution in value of its assets;

(b) the payment of interest and other charges in respect of loans or any overdraft raised, obtained or negotiated by it in terms of section 6 (1) (c) and (d);

(c) the redemption by the Corporation of loans to it or of overdrafts at a bank or financial institution referred to in section 6 (1) (c) and (d).

(2) Whenever at the end of any financial year there is in the revenue account—

(a) a surplus of income over expenditure the surplus shall be regarded as constituting an increase in the share capital of the Corporation as contemplated by section 6 (1) (a);

(b) a deficit, in that expenditure of the Corporation exceeds its income, shall be regarded as a decrease in the share capital of the Corporation as contemplated by section 6 (1) (a).

17. Appropriation of profits.—All income and property and all profits of the Corporation from whatever source the same may be acquired, shall be applied exclusively to the promotion of the objects of the Corporation, and no dividend shall be paid to the shareholder: Provided that the responsible Member may, direct that the profits or any portion of the profits of the Corporation shall be paid to a particular corporation, which shall apply any amount so received to the attainment of its objects.

18. Accounts and Audit.—(1) The Board shall cause proper books of account to be kept., and also all necessary books and records in relation thereto.

(2) The accounts of the Corporation shall be audited by the Auditor-General, or a person who is a registered accountant and auditor, appointed by him or her.

19. Information to be furnished to the responsible Member and to the Provincial Legislature.—(1) As soon as practicable after the end of every financial year, the Board shall submit to the responsible Member—

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(a) a balance sheet and a statement of income and expenditure which reflects a true and correct view of the state of the affairs of the Corporation as at the end of the last preceding financial year;

(b) a report signed by the auditor appointed under section 17 (2) stating that to the best of his or her knowledge and belief and on information supplied to him or her, the balance sheet and statement of income and expenditure reflects a true statement of the assets and liabilities of the Corporation as of the end of the last preceding financial year, and of the income and expenditure for the period covered. In the event of the auditor being unable to make such a report, or to make it without qualification, he or she shall set out in such report either the facts or circumstances which prevent him or her from making such a report, or the qualification itself; and

(2) The responsible Member shall lay copies of the balance sheet, statement of income and expenditure and report referred to in subsection (1), on the Table of the Provincial Legislature within one month after the receipt thereof by him, if the Provincial Legislature is in ordinary session, or, if the Provincial Legislature is not in ordinary session, within one month after the commencement of its next ensuing ordinary session.

20. Exercise of powers by the Corporation and submission of matters by the Board to the responsible Member.—(1) The Corporation shall exercise its powers subject to the directions of the responsible Member.

(2) The Board shall submit to the responsible Member for decision—

(a) any matter which the responsible Member in terms of this Act, is required to decide upon, approve or determine; and

(b) any matter which the responsible Member has required the Board to submit to him or her for decision relating to the exercise of its powers by the Corporation.

(3) The Board may of its own motion submit to the responsible Member any matter for decision.

(4) In regard to any matter submitted to the responsible Member under subsection (2) or (3)—

(a) the responsible Member may give his or her decision after consultation with the Board;

(b) the responsible Member may, either in general or in particular, impose such condition as he or she may think fit,

and every such decision given or condition imposed, shall for all purposes be deemed to be a decision given or condition imposed by the Corporation, and no such decision or condition may be withdrawn or amended by the Board except with the approval of the responsible Member.

21. Regulations.—The responsible Member may make regulations as to—

(a) the place where head office of the Corporation shall be situated;

(b) the date upon which the financial year of the Corporation shall end in every year;

(d) the conditions of appointment and the powers and duties of a chairperson, acting chairperson and directors, and the quorum and procedure at meetings of the Board;

(e) the keeping of registers, records and books of account by the Board;

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(f) an official seal of the Board and the use thereof;

(g) the preparation and submission of annual balance sheets, statements of income and expenditure and reports of the Board and its auditor;

(h) the service of notices;

(i) such other matters as are necessary or useful to be prescribed for the attainment of the objects of this Act, the generality of this provision not being limited by the provisions of the preceding paragraphs.

22. Application of Act 61 of 1973.—(1) The provisions of the Companies Act, 1973, which were excluded from application to the Corporation in terms of the provisions whereby the Corporation was established under the Promotion of the Economic Development of Black States Act, 1968, shall, subject to the provisions of subsection (2), continue to be so excluded.

(2) The responsible Member may by proclamation in the Provincial Gazette declare that any provision of the Companies Act, 1973, which is not inconsistent with the provisions of this Act, shall apply to the Corporation with such modifications as he or she may determine, and may withdraw or amend any such proclamation.

23. Short title.— This Act shall be called the North-West Agricultural Service Corporation Limited Act, 1995.

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NORTH WEST APPROPRIATION ACT

NO. 5 OF 1995

[ASSENTED TO 24 AUGUST, 1995] [DATE OF COMMENCEMENT: 25 AUGUST, 1995]

(English text signed by the Premier)

ACT

To appropriate an amount of money for the requirement of the North-West Province during the financial year ending on the thirty-first day of March, 1996, and to provide for incidental matters.

1. Provincial Revenue Fund charged with amounts of money shown in the Schedule to this Act, for financial year ending on 31 March 1996.—Subject to the provisions of the North-West Provincial Exchequer Act, 1994 (Act 4 of 1994), the Provincial Revenue Fund is hereby charged with the amounts of money shown in the Schedule to this Act for the financial year ending on the thirty-first day of March, 1996.

2. Short title.—This Act shall be called the North-West Appropriation Act, 1995.

Schedule

Summary of Estimates of Expenditure to be defrayed from the Provincial Revenue Fund during the Financial Year ending 31 March 1996

TOTAL VOTE 1995/96 1994/95 R’000 R’000 1. Office of the Premier 46,211 23,136 2. Office of the Legislator 21,090 12,600 3. Health and Social Welfare 1,803,892 0 4. Office of the Provincial Service Commission 21,800 32,400 5. Safety and Security 1,969 0 6. Economic Affairs 56,544 84,709 7. Finance and Provincial Expenditure 329,187 228,400 8. Education and Culture 1,843,433 1,301,550 9. Local Government and Housing 417,966 393,645 10. Transport 258,863 308,000 11. Public Works 707,612 193,430 12. Media 169,578 181,200 13. Agriculture and Environment 311,590 299,961 14. Promoting the Reconstruction and Development 1 0 15. Improvement of Condition of Service 314,392 0 Total Estimated Expenditure 6,304,128 3,059,033

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NORTH WEST DEVELOPMENT CORPORATION LIMITED ACT

NO. 6 OF 1995

[ASSENTED TO 5 SEPTEMBER, 1995] [DATE OF COMMENCEMENT: 1 OCTOBER, 1994]

(English text signed by the Premier)

ACT

WHEREAS the need for the continuance of the Bophuthatswana National Development Corporation Limited as a development corporation for the North-West Province has been recognised by the North-West Provincial Government;

WHEREAS, that corporation was identified as being instrumental in the success of the reconstruction and development programme in the North-West Province.

AND WHEREAS, in order therefore for that Corporation to continue and to play a meaningful role in the whole of the North-West Province the need arose for legislation properly addressing those issues;

NOW THEREFORE the Premier and the Provincial Legislature of the North West Province have enacted as follows:

1. Definitions.—In this Act unless inconsistent with the context —

"Board" means the North-West Development Corporation Limited Board of Directors established by section 3;

"Constitution" means the Constitution of the Republic of South Africa Act, 1993;

"Corporation" means the North-West Development Corporation Limited, established by section 2 of the repealed Bophuthatswana National Development Corporation Limited Act, 1993 and which continues as a Corporation under section 2 of this Act;

"director" means a director of the Corporation;

"financial year" means the financial year of the Corporation, being the period of twelve months commencing on the first day of April in any year and ending on the thirty-first day of March first following, both days inclusive;

"Managing Director" means the Managing Director of the Corporation appointed in terms of section 11 of this Act;

"Premier" means the Premier of the North-West Province as contemplated by section 145 (1) of the Constitution;

"Province" means the North-West Province as contemplated by section 124 (1) of the Constitution;

"Provincial Legislature" means the legislative authority of the North-West Province contemplated by section 125 (2) of the Constitution;

"repealed law" means the Promotion of the Economic Development of Bantu Homelands Act, 1968 and the Bophuthatswana National Development Corporation Limited Act, 1993;

"responsible Member" means the Member of the Executive Council responsible for Economic Affairs; and

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"this Act" includes the Regulations.

2. Continued existence of the Corporation.—(1) (a) The Bophuthatswana National Development Corporation Limited initially established under the Promotion of the Economic Development of Bantu Homelands Act, 1968 (Act 46 of 1968) and thereafter dealt with under the Bophuthatswana National Development Corporation Limited Act, 1993 (Act 37 of 1993), shall, notwithstanding the repeal of the last-mentioned Act by this Act, continue to exist and operate as a body corporate under the name of North-West Development Corporation Limited and shall be deemed to have been established under this Act.

(b) Notwithstanding anything to the contrary contained in this Act, all transactions, agreements, proceedings, matters, acts or things which were done by the Corporation prior to the commencement of this Act any previous Act, shall be regarded as concluded, brought, performed, or done in pursuit or furthermore of the objects of the Corporation or the carrying on of its business and operations shall be deemed to have been lawfully concluded, brought, performed, or done in accordance with the provisions of this Act.

(c) Subject to the provisions of subparagraph (d), the aims and objects of the Corporation shall be to, plan, finance, co- ordinate, promote and carry out the economic development of the Province and its people in the field of industry, commerce, finance, mining and other business, resulting in wealth and job creation.

(d) The Corporation shall, in attaining its aims and objects, have due cognizance of the aims and objects of the Reconstruction and Development Programme of the Republic of South Africa.

(2) Without derogating from the generality of paragraph c() of subsection (1), the Corporation, for the purposes of the proper exercise and performance of its powers, functions and duties in terms of this Act shall be capable in law of suing and being sued, of purchasing or otherwise acquiring and holding and alienating movable and immovable property and acquiring real and other rights thereto or any interest therein, of entering into contracts and agreements and, generally, of doing and performing such other things and such other acts as bodies corporate by law may do and perform, subject to the provisions of this Act.

(3) From and after the commencement of this Act and subject to the provisions thereof, the Corporation shall be controlled and represented by the North West Development Corporation Board of Directors as hereinafter provided, and all acts of that Board shall be deemed to be acts of the Corporation.

3. Composition of North-West Development Corporation Limited Board of Directors, appointment and termination of appointment of directors, and remunerations, etc. of directors of the Board.—(1) The responsible Member shall—

(a) from time to time determine the number of directors of Board, which number shall not be less than six and not more than fifteen, of whom one shall be the designated chairperson of the Board by the responsible Member;

(b) appoint the said directors of the Board for a period of three years;

(c) appoint a Managing Director by virtue of being suitable in view of any professional, technical, administrative, special or other qualifications, expertise and experience, who shall be the Chief Executive Officer of the Corporation:

Provided that such determination and appointment shall take place in accordance with the principles of transparency and consultation.

(2) The directors shall be appointed by the responsible Member in terms of subsection (1) by virtue of being suitable for membership in view of—

(a) any professional, technical, administrative, special or other qualifications, expertise or experience; and

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(b) being representative of the broad classes of people within the Province.

(3) The responsible Member may for each or any director of the Board – hereinafter referred to as an appointed director – appoint an alternate director, and for the purposes of the appointment of such alternate director, the considerations in paragraphs (a) and (b) of subsection (2) which are relevant to the appointment of the director of the Board for whom he or she is an alternate, shall mutatis mutandis apply.

(4) The directors of the Board and their alternate directors shall be appointed by the responsible Member on such terms and conditions as he or she may determine: Provided that a director shall be compensated on a basis as determined by the Board for all travelling and other expenses necessarily incurred in connection with the business of the Corporation and attendance of meetings of the Board.

(5) Whenever the director of the Board in respect of whom a person has been appointed as an alternate director is for any reason unable to attend a meeting of the Board or to exercise and perform his or her powers, functions and duties as a director of the Board, such alternate director may in the place of the director for whom he or she is an alternate, attend such meeting of the Board and thereat participate in the proceedings and voting and fully exercise and perform all the other powers, functions and duties of the director for whom he or she is an alternate: Provided that the person appointed as alternate member for the chairperson shall not at any meeting of the Board at which the chairperson is absent, exercise or perform any powers, functions or duties pertaining to the office of chairperson.

(6) An appointed director or alternate director whose term of office has expired, shall be eligible for re-appointment.

(7) Notwithstanding the provisions of this section, a person shall be disqualified from being appointed or remaining as an appointed director of the Board if—

(a) he or she is subject to a final order of court whereby his or her estate is sequestrated under the Insolvency Act 1936 (Act 24 of 1936), or if his or her estate is sequestrated in terms of the law of any other country or territory by a competent court or authority of such a country or territory, or if he or she has assigned his estate for the benefit of his or her creditors;

(b) he or she is subject to an order of a competent court declaring him to be of unsound mind or mentally disordered or defective; or

(c) he or she has been convicted of any offence under this Act or of any offence whatsoever, other than an offence which is regarded as a political offence, in respect of which he or she was sentenced to imprisonment without the option of a fine for a period of not less than six months, irrespective of whether such imprisonment was wholly or partially suspended or not, unless he or she has received a grant of amnesty or a free pardon, or unless the period of such imprisonment or suspension has expired at least ten years before the date of his appointment as a director of the Board.

(8) An appointed director or alternate director of the Board shall vacate his or her office if—

(a) he or she is found guilty of misconduct;

(b) he or she is unfit for the duties of his or her office;

(c) he or she becomes subject to a permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(d) he or she becomes subject to any disqualification referred to in subsection (7);

(e) he or she is absent from three consecutive ordinary meetings of the Board without its permission.

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(9) The office of a director shall be deemed to have been vacated—

(a) upon the death of such director; or

(b) upon the expiration of his or her period of office; or

(c) upon receipt by the Board of his or her resignation a director: Provided that he or she shall have given 30 days’ notice, in writing, to the Board of his or her intention to resign and provided further that such resignation is accepted by the Board; or

(d) if he or she is directly or indirectly concerned in any contract with the Corporation or shares in the profits of any contract with the Corporation: Provided that he or she shall not vacate his or her office if he or she has informed the Board of the nature and extent of his or her interest in such contract and he or she does not vote in respect of such contract or any matter arising therefrom.

(10) Where the office of any appointed director or alternate director becomes vacant, whether by virtue of his or her death or removal or resignation from office, the vacancy shall be filled as soon as may be reasonably practicable, by a suitable person appointed for that purpose by the responsible Member mutatis mutandis in accordance with the provisions of subsection (3) and the member so appointed shall hold office for the unexpired period of his or her predecessor’s term of office.

4. Chairperson and vice-chairperson of Board.—(1) The responsible Member shall from the number of appointed members of the Board, designate a chairperson for the Board.

(2) The responsible Member shall from the number of appointed members of the Board, designate a vice-chairperson.

(3) The chairperson of the Board shall, subject to the provisions of this section, preside at the meetings of the Board.

(4) The vice-chairperson of the Board shall preside at the meetings of the Board and exercise and perform all the powers, functions and duties of the chairperson of the Board whenever the office of chairperson is vacant or the chairperson is absent or suspended or incapacitated or refuses or fails to act, or is subject to the provisions of section 10, and whenever the offices of both chairperson and vice-chairperson are vacant or both the chairperson and vice-chairperson are absent, incapacitated or refuse or fail to act, or they are both subject to the said provisions, the remaining directors shall from the number of the appointed directors designate a person to preside at the particular meeting or meetings of the Board and to exercise and perform all the powers, functions and duties of the chairperson, for as long as any such vacancy exists, or any of the aforementioned circumstances subsist.

(5) Where any question or dispute arises as to whether or not any incapacity is of a temporary or permanent nature or whether any cause is sufficient for invoking the provisions of that subsection, the matter in issue shall be determined by the decision of the majority of directors who are not alleged to be subject to any incapacity or circumstance contemplated by that subsection.

(6) Whenever it comes to the notice of the responsible Member that, in consequence of the existence of vacancies in the Board or the absence, suspension or incapacity of its directors or any refusal or failure to act contemplated by subsection (4), the number of the remaining directors do not, pending the filling of such vacancies or the termination of any of the circumstances hereinbefore mentioned, form a quorum, the responsible Member shall appoint not less than such number of persons as are required to form such a quorum, but not more than such number of persons as are equal to the difference between the full complement of the Board and the remaining members, to act as members of the Board during the period that such vacancies exist or such circumstances subsist, in order to enable the Board to exercise and perform its powers, functions and duties under this Act.

(7) Notwithstanding the provisions of subsection (4), the responsible Member may, if he or she deems it necessary, appoint any person to act as chairperson of the Board in the circumstances contemplated by that subsection for as long as such circumstances subsist.

5. Acts, resolutions and proceedings of Board not invalidated in certain circumstances.—Subject to the provisions of

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section 7 (1) and (2) and section 10, the acts, decisions, and proceedings of the Board shall not be rendered invalid or unlawful by reason only of any vacancy occurring therein, as contemplated by section 3, or of any defect or irregularity in the appointment of a member or by reason of the disqualification of any member of the Board.

6. Meetings of Board and notice of meetings.—(1) The meetings of the Board shall be held on such dates and at such times and places as the Board may by resolution determine, but not less than six times every year: Provided that the first meeting of a newly constituted Board shall be held on such date and at such time and place as the responsible Member may by written notice to all the members of the Board determine, which date shall not be later than twenty-one days (Saturdays, Sundays and public holidays excluded), after such constitution of the Board.

(2) The chairperson may at any time call for an extraordinary meeting of the Board, if in his or her opinion, it is justified by the circumstances prevailing and shall, upon having been presented with a requisition for that purpose signed by at least two members of the Board, forthwith call for an extraordinary meeting of the Board, and if the chairperson fails to call for such lastmentioned meeting within seven days as from such presentation, such two members may, on the expiration of such seven days call for an extraordinary meeting.

(3) Notice of meetings of the Board shall be given to all members thereof in such manner and form as the Board may from time to time determine.

7. Quorum and decisions of Board, and voting powers of chairperson.—(1) At any meeting of the Board the quorum shall be a majority of the serving directors.

(2) The decision of the majority of the directors of the Board present at any meeting thereof, shall, subject to the provisions of subsection (1), constitute a decision to be known as a resolution of the Board: Provided that where the directors of the Board present at any meeting thereof constitute a bare quorum a decision or resolution adopted at such meeting shall not be a decision or resolution of the Board nor have any force or effect unless such decision or resolution was adopted unanimously by the directors so present.

(3) In the event of an equality of votes in regard to any matter put to the vote, the chairperson of the Board or person acting as such in terms of section 4 (4) shall have a casting vote in addition to his or her deliberative vote.

8. Procedure when Board unable to meet timeously in respect of urgent business.—(1) Whenever any matter to be dealt with by the Board is of such a nature that it requires the immediate and urgent decision of the Board and the circumstances are such that it would not be possible for the Board to meet timeously, then all the relevant documentation and memoranda setting out fully the matter to be dealt with shall be submitted to each member of the Board for consideration, and any decision agreed upon by a simple majority of the total number of its members shall be regarded as the decision of the Board in regard to such matter.

(2) A decision contemplated by subsection (1) shall be ratified by the Board at its next ensuing meeting and shall be recorded in the minutes of that meeting.

(3) (a) Any director of the Board to whom a matter has been submitted in terms of subsection (1), shall be precluded from any participation in disposing of such matter in terms of that subsection if, in relation to such matter, he or she has any interest of any nature contemplated by paragraph (a) or (b) of section 10 (1), and shall, upon becoming aware of having such an interest, disclose his interest to the chairperson.

(b) Whenever a director of the Board affected by the provisions of paragraph (a) of this subsection, has failed to comply with the provisions of that paragraph, any decision taken at the time of the non-compliance and regarded by subsection (1) as the decision of the Board, shall be null and void, and such director shall be guilty of an offence and liable on conviction to the penalties prescribed in section 10 (3).

9. Minutes of Board.—(1) The Board shall cause minutes to be prepared and kept of the proceedings of every meeting thereof and cause copies of the minutes to be circulated to all the directors of the Board, as well as to the responsible Member.

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proceedings which it purports to minute, and shall at any proceedings before a court of law or any tribunal, constitute prima facie evidence of the proceedings of the Board and the matters it purports to minute.

10. Commercial and other interests of directors in matters dealt with by Board.—(1) No director of the Board shall be present at any meeting thereof or be present in the room in which such meeting is held, or in any way whatsoever take part in the proceedings of the Board, during the course of the discussion of or voting on—

(b) any intended or pending legal arbitration or other proceedings to which the Board is or may become a party and in which any such director has, directly or indirectly, either by himself or herself or through his or her spouse, partner or business associate or through any other person related to him or her within the third degree of consanguinity or affinity, any interest, whether as a party, witness or legal representative or otherwise.

(2) If at any stage during the course of any proceedings before the Board, it appears that any director thereof has or may have an interest which may, in terms of subsection (1), preclude him or her from further participation in such proceedings—

(a) he or she shall forthwith and fully disclose the nature of his or her interest and leave the meeting, so as to enable the remaining members thereof who are present at the meeting in question to discuss the matter and to determine whether such member is so precluded;

(b) such disclosure and the decision taken by such remaining members in relation to such determination, shall be recorded in the minutes of such meeting.

(3) If any director of the Board fails to disclose any interest as required by subsection (2) when the Board turns to consider and deal with any matter affected by such interest, or if such director otherwise contravenes or fails to comply with the preceding provisions of this section, the proceedings of the Board shall be null and void and such director shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or imprisonment for a period not exceeding three months, or to both such fine and such imprisonment, unless it is proved that such director did not know that he or she had such an interest.

11. Managing Director of Corporation.—(1) The responsible Member shall appoint as Managing Director of the Corporation a person who—

(a) is suitable in view of his or her professional, technical, administrative, special or other qualifications, expertise or experience; and

(b) is not disqualified in terms of section 3 (7) from becoming a member of the Board,

and the Managing Director shall be, the accounting officer for the Corporation and, subject to the control of the Board, be the chief executive officer of the Corporation: Provided that the procedure followed by the responsible Member in the appointment of the Managing Director shall be in accordance with the principles of transparency and consultation.

(2) The Managing Director shall be appointed for such period and on such terms and conditions as to service, as the responsible Member may determine: Provided that such terms and conditions relating to the remuneration, allowances and perquisites of the Managing Director shall in each case be determined by the Board in concurrence with the responsible Member.

(3) The Board may by resolution delegate any of its powers, functions or duties in terms of this Act to the Managing Director (excluding the power referred to in section 16), but shall not thereby be divested of any power or be relieved of any function or duty which it may have so delegated, and may revoke or amend any such delegation and amend or withdraw any decision of the Managing Director in terms of a delegation under this subsection.

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(4) The Managing Director may on three months’ written notice tendered to the Board, resign from his or her office.

(5) The responsible Member may subject to the provisions of subsection (6) remove the Managing Director from office—

(a) on account of his or her misconduct;

(b) for unfitness for the duties of his or her office;

(c) on the ground of a permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly; or

(d) on the ground that he or she is or has become subject to a disqualification referred to in section 3 (7).

(6) (a) The responsible Member shall, if he or she is on reasonable grounds satisfied that there may exist sufficient cause for the removal of the Managing Director from office in terms of subsection (5), after affording the Managing Director the opportunity to address him or her in this regard, and bearing in mind the provisions of section 24 of the Constitution, constitute a committee to enquire into or investigate whether such sufficient cause does indeed exist for the removal of the Managing Director from office.

(b) The responsible Member may, whenever there is being undertaken any enquiry or investigation for the purpose of establishing whether or not there exists sufficient cause for the removal of the Managing Director from office in terms of subsection (5) as contemplated by subparagraph (a), suspend the Managing Director from his or her office pending the outcome of such an enquiry or investigation.

(7) Whenever the Managing Director is suspended in accordance with the provisions of subsection (6), he or she shall, in respect of the period of his or her suspension unless the responsible Member after consultation with the Board directs otherwise, not be entitled to any emoluments under this Act: Provided that—

(a) if the period of his or her suspension endures for longer than three months, the Corporation shall until such time as such suspension is terminated and the Managing Director is either removed from office under subsection (5) or restored to his or her office, pay to the Managing Director an amount equal to such portion of his or her basic salary as would have accrued to him or her in respect of the period in excess of such three-month period;

(b) if he or she is restored to his or her office, he or she shall in respect of the period of his or her suspension, and in addition to any amount paid or payable to him or her under paragraph (a) of this proviso (if any), be paid all such emoluments as would have been payable to him or her under this Act had he or she not been so suspended.

12. Deputy Managing Director.—(1) The Managing Director may, subject to the approval of the Board, appoint a person as Deputy Managing Director to assist the Managing Director, subject to his or her directions and control, in exercising and performing the powers, functions and duties conferred and imposed upon him or her by or in terms of this Act.

(2) The Managing Director may, with the approval of the Board and subject to the provisions of the by-laws made under section 16 (if any), remove any Deputy Managing Director from office for any cause specified in paragraph (a), (b), (c) or (d) of section 11 (6).

(3) A Deputy Managing Director may on two months’ written notice tendered to the Managing Director resign from his or her office.

13. Officers, employees and other staff of Corporation.—The Board may appoint such officers; employees and workmen, and engage the services of such experts or advisers in any profession, technique or science, for the Corporation as it may deem necessary in order to assist the Corporation in the due, proper and effective exercise, performance and execution of the powers, functions, duties, projects and affairs of the Corporation, subject to the directions of the

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responsible Member (if any), and may—

(a) determine the terms and conditions of service of such officers, employees and workmen;

(b) negotiate the purposes for and the terms and conditions subject to which the services of experts or advisers shall be engaged by the Corporation;

14. Matters to be referred to the responsible Member for decision.—(1) The Board shall submit to the responsible Member for decision—

(a) any matter which the responsible Member in terms of this Act, is required to decide upon, approve or determine; and

(b) any matter which the responsible Member has required the Board to submit to him or her for decision relating to the exercise of its powers by the Corporation.

(2) The Board may of its own motion submit to the responsible Member any matter for decision.

(3) In regard to any matter submitted to the responsible Member under subsection (1) or (2)—

(a) the responsible Member may give his or her decision after consultation with the Board;

(b) the responsible Member may, either in general or in particular, impose such condition as he or she may think fit,

15. Powers of the Board.—(1) The Board shall have power—

(a) to establish, plan, finance, co-ordinate, promote and carry on industrial, commercial, financial, mining and other business undertakings or to acquire such undertakings and to sell or otherwise dispose of such undertakings;

(b) to establish or assist in establishing companies for industrial, commercial, financial, mining or other business purposes;

(c) to inaugurate, plan, finance, co-ordinate, promote or carry out or to assist in the inauguration, planning, financing, co-ordination, promotion or carrying out of projects which are intended to benefit and develop the people of the Province and the Republic economically or which relate to the exploitation, development or utilization of a natural resource, which, in addition to the ordinary meaning thereof, shall include labour, land, minerals, metals, precious stones, water, wood, agriculture, fishing and sea products, methods of transport and communication and methods for the development of power;

(d) to lend money and, to raise or borrow money;

(e) to control, carry out, guarantee, underwrite, finance or bring about the issue of any loan or of any shares, stock or debentures, or to advance money for that purpose;

(f) to provide capital or other means, and to furnish technical and other assistance and expert and specialized advice, information and guidance;

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(g) to apply its funds or moneys to the establishment of a reserve fund, or to invest any funds or moneys not immediately required for its affairs in any manner;

(i) to accept donations and to receive any moneys offered or due to it;

(j) to act as broker;

(k) to open banking accounts;

(l) to pay all expenses in connection with its establishment and administration;

(n) to guarantee the contracts and obligations of any person or to become surety for their due fulfillment, and to enter into surety bonds or deeds of security;

(o) to issue, negotiate, accept, endorse or discount debentures, bills of exchange and other negotiable instruments;

(p) to purchase, hire, develop or hold or to subscribe to or otherwise acquire or take over movable property of an kind, including any shares, stocks, debentures and securities, or any interest in any business of or a mortgage over any property, and to let, sell or otherwise alienate it or pledge it or deal otherwise therewith;

(q) by legal process to cause any company, corporation or juristic person in which it has any share or interest, to be liquidated or placed under judicial management and may for that purpose itself be appointed as liquidator or judicial manager, and to petition a competent court to sequestrate the estate of any of its debtors;

(t) to subject to the provisions of the Bank Act, 1990 (Act 94 of 1990) take deposits offered by any person for investment and to hold such deposits on such conditions as may be agreed upon, and to arrange and to decide upon the investment and application thereof;

(u) to act as agent or representative in connection with any matter of whatsoever nature for or on behalf of a person in connection with all or any of its objects or itself to appoint agents or representatives in connection with any of its objects;

(v) to transfer any kind of movable or immovable property held by the Corporation or any interest in any such property to any development corporation or any corporation;

(w) to employ, remunerate, house, discharge or suspend officers and employees required for its

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operations and to indemnify such officers and employees in respect of any harm, damage or loss suffered by them in the course of the execution of their duties;

(x) to provide or give pension and sick benefits to any of its officers and employees;

(y) to acquire land by purchase, lease or otherwise, for the purpose of erecting thereon dwelling- houses for persons in its employ, erect such dwelling-houses and enter into agreements with such persons for the letting or sale of such dwelling houses to such persons;

(z) make loans available to employees of the Corporation for the purchase by them of vehicles and equipment to be used by them in the exercise and performance of their powers, functions and duties;

(aa) reward any of its officials, employees or workmen for any suggestion or invention which in material aspects conduces towards greater efficiency, productivity or economy within the Corporation;

(bb) incur expenditure in respect of official entertainment by the Board for the purposes of or in connection with advancing, promoting, or executing the affairs, operations and objects of the Corporation; and

(cc) to exercise any other power which the Premier may consider necessary for the attainment of its objects and which the Premier may confer upon it by proclamation in the Gazette;

and may, generally, do anything that is necessary for or conducive to the attainment of its objects and the exercise of its powers, whether or not it relates to any matter expressly mentioned in this section.

(2) The tasks and powers imposed or conferred upon the Corporation by or under any repealed Law, shall be deemed to be tasks and powers imposed or conferred upon the Corporation, by this Act.

16. By-laws of Corporation.—The Board may, with the prior approval of the responsible Member, by notice in the Gazette, make by-laws in relation to the following matters—

(a) the proceedings and business of the Corporation;

(b) the duties of officers, employees and other persons in its employment, including delegation of the powers of appointment and dismissal to any particular officer; and

(c) the scales of salaries, wages or other remuneration of persons in its employment, and the contributions to be paid by the Corporation towards any pension or superannuation fund established by it.

17. Financing of Corporation, and guarantees in respect of certain loans to it.—(1) The Corporation shall be financed and be provided with working capital out of—

(a) such moneys as may from time to time be appropriated to the Corporation by the Provincial Legislature, together with such monies which, upon the commencement of this Act, may from public funds be allocated to the Corporation by the responsible Member, which he or she is hereby authorised to do which contributions shall be regarded as constituting share-capital held by the Provincial Government;

(b) loans granted to the Corporation by the Provincial Government of the Republic on such terms and conditions as the responsible Member in concurrence with the Member of the Executive Council responsible for Finance may from time to time determine in accordance with the provision of the North West Exchequer Act, 1994;

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(d) loans negotiated by the Corporation with other states, or with international bodies, agencies, institutions or financiers;

(e) all fees, charges and monies payable to the Corporation in respect of services rendered or supplied by the Corporation;

(f) the proceeds derived by the Corporation from the realisation of any of its assets or property;

(g) rent or other moneys payable to the Corporation by its officers, employees and workmen in respect of housing or accommodation provided by the Corporation, as contemplated by section 15 (y);

(h) interest payable to the Corporation by its officers, employees and workmen in respect of the outstanding balances on loans granted to them by the Corporation in terms of section 15 (z);

(i) interest derived from the investment of monies by the Corporation in terms of section 21 (a) or (b);

(j) donations and bequests to the Corporation accepted by it;

(k) the proceeds of any sale in terms of section 15 (h).

(2) The Member of the Executive Council responsible for Finance may, on behalf of the Provincial Government and, upon such terms and conditions as he deems fit and subject to the provisions of the North West Exchequer Act, 1994 (Act 4 of 1994) guarantee the repayment of the capital of, and the payment of the interest on and any charges incurred in connection with, any loan raised or negotiated by the Corporation in terms of subsection (1).

18. Banking account of Corporation.—(1) The Corporation shall open and maintain with a commercial or other bank or other financial institution registered in the Republic, an account in which shall be deposited, subject to the provisions of section 21, all monies and income of the Corporation under this Act and from which all payments by or on behalf of the Corporation shall be effected.

(2) All cheques and other negotiable instruments drawn on the Corporation shall be signed by the Managing Director, and any one other member of the Board or one officer of the Corporation specifically authorised by the Board for that purpose, or by any two other members of the Board so authorised, or by any one other such member and one such officer so authorised, or by any two officers so authorised.

19. Revenue account of Corporation.—(1) The Corporation shall have a revenue account for each financial year and shall credit such account with such monies, contemplated by section 17, as constitute its income for such year and debit such account with all monies expended or owing by it during such year in the performance of its functions, the everyday administration of its affairs and the normal course of its business and operations in terms of this Act, and shall, in so doing, make proper provision for—

(a) the depreciation or diminution in value of its assets;

(b) the payment of interest and other charges in respect of loans or any overdraft raised, obtained or negotiated by it in terms of section 17 (1) (c) or (d);

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(c) the redemption by the Corporation of loans to it or of overdrafts at a bank or financial institution referred to in section 17 (1) (c).

(2) Whenever at the end of any financial year there is in the revenue account—

(a) a surplus of income over expenditure surplus it shall be carried forward as a credit balance in the revenue account for the next ensuing financial year;

(b) a deficit in that expenditure of the Corporation exceeds its income, the deficit existing in the revenue account for such financial year shall be carried forward as a debit balance in the revenue account for the next ensuing financial year.

(3) Where the provisions of subsection (2) (b) require a deficit to be carried forward as a debit balance, the responsible Member shall, where monies have been appropriated by Provincial Legislature for that purpose, either fully meet such deficit which shall be carried forward as a debit balance in the revenue account, as may be dictated by the circumstances.

(4) The monies paid out by the responsible Member in terms of subsection (3) shall for all purposes in law be regarded as a loan made to the Corporation by the Provincial Government on such terms and conditions and repayable by the Corporation over such period, as the responsible Member in concurrence with the Member of the Executive Council responsible for Finance may in writing determine.

(5) For the purposes of subsection (2)—

(a) the word "income" includes a credit balance in the revenue account; and

(b) the word "expenditure" includes a debit balance in the revenue account,

brought forward from the revenue account for the preceding financial year.

20. Standards to be observed by Corporation in relation to conduct of its business and financial affairs.—(1) The Corporation shall, in the performance of its functions and the conduct of its business, undertakings, and affairs, at all times—

(a) act in such manner, as in its opinion, will best serve to promote and attain its objects as contemplated by section 2;

(b) strive to ensure that the expenditure incurred by it and/or charged to the revenue account in respect of any financial year does not exceed the income of the Corporation for such year,

and shall at all times conduct its business and undertakings in accordance with generally accepted economic and commercial principles.

(2) The responsible Member may, after consultation with the Board in writing issue to the Corporation such general directions in regard to the exercise and performance by the Corporation of its powers, functions and duties under or by virtue of this Act, as the responsible Member considers to be in the interests of the people of the Province.

(3) The Corporation shall, in the exercise and performance of the powers, functions and duties referred to in subsection (2), comply with all such directions issued in terms of that subsection as may be relevant and appropriate in the circumstances of every particular case.

21. Investment of moneys.—The moneys constituting the funds of the Corporation in terms of section 17 and which are not immediately required to meet the current expenditure of the Corporation may be invested at any bank or other financial institution approved by the Board.

22. Financial accountability of Corporation, and provisions relating to audit and annual report.—(1) The Board shall

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subject to the provisions of subsection (5), in respect of every financial year, cause proper books and records of account to be kept in accordance with established accounting practice, principles and procedure of—

(a) all the monies received by the Corporation within the contemplation of section 17 (1);

(b) all monies deposited in or payments made from the account contemplated by section 18 (1);

(d) all movable and immovable property and other assets held by the Corporation, and every loan raised or overdraft obtained by or for the Corporation and the capital amount outstanding on each such loan or overdraft;

(e) all costs incurred or monies expended or owing by the Corporation in connection with the exercise and performance of its powers, functions and duties under this Act;

(f) the interest paid or payable by the Corporation in respect of every loan or overdraft referred to in paragraph (d); and

(g) the interest received or accrued on monies invested or deposited in terms of section 21,

and the Board shall, within three months as from the end of each financial year, or such longer period as the head of the Provincial Department for Finance may allow, submit the said books and records of account together with the financial statements of the Corporation in respect of such year, comprising an income and expenditure statement and a balance sheet, to be audited in accordance with the provisions of subsection (2).

(2) The books and records of account and financial statements contemplated by subsection (1), shall be audited annually by the Auditor General (if he or she is so authorised by law or otherwise) or a practising public accountant and auditor appointed by the responsible Member for that purpose, at the conclusion of which audit the auditor concerned shall furnish his or her report to the Board.

(3) The chairperson of the Board shall as soon as may be reasonably practicable after the end of each financial year, prepare a report in respect of such financial year in regard to the exercise and performance by the Corporation and the Board of the powers, functions and duties conferred and imposed by or in terms of this Act, and to the execution and attainment of the programmes, projects and priorities of the Corporation, and the business, operations and undertakings and any activities and achievements of the Corporation for the purposes of ensuring the proper execution of this Act and attaining its objects.

(4) The Board shall, not later than thirty days after receipt of the auditor’s report referred to in subsection (2), submit a copy of the audited financial statements of the Corporation, together with such report and the report referred to in subsection (3), to the responsible Member who shall—

(a) submit a copy to the Premier; and

(b) within fourteen days after receipt thereof lay it on the table in the Provincial Legislature, if the Provincial Legislature is then in session, or, if the Provincial Legislature is not then in session, within fourteen days after the commencement of its next ensuing session.

(5) In the event of the Minister of Finance listing the Corporation as a public entity in terms of the Reporting by Public Entities Act, 1993 (Act 93 of 1992), the financial accountability of the Corporation shall be dealt with in accordance with the provisions of that Act.

23. Offices of Corporation, and execution of documents of Corporation.—(1) The Corporation shall have its head office at Mmabatho and may open branch offices in other centres of the Province as and whenever it becomes necessary or expedient: Provided that, with the permission of the responsible Member and the Government of any other Province involved, the Corporation may establish offices in other Provinces in the Republic.

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(2) Subject to the provisions of section 18 (2) and subsection (3) of this section, every contract, agreement, authority or approval and any other document or instrument, shall have been duly executed for or on behalf of the Corporation where it complies with the provisions of this Act in all other respects and has been signed by the chairperson of the Board, or if he or she is not available or where any resolution of the Board so requires, by any other director or officer generally or specifically authorised for that purpose by resolution of the Board.

(3) The Managing Director may, in his or her discretion but subject to the provisions of this Act, execute or prepare, and sign, any such notice, document or instrument as may be necessary or expedient for the everyday administration and affairs of the Corporation.

24. Powers of responsible Member to ensure compliance with Act by Corporation.—(1) Whenever the responsible Member is satisfied that a failure to comply with the provisions of this Act has occurred—

(a) on the part of the chairperson of the Board or any other member of the Board or on the part of any person employed by the Corporation or acting on its behalf with the authority of the Board; or

(b) on the part of the Board,

he or she may, by written notice to the Board, inform it accordingly and direct to the Board to take all the necessary steps or cause the same to be taken, so as to make good such failure within a reasonable time, which shall be specified in such notice, and, where applicable, to ensure future compliance with such provisions.

(2) Upon failure by the Board to comply or ensure compliance with a direction contemplated by subsection (1), the responsible Member may apply to the relevant Division of the Supreme Court of South Africa for an order directing the Board to make good the failure in question, whereupon the Court may make such order as it deems fit.

25. Regulations.—(1) The responsible Member may, after consultation with the Board, make regulations not inconsistent with the provisions of the Act, in relation to—

(a) any matter which shall or may be prescribed in terms of this Act;

(b) any matter necessary to be prescribed for the purposes of the due and effective administration and execution of this Act and of ensuring that its objects are attained;

(c) any matter relating to the exercise and performance of the powers, functions and duties of the Corporation in terms of section 15;

(d) the keeping of registers, records and books of account by the Board;

(e) the official seal of the Board;

(2) A regulation made in terms of subsection (1) may provide a penalty, not exceeding one thousand rand, for a contravention thereof or failure to comply therewith.

(3) The regulations which, immediately prior to the date of commencement of this Act are in force in relation to any matter of a nature specified in subsection (1), shall as from such date be deemed to be the regulations made in terms of that subsection.

26. Liquidation of Corporation.—The Corporation shall not be liquidated except by or under the authority of an Act of the Provincial Legislature.

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27. Transitional Provision.—(1) All transactions, agreements, contracts, proceedings, matters, acts or things which, after the date of commencement of this Act but prior to the date of promulgation thereof in the Gazette, were concluded, brought, performed, or done in pursuit or furtherance of the objects of the Corporation or the carrying on of its business and operations in accordance with the provisions of a repealed law, shall be deemed to have been lawfully concluded, brought, performed or done in accordance with the provisions of this Act.

(2) The Board of Directors appointed in terms of a repealed law and in existence at the date of commencement of this Act, shall continue to be the Board of Directors of the Corporation until such time as the responsible Member appoints a Board of Directors in terms of section 3 of this Act, in which event the firstmentioned Board shall, notwithstanding any provision in any law to the contrary, be dissolved from the date of the appointment of the new Board.

(3) Any interim management structure which exists at the date of the coming into effect of this Act, shall be dissolved on the date of appointment of the new Board of Directors by the responsible Member and shall from that date onwards have no powers, duties or functions in relation to the Corporation.

28. Special powers of the responsible Member to convert the Corporation into a company.—(1) The responsible Member may by notice in the Gazette declare that the Corporation, with effect from a date indicated in the Gazette, has been authorised to be incorporated as a company.

(2) Such incorporation shall take place subject to such conditions as may be imposed by the responsible Member (which conditions shall be published in the notice contemplated by subsection (1)) and shall deal with inter alia:

(a) the contents of the articles of association and statutes of the prospective company in relation to—

(i) the sphere and scope of business or activity of the contemplated company; and

(ii) any of the other matters which, in terms of Schedule 1 or 7 to the Companies Act, 1973 (Act 61 of 1973), ought to be prescribed in the said articles or statutes;

(b) the devolution of assets, liabilities and funds of the Corporation to the newly formed company;

(d) shareholding in the company, and the conversion of the shares in the Corporation to shares in the company;

(e) authority for the conversion of the Provincial Government shareholding in the Corporation to shareholding in the company;

(f) the future relationship between the Provincial Government and the new company, including the financial and operational accountability of the new company;

(g) the transfer of the Corporation’s commercial and other enterprises to the company;

(h) the legal succession to the Corporation;

(i) transitional provisions and arrangements in respect of the period of transfer of the Corporation into a company; and

(j) any other matter which in the opinion of the responsible Member is necessary for the successful transfer of the Corporation into a company.

29. Repeal of laws.—The Bophuthatswana National Development Corporation Limited Act, 1993, (Act 37 of 1993) is hereby repealed.

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30. Short title.—This Act shall be called the North West Development Corporation Limited Act, 1995, and shall be deemed to have come into operation on 1 October, 1994.

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NORTH-WEST TOURISM COUNCIL ACT

NO. 7 OF 1995

[ASSENTED TO 5 SEPTEMBER, 1995] [DATE OF COMMENCEMENT: TO BE PROCLAIMED IN THE PROVINCIAL GAZETTE]

(English text signed by the Premier)

ACT

To establish the North-West Tourism Council in order to promote, develop, regulate, rationalise and co-ordinate the tourist industry in the Province; to provide for measures aimed at the maintenance and enhancement of standards of facilities and services hired out or made available to tourists; to enable the Board in consultation with the responsible member to maintain the national grading and classification scheme in respect of accommodation establishments; to authorise the Board to establish schemes for prescribed sectors of the tourism industry; to make provision for the registration of tourist guides; to authorise the responsible Member to make Regulations; and to provide for incidental matters.

1. Definitions.—In this Act, unless the context otherwise indicates—

"accommodation establishment" means any place in or upon which the business of providing accommodation with or without meals is conducted for gain;

"Board" means the Board of Directors of the North-West Tourism Council established under section 3;

"Council" means the North-West Tourism Council established under section 2;

"financial year" means the financial year of the Council, being the period of twelve months commencing on the first day of April in any year and ending on the thirty-first day of March first following, both days inclusive;

"insignia", in relation to any accommodation establishment, means the depictions, signs and symbols which by themselves or in conjunction with one another and together with the emblem of the scheme mentioned in section 16, in respect of the establishment, the category to which the establishment belongs and the nature of the services and facilities offered and provided by the establishment, and which makes known the fact that the Board has awarded the grading, and classification;

"Managing Director" means the Managing Director of the Council appointed in terms of section 11 of this Act;

"prescribe" means prescribed by regulation;

"Province" means Province of the North-West as contemplated in section 124 (1) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);

"responsible Member" means the Member of Executive Council responsible for Economic Affairs;

"this Act" includes any regulation made under section 30;

"tourist industry’’ means the organized industry which is concerned with the promotion and handling of tours to and in the Province and the provision of services and facilities to and the provision for the needs of persons who undertake such tours, in the preparation for such tours, while they are under way and during their stay at their destination;

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"tourist guide" means any person who for reward, whether monetary or otherwise, accompanies any person who travels within or visits any place within the Province and who furnishes such person with information or comments with regard to any matter.

2. Establishment and objects of North-West Tourism Council.—(1) There is hereby established the North-West Tourism Council which shall under that name be a body corporate and, for the purpose of exercising and performing its powers, functions and duties under this Act, be capable in law of instituting or defending or opposing legal proceedings, of purchasing or otherwise acquiring and holding and alienating movable or immovable property, of entering into contracts and concluding agreements and, generally, of performing such other acts and doing such other things as bodies corporate may by law do and perform, subject to the provisions of this Act.

(2) The objects of the Council shall be to promote, develop, regulate, rationalise and co-ordinate the tourist industry of the Province and, without in any way place limitation on the foregoing objects of the Council—

(a) to encourage persons to visit the Province from elsewhere and to travel about within the Province;

(b) to encourage and promote the development and improvement of travel services and facilities to and within the Province, for which purpose the Council may liaise with any department of the Province; and

(3) From and after the commencement of this Act and subject to the provisions thereof, the Council shall be controlled and represented by the North-West Tourism Council Board of Directors as hereinafter provided, and all acts of that Board shall be deemed to be acts of the Council.

3. Composition of North-West Tourism Council Board of Directors, appointment and termination of appointment of directors, and remunerations, etc. of directors of the Board.—(1) The responsible Member shall—

(a) from time to time determine the number of directors of the Board, which number shall not be less than five and not more than sixteen, of whom one shall be the designated chairperson of the Board by the responsible Member;

(b) appoint the said directors of the Board for a period of three years;

Provided that such determination and appointment shall take place in accordance with the principles of transparency and consultation.

(2) The directors shall be appointed by the responsible Member in terms of subsection (1) by virtue of being suitable for membership in view of—

(a) any professional, technical, administrative, special or other qualifications, expertise or experience; and

(b) being representative of the broad classes of the tourist industry related sectors within the Province.

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she is an alternate, shall mutatis mutandis apply.

(4) The directors of the Board and their alternate directors shall be appointed by the responsible Member on such terms and conditions as he or she may determine.

(5) Directors of the Board and their alternate directors, other than any director in the full-time service of the State shall, in connection with the performance of their functions and duties as members of the Board, be paid such remuneration and allowance and be entitled to such perquisites as the responsible Member, in consultation with the Member of the Executive Council responsible for Finance and Provincial Expenditure, may from time to time determine (if any): Provided that a director shall be compensated on a basis as determined by the Board for all travelling and other expenses necessarily incurred in connection with the business of the Council and meetings of the Board.

(6) Whenever the director of the Board in respect of whom a person has been appointed as an alternate director is for any reason unable to attend a meeting of the Board or to exercise and perform his or her powers, functions and duties as a director of the Board, such alternate director may in the place of the director for whom he or she is an alternate, attend such meeting of the Board and thereat participate in the proceedings and voting and fully exercise and perform all the other powers, functions and duties of the director for whom he or she is a alternate: Provided that the person appointed as alternate member for the chairperson shall not at any meeting of the Board at which the chairperson is absent, exercise or perform any powers, functions or duties pertaining to the office of chairperson.

(7) An appointed director or alternate director whose term of office has expired, shall be eligible for re-appointment.

(8) Notwithstanding the provisions of this section, a person shall be disqualified from being appointed or remaining as an appointed director of the Board if—

(b) he or she is subject to an order of a competent court declaring him or her to be of unsound mind or mentally disordered or defective; or

(d) if he or she is not resident in the Republic of South Africa.

(9) An appointed director or alternate director of the Board shall vacate his or her office if—

(a) he or she is found guilty of misconduct;

(b) he or she is unfit for the duties of his or her office;

(c) he or she becomes subject to a permanent infirmity or mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(d) he or she becomes subject to any disqualification referred to in subsection (8);

(e) he or she is absent from three consecutive ordinary meetings of the Board without its permission:

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Provided that this subsection shall be exercised with due observance of established Labour Law principles.

(10) The office of a director shall be deemed to have been vacated—

(a) upon the death of such director; or

(b) upon the expiration of his or her period of office; or

(c) upon receipt by the Board of his or her resignation as a director: Provided that he or she shall have given 30 days’ notice, in writing, to the Board of his or her intention to resign; or

(d) if he or she is directly or indirectly concerned in any contract with the Council or shares in the profits of any contract with the Council: Provided that he or she shall not vacate his or her office if he or she has informed the Board of the nature and extent of his or her interest in such contract and he or she does not vote in respect of such contract or any matter arising therefrom.

(11) Where the office of any appointed director or alternate director becomes vacant, whether by virtue of his or her death or removal or resignation from office, the vacancy shall be filled as soon as may be reasonably practicable, by a suitable person appointed for that purpose by the responsible Member mutatis mutandis in accordance with the provisions of subsection (3) and the member so appointed shall hold office for the unexpired period of his or her predecessor’s term of office.

4. Chairperson and vice-chairperson of Board.—(1) The responsible Member shall from the number of appointed members of the Board, designate a chairperson for the Board.

(2) The responsible Member shall from the number of appointed members of the Board, designate a vice-chairperson.

(3) The chairperson of the Board shall, subject to the provisions of this section, preside at the meetings of the Board.

(4) The vice-chairperson of the Board shall preside at the meeting of the Board and exercise and perform all the powers, functions and duties of the chairperson of the Board whenever the office of chairperson is vacant or the chairperson is absent or suspended or incapacitated or refuses or fails to act, or is subject to the provisions of section 10, and whenever the offices of both chairperson and vice-chairperson are vacant or both the chairperson and vice-chairperson are absent, incapacitated or refuse or fail to act, or they are both subject to the said provisions, the remaining directors shall from the number of the appointed directors designate a person to preside at the particular meeting or meetings of the Board and to exercise and perform all the powers, functions and duties of the chairperson, for as long as any such vacancy exists, or any of the aforementioned circumstances subsist.

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5. Acts, resolutions and proceedings of Board not invalidated in certain circumstances.—Subject to the provisions of section 7 (1) and (2) and section 10, the acts, decisions, and proceedings of the Board shall not be rendered invalid or unlawful by reason only of any vacancy occurring therein, as contemplated by section 3, or of any defect or irregularity in the appointment of a member or by reason of the disqualification of any member of the Board.

6. Meetings of Board and notice of meetings.—(1) The meetings of the Board shall be held on such dates and at such times and places as the Board may by resolution determine, but at least once every two months: Provided that the first meeting of a newly constituted Board shall be held on such date and at such time and place as the responsible Member may by written notice to all the members of the Board determine, which date shall not be later than twenty-one days (Saturdays, Sundays and public holidays excluded), after such constitution of the Board.

(3) Notice of meetings of the Board shall be given to all members thereof in such manner and form as the Board may from time to time determine.

(4) The chairperson or any other person who, in terms of section 4 (4) acts as chairperson, shall determine the procedure at the meeting over which he or she presides.

7. Quorum and decisions of Board, and voting powers of chairperson.—(1) At any meeting of the Board the quorum shall be a majority of the serving directors.

8. Procedure when Board unable to meet timeously in respect of urgent business.—Whenever any matter to be dealt with by the Board is of such a nature that it requires the immediate and urgent decision of the Board and the circumstances are such that it would not be possible for the Board to meet timeously, then all the relevant documentation and memoranda setting out fully the matter to be dealt with shall be submitted to each member of the Board for consideration, and any decision agreed upon by a simple majority of the total number of its members shall be regarded as the decision of the Board in regard to such matter.

(2) A decision contemplated by subsection (1) shall be ratified by the Board at its next ensuing meeting and shall be recorded in the minutes of that meeting.

9. Minutes of Board.—(1) The Board shall cause minutes to be prepared and kept of the proceedings of every meeting

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thereof and cause copies of the minutes to be circulated to all the directors of the Board, as well as to the responsible Member.

(2) Every minute prepared in terms of subsection (1), when signed at a subsequent meeting of the Board by the person presiding at such meeting, shall, in the absence of proof of error therein, be deemed to be a true and correct record of the proceedings which it purports to minute, and shall at any proceedings in terms of this Act or before a court of law or any tribunal or Commission of inquiry, constitute prima facie evidence of the proceedings of the Board and the matters it purports to minute.

(b) any intended or pending, legal arbitration or other proceedings to which the Board is or may become a party and in which any such director has, directly or indirectly, either by himself or herself or through his or her spouse, partner or business associate or through any other person related to him or her within the third degree of consanguinity or affinity, any interest, whether as a party, witness or legal representative or otherwise.

(b) such disclosure and the decision taken by such remaining members in relation to such determination, shall be recorded in the minutes of such meeting.

11. Managing Director of Council.—(1) The responsible Member shall appoint as Managing Director of the Council a person who—

(a) is suitable in view of his or her professional, technical, administrative, special or other qualifications, expertise or experience; and

(b) is not disqualified in terms of section 3 (8) from becoming a member of the Board,

and the Managing Director shall be, the accounting officer for the Council and, subject to the control of the Board, be the chief executive officer of the Council: Provided that the procedure followed by the responsible Member in the appointment of the Managing Director shall be in accordance with the principles of transparency and consultation.

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Member.

(3) The Managing Director shall not be present at any meeting of the Board nor be present in the room in which such meeting is held nor in any other way take part in the proceedings of the Board, in regard to any matter relating to the terms and conditions of service of, or the remuneration payable or to be paid to, or the appointment of the Managing Director, except in so far as he or she has been requested by the Board to furnish information or make representations in connection therewith.

(4) The Board may by resolution delegate any of its powers, functions or duties in terms of this Act to the Managing Director (excluding the power referred to in section 15), but shall not thereby be divested of any power or be relieved of any function or duty which it may have so delegated, and may revoke or amend any such delegation and amend or withdraw any decision of the Managing Director in terms of a delegation under this subsection.

(5) The Managing Director may on three months’ written notice tendered to the Board, resign from his or her office.

(6) The responsible Member may subject to the provisions of subsection (7) remove the Managing Director from office—

(a) on account of his or her misconduct;

(b) for unfitness for the duties of his or her office;

(c) on the ground of a permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly; or

(d) on the ground that he or she is or has become subject to a disqualification referred to in section 3 (8).

(7) (a) The responsible Member shall, if he or she is on reasonable grounds satisfied that there may exist sufficient cause for the removal of the Managing Director from office in terms of subsection (6), after affording the Managing Director the opportunity to address him or her in this regard, and bearing in mind the provisions of section 24 of the Constitution, constitute a committee to enquire into or investigate whether such sufficient cause does indeed exist for the removal of the Managing Director from office.

(b) The responsible Member may, whenever there is being undertaken any enquiry or investigation for the purpose of establishing whether or not there exists sufficient cause for the removal of the Managing Director from office in terms of subsection (6) as contemplated by subparagraph (a), suspend the Managing Director from his or her office pending the outcome of such an enquiry or investigation.

(8) Whenever the Managing Director is suspended in accordance with the provisions of subsection (7), he or she shall, in respect of the period of his or her suspension unless the responsible Member after consultation with the Board directs otherwise, not be entitled to any emoluments under this Act: Provided that—

(a) if the period of his or her suspension endures for longer than three months, the Council shall until such time as such suspension is terminated and the Managing Director is either removed from office under subsection (6) or restored to his or her office, pay to the Managing Director an amount equal to such portion of his or her basic salary as would have accrued to him or her in respect of the period in excess of such three-month period;

(b) if he or she is restored to his or her office, he or shall in respect of the period of his or her suspension, and in addition to any amount paid or payable to him or her under paragraph (a) of this proviso (if any), be paid all such emoluments as would have been payable to him or her under this Act had he or she not been so suspended.

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(2) The Managing Director may, with the approval of the Board and subject to the provisions of the by-laws made under section 15 (if any), remove any Deputy Managing Director from office for any cause specified in paragraph (a), (b), (c) or (d) of section 11 (6).

(3) A Deputy Managing Director may on two months’ written notice tendered to the Managing Director resign from his or her office.

13. Officers, employees and other staffof Council.—(1) The staff establishment of the Council shall consist of such posts as the Board in consultation with the responsible Member may from time to time determine.

(2) The Board may appoint such officers, employees and workmen, and engage the services of such experts or advisers in any profession, technique or science, for the Council as it may deem necessary in order to assist the Council in the due, proper and effective exercise, performance and execution of the powers, functions, duties, projects and affairs of the Council, subject to the directions of the responsible Member (if any), and may—

(a) determine the terms and conditions of service of such officers, employees and workmen;

(b) negotiate the purposes for and conditions subject to which the services of experts or advisers shall be engaged by the Council;

(3) (a) The provisions of this section shall not be construed so as to preclude the Board from procuring, by way of agreement with the government of the Province, the services of any officer of the Public Service on secondment to the Council in terms of the Public Service Act, 1994.

(b) Any officer of the Public Service seconded for service with the Council shall, in regard to the performance of his or her services with the Council, for all purposes in law be deemed to have been appointed under this section as an officer of the Council.

14. Powers of the Board.—The Board shall have the power—

(a) to co-operate or negotiate with any tribal, regional or local authority or other public authority or any body corporate or association of persons, whether within the Province or elsewhere, or with the government of the Province or any other Provincial Government or National Government or the Government of any other country or territory, and to promote co-operation or negotiations with or amongst any of such authorities or bodies corporate, associations and governments, in regard to any matter calculated to promote (whether directly or indirectly) the achievement of objects of the Council as contemplated in section 2 (2): Provided that the Council shall not engage in any such co- operation or negotiations with any foreign government or any of the aforesaid institutions of a foreign country or territory without the prior approval of the responsible Member;

(b) establish or assist in the establishment of advisory committees on all matters regarding tourism on a provincial, regional or local basis, and to co-ordinate the activities of, and give guidance and advice to, such committees, and to initiate and organise meetings, conferences for considering and dealing with matters falling within the purview of the objects, powers and functions of the Board;

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(e) to advertise and make known or otherwise promote the tourist attractions of the Province in any manner it deems fit;

(g) to produce and distribute, with or without charge, motion pictures, photographs or other pictorial material (including video material), and to sponsor, arrange or organise displays, broadcasts, telecasts, talks and public lectures, relating to the tourist industry within the Province;

(h) to engage jointly, or to otherwise co-operate, with any tribal, local or regional authority or other public authority or any person or association of persons, whether in the Province or elsewhere, or with the government of the Province or any other Provincial Government or the National government, in the production, promotion, organisation or distribution of all or any of the publicity material and communications referred to in paragraph (f) and (g);

(i) to maintain a grading and classification scheme in respect of accommodation establishments and other tourist related sectors;

(j) to apply its funds or moneys to the establishment of a reserve fund, or to invest any funds or moneys not immediately required for its affairs in any manner;

(k) for the performance of its activities to purchase, hire or lease or otherwise acquire land or buildings, to erect buildings on its land, to sell, let or otherwise dispose of or mortgage such land or buildings;

(l) to accept donations and to receive any moneys offered or due to it,

(m) to open banking accounts;

(n) to pay all expenses in connection with its establishment and administration;

(o) to purchase, hire, develop or hold or to subscribe to or otherwise acquire or take over movable property of any kind, including any shares, stocks, debentures and securities, or any interest in any business of or a mortgage over any property, and to let, sell or otherwise alienate it or pledge it or deal otherwise therewith;

(p) by legal process to cause any company, corporation or juristic person in which it has any share or interest, to be liquidated or placed under judicial management and may for that purpose itself be appointed as liquidator or judicial manager, and to petition a competent court to sequestrate the estate of any of its debtors;

(q) to act, where necessary, to protect its investments, or otherwise to act as director, manager, trustee, curator, executor or administrator of any business, estate, trust, company, juristic person or persons or to designate a person or persons to act for any such purpose on its behalf;

(r) to act as agent or representative in connection with any matter of whatsoever nature for or on behalf of a person in connection with all or any of its objects or itself to appoint agents or representatives in connection with any of its objects;

(s) to employ, remunerate, house, discharge or suspend officers and employees required for its operations and to indemnify such officers and employees or dependants of such officers or employees in respect of any harm, damage or loss suffered by them in the course of the execution of

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their duties;

(t) to provide or give pension and sick benefits to any of it officers and employees;

(u) to acquire land by purchase, lease or otherwise, for the purpose of erecting thereon dwelling houses for persons in its employ, erect such dwelling-houses and enter into agreements with such persons for the letting or sale of such dwelling houses to such persons;

(v) make loans available to employees of the Council for the purchase by them of vehicles and equipment to be used by them in the exercise and performance of their powers, functions and duties;

(w) incur expenditure in respect of official entertainment by the Board for the purposes of or in connection with advancing, promoting, or executing the affairs, operations and objects of the Council;

(x) insure the Council with any company or association against any loss, damage, risk, liability or accident whatsoever which it may suffer or incur: Provided that the maximum amount of the cover and benefits of any policy of insurance taken out by the Board in terms of this paragraph and the premiums or moneys payable in respect of such insurance, shall not exceed, the amounts as are from time to time approved by the responsible Member;

(y) subsidise, to such extent as may from time to time be determined by the responsible Member any contributions due by its officers and employees under any group medical scheme arranged or approved by the Board;

(z) take out an insurance policy with any insurer providing insurance cover for the members of the Board, and for the staff of the Council, in respect of injury, disablement or death which may occur or may be sustained by them in the exercise or performance of their powers, functions or duties as such members, officers or employees;

(aa) establish or arrange, and administer and control, for the benefit of its officers and employees and, where appropriate, their dependants, a group insurance scheme, and a medical aid fund or scheme;

(bb) subject to the approval of the responsible Member grant loans to its officers and employees to purchase any land or premises for their residential purposes and for the purposes of constructing a dwelling on such land, or to guarantee the repayment of any loan taken up from elsewhere by such officer or employees for any such purpose or for the purpose of effecting any improvement to their residential premises;

(cc) train or provide or arrange training facilities for the officers and employees of the Council and all other persons employed or engaged in connection with the business and operations of the Council, and bear the study costs of officers or employees studying at any university or technical or other educational institution (wherever situated) which is approved by the responsible Member, and may grant bursaries or study loan to any person for the purpose of research, study or further study in any field covered by the business or operations of the Council, at any such university or technical or educational institution; and

(dd) to exercise any other power which the responsible Member may consider necessary for the attainment of its object and which the responsible Member may confer upon it by notice in the Provincial Gazette,

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15. By-laws of Council.—The Board may, with the prior approval of the responsible Member, by notice in the Provincial Gazette, make by-laws not inconsistent with the provisions of this Act in relation to the following matters—

(a) the proceedings and business of the Council;

(b) the duties of officers, employees and other persons in its employment, including delegation of the powers of appointment and dismissal to any particular officer; and

(c) the scales of salaries, wages or other remuneration of persons in its employment, and the contributions to be paid by the Council towards any pension or superannuation fund established by it;

(d) any staff matter provided for in section 27.

16. Board in consultation with responsible Member may establish and maintain grading and classification scheme in respect of accommodation establishments.—(1) The Board in consultation with the responsible Member may by notice in the Provincial Gazette, with a view to the maintenance or enhancement of standards and quality of facilities and services rendered or made available by persons conducting accommodation establishments, establish a grading and classification scheme in respect of accommodation establishments, in the Province.

(2) In the event of the existence of a national grading and classification scheme such a scheme shall be adopted for implementation in the Province for purposes of maintaining a uniformity of service standards in the country. The implementation and control of such a scheme shall be vested with the Board.

(3) The Board in consultation with the responsible Member may, if it is necessary for the proper conduct or continuation of an effective grading and classification scheme, or to keep abreast with developments in the tourism industry from time to time consult with the national body or committee tasked with such responsibilities, for purposes of recommending the amendments of the provisions of such establishments.

(4) The acquisition, continuation and termination of membership of such a scheme shall be governed by the provisions of such establishments.

(5) The Board shall in respect of any accommodation establishment classified and graded in terms of a scheme referred to in subsection (1) grant authority to the person conducting the establishment to use and display in respect of that establishment the prescribed insignia, which shall include a depiction or depictions of a star or number of stars, or any other symbol as may have been designated and authorized by the national body or committee mandated to do so, which indicate the grading awarded in respect of that establishment in terms of the scheme.

(6) The Board shall keep a record of all persons conducting accommodation establishments and who are members of a grading and classification scheme, and of all establishments graded and classified in terms of such a scheme.

(7) In order to ensure compliance and effectiveness of the scheme, as well as to render appropriate services to the subscribers, the Board shall have in its employment, qualified inspectors/advisors who will subscribe on matters of interest.

(8) The Board will, subject to agreements entered into bilaterally and otherwise with all designated bodies controlling the scheme, allow for the periodic audit of the scheme in the Province by the national body or committee mandated to do so in order to ensure compliance and uniformity in its application.

17. Board in consultation with responsible Member may establish schemes in respect of certain prescribed sectors of tourism industry.—(1) The Board in consultation with the responsible Member may in respect of any prescribed sector of the tourism industry, other than accommodation establishment and after consultation with persons who are active in such sector, establish schemes with a view to the maintenance or enhancement of the standards of services or facilities rendered or made available by persons who are active in that sector.

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(2) The provisions of section 15 (2), (3) and (4) shall mutatis mutandis apply in respect of services and facilities rendered or made available by persons who are active in that sector.

(3) If the Board in concurrence with the responsible Member intends to establish a scheme in terms of subsection (2) for any sector which involves the functions assigned to another Member of the Executive Council in terms of any law, such scheme shall be established with the concurrence of such other Member of the Executive Council.

18. Registration of tourist guides, classes of tourist guides, and disqualifications and qualifications of tourist guide.— (1) The Board shall designate an employee of the Council as Registrar of Tourist Guides in the North-West, who shall exercise such powers, perform such functions and carry out such duties as may be conferred upon, assigned to or imposed upon him or her in terms of this Act.

(2) The registrar shall keep a register of tourist guides and shall record in such register the prescribed particulars with regard to tourist guides.

(3) The Board shall for the purposes of this Act determine the different classes of the tourist guides, or adopt such categories of tourist guides as per the guidance of the national body, or committee mandated, for purposes of uniformity in the country.

(4) No person shall be registered as a tourist guide in terms of this Act unless he or she, when he or she appears as required by section 18 (3), shows that he or she has the required knowledge of the matters specified in subsection (5).

(5) The knowledge contemplated in subsection (4) shall relate to the history, geography, fauna, flora, climate, availability of medical and emergency services, background and culture of the different peoples, infrastructure of the tourism industry and the economic circumstances in and of the geographical area in question.

(6) In order to be registered as a specialist tourist guide in respect of any area or matter the person applying for such registration shall possess specialized knowledge, to the satisfaction of the registrar, of the area or matter to which the application relates.

19. Procedure relating to registration of tourist guides.—(1) Any person who wishes to be registered as a tourist guide shall in the prescribed manner apply to the registrar, and such application shall be accompanied by the prescribed registration fee.

(2) Upon receipt of such an application and registration fee the registrar may request the applicant to furnish such additional particulars and information as he or she may deem necessary in order to consider the application properly.

(3) An applicant referred to in subsection (1), shall upon the request of the registrar appear before him or her in person and shall furnish such additional particulars and information as may be required by the registrar in order to enable the registrar to decide whether the application should be granted.

(4) If the registrar after he or she has considered the information and particulars contemplated in subsections (2) and (3) is satisfied that the applicant complies with the prescribed requirements for registration as a tourist guide falling within any class determined under this Act, he or she shall register the applicant as a tourist guide.

(5) When the registrar registers any person as a tourist guide, he or she shall issue to him or her a registration certificate and a badge, which shall be in the prescribed form.

(6) (a) A registration as tourist guide shall be valid for a period of one year, reckoned from the date of issue of the registration certificate.

(b) Any person registered as a tourist guide shall before the end of the period for which he or she has been registered, indicate to the registrar whether he or she wishes to be registered as a tourist guide in respect of the next ensuing period of one year, and if he or she indicates that he or she wishes to be so registered he or she shall upon the payment of the prescribed fee be reregistered.

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(7) (a) If a tourist guide has in the opinion of the registrar failed to comply with any condition subject to which he or she has been thus registered, or if in the opinion of the registrar it is not in the public interest that a tourist guide should continue to be so registered, the registrar may by notice sent by registered post, direct that tourist guide to advance within a period specified in the notice, of not fewer than thirty days from the date of the notice, reasons why his or her registration as a tourist guide should not be withdrawn.

(b) The registrar may by notice sent by registered post suspend the registration as such of the tourist guide concerned, pending the decision of the registrar under paragraph (a).

(8) Any person who considers himself or herself aggrieved by an decision or action of the registrar may appeal to the Board against the decision or action in question, and the Board may confirm, set aside or amend the decision or action.

(9) (a) No person who has not been registered as a tourist guide or whose registration as a tourist guide has been suspended shall for reward, whether monetary or otherwise, act as a tourist guide.

(b) A person who has been registered as a tourist guide in respect of a particular class referred to in subsection (4) may act as a tourist guide only in respect of the area or matters determined in respect of that class, as have been set out in the registration certificate issued to that person.

20. Financing of Council, and guarantees in respect of certain loans to it.—(1) The Council shall be financed and be provided with working capital out of—

(a) such moneys as may from time to time be appropriated to the Council by the Provincial Legislature, together with such monies which, upon the commencement of this Act, may from public funds be allocated to the Council by the responsible Member, which he or she is hereby authorised to do which contributions shall be regarded as constituting share-capital held by the Provincial Government;

(b) loans granted to the Council by the Provincial Government of the Republic on such terms and conditions as the responsible Member in concurrence with the Member of the Executive Council responsible for Finance and Provincial Expenditure may from time to time determine in accordance with the provision of the North West Exchequer Act, 1994;

(d) loans negotiated by the Council with other states, or with international bodies, agencies, institutions or financiers;

(e) all fees, charges and monies payable to the Council in respect of services rendered or supplied by the Council;

(f) the proceeds derived by the Council from the realisation of any of its assets or property;

(g) rent or other moneys payable to the Council by its officers, employees and workmen in respect of housing or accommodation provided by the Council, as contemplated by section 14;

(h) interest payable to the Council by its officers, employees and workmen in respect of the outstanding balances on loans granted to them by the Council in terms of section 14;

(i) interest derived from the investment of monies by the Council in terms of section 23;

(j) donations and bequests made to the Council and accept by it;

(k) the proceeds of any sale in terms of section 14;

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(l) levies charge on any tourism related to establishment or undertaking.

(2) No loan or overdraft referred to in subsection 1 (c) or (d) shall be raised or obtained from a foreign country without the prior written consent of the Member of the Executive Council responsible for Finance and Provincial Expenditure.

(3) The Member of the Executive Council responsible for Finance and Provincial Expenditure may, on behalf of the Provincial Government and, upon such terms and conditions as he or she deems fit and subject to the provisions of the North West Provincial Exchequer Act, 1994 (Act 4 of 1994) guarantee the repayment of the capital of, and the payment of the interest on and any charges incurred in connection with, any loan raised or negotiated by the Council in terms of subsection (1).

(4) Any agreement entered into in pursuance of the provisions of subsection (3), may be signed on behalf of the Provincial Government by the Member of the Executive Council responsible for Finance and Provincial Expenditure or any person authorised thereto in writing by the Member of the Executive Council responsible for Finance and Provincial Expenditure.

21. Banking account of Council.—(1) The Council shall open and maintain with a commercial or other bank or other financial institution registered in the Republic, an account to be known as the North-West Tourism Council Current Account in which shall be deposited, subject to the provisions of section 23, all monies and income of the Council under this Act and from which all payments by or on behalf of the Council shall be effected.

(2) All cheques and other negotiable instruments drawn on the Council shall be signed by the Managing Director, and any one other member of the Board or one officer of the Council specifically authorised by the Board for that purpose, or by any two other members of the Board so authorised, or by any two officers so authorised.

22. Revenue account of Council.—(1) The Council shall have a revenue account for each financial year and shall credit such account with such monies, contemplated by section 20, as constitute its income for such year and debit such account with all monies expended or owing by it during such year in the performance of its functions, the everyday administration of its affairs and the normal course of its business and operations in terms of this Act, and shall, in so doing, make proper provision for—

(a) the depreciation or diminution in value of its assets;

(b) the payment of interest and other charges in respect of loans or any overdraft raised, obtained or negotiated by it in terms of section 17 (1) (c) or (d);

(c) the redemption by the Council of loans to it or of overdrafts at a bank or financial institution referred to in section 20 (1) (c).

(2) Whenever at the end of any financial year there is in the revenue account—

(a) a surplus of income over expenditure surplus it shall be carried forward as a credit balance in the revenue account for the next ensuing financial year;

(b) a deficit in that expenditure of the Council exceeds its income, the deficit existing in the revenue account for such financial year shall be carried forward as a debit balance in the revenue account for the next ensuing financial year.

(4) The monies paid out by the responsible Member in terms of subsection (3) shall for all purposes in law be regarded as a loan made to the Council by the Provincial Government on such terms and conditions and repayable by the Council over such period, as the responsible Member in concurrence with the Member of the Executive Council responsible for Finance

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and Provincial Expenditure may in writing determine.

(5) For the purposes of subsection (2)—

(a) the word "income" includes a credit balance in the revenue account; and

(b) the word "expenditure" includes a debit balance in the revenue account,

brought forward from the revenue account for the preceding financial year.

23. Standards to be observed by Council in relation to conduct of its business and financial affairs.—The Council shall, in the performance of its functions and the conduct of its business, undertakings, and affairs, at all times—

(a) act in such manner, as in its opinion, will best serve to promote and attain its objects as contemplated by section 2;

(b) strive to ensure that the expenditure incurred by it and/or charged to the revenue account in respect of any financial year does not exceed the income of the Council for such year,

and shall at all times conduct its business and undertakings in accordance with generally accepted economic and commercial principles.

(2) The responsible Member may, after consultation with the Board in writing issue to the Council such general directions in regard to the exercise and performance by the Council of its powers, functions and duties under or by virtue of this Act, as the responsible Member considers to be in the interests of the people of the Province.

(3) The Council shall, in the exercise and performance of the powers, functions and duties referred to in subsection (2), comply with all such directions issued in terms of that subsection as may be relevant and appropriate in the circumstances of every particular case.

24. Investment of moneys.—The moneys constituting the funds of the Council in terms of section 20 and which are not immediately required to meet the current expenditure of the Council may be invested at any bank or other financial institution approved by the Board.

25. Financial accountability of Council, and provisions relating to audit and annual report.—(1) The Board shall subject to the provisions of subsection (5), in respect of every financial year, cause proper books and records of account to be kept in accordance with established accounting practice, principles and procedure of—

(a) all the monies received by the Council within the contemplation of section 20;

(b) all monies deposited in or payments made from the account contemplated by section 21;

(d) all movable and immovable property and other assets held by the Council, and every loan raised or overdraft obtained by or for the council and the capital amount outstanding on each such loan or overdraft;

(e) all costs incurred or monies expended or owing by the Council in connection with the exercise and performance of its powers, functions and duties under this Act;

(f) the interest paid or payable by the Council in respect of every loan or overdraft referred to in paragraph (d); and

(g) the interest received or accrued on monies invested or deposited in terms of section 24,

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and the Board shall, within three months as from the end of each financial year, or such longer period as the head of the Provincial Department for Finance may allow, submit the said books and records of account together with the financial statements of the Council in respect of such year, comprising an income and expenditure statement and a balance sheet, to be audited in accordance with the provisions of subsection (2).

(3) The chairperson of the Board shall as soon as may be reasonably practicable after the end of each financial year, prepare a report in respect of such financial year in regard to the exercise and performance by the Council and the Board of the powers, functions and duties conferred and imposed by or in terms of this Act, and to the execution and attainment of the programmes, projects and priorities of the Council, and achievements of the Council for the purposes of ensuring the proper execution of this Act and attaining its objects.

(4) The Board shall, not later than thirty days after receipt of the auditor’s report referred to in subsection (2), submit a copy of the audited financial statements of the Council, together with such report and the report referred to in subsection (3), to the responsible Member—

(a) submit a copy to the Premier; and

(5) In the event of the Minister of Finance listing the Council as a public entity in terms of the Reporting by Public Entities Act, 1992 (Act 93 of 1992), the financial accountability of the Council shall be dealt with in accordance with the provisions of that Act.

26. Offices of Council, and execution of documents of Council.—(1) The Council shall have a head office and may open branch offices in other centres of the Province as and whenever it becomes necessary or expedient: Provided that, with the permission of the responsible Member and the Government of any other Province involved, the Council may establish offices in other Provinces in the Republic.

(2) Subject to the provisions of section 21 (2) and subsection (3) of this section, every contract, agreement, authority or approval and any other document or instrument, shall have been duly executed for or on behalf of the Council where it complies with the provisions of this Act in all other respects and has been signed by the chairperson of the Board, or if he or she is not available or where any resolution of the Board so requires, by any other director or officer generally or specifically authorised for that purpose by resolution of the Board.

27. Powers of responsible Member to ensure compliance with Act by Council.—(1) Whenever the responsible Member is satisfied that a failure to comply with the provisions of this Act has occurred—

(a) on the part of the chairperson of the Board or any other member of the Board or on the part of any person employed by the Council or acting on its behalf with the authority of the Board; or

(b) on the part of the Board,

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28. Duty of seller of travelling facilities to destinations in foreign countries.—Any person who in the course of his or her business sells facilities for a journey to any destination in a foreign country shall when selling such facilities offer in the manner prescribed to the buyer thereof his or her assistance in order to enable such buyer insurance which will be sufficient to enable the buyer to obtain alternative travelling facilities for his or her return journey to the Republic in any case where the person who in terms of the agreement in question is obliged to provide such facilities should fail or should for any reason be unable to do so.

29. Power of Board to inspect any accommodation establishment, if requested to do so.—The Board may at the request of any person who conducts or intends to conduct any accommodation establishment and upon payment of the prescribed fee inspect any accommodation establishment and may issue a document in the prescribed form stating that such establishment would have complied with any relevant provisions of a scheme referred to in section 16 (1) had such establishment been evaluated with reference to such provisions.

30. Regulations.—The responsible Member may, after consultation with the Board, make regulations not inconsistent with the provisions of this Act, in relation to—

(a) any matter which shall or may be prescribed in terms of this Act;

(b) any matter necessary to be prescribed for the purposes of the due and effective administration and execution of this Act and of ensuring that its objects are attained;

(c) any matter relating to the exercise and performance of the powers, functions and duties of the Council in terms of section 14;

(d) the keeping of registers, records and books of account by the Board;

(e) the official seal of the Board;

(g) in relation to the procedure to be followed and steps to be taken by the Board for the purpose of obtaining the responsible Members’ approval or consent in cases where the Board is required by this Act to obtain such approval or consent.

(2) A regulation made in terms of subsection (1) may provide a penalty, not exceeding one thousand rand, for a contravention thereof or failure to comply therewith.

(3) The regulations which, immediately prior to the date of commencement of this Act are in force in relation to any matter of a nature specified in subsection (1), shall as from such date be deemed be the regulations made in terms of that subsection until repealed or amended by the responsible Member in consultation with the Board.

31. Offences and penalties.—Any person who—

(a) professes to be a member of a grading and classification scheme referred to in section 16, or of a scheme referred to in section 17, while he or she is not such a member;

(b) uses in relation to any accommodation establishment conducted by him or her any depiction or depictions of a star or stars, unless he or she is a member of a scheme referred to in paragraph (a);

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(c) uses in relation to any accommodation establishment conducted by him or her an insignia depicting a number of stars which is greater than the number which he or she is authorised to depict in terms of such schemes;

(d) contravenes section 19 (9) (a);

(e) fails to render his or her assistance as required by section 28 to a buyer referred to in that section,

shall be guilty of an offence and liable on conviction to a fine of two thousand rand or to imprisonment for a period not exceeding six months.

32. Vesting and devolution of certain rights, obligations, duties etc. and transitional provisions.—(1) (a) As from the date of commencement of this Act all transactions, agreements, contracts, proceedings, matters, acts or things which, after the date of commencement of this Act but prior to the date of promulgation thereof in the Gazette, were concluded, brought, performed, or done in pursuit or furtherance of the objects of the Council or the carrying on of its business and operations in accordance with the provisions of a repealed law, shall be deemed to have been lawfully concluded, brought , performed or done in accordance with the provisions of this Act.

(b) The Board of Directors appointed in terms of a repealed law and in existence at the date of commencement of this Act, shall continue to be the Board of Directors of the Council until such time as the responsible Member appoints a Board of Directors in terms of section 3 of this Act, in which event the firstmentioned Board shall, notwithstanding any provision in any law to the contrary, be dissolved from the date of the appointment of the new Board.

(c) Any interim management structure which exists at the date of the coming into effect of this Act, shall be dissolved on the date of appointment of the new Board of Directors by the responsible Member and shall from that date onwards have no powers, duties or functions in relation to the Council.

(d) The Bophuthatswana Tourism Council transformed into the North-West Tourism Council in terms of the North-West Tourism Council Amendment Act, 1994 is hereby abolished.

(e) The Council shall for all purposes in law be the legal successor to all property and other assets (whether movable or immovable), rights interests, privileges, liabilities and obligations of the said Council referred to in paragraph (d) as at the date immediately preceeding abolition in terms of paragraph (d) of this section.

(f) All persons who, immediately prior to the commencement of this section, are officers and employees in the service of the Council referred to in paragraph (d) in accordance with the provisions of section 20 of the North-West Tourism Council Act, 1989 shall, notwithstanding the repeal of the said Act, be transferred to the service of the Council established in terms of this Act and thereupon shall for all purposes in law be deemed to be officers or employees (as the case may be) appointed in the service of the latter Council under section 13 of this Act.

(g) The terms and conditions of service regarding the tenure, remuneration, allowances, perquisites, leave, pension and any other financial benefits or any officer or employee transferred to the service of the Council under subsection (1), shall not be reduced or adversely affected by virtue of the provisions of that subsection, and—

(i) any period of service which, prior to the commencement of this section had been rendered by such an officer or employee whilst in the employ of the said Council referred to in paragraph (d), shall be deemed to have been rendered by him or her in his or her capacity as an officer or employee (as the case may be) of the Council established by section 2 (1) of this Act; and

(ii) any leave and any pension or other benefits of a financial nature, as at the date of the commencement of this section, which have accrued to him or her by virtue of service with the Council referred to in paragraph (d), shall be deemed to have accrued to him or her in his or her capacity as an officer or employee of the Council established by section 2 (1) of this Act by virtue of service with the latter Council.

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(2) Any reference in any law, register, license, notice, report, deed, contract, agreement or any other document, to the Bophuthatswana Tourism Council, however expressed shall, unless obviously inappropriate, be construed as a reference to the Council established by section 2 of this Act.

33. Repeal of laws.—The laws specified in the first two columns in the Schedule to this Act, are hereby repealed.

34. Short title and date of commencement.—This Act shall be called the North-West Tourism Council Act, 1995, and shall come into operation on a date to be determined by the responsible Member by notice in the Gazette (which date shall be retrospective).

Schedule

Number and year of law Short title Act 7 of 1989 Bophuthatswana Tourism Council Act, 1989 Act 44 of 1991 Bophuthatswana Tourism Council Amendment Act, 1991 Act 5 of 1992 Bophuthatswana Tourism Council Amendment Act, 1992 Act 13 of 1980 Hotels Act, 1980 Act 8 of 1989 Tour Guides Act, 1989 Act 4 of 1992 Tour Guides Amendment Act, 1992 Act 7 of 1994 North-West Tourism Council Amendment Act, 1994 Act 8 of 1994 North-West Hotels Amendment Act, 1994

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NORTH WEST AGRICULTURAL BANK AMENDMENT ACT

NO. 8 OF 1995

[ASSENTED TO 5 SEPTEMBER, 1995] [DATE OF COMMENCEMENT: 8 SEPTEMBER, 1995]

(English text signed by the Premier)

ACT

To amend the Agricultural Bank of Bophuthatswana Act, 1981; so as to change the name of that body to "North West Agricultural Bank" and with the view to giving effect to such change, to effect such amendment to that Act (including the short title) as may be necessary; to change the designation of "Minister" to "responsible Member"; in section 3 to extend the objects, powers, functions and duties of the Bank; in section 4 to change the composition of the Board; to dissolve the existing Board; in section 21 to require the Member of the Executive Council responsible for Finance and Provincial Expenditure to guarantee a loan subject to the provisions of section 30 of the North West Provincial Exchequer Act, 1994 read with section 157(3) of the Constitution of the Republic of South Africa, 1993; to insert a new section 45A providing for the extension of the application of this Act to the whole territory of North West; and to provide for incidental matters.

1. Amends the Long title of the North West Agricultural Bank Act, No. 14 of 1981.

2. Amends section 2 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) substitutes the definition "Bank", paragraph (b) deletes the definitions "Bophuthatswana" and "citizen", paragraph (c) inserts the definition "Constitution", paragraph (d) substitutes the definition "corporation", paragraph (e) substitutes the definition "farmer", paragraph (f) substitutes the definition "improvements", paragraph (g) deletes the definition "Minister", paragraph (h) inserts the definitions "Province" and "responsible Member", and paragraph (i) deletes the definition "Republic".

2. Substitutes section 3 of the North West Agricultural Bank Act, No. 14 of 1981.

3. Substitutes section 4 of the North West Agricultural Bank Act, No. 14 of 1981.

4. Substitutes section 5 of the North West Agricultural Bank Act, No. 14 of 1981.

5. Substitutes section 6 of the North West Agricultural Bank Act, No. 14 of 1981.

6. Substitutes section 7 of the North West Agricultural Bank Act, No. 14 of 1981.

7. Amends section 8 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) substitutes paragraphs (b) and (c), paragraph (b) amends paragraph (d) and paragraph (c) substitutes subsection (2).

8. Amends section 19 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) amends subsection (1), paragraph (b) substitutes subsection (2) and paragraph (c) amends subsection (3).

9. Amends section 20 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) amends paragraphs (a) and (b) and paragraph (b) amends section 20.

10. Amends section 21 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) substitutes subsection (1) and paragraph (b) substitutes subsections (6) and (7).

11. Amends section 22 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) substitutes

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subsection (1) (a), paragraph (b) (i) substitutes subsection (2) (a), paragraph (b) (ii) amends subsection (2) (c) and paragraph (b) (iii) substitutes subsection (2) (h).

12. Amends section 45 of the North West Agricultural Bank Act, No. 14 of 1981 as follows:– paragraph (a) substitutes subsection (1), paragraph (b) amends subsection (3) and paragraph (c) amends subsection (4).

13. Amends the North West Agricultural Bank Act, No. 14 of 1981 by adding section 45A.

14. Substitutes section 47 of the North West Agricultural Bank Act, No. 14 of 1981.

15. Amends the North West Agricultural Bank Act, No. 14 of 1981 by generally substituting the terms "Republic", "Gazette", "chairman", "vice-chairman", "Bophuthatswana", "he", "his", "him", "himself", "Parliament" or "National Assembly", "State President" or "President" or "Minister" and "farmer" for the terms Province, Provincial Gazette, "chairperson", "vice-chairperson", "North West", "he or she", "his or her", "him or her", "himself or herself, "Provincial legislature", "responsible member" and "farmer or client", respectively.

16. Short title.—This Act shall be called the North West Agricultural Bank Amendment Act, 1995.

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NORTH-WEST BROADCASTING CORPORATION ACT

NO. 9 OF 1995

[ASSENTED TO 5 SEPTEMBER, 1995] [DATE OF COMMENCEMENT: 8 SEPTEMBER, 1995]

(English text signed by the Premier)

ACT

To provide for the repeal of the Bophuthatswana Broadcasting Corporation Act, 1989; and for the continuance of the Bophuthatswana Broadcasting Corporation despite the repeal of that Act, as a Corporation in terms of this Act for the purpose of operating and carrying on broadcasting services within the ambit of its licence; to define the further objects of that Corporation and its functions, operations, and business in pursuit of its objects; to determine the funding and financing of that Corporation and define its financial responsibilities; to provide for the management, control and representation of that Corporation by a Board of Directors and to define the powers, functions and duties of that Board; and to provide for incidental matters.

1. Definitions.—In this Act, unless inconsistent with the context —

"Authority" means the Independent Broadcasting Authority established by section 3 of the Independent Broadcasting Authority Act, 1993 (Act 153 of 1993);

"Board" means the Board of Directors of the Corporation contemplated by section 4;

"broadcasting" means any form of uni-directional telecommunication and interactive electronic data interchange intended for the public or sections of the public or subscribers to any broadcasting service having appropriate receiving facilities, whether carried out by means of radio, television or any other means of telecommunication or any combination of the aforementioned, and "broadcast" shall be construed accordingly;

"broadcasting licence" means a licence granted and issued by the Authority in terms of the Independent Broadcasting Act, 1993, or deemed by that Act to have been so granted and issued;

"broadcasting service" means a single defined service which consists of the broadcasting of television or sound material to the public or sections of the public or to the subscribers of such service;

"chairperson" means the chairperson of the Board appointed in terms of section 4 (1) and includes any person acting as chairperson in accordance with the provisions of this Act;

"community" includes a geographically founded community or any group of persons or sector of the public having a specific ascertainable common interest;

"company" means any company and any external company, as defined in section 1 (1) of the Companies Act, 1973 (61 of 1973), and includes any close corporation as defined in section 1 of the Close Corporations Act, 1984 (69 of 1984) as well as any company and external company as defined in section 1 (1) of the Bophuthatswana Companies Act, 1973 (Act 61 of 1973);

"Constitution" means the Constitution of the Republic of South Africa Act, 1993 (Act 200 of 1993);

"deputy chairperson" means the deputy chairperson of the Board appointed in terms of section 4 (1);

"Deputy Executive Officer" means the Deputy Executive Office of the Corporation appointed in terms of section

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20 (1);

"director" means any person who is a member of the Board;

"Chief Executive Officer" means the Chief Executive Officer of the Corporation appointed in terms of section 19 (1);

"Executive Council" means the executive council of the Province contemplated by section 149 of the Constitution;

"financial year" means the financial year of the Corporation commencing on the 1st day of April in any year and ending on the 31st day of March, first following, both days inclusive: Provided that the first financial year shall commence on the date of commencement of this Act;

"licence" means any radio listeners licence or television licence or other type of licences contemplated by paragraph (l) and (m) of section 29 (1);

"licensee" means the holder of any licence granted and issued under this Act or deemed by this Act to have been so granted or issued or a holder of any licence referred to in paragraph (l) and (m) of section 29 (1);

"Province" means the Province of the North-West as contemplated by section 124 (1) of the Constitution;

"public broadcasting service" means any broadcasting service provided by the Corporation in accordance with the provisions of this Act;

"radio broadcasting service" means the broadcasting service destined to be received by a sound radio set;

"Republic" means the Republic of South Africa;

"responsible Member" means the member of the Executive Council responsible for Public Media, Broadcasting and Information Services;

"statutory corporation" means any corporation which, by or in terms of any law of force in the Province, has been established or exists in the Province;

"telecommunications" means any system or method of conveying signs, signals, sounds, communications or other information by means of electricity, magnetism, electromagnetic waves or any agency of a like nature whether with or without the aid of tangible conductors, from one point to another, and "telecommunication" shall be construed accordingly;

"television broadcasting service" means a broadcasting service consisting in the sending of visual images or other visible signals whether with or without accompanying sounds, where the visual images are such that sequences of them are seen as moving pictures;

"the Council" means the Broadcasting Advisory Council established by section 18;

"the Corporation" means the Bophuthatswana Broadcasting Corporation contemplated by section 2; and

"this Act" includes any regulations made from time to time.

2. Continued Existence of the Corporation.—(1) (a) The Bophuthatswana Broadcasting Corporation established in terms of the Bophuthatswana Broadcasting Corporation Act, 1989 (Act 30 of 1989), shall, notwithstanding the repeal of that Act by this Act, continue to exist and operate under the name of Bophuthatswana Broadcasting Corporation and shall be deemed to have been established under this Act: Provided that the responsible Member may, after consultation with the Board, by notice in the Provincial Gazette, effect a change to the name of the Corporation (which he or she is hereby empowered to do).

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(b) Without derogating from the generality of paragraph (a), the Corporation, for the purposes of the proper exercise and performance of its powers, functions and duties in terms of this Act shall be capable in law of suing and being sued, of purchasing or otherwise acquiring and holding and alienating or otherwise disposing of movable or immovable property or any other legal right or other right or interest, of entering into contracts and concluding agreements, and generally performing such other acts and doing such other things as juristic persons may by law perform and do, subject to the provisions of this Act.

(2) From and after the commencement of this Act and subject to the provisions thereof, the Corporation shall be controlled and represented by the Board of Directors as hereinafter provided and all acts of that Board shall be deemed to be acts of the Corporation.

(3) The Corporation shall function independently from any sectarian or political or other interests, bias or interference and shall, except in so far as provided for by this Act, be separate from the State, the national and provincial governments or any political party, or from any other functionary or body directly or indirectly representing the interest of the State, the national and provincial governments or any political party.

3. Objects of the Corporation.—(1) The objects of the Corporation shall be—

(a) to establish, promote, operate and continue to provide a diverse range of radio and television broadcasting services on a national and regional and local level which, when viewed collectively, cater for all groups irrespective of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language and provide information, education and entertainment and, to that end, to continue the operation and carrying on of all such radio and television broadcasting services as, immediately prior to the commencement of this Act, were, in terms of the Bophuthatswana Broadcasting Act, 1989 (Act 30 of 1989), being operated and carried on by the Corporation;

(b) subject to the provisions of this Act,

(i) to broadcast programmes for reception in any provincial territory within the Republic or any foreign country or territory;

(ii) to broadcast programmes intended for the public or sections of the public or subscribers to any broadcasting service: Provided that, in the conduct of the Corporation’s broadcasting operations in pursuit of the objects stated in Sub Section, the Corporation shall ensure that its broadcast includes:

(aa) in relation to radio and television broadcasting services due regard to the allocation of broadcasting time to programmes which have a local content and;

(bb) in relation to radio broadcasting service a specified minimum percentage of musical and dramatic works which qualify as South African music and drama, which minimum percentage shall be determined by the Board, in consultation with the Broadcasting Advisory Council.

(c) provide a premier public broadcasting service in the Republic and the continent through shared understanding and experience of broadcasting; and

(d) contribute to the reconstruction and development programme by providing an essential service through public broadcast.

(2) Subject to the provisions of this Act, all policy matters as well as guidelines, communication strategies and marketing objectives pertaining to the broadcasting services of the Corporation and the attainment of its objects envisaged by the aforegoing subsections, shall be determined and formulated by the Board, in consultation with the Council: Provided that such policy matters, guidelines, communication strategies and marketing objectives shall not be inconsistent with the

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provisions of the Independent Broadcasting Authority Act, 1993.

(3) The Corporation may not by virtue of the provisions of this Act perform any act or do anything for which a licence is required in terms of the provisions of the Independent Broadcasting Authority Act, 1993, unless it has obtained the licence in question and complies with the condition thereof or is deemed by virtue of the said Act, to have obtained such a licence.

4. Constitution of the Board of Directors of the Corporation, Appointment and Termination of Appointments of Directors of the Board and Remuneration, etc., of Directors of the Board.—(1) Subject to the provisions of this Act, the Corporation shall be managed, controlled and represented by a Board of Directors constituted in terms of this section, and all acts of that Board shall in law be regarded as the acts of the Corporation.

(2) The Board of Directors shall consist of—

(a) the following directors appointed by the responsible member, namely—

(i) a chairperson and a vice-chairperson; and

(ii) not less than eight and not more than twenty-four additional directors who, in the opinion of the responsible Member are representative of the broad cross-section of the population and are suitable by virtue of—

(aa) their qualifications, expertise and experience in the fields of, inter alia, broadcasting policy and technology, media law, frequency planning, business practice and finance, marketing, journalism, entertainment and education;

(bb) their commitment to fairness, freedom of expression, the right of the public to be informed, openness and transparency and accountability as officers of the Corporation;

(cc) their independence and impartiality in the due performance of their functions and duties as officers of the Corporation; and

(dd) their commitment to the objectives and principles of the Constitution and the broadcasting policy determined in the public interests by the Authority; and

(b) the Chief Executive Officer who shall be a director ex officio.

(2) The directors with the exception of those in the employment of the Corporation, shall be appointed by the responsible Member on such terms and conditions and for such period (not exceeding five years) as the responsible Member may in respect of each such director determine and cause to be specified in such director’s letter of appointment: Provided that such appointments shall be according to the following principles, namely—

(a) participation by the public of the Province in the nomination process which shall be determined by the responsible Member by notice in two national daily newspapers and two Sunday newspapers;

(b) transparency and openness;

(c) the publication in the Gazette of a short list of candidates for the appointment taking into account the objects of the Corporation in section 3 of this Act.

(3) Subject to the provisions of subsection (1), the responsible Member shall, when making the appointments referred to in subsection (2), have due regard to the promotion and protection of the interest of disadvantaged persons.

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(4) Any director whose term of office has expired, shall be eligible for re-appointment.

(5) The directors (with the exception of those already in the employment of the Corporation) shall be paid such remuneration and allowances and be entitled to such perquisites, benefits and privileges, as the responsible Member in consultation with the Member of the Executive Council responsible for Finance and Provincial Expenditure may from time to time determine.

5. Disqualification for Membership.—A person shall be disqualified from being appointed or remaining a director of the Board—

(a) if he or she is subject to a final order of court whereby his or her estate is sequestrated under the Insolvency Act 1936 (Act 24 of 1936), or if his or her estate is sequestrated in terms of the laws of any other country or territory by a competent court or authority of such a country or territory, or if he or she has assigned his or her estate for the benefit of his or her creditors;

(b) if he or she is subject to an order of a competent court declaring him or her to be of unsound mind or mentally disordered or defective;

(c) if he or she has been convicted of any offence for which he or she was sentenced to imprisonment without the option of fine for a period of not less than six months, irrespective of whether such imprisonment was wholly or partly suspended or not, unless he or she has received a grant of amnesty or a free pardon, or unless the period of such imprisonment or suspension has expired at least ten years before the date of his or her appointment as such a director of the Board; and

(d) if he or she—

(a) is nominated as a candidate for election as a member of the National Assembly or any Provincial Legislature; or

(b) is nominated as a Senator; or

(d) is a Minister or Deputy-Minister of State; or

(e) is nominated as a candidate for the Independent Broadcasting Authority or Independent Media Commission or is a member of such Authority or Commission;

(f) is a member or employee of any other broadcasting service or the Authority or Commission referred to in sub-paragraph (e) of this subsection.

6. Removal and Resignation from Office.—(1) Notwithstanding the provisions of section 4, the term of office of any director may, before the expiration thereof, be terminated by the responsible Member, whereupon such director shall be removed from office—

(a) on account of his or her misconduct;

(b) on account of unfitness for the duties of his or her office;

(c) on the ground of permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(d) if he or she has become disqualified in terms of section 5;

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(e) if in the opinion of the responsible Member, there are good and sufficient reasons for doing so.

(2) Any director of the Board may at any time resign from the Board upon one month’s written notice tendered to the responsible Member.

7. Suspension of Director of the Board Pending Enquiry or Investigation.—(1) The responsible Member may, whenever there is being undertaken any enquiry or investigation for the purpose of establishing whether or not there exists sufficient cause for the removal of a member from office in terms of section 6 (a) to (e) inclusive, suspend such member from his or her office pending the outcome of such an enquiry or investigation.

(2) Wherever a member is suspended in accordance with the provisions of subsection (1), he or she shall in respect of the period of his or her suspension not be entitled to any emoluments under this Act: Provided that—

(a) if the period of his or her suspension endures for longer than three months, the Board shall until such time as such suspension is terminated and the member is either removed from office under subsection (1), or restored to his or her office, as the case may be, pay to the member an amount equal to such portion of his or her basic salary as will have accrued to him or her in respect of the period in excess of such three-month period;

(b) if he or she is restored to his or her office, he or she shall, in respect of the period of his or her suspension, and in addition to any amount paid or payable to him or her under paragraph (a) of this provision (if any), be paid all such emoluments as would have been payable to him or her under this Act had he or she not been so suspended.

8. Vacancies on the Board.—(1) There shall be a vacancy on the Board —

(a) when a director dies; or

(b) when a director’s resignation is accepted by the responsible Member; or

(d) if at the time of the member’s appointment, he or she was disqualified in terms of section 5 or he or she becomes so disqualified after his or her appointment; or

(e) if a director is absent from three or more consecutive meetings of the Board without its prior consent or subsequent explanation.

(2) Any vacancy on the Board occurring in terms of subsection (1) shall be filled by the appointment of another director by the responsible Member in terms of this Act as soon as may be reasonably practicable after the occurrence of such vacancy and any director so appointed shall remain in office with the unexpired portion of his or her predecessor’s term of office.

9. Chairpersonship.—(1) The chairperson of the Board shall, subject to the provisions of this section, preside at the meeting of the Board.

(2) The deputy chairperson of the Board shall preside at the meetings of the Board and exercise and perform the powers, functions and duties of the chairperson whenever the office of the chairperson is vacant or the chairperson is absent or suspended or incapacitated or refuses or fails to act and whenever the office of the chairperson and deputy chairperson are vacant or both the chairperson and deputy chairperson are absent or suspended or incapacitated or refuse or fail to act, the responsible Member shall appoint one of the remaining directors of the Board as deputy chairperson for the unexpired portion of his or her predecessor’s term of office or for such period as determined by the responsible Member which period shall not exceed the said unexpired period of the predecessor’s term of office.

(3) If the office of the deputy chairperson becomes vacant before the expiration of the period for which a deputy

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chairperson has been appointed, the responsible Member shall appoint one of the directors of the Board as deputy chairperson for the unexpired portion of the period of office of his or her successor or for such period as determined by the responsible Member which period shall not exceed the said unexpired portion of the predecessor’s term of office.

(4) Whenever it comes to the notice of the responsible Member that in consequence of the existence of vacancies in the Board or the absence, suspension or incapacity of its members or any refusal or failure to act contemplated by subsection (2), the number of remaining directors do not, pending the filling of such vacancies or the termination of any of the circumstances hereinbefore mentioned, form a quorum, the responsible Member shall appoint not less than such number of persons as are required to form such a quorum, but not more than such number of persons as are equal to the difference between the full compliment of the Board and the remaining members, to act as members of the Board during the period that such vacancies exist or such circumstances subsist, in order to enable the Board to exercise and perform its powers, functions and duties under this Act.

(5) Notwithstanding the provisions of subsection (2) and (3), the responsible Member may, if he or she deems it necessary, appoint any person to act as chairperson of the Board in the circumstances contemplated by subsection (2) for as long as such circumstances subsist.

10. Acts, Resolutions and Proceedings of the Board not Invalidated in Certain Circumstances.—The acts, decisions and proceedings of the Board shall not be rendered invalid or illegal by reason only of any vacancy occurring therein or due to any defect or irregularity in the appointment of a director or by reason of the disqualification of any director.

11. Meetings of the Board.—(1) All meetings of the Board shall subject to the provisions of subsection (3) be held on such dates and at such times as may be determined by resolution of the Board, but not less than ten times every year: Provided that the first meeting of a newly constituted Board shall be held at such time and such dates as the responsible Member may by written notice to all directors determine, which shall not be later than 21 days (Saturdays, Sundays and public holidays excluded) after such constitution of the Board.

(2) The chairperson may at any time call for an extraordinary meeting of the Board if in his or her opinion it is justified by the circumstances prevailing and shall, upon having been presented with a requisition for that purpose signed by at least two members of the Board, forthwith convene an extraordinary meeting of the Board, and if the chairperson fails to call for such an extraordinary meeting within seven days from such presentation, such two members may, on the expiration of such seven days, by written notice to all directors of the Board convene an extraordinary meeting which shall not be later than three days after the dispatch of such notice by means of telefax or telegram.

(3) Notwithstanding the provisions of this section, the responsible Member may at any time direct the chairperson to call an emergency meeting of the Board, if in the responsible Member’s opinion there are circumstances relating to the Corporation or broadcasting or any other matters incidental thereto which urgently need to be addressed by the Board.

(4) In the event of a request by the responsible Member in terms of subsection (3) the chairperson shall upon receipt of such request forthwith convene an emergency meeting of the Board within three days of receiving the said directive.

(5) The chairperson shall submit to the responsible Member a report of the deliberations of a meeting contemplated by subsection (4) within three days thereof or sooner.

(6) If the chairperson—

(a) fails to convene the emergency meeting as directed in subsection (3) then the responsible Member shall direct the Chief Executive Officer to convene the meeting within twenty-four hours of receiving the said directive and shall submit a written report to the responsible Member within twelve hours of the conclusion of the emergency meeting;

(b) fails to submit a report of the deliberations of the emergency meeting within the time period specified in subsection (5) the responsible Member shall direct the deputy chairperson or the Chief Executive Officer to submit a report within twenty-four hours of the conclusion of the emergency meeting.

12. Quorum and Decisions of Board.—(1) At any meeting of the Board the quorum shall be one third of the total number

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of members of the Board.

(2) The decision of the majority of members of the Board present at any meeting thereof, shall, subject to the provisions of subsection (1), constitute a decision, to be known as a resolution, of the Board: Provided that where the members of the Board present at any meeting thereof constitute a bare quorum, no decision or resolution adopted at such meeting shall be a decision or resolution of the Board and have any force or effect unless such decision or resolution is adopted unanimously by the members so present.

(3) In the event of an equality of votes in regard to any matter put to the vote, the chairperson of the Board or person acting as chairperson of the Board shall have a casting vote in addition to his or her deliberative vote.

13. Commercial and Other Interests of Directors of the Board in Matters Dealt with by the Board.—(1) No director of the Board shall be present at any meeting of the Board or any committee thereof, or be present in the room in which such meeting is held, or in any way whatsoever take part in the proceedings of the Board or such committee, during the discussion of a voting on—

(b) any intended or pending legal arbitration or other proceedings to which the Board is or may become a party and in which such member has, directly or indirectly either by himself or herself or through his or her spouse, partner or business associate or through any other person related to him or her within the third degree of consanguinity or affinity, interest, whether as a party, witness, legal representative or otherwise.

(2) If, at any stage during the course of any proceedings before the Board it appears that a director has or may have an interest which may in terms of subsection (1) preclude him or her from further participation in such proceedings—

(a) he or she shall forthwith and fully disclose the nature of such interest and leave the meeting so as to enable the remaining directors who are present at the meeting in question to discuss the matter and to determine whether such director is so precluded;

(b) such disclosure and the decision taken by such remaining directors in relation to such determination, shall be recorded in the minutes of such meeting.

(3) If any director of the Board fails to disclose any interest on his or her part, as required by subsection (2), when the Board turns to consider and deal with any matter affected by such interest, or if such director otherwise contravenes or fails to comply with the preceding provisions of this section, such proceedings of the Board shall be null and void and such director shall be guilty of an offence, unless it is proved that such director did not know that he or she had such an interest.

(4) The Chief Executive Officer shall not be present at any meeting of the Board nor be present in the room in which such meeting is held nor in any way take part in the proceedings of the Board, in regard to any matter relating to the terms and conditions of service of, or the remuneration payable or to be paid to or the appointment of a Chief Executive Officer except in so far as he or she has been requested by the Board to furnish information or make representations in connection therewith.

14. Minutes of the Board.—(1) The Chief Executive Officer of the Corporation shall prepare and keep the minutes of the proceedings of every meeting of the Board and cause copies thereof to be circulated to all members of the Board.

(2) Every minute prepared in terms of subsection (1), when signed at a subsequent meeting of the Board by the chairperson or the person acting as chairperson shall, in the absence of proof of error therein, be deemed to be the true and correct record of the proceedings which it purports to minute, and shall, at any arbitration proceedings or proceedings before a court of law or administrative tribunal, constitute prima facie evidence of the proceedings of the Board and the matter it purports to minute.

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15. Standing Orders.—Subject to the provisions of this Act, the Board may make, amend and rescind standing orders for the regulation of the proceedings and business of the Board and of any committee of the Board, and for all other matters connected with or incidental to the management of the Board and in connection with its business and duties.

16. Committees of the Board.—The Board may for the purposes of due and proper exercise and performance of its powers, functions and duties under this Act, by resolution establish, dissolve, extend, enlarge or limit committees consisting of directors of the Board or officers of the Corporation appointed in terms of sections 18, 19 and 20 or of both such directors and such officers.

17. Delegation of Powers and Duties by the Board.—The Board may by resolution delegate any of its powers and duties under this Act, excluding any power conferred by section 38, to any director or committee of the Board or any officer appointed under sections 19 and 20 but shall not thereby be divested of any power or be relieved of any duty which it may so have delegated and may revoke or amend any such delegation and amend or withdraw any decision by a director, committee or officer in terms of a delegation under this section.

18. Broadcasting Advisory Council.—(1) There is hereby established the Broadcasting Advisory Council, the functions and duties of which shall be—

(a) to advise the responsible Member, the Board and the Chief Executive Officer in regard to all matters relevant to the needs, demands and views of the public in the constituent regions of the Republic including the communities in the North-West Province;

(b) conferred and imposed upon the Council by or under this Act;

(d) assigned to the Council by the Chief Executive Officer, in consultation with the Board;

(e) from time to time make known any information or current broadcasting policy in relation to media and technological development in general and to serve as general guidelines referred to in section 3 (2) of this Act; and

(f) to make such preliminary investigations as it may consider necessary into, or confer with any interested party in connection with broadcasting all matters incidental thereto and to submit written reports to the responsible Member, the Board and the Chief Executive Officer.

(2) The Council shall consist of at least seven members or such greater number of members not exceeding seventeen who shall be appointed by the responsible member, of whom:

(a) one shall be the chairperson of the Board;

(b) the Chief Executive Officer of the Corporation, who shall be the secretary of the council; and

(c) not less than five or more than fifteen other persons designated by the responsible Member, all of whom shall be recognised experts in the fields of inter alia, broadcasting policy and technology, media strategy and law, frequency planning, business practices and finance advertising, marketing, journalism, telecommunication, journalism, art, culture, sports and education.

(3) The responsible member shall designate one Member of the Council as chairperson thereof and any other member as vice-chairperson, and such designation will be with due regard to the promotion and protection of the interests of disadvantaged persons.

(4) At the first meeting of the Council it shall determine the procedures regulating its meetings.

(5) The meeting of the Council (including any special meetings) shall be convened by the Secretary of the Council referred

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to in subsection 2 (b) of this section, who shall determine the venue and agenda of any such meeting.

(6) The members of the Council, with the exception of the chairperson of the Board, the Chief Executive Officer and any other members in the employment of the Corporation, shall be paid such remuneration, allowances and be entitled to such perquisites as from time to time by the Board.

(7) The member of the Council, save for the chairperson of the Board and the Chief Executive Officer shall be appointed by the responsible Member on such terms and conditions and for such period not exceeding five years as the responsible Member may determine either generally or in respect of each individual member of the Council which he or she shall cause to be specified in the letter of appointment to be issued in respect of such member.

(8) The provisions of sections 5, 6 and 7 shall mutatis mutandis apply in relation to the members of the Council.

19. Chief Executive Officer of the Corporation.—(1) The Board shall from time to time appoint as the Chief Executive Officer of the Corporation, a person—

(a) who is suited to serve as the Chief Executive Officer of the Corporation by virtue of his or her qualifications, expertise and experience in the field of broadcasting policy and technology, broadcasting industry, frequency planning, business practice and finance, marketing, journalism, entertainment and education;

(b) who is committed to fairness, freedom of expression, right of the public to be informed, openness and transparency, and accountability; and

such appointment shall be on the principle of transparency, openness and regardless of race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, conscience belief, culture or language.

(2) The Chief Executive Officer shall be the principal executive, administrative and accounting officer of the Corporation and shall, subject to the directions of the Board (if any) be charged with the administration of the every-day business, affairs and matters of the Corporation.

(3) The Chief Executive Officer shall be appointed for such period, on such terms and conditions as to service, be paid such salary and allowances and be entitled to such perquisites and benefits as the Board may from time to time determine.

(4) The Chief Executive Officer may on three months’ written notice tendered to the Board resign from his or her office: Provided that in the event of the Chief Executive Officer resigning the Board shall invoke the provisions of section 19 (1) within thirty days from the said resignation.

(5) Whenever the post of Chief Executive Officer is vacant or the Chief Executive Officer is suspended in terms of sections 6 and 7 or he or she is incapacitated or refuses or fails to act, the Board may designate the Deputy Executive Officer appointed in terms of section 20 or one of the officers of the Corporation to act as the Chief Executive Officer in which event such Acting Chief Executive Officer shall exercise and perform the powers, functions and duties of the Chief Executive Officer for as long as any such vacancy exists or any of the aforementioned circumstances subsist.

20. Deputy Executive Officer.—(1) The Board may, in consultation with the Chief Executive Officer, appoint one or more persons as Deputy Executive Officer to assist the Chief Executive Officer subject to his or her direction and control, in exercising and performing the powers, functions and duties conferred and imposed upon him or her by or in terms of this Act.

(2) For the purposes of subsection (1) of this section, the considerations mentioned in section 19 (1) shall mutatis mutandis apply in relation to the appointment of a Deputy Executive Officer.

(3) The provisions of section 19 (3) shall mutatis mutandis apply to the tenure of office of the Deputy Executive Officer.

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(4) The Deputy Director-General may on two months written notice tender to the Board to resign from his or her office.

21. Removal, Suspension and Disqualification from the Office the Chief Executive Officer or Deputy Executive Officer.—(1) Notwithstanding the provisions of section 19 (3) and section 20 (3), the term of office of the Chief Executive Officer and the Deputy Executive Office may, before the expiration thereof be terminated by the Board, whereupon such Chief Executive Officer or Deputy Executive Officer shall be removed from office—

(a) on account of his or her misconduct;

(b) on account of unfitness for the duties of his or her office;

(c) on the ground of permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(d) in the opinion of the Board, there are good and sufficient reasons for doing so.

(2) The Board may, whenever there is being undertaken any enquiry or investigation for the purpose of establishing whether or not there exists sufficient cause for the removal of the Chief Executive Officer or Deputy Executive Officer from office in terms of subsection (1) (a) to (d) inclusive, suspend him or her from his or her office pending the outcome of such enquiry or investigation.

(3) Whenever the Chief Executive Officer or Deputy Executive Officer is suspended in accordance with the provisions of subsection (4), he or she shall in respect of the period of his or her suspension not be entitled to any emoluments under this Act: Provided that—

(a) if the period of his or her suspension endures for longer than three months, the Board shall until such time as such suspension is terminated and he or she is either removed from office under subsection (1), or restored to his or her office, as the case may be, pay to the member an amount equal to such portion of his or her basic salary as will have accrued to him or her in respect of the period in excess of such three-month period;

(b) if he or she is restored to his or her office, he or she shall, in respect of the period of his or her suspension, and in addition to any amount paid or payable to him or her under paragraph (a) of this subsection (if any) be paid all such emoluments as would have been payable to him or her under this Act had he or she not been so suspended.

(3) The Chief Executive Officer and/or Deputy Executive Officer shall be disqualified from being appointed or remaining in office if—

(a) he or she is subject to a final order or court whereby his or her estate is sequestrated under the Insolvency Act 1936 (Act 24 of 1936), or his or her estate is sequestrated in terms of the laws of any other country or territory by a competent court or authority of such a country or territory, or he or she has assigned his or her estate for the benefit of his or her creditors;

(b) he or she is subject to an order of a competent court declaring him to be of unsound mind or mentally disordered or defective;

(c) he or she has been convicted of any offence for which he or she was sentenced to imprisonment without the option of a fine for a period of not less than six months, irrespective of whether such imprisonment was wholly or partly suspended or not unless he or she has received a grant of amnesty or a pardon, or unless the period of such imprisonment or suspension has expired at least ten years before the date of his or her appointment either as Chief Executive Officer or Deputy Executive Officer;

(d) notwithstanding the provisions of subsection (4) (c) of this section, he or she has been

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convicted of any offence involving dishonesty, theft, embezzlement, forgery or fraud; and

(e) he or she is —

(i) nominated as a candidate for election as a member of the National Assembly or any Provincial Legislature; or

(ii) nominated as a senator; or

(iii) is a member of the executive council of any Province; or

(iv) is a Minister or Deputy Minister of State; or

(v) nominated as a candidate for the Independent Broadcasting Authority or Independent Media Commission or is a member of such authority or commission; or

(vi) a member of the board of any other broadcasting service.

22. Other Staff of the Corporation.—(1) The Chief Executive Officer may appoint or engage such officers, employees and workpersons for the Corporation as he or she may deem necessary and determine the job description and designation of such officers, employees and workpersons, for the due, proper and effective exercise and performance of the powers, functions, duties and business incorporations of the Corporation, subject to such terms and conditions relating to service, salary and perquisites as the Chief Executive Officer, in consultation with the Board, may from time to time determine.

(2) (a) The provisions of this section shall not be construed so as to preclude the Board, in consultation with the Chief Executive Officer, from concluding, by way of agreement with the Government of the Province, the services of any officer of the public service on secondment to the Corporation in terms of the Public Services Act, 1994 and any regulations and rules thereunder, as amended from time to time, and any determination from time to time made in terms thereof (excluding any such determination relating to salary, salary range or scale or relating to any terms and conditions of service inconsistent with any terms and conditions of service determined or imposed under subsection (1)); or

(b) Any officer, employee or workperson of the public service (including any person employed by the Government of the Province on contract) seconded for service with the Corporation shall, in regard to the performance of his or her services with the Corporation, for all purposes in law be deemed to have been appointed under this section as an officer or employee or workperson of the Corporation.

(3) The Chief Executive Officer shall, subject to the provisions of this Act and of the by-laws (if any) made under section 24 (1) and to the directions of the Board (if any), exercise supervision and control over any officer, employee or workperson and have full and comprehensive powers regarding—

(a) his or her promotion or otherwise;

(b) the taking of any disciplinary action against him or her;

(d) negotiating the termination or secondment of any officer, employee or workperson referred to in subsection 2 (b) of this section.

23. Procurement of Experts.—(1) The Chief Executive Officer may, in accordance with any guidelines established by the Board, engage the services of any experts, advisers, consultants or contractors as he or she deems necessary in order to assist the Corporation in due, proper and effective exercise, performance and execution of its functions, duties, business and operations.

(2) The services of the experts, advisers, consultants or contractors may be engaged only for such purpose as in accordance with any guidelines established by the Board or may have been authorised or ratified by the Board, and for the

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purposes of any such engagement the terms and conditions subject to which services are engaged, shall be determined by the Chief Executive Officer subject to the direction (if any) of the Board.

24. Principal Powers and Functions of the Corporation.—(1) Without in any way derogating from the provisions of this Act, the principal powers and functions of the Corporation shall be—

(a) to acquire or erect and establish within the Province with the approval of the responsible Member and also outside the Province, with the approval of the responsible Member and the Premier in consultation with the Premier of that Province, broadcasting installations and an installations and facilities in connection therewith and to acquire any equipment therefor or rights in connection therewith;

(b) to apply for and acquire any broadcasting signal distribution licence or broadcasting licences as provided for in the Independent Broadcasting Act 1993;

(c) to enter into any agreements in relation to supplying or saving of programmes, information or news by or to any person or body for presentation by the Corporation on any one or more of its radio or television services, whether by means of transmission or otherwise;

(d) to broadcast current events or descriptions thereof or commentaries thereon from any locality where they are taking place;

(e) subject to the approval of the responsible member acting in consultation with the Member of the Executive Council for Finance and Provincial Expenditure, to enter into any agreement with the government or administration of any country or territory in relation to broadcasting and reception of programmes so contemplated;

(f) subject to the approval of the responsible Member, to establish a training programme for and/or centre of broadcasting media independently or in conjunction with any tertiary educational institution in the Province to promote the advancement of disadvantaged persons;

(g) to canvass, solicit and broadcast advertisements;

(h) to engage orchestras, bands and choirs, to acquire the services of artists and performers, and to arrange or subsidise public concerts, performances and other events involving such or any other orchestras, bands, choirs, artists or performers, whether with or without charge to the audience and in doing so have due regard to local content and the promotion of the interest of disadvantaged persons;

(i) to acquire copyright, performers’ rights, patent rights and other rights and, where appropriate to economically exploit same;

(j) to compile, print, manufacture, publish, sell, lease, cede, or in any manner distribute any dramatic, literary or musical works or matters, or any films and sound, video or other recordings used or destined and/or capable of being used in relation to the broadcasting and any machine, set, appliance or equipment used or it is deemed in use in connection with any such film or recording;

(k) to print, publish, issue, sell and distribute any book, magazine, periodical, newspaper, brochure, programme, or pamphlet, communicating or dealing with matters, topics or events of interest to the broadcasting public of the Corporation;

(l) to reproduce, issue, sell and distribute any recordings, cassettes or radio cassettes of any programmes of the Corporation;

(m) to perform any other act or do any other thing which falls within the scope of the objects of the Corporation as contemplated by section 3 or which, in the opinion of the Board, is necessary or desirable for the attainment of such objects.

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(2) The Corporation may, if reasonably necessary for the purpose of attaining any of its objects specified in section 3 or for the exercise and performance of any of its powers and functions under this section, or if economic and conducive to the efficiency of the business and operation of the Corporation under this Act—

(a) establish a company, whether for gain or otherwise, or acquire a majority or minority shareholding or proprietary interest in any company of such a nature; and

(b) to enter into an agreement with any company, which is registered and incorporated in the Republic or in any foreign country, to encourage investment in the broadcasting industry.

25. Ancillary Powers of the Corporation.—(1) For the purposes of attaining the objects of the Corporation and ensuring the due, proper and effective exercise and performance of its principal powers and functions under section 24, and in addition thereto and to such other powers and functions as are conferred and imposed on the Corporation by or in terms of this Act, the Board may—

(a) by way of purchase, hire or lease, acquire any movable and immovable property required by the Corporation for the purposes of its operations under this Act;

(b) if economic or conducive to productivity or the efficiency of the business, operation or affairs of the Corporation under this Act, let, sell, exchange or otherwise alienate, dispose of or hypothecate any property of the Corporation: Provided that any immovable property or any shareholding or any other proprietary interest of a capital nature in a company contemplated by section 24 (2) (a) or (b), the responsible Members’ written consent shall first be obtained;

(c) make provision for the payment of pecuniary benefits to directors and to any officers, any employees and any workpersons of the Corporation or to the dependants of such directors, officers, employees or workpersons, in respect of personal injury or death sustained by such directors, officers, employees or workpersons whilst engaged in the exercise or performance of their powers, functions or duties in any such capacity, and may pay any premiums which may be payable in terms of any contract of insurance entered into by or on behalf of such directors, officers, employees or workpersons for the purpose or payment of such pecuniary benefits, or may subsidise any such premium so payable;

(d) ensure the Corporation with any company or association against loss, damage, risk, liability or accident whatsoever which the Corporation may suffer or incur;

(e) subsidise any contribution due by any officers, employees, and workpersons of the Corporation under any group medical aid scheme arranged or approved by the Board;

(f) take out an insurance policy with any insurer providing insurance cover for the directors and members of any committee of the Board and/or the officers, employees and workpersons of the Corporation, in respect of injury, disablement or death which may occur or which may be sustained by them in the exercise or performance of their powers, functions or duties in any such capacity;

(g) establish or arrange, and administer and control, for the benefit of the officers, employees and workpersons of the Corporation and, where appropriate, their dependence, a group insurance scheme, a provident fund or medical aid fund or scheme and, subject to compliance with the proviso to subsection 37 (2), the pension fund or scheme;

(h) subject to such regulations in terms of section 39 guidelines established by the Board, provide housing and accommodation for the officers, employees and workpersons of the Corporation, or establish, arrange and undertake any housing scheme or home ownership project for their benefit;

(i) establish guidelines by regulations in terms of section 39 for the granting of loans to the officers, employees and workpersons of the Corporation at the discretion of the Chief Executive Officer and upon such terms and conditions;

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(j) train or provide or arrange training facilities for officers, employees and workpersons of the Corporation, and bear the study costs of officers, employees or workpersons studying at any university or technical or other educational institution which is approved by the Board and may grant bursaries and scholarships to any person for the purpose of research, study or further study in any field covered by the business or operations of the Corporation, at any such university or technical or educational institution subject to such conditions as determined by the Board;

(k) make regulations in terms of section 39 not inconsistent with the provisions of this Act, prescribing any staff employee or workperson of a nature contemplated in section 22 or referred to in the preceding provisions of this section, which by-laws shall be binding on all staff, employee and workperson of the Corporation affected thereby;

(l) subject to the directions of the Board (if any), hire out or make available for use, as against consideration, any such property, equipment, staff or services of the Corporation as are not required by it for immediate use;

(m) undertake, support and encourage investigations, study and research either by self or in conjunction with any person or any body regarding all aspects of broadcasting policy, service and technology, including the promotion of the development of public broadcasting services and community broadcasting services which are responsive to the needs of the public generally and communities at large, catering for all language, religious and cultural groups and providing entertainment, education and information, with particular reference to the needs of the constituent regions of the Republic and any local communities within the Province and all matters connected therewith and having due regard to the promotion of disadvantaged persons;

(n) to acquire by way of purchase, lease or otherwise any vehicles, equipment and materials to be used in connection with the purposes and objects of the Corporation;

(o) to incur expenditure in respect of official entertainment by the Board of directors and the Chief Executive Officer for the purposes of or in connection with advancing, promoting, executing or attaining the affairs, operations, purposes and objects of the Corporation, and

(p) to perform and do all such other acts and things which are not inconsistent with the provisions of this Act and which are necessary or expedient with due, proper and effective performance of its powers, functions and duties in terms of this Act.

(2) Notwithstanding the provisions of this Act, the Corporation shall in the exercise and performance of the powers, functions and duties conferred and imposed upon it by or in terms of this Act, and in conducting and carrying on its business, operations and undertakings under or by virtue of this Act, observe and comply with all laws and requirements thereunder which are applicable and in force in respect of such business, operation and undertaking.

26. Compulsory Purchase or Interest in or by Corporation.—(1) Notwithstanding the provision of any other law, the Corporation may, with the written authorization of the Minister of Land Affairs and subject to such conditions as he or she may impose, by compulsory purchase acquire—

(a) such land or right, in respect of land, as may be reasonably required by the Corporation for the erection of transmission or receiving plant and buildings, masts, power generators and other accessories and any process connected therewith.

(b) any land or right in respect of land which is required by the Corporation for an access road to such transmission or receiving plant or for a way leave for the construction and use of any such road or the erection, maintenance or inspection of power or programme lines.

(2) In the event of the Minister of Land Affairs granting his or her authorization for any acquisition in terms of subsection (1) the provisions of sections 6 to 24 inclusive of the Expropriation Act 1977 (Act 63 of 1977) or such other law as may be prescribed by him or her to be applicable, shall mutatis mutandis apply in relation to such acquisition.

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(3) If the owner of any land agrees to the acquisition of his or her land or any right in, or in respect of such land by the Corporation, but is not prepared to accept the amount of compensation offered therefore, the parties may agree that the land or right be acquired by the Corporation subject to the determination of the amount of compensation payable in accordance with the provisions of sections 12, 14 and 15 of the Expropriation Act, 1975 and having regard to the principles of just and equitable compensation and whichever provision would have applied had the land or right been expropriated in terms of the provisions of that Act: Provided that, in such case, a date of notice as defined in section 1 of that Act, shall be deemed to be a date on which that agreement was concluded: Provided further, that if an application for the determination of the amount of compensation is not made to the appropriate court within six months after that date, the compensation offered by the Corporation shall constitute the amount of compensation payable for its acquisition of such land or right.

27. Transfer by Endorsement of Certain Land, etc., to or by the Corporation, and Exemption from Certain Duties, Fees and Charges.—(1) In the event of the National Government so approving either by way of law or otherwise:

(a) the transfer to the Corporation of any immovable property acquired by it from the State or a statutory Corporation, or the transfer by the Corporation of any immovable property to the State or a statutory corporation may, with the approval of the Registrar General of the Republic of South Africa or his or her duly appointed representative in the Province be effected by way of endorsement upon the title deed of such property and any such endorsement shall for all purposes in law be sufficient proof that the right of ownership of the property in question is vested in the Corporation or the State or the statutory corporation in question (as the case may be);

(b) no stamp duty or transfer duty shall be payable in respect of any transfer of property to the Corporation and no stamp duty or charge or fee of office shall be payable in respect of any document executed on behalf of the Corporation or in respect of any note made at the request of the Corporation, on any document in the deeds registry of the Republic or of the Province; and

(c) no certificate, document or instrument issued by the Corporation shall be subject to stamp duty or any fee of office or charge whatsoever, nor shall the Corporation be liable for the payment of any search or inspection fee in the deeds registry or any office of a provincial department.

28. Execution of Certain Instruments on Behalf of the Corporation.—Every contract, agreement, authority, cheque, bill, promissory note, document and any other instrument, executed for and on behalf of the Corporation, shall, if it complies with the provisions of this Act in all other aspects, be duly executed and signed by the Director-General or the chairperson of the Board, and any other director of the Board duly authorised thereto by the Board, or, if so authorised by the Board, by any two directors of the Board authorised thereto by the Board or the Chief Executive Officer and any officer of the Corporation duly authorised thereto by the Board.

29. Financing of the Corporation.—(1) The Corporation shall be financed and be provided with certain capital, out of—

(a) such moneys as may from time to time be appropriated to the Corporation by the Provincial Legislature, together with such moneys, which prior to the commencement of this Act, had been appropriated by the Provincial Legislature from public funds;

(b) such moneys as immediately prior to the date of the commencement of this Act, constituted the unexpended credit balance of moneys derived by the State from any radio and television services which were provided by it prior to such date of commencement, together with unexpended balances, as the day immediately preceding such date of commencement, of all such amounts as had at any time prior to such date been appropriated by the provincial legislature for use exclusively for the operation and provision by the Province of such radio and television services;

(c) loans granted to the Corporation by the Government of the Province on such terms and conditions as the responsible Member in consultation with the member of the Executive Council for Finance and Provincial Expenditure may from time to time specify;

(d) loans raised or overdrafts obtained from any bank or financial institution registered in the Republic or elsewhere;

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(e) loans negotiated by the Corporation with other states, or with international bodies, agencies, institutions or financiers;

(f) all income derived by the Corporation from—

(i) its performance under any agreement;

(ii) its broadcast of advertisements;

(iii) any concerts, performances and events contemplated;

(iv) the economic exploitation of any of the rights;

(v) the economic exploitation, in accordance with the provisions of section 23 (1) (h) of any dramatic, literary or musical work or matter or any other film, recording, machine, set, appliance or equipment; and

(vi) the sale and distribution of any book, magazine, periodical, newsletter, brochure, programme, pamphlet or merchandise;

(g) the hiring out or making available of any property, equipment, staff or services;

(h) donations and bequests made to the Corporation and accepted on its behalf by the Board;

(i) interest derived from the investments or deposits of moneys of the Corporation;

(j) the proceeds derived by the Corporation from the realisation of any of its assets or property;

(k) the rentals paid in respect of any land, dwellings, buildings and other property leased out by the Corporation; and

(l) all licence fees paid from time to time to the Postmaster General in respect of radio listeners licences and television licences issued to him or her in terms of section 12 of the Bophuthatswana Broadcasting Control Act, 1989, (No. 28 of 1989), including all amounts which in terms of section 13 of that Act, are so paid as penalties in respect of such licenses;

(m) subject to an agreement with the Minister of Posts, Telecommunications and Broadcasting and the South African Broadcasting Corporation to receive a pro-rata share of licence fees derived in respect of radio listeners and television licences as well as other types of licences by the South African Broadcasting Corporation from licences in the Province:

Provided that the acquisition of capital or funds abroad for the Corporation in terms of paragraph (d) or (e) shall be subject to the prior consent of the Executive Council of the Province.

(2) The Corporation shall open and maintain with a registered commercial or other bank in the Republic or with any other financial institution an account in which shall be deposited all moneys and income of the Corporation under this Act and from which all payments by the Corporation shall be effected.

30. Reserve Fund of the Corporation.—(1) The Corporation shall establish a reserve fund which shall from time to time be credited with any surplus of the income of the Corporation over its expenditure at the end of the financial year.

(2) Any deficit in the books of the Corporation at the end of the financial year and any loss which may arise in consequence of any transactions or the business operations of the Corporation shall be made good from the reserve fund unless and insofar as such deficit or loss is, in the circumstances determined by the Executive Council of the Province,

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defrayed by the Government of the Province from moneys specially appropriated by the Provincial Legislature for that purpose.

(3) The money standing to the credit of the reserve fund at the end of the financial year may, insofar as it is not required for any purpose mentioned in subsection (2) and to such extent as may be determined by the Board, be invested on call with any general or commercial bank or any building society within the Republic or any other financial institution or may, if deemed necessary or expedient by the Board be merged with the liquid assets of the Corporation.

(4) The Corporation shall if the National Government so approve, either through legislation or otherwise, not be liable for the payment of income tax or any other tax on any surplus of the Corporation over its expenditure as reflected at the end of the financial year in respect of such year.

31. Government of the Province may Guarantee Repayment of Loans Raised by the Corporation.—(1) The Member of the Executive Council for Finance and Provincial Expenditure may, subject to the provisions of section 157 (3) of the Constitution and in accordance with the provisions of the North-West Exchequer Act, 1994, on behalf of the Government of the Province and upon such terms and conditions as he or she deems fit, guarantee the repayment of any loans raised or negotiated by the Corporation in terms of the provisions of section 28 (1) (d) or (e) as well as the interest on any other charges payable in connection with such loans.

(2) An agreement entered into in pursuance of the provisions of subsection (1) may be signed on behalf of the government of the Province by the Member of the Executive Council for Finance and Provincial Expenditure or any person authorised thereto in writing by him or her.

32. Corporation may Utilise its Funds in Connection with Remuneration, etc., and of all Pensions and Medical Aid Benefits for, Members of the Board and the Staff of the Corporation.—(1) The salaries, allowances and perquisites of the chairperson, deputy chairperson and other directors of the Board, chairperson and other members of the Council, the Chief Executive Officer and any other officers, employees and workpersons of the Corporation shall be paid out of the funds of the Corporation.

(2) The Corporation may from its funds contribute towards any pension fund or scheme or any medical aid scheme established or arranged in terms of the provisions of the Act for the benefit of the members of the Board, the Chief Executive Officer and any other officers, employees and workpersons of the Corporation, and dependants of any aforementioned persons.

33. Financial Accountability of the Corporation and Provisions Relating to the Annual Report.—(1) The Board shall, in respect of every financial year, cause proper books and records of account to be kept in accordance with established accounting practice, principles and procedures, of—

(a) all the moneys received by the Corporation;

(b) all moneys deposited in and payments made from the account;

(d) all movable and immovable property and other assets held by the Corporation and every loan raised or overdraft obtained by or for the Corporation and the capital amount outstanding on each loan or overdraft;

(e) all costs incurred or moneys expended or owing by the Corporation in connection with the exercise and performance of its powers, functions and duties under this Act;

(f) the interest paid and/or payable by the Corporation in respect of every loan or overdraft; or

(g) the interest received and/or accrued in moneys deposited or invested.

(2) The Board shall, within three months as from the end of each financial year or such longer period as the responsible

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Member may in writing allow, submit the said books and records of account, together with the financial statements of the Corporation in respect of each such year, comprising the income and expenditure statement and a balance sheet, to be audited in accordance with the provisions of section 34.

34. Operations Relating to Audit, Offences and Penalties in Connection with Audit.—(1) The statements, records, books, accounts and documents of the Corporation (together with all vouchers, invoices and receipts) relating to the business and financial affairs, position and transaction of the Corporation, shall be fully audited by the Auditor-General (who is hereby empowered to carry out such an audit) or a practising public accountant and auditor appointed by him or her for that purpose, at the conclusion of which the auditor concerned shall furnish his or her report to the Board: Provided that in the event of the Auditor-General not being authorised in terms of the law whereunder it operates to so audit the books of the Corporation, the audit shall be performed by such auditor as the responsible Member may appoint.

(2) In carrying out any audit in terms of subsection (1), the Auditor-General or the public accountant or auditor referred to in subsection (1) may direct any person (including any department of a Province, any statutory or other corporation, or body or any company, firm or association of persons) to furnish to him or her such information in the possession of such person or to make available for examination of all such statements, records, books, accounts and documents in the possession or under the control of such person, as in the opinion of the Auditor-General or such accountant or auditor related to or are relevant in connection with any transactions or with any business, operation or undertaking of the Corporation and are likely to facilitate the carrying out of such audit.

(3) Any person who fails or refuses to comply with any direction under subsection (2) shall be guilty of an offence and liable on conviction to a fine not exceeding R5 000,00 and twelve months, or to both such fine and such imprisonment.

(4) Notwithstanding the provisions of subsection (1), if the responsible Member is of the opinion that for any reason the Corporation’s finances have become unsound he or she may appoint an independent auditor to conduct an interim audit and he or she shall call for and receive from the chairperson a report as contemplated in section 32 (2) for such period determined by the responsible Member and, such report to be submitted to the responsible Member within a period specified by the responsible Member and the provisions of subsection (2) of such section shall mutatis mutandis apply.

35. Auditor-General’s Report of Chairperson of the Board and the Financial Statements of the Corporation to be Tabled in the Provincial Legislature.—The responsible member shall, within fourteen days after he or she has received the Auditor-General’s report as to the audit in terms of section 33 (2) and the report and financial statements contemplated by such section, lay such reports and statements on the table in the Provincial Legislature, if the Provincial Legislature is then in session, or, if it is not then in session within fourteen days after the commencement of its next ensuing session.

36. Execution of Documents of Corporation.—(1) Subject to any resolution of the Board whereby any arrangement is made, every contract, agreement, authority or approval and any other document or instrument, shall have been duly executed for and on behalf of the Corporation, if it complies with the provisions of this Act in all other respects and has been signed by the Chief Executive Officer.

(2) The Chief Executive Officer, in his or her discretion, and any other officer of the Corporation authorised thereto in writing by the Chief Executive Officer, may subject to the provisions of this Act, execute or prepare, and sign any such notice, document or instrument as may be necessary or expedient in connection with the administration of every-day business, operations and affairs of the Corporation.

37. Provisions Relating to Pensions ofStaff of Corporation.—(1) Subject to the repeal thereof by the National Government by way of an act of Parliament and subject to the provisions of subsection (2) of this section, the Corporation shall continue to be deemed to have been declared an associated institution under section (3) of the Associated Institutions Pension Act, 1980 (Act 2 of 1980), as provided for by section 34 of the Bophuthatswana Broadcasting Corporation Act, 1989.

(2) The provisions of subsection (1) shall not be construed so as to derogate from the power of the Board under section 24 (1) (g) to establish or arrange its own pension fund or scheme: Provided that—

(a) such pension fund or scheme shall not be established or arranged unless it is approved by the responsible Member and at least two thirds of all members of staff of the Corporation who by virtue of the application of the provisions of section (2) of the Associated Institutions Pension Act, 1980, are liable to contribute towards the pension fund envisaged thereby.

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(b) the Board, with the approval of the responsible Member, shall give to the administrators of the pension fund last mentioned in paragraph (a) of this proviso, at least three months prior written notice of the date of establishment or arrangement of its own pension fund or scheme, being the date of termination of its participation in the pension fund so referred to, upon expiration of such period the provisions of subsection (1) of this section shall cease to apply.

38. Vesting and Dissolution of Certain Rights.—(1) As from the date of commencement of this Act, the ownership of—

(a) all such land, whether improved or unimproved, which immediately prior to the commencement of this Act—

(i) is occupied for use by the Corporation exclusively for the purposes of or in connection with any broadcasting service operated and carried out on by and under the Bophuthatswana Broadcasting Corporation Act, 1989;

(ii) is used or at the disposal of the Corporation or the exclusive purpose of providing housing or accommodation to officers, employees and workpersons of the Corporation; and

(b) all such radio, apparatus and equipment and other equipment, appliances, plant, machinery, furniture, vehicles, stores, articles and other property, rights, interests, and assets which, immediately prior to such date of commencement, vested in the Corporation and are used, utilised, kept, held or destined for use or utilisation exclusively for the purposes of or in connection with any such broadcasting service,

shall continue to vest in the Corporation in terms of this Act.

(2) (a) The Corporation shall for all purposes in law continue to be deemed to be the legal successor in relation to all transactions, agreements, contracts, proceedings, matters, acts or things which prior to commencement of this Act, were concluded, brought, performed or done by the Government of Bophuthatswana and the Minister of Post and Telecommunication and Broadcasting of Bophuthatswana, on behalf of, for the purposes of, in respect of or in connection with any function or matter or the Department of Bophuthatswana Broadcasting relating to or connected with any broadcasting service which prior to such date of commencement, was operated and carried on by it under the repealed Bophuthatswana Broadcasting Act, 1978.

(b) All transactions, agreements, contracts, proceedings, matters, acts or things which after the date of commencement of this Act but prior to the date of promulgation thereof in the Gazette were concluded, brought, performed or done or issued in furtherance of the object of the Corporation or in carrying on of its business and operation with the bona fide yet mistaken belief that the same were in accordance with the provisions of the Act shall be deemed to have been lawfully concluded, brought, performed or done.

(3) All moneys which, immediately prior to the date of commencement of this Act, are owing or payable to or by the State and Government of Bophuthatswana in respect of any debts, obligations, liabilities, rights or privileges, incurred, acquired, arising or conferred for the purposes of or in connection with any broadcasting service referred to in subsection (2) and which were, in terms of section 35 (3) of the Bophuthatswana Broadcasting Corporation Act, 1989 owing or payable to or by the Corporation shall continue to be deemed to have been devolved upon the Corporation as from such date.

39. Regulations.—(1) The Board may publish any notices or make any regulations not inconsistent with the provisions of this Act, relating to—

(a) the rights, powers, functions, duties and conditions and terms of service including salary and perquisites of the staff, employees and workpersons of the Corporation and the manner in which it is to be exercised to perform, and the control and supervision of such staff;

(b) the management, supervision and control of the Corporation;

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scheme, group insurance scheme and medical aid fund or scheme for the staff of the Corporation hereinbefore mentioned and for members of the Board;

(d) the contributions of the Corporation towards any fund or scheme referred to in paragraph (c);

(e) the due, proper and effective conducting of business, operations, undertakings and activities of the Corporation, generally;

(f) any matter which is required to be prescribed or determined or may be prescribed or determined by the Board in terms of the provisions of this Act, insofar as such provisions do not require the Board to exercise its discretion separately in respect of every individual case presented to or to be considered by it; and

(g) to the guidelines referred to in section 23 (1) and section 25 (h) and (i).

Provided that in so far as any notice or regulation under this subsection relates to matters financial or matters having financial implications, it shall be made in consultation with the responsible Member and the Member of the Executive Council for Finance and Provincial Expenditure.

(3) Every notice or regulation made in terms of the proviso to subsection (1) shall be laid on the table of the Provincial Legislature within fourteen days of its publication in the Gazette, if the Provincial Legislature is then in session, or, if it is not then in session, within fourteen days after the commencement of its next ensuing session.

(4) Notwithstanding the provisions of subsection (1), the responsible Member may, if he or she deems it necessary, make such regulations that are necessary for the proper functioning and administration of the Corporation and implementation of the broadcasting and public media policy of the Province.

40. Repeal and Amendment of Laws.—(1) Subject to the provisions of subsection (2), the Bophuthatswana Broadcasting Corporation Act, 1989, (Act 30 of 1989) is hereby repealed in so far as the provisions thereof has been assigned to the Premier of the North-West Province by the President in terms of section 235 (8) of the Constitution.

(2) Any regulation, licence, appointment, designation, determination or other thing which was made, issued or done under a law repealed by subsection (1) and which could be made, issued or done under any provision of this Act, shall be deemed to have been made, issued or done under the last-mentioned provisions.

41. Short Title.—This Act shall be called the North-West Broadcasting Act, 1995.

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NORTH WEST ARTS COUNCIL AMENDMENT ACT

NO. 10 OF 1995

[ASSENTED TO 5 September, 1995] [DATE OF COMMENCEMENT: 8 September, 1995]

(English text signed by the Premier)

ACT

To amend the Arts Council Act, 1988; in section 1 to insert the definition of "Premier" and to delete the definition of "Patron"; in section 3 to dissolve the existing Council and to do away with ex officio membership of the Council; to insert a new section 4A which provides for the disqualification of a member of the Council; in section 27 so as to provide that the Member of the Executive Council for Finance and Provincial Expenditure only guarantee a loan subject to the provisions of section 30 of the North West Provincial Exchequer Act, 1994 read with section 157 (3) of the Constitution of the Republic of South Africa, 1993; to insert a new section 38A providing for the extension of the application of this Act to the whole territory of North West; to generally substitute certain terms so as to bring them in line with the terms used in the Constitution of the Republic of South Africa, 1993; and to provide for incidental matters.

1. Amends section 1 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) substitutes the definitions "activity" and "art form", paragraph (b) deletes the definition "BOPAC", paragraph (c) substitutes the definition "company", paragraph (d) inserts the definition "Constitution", paragraph (e) substitutes the definition "Council", paragraph (f) inserts the definitions "NWPAC", "Premier", "Province" and "Republic", and paragraph (g) deletes the definition "Patron".

2. Amends section 2 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) amends section 2, paragraph (b) amends subsection (1), paragraph (c) amends subsection (2), paragraph (d) amends subsection (3) and paragraph (e) amends subsection (4).

3. Substitutes section 3 of the North West Arts Council Act, No. 10 of 1995.

4. Substitutes section 4 of the North West Arts Council Act, No. 10 of 1995.

5. Amends the North West Arts Council Act, No. 10 of 1995 by adding section 4A.

6. Amends section 25 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) amends subsection (1), paragraph (b) amends subsection (2), paragraph (c) amends subsection (3), paragraph (d) amends subsection (4), paragraph (e) amends subsection (5), paragraph (f) amends subsection (6), paragraph (g) amends subsection (7), paragraph (h) amends subsection (8), paragraph (i) amends subsection (9) and paragraph (j) amends subsection (10).

7. Amends section 27 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) (i) substitutes subsection (1) (a), paragraph (a) (ii) amends subsection (1) (d), paragraph (b) amends subsection (2), paragraph (c) substitutes subsection (3) and paragraph (d) amends subsection (4).

8. Amends section 32 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) amends section 32, paragraph (b) amends subsection (1), paragraph (c) amends subsection (3), paragraph (d) amends subsection (4), paragraph (e) amends subsection (5), paragraph (f) amends subsection (8) and paragraph (g) amends subsection (9).

9. Substitutes section 33 of the North West Arts Council Act, No. 10 of 1995.

10. Amends section 34 of the North West Arts Council Act, No. 10 of 1995.

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11. Amends section 35 of the North West Arts Council Act, No. 10 of 1995.

12. Amends section 36 of the North West Arts Council Act, No. 10 of 1995 as follows:– paragraph (a) amends paragraph (a), paragraph (b) amends paragraph (b), paragraph (c) amends paragraph (d), paragraph (d) amends paragraph (e) and paragraph (e) amends paragraph (f).

13. Amends section 37 of the North West Arts Council Act, No. 10 of 1995.

14. Amends the North West Arts Council Act, No. 10 of 1995 by adding section 38A.

15. Substitutes section 39 of the North West Arts Council Act, No. 10 of 1995.

16. Amends the North West Arts Council Act, No. 10 of 1995 by generally substituting the terms "Republic", "Minister of Finance" or "Secretary for Finance", "Gazette", "chairman", "chairmanship", "vice-chairman", "Bophuthatswana", "he", "his", "him", "himself", "Parliament", "National Assembly" and "State President" or "Patron" for the terms "Province", "Member of the Executive Council responsible for Finance and Provincial Expenditure", "Provincial Gazette", "chairperson", "chairpersonship", "vice-chairperson", "North West", "he or she", "his or her", "him or her", "himself or herself", "Provincial Legislature" and "Premier" respectively.

17. Short title.—This Act shall be called the North West Arts Council Amendment Act, 1995.

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NORTH-WEST PROVINCIAL PUBLIC PROTECTOR ACT

NO. 1 OF 1994

[ASSENTED TO 24 JUNE, 1994] [DATE OF COMMENCEMENT: 24 JUNE, 1994]

(English text signed by the Premier)

ACT

To establish the office of Provincial Public Protector for the Province of the North West; to provide for the appointment of a person to that office; to determine the duties and powers of the Provincial Public Protector; and to provide for matters connected therewith.

1. Definitions.—In this Act, unless the context indicates otherwise—

"investigation" means an investigation contemplated in section 112 (1) (a) of the Constitution;

"Premier" means the Premier of the Province;

"public money" means—

(a) State moneys as defined in section 1 (1) of the Exchequer Act, 1975 (Act No. 66 of 1975), received or held by an accounting officer for or on account of the Province;

(b) revenue accruing to any statutory body as defined in section 1 (1) of the Exchequer Act, 1975, or deemed to be a statutory body in terms of section 5 (3) of the Auditor-General Act, 1989 (Act No. 52 of 1989), which was established or constituted by (text missing –Ed)

"Public Protector" means the Public Protector for the Republic contemplated in section 110 of the Constitution;

"the Constitution" means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993);

"the Province" means the Province of North West.

2. Establishment and appointment.—(1) There shall be a Provincial Public Protector for the Province.

(2) The Provincial Public Protector shall be appointed by the Premier in consultation with the Public Protector: Provided the appointment shall be confirmed by resolution of a majority of at least two-thirds of all the members of the provincial legislature.

(3) The Provincial Public Protector shall be a South African citizen who is a fit and proper person to hold such office, and who—

(a) is a Judge of the Supreme Court of South Africa; or

(b) is qualified to be admitted as an advocate and has, for a cumulative period of at least 10 years after having so qualified—

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(i) practised as an advocate or an attorney; or

(ii) lectured in law at a university; or

(c) has specialized knowledge of or experience for a period of at least 10 years in the administration of justice, public administration or public finance.

(4) Unless the new constitutional text as defined in section 233 of the Constitution provides otherwise, the Provincial Public Protector shall hold office for a period of seven years.

(5) The remuneration and other terms and conditions of employment of the Provincial Public Protector shall be determined by the Premier in consultation with the Executive Council, and such remuneration shall not be reduced, nor shall such terms and conditions be adversely altered during his or her term of office.

(6) The Provincial Public Protector shall not perform remunerative work outside his or her official duties.

(7) The Provincial Public Protector may be removed from office by Premier, but only on the grounds of misbehaviour, incapacity or incompetence, determined by a committee of the whole House of the provincial legislature, and upon receipt of an address from the provincial legislature requesting such removal.

(8) A Provincial Public Protector who is the subject of an investigation by a committee in terms of subsection (7), may be suspended by the Premier pending a decision in such investigation.

3. Independence and impartiality.—(1) The Provincial Public Protector shall be independent and impartial and shall exercise and perform his or her powers and functions subject only to the Constitution and this Act.

(2) The Provincial Public Protector and the persons appointed in terms of section 9 of this Act shall have the immunities and privileges assigned to them under this Act for the purpose of ensuring the independent and impartial exercise and performance of their powers and functions.

(3) No organ of state and no member or employee of an organ of state nor any other person shall interfere with the Provincial Public Protector or a person appointed under section 9 of this Act in the exercise and performance of his or her powers and functions, and any person who wilfully so interferes shall be guilty of an offence.

(4) All organs of state shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Provincial Public Protector in the exercise and performance of his or her powers and functions.

4. Powers and functions.—(1) The Provincial Public Protector shall be competent—

(a) to investigate, on his or her own initiative or on receipt of a complaint, any alleged—

(i) maladministration in connection with the affairs of government at provincial level;

(ii) abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function;

(iii) improper or dishonest act, or omission or corruption, with respect to public money;

(iv) improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in the public administration or in connection with the affairs of government at provincial level or of a person performing a public function; or

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(v) act or omission by a person in the employ of government at provincial level, or a person performing a public function, which results in unlawful or improper prejudice to any other person,

irrespective of whether such alleged act or omission took place before the coming into effect of this Act;

(b) to endeavour, in his or her sole discretion, to resolve any dispute or rectify any act or omission by—

(i) mediation, conciliation or negotiation;

(ii) advising, where necessary, any complainant regarding appropriate remedies; or

(iii) any other means that may be expedient in the circumstances; or

(i) if he or she is of the opinion that the facts disclose the commission of an offence by any person, to bring the matter to the notice of the relevant authority charged with prosecutions; or

(ii) if he or she deems it advisable, to refer any matter which has a bearing on an investigation, to the appropriate public body or authority affected by it or to make an appropriate recommendation regarding the redress of the prejudice resulting therefrom or make any other appropriate recommendation he or she deems expedient to the affected public body or authority.

(2) Nothing in subsection (1) shall be construed as empowering the Provincial Public Protector to investigate the performance of judicial functions by any court of law.

(3) (a) The Provincial Public Protector shall conduct an investigation under subsection (1) with due regard to the circumstances of each case, and shall for the purposes of such investigation, but subject to the provisions of the Constitution and the law of privilege, be competent to—

(i) direct any person to submit an affidavit or affirmed declaration, to appear before him or her to give evidence or to produce any document in his or her possession or under his or her control which, in the opinion of the Provincial Public Protector, has a bearing on the matter being inquired into, and may examine such person for that purpose; and

(ii) enter, or authorize another person to enter, any building or premises and there to make such investigation or inquiry as he or she may deem necessary, and seize anything on those premises which in his or her opinion has a bearing on the purpose of the investigation.

(b) Such direction shall be by way of a subpoena containing particulars of the matter in connection with which the person subpoenaed is required to appear before the Provincial Public Protector and signed by the Provincial Public Protector and served on the person subpoenaed either by a registered letter sent through the post or by delivery by a person authorized thereto by the Provincial Public Protector.

(c) When the Provincial Public Protector considers it necessary do so, he or she may require any person appearing as a witness before him by virtue of subsections (1) and (2) to give evidence under oath or after having made an affirmation, and such person shall enjoy the same privilege as a witness testifying in a criminal proceeding before a division of the Supreme Court of South Africa.

(d) The Public Protector may administer an oath to, or accept an affirmation from, any such person.

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(e) Any person appearing before the Public Protector by virtue of subsections (1) and (2) may be assisted at such investigation by an advocate of the Supreme Court of South Africa or any person duly admitted to practice as an attorney in any part of the Republic, and shall be entitled to peruse such documents referred to in section 5 (2) as in the opinion of the Public Protector are necessary to enable such person to refresh his or her memory.

(f) If it appears to the Provincial Public Protector during the course of an investigation that any person is being implicated in the matter being inquired into, the Provincial Public Protector shall afford such person an opportunity to be heard in connection herewith by way of the giving of evidence, and such person or his or her legal representative shall be entitled, through the Provincial Public Protector, to question other witnesses determined by the Provincial Public Protector who have appeared before the Provincial Public Protector in terms of this section.

(g) Any person who refuses or fails to comply with a direction under subsection (1) or who refuses to answer any question put to him or her under that subsection or gives to such question an answer which to him or her knowledge is false, or refuses to take the oath or to make an affirmation at the request of the Provincial Public Protector in terms of subsection (3), shall be guilty of an offence.

(4) The Provincial Public Protector or any member of his or her staff shall be competent, but not compellable, to answer questions in any proceedings in or before a court of law or any body or institution established by or under any law, in connection with any information which in the course of his or her investigation has come to his or her knowledge.

(5) Recourse to, or the exercise and performance of any powers and functions of, the Provincial Public Protector shall not oust the jurisdiction of a court of law to hear any matter or cause whatsoever.

(6) The Provincial Public Protector shall report in writing on his or her activities to the provincial legislature at least once every year.

5. Complaints.—(1) If any person has reasonable grounds to suspect that an incident which may in terms of section 4 (1) (a) be investigated by the Provincial Public Protector, has occurred or is about to occur, he or she may lay the matter in question in accordance with the provisions of subsection (2) before the Provincial Public Protector, and after such matter has been so laid before the Provincial Public Protector, he or she may take such steps in respect thereof as he or she is permitted to take in terms of the provisions of this Act.

(2) Any person wishing to lay a matter referred to in subsection (1) before the Provincial Public Protector, shall—

(a) do so by means of an affidavit or affirmed declaration specifying—

(i) the nature of the suspicion;

(ii) the grounds on which the suspicion is based; and

(iii) all other relevant information known to the declarant; or

(b) do so by such means as the Provincial Public Protector may determine with a view to making his or her office accessible to all persons wishing to lay a matter before him or her.

6. Procedure at and nature of proceedings.—(1) The procedure to be followed in conducting an investigation shall be determined by the Provincial Public Protector at his or her discretion with due regard to the circumstances of each case, and the Provincial Public Protector may in his or her discretion direct that any category of persons or all persons whose presence is, in his or her opinion, not necessary or desirable, shall not be present at the investigation or any part thereof.

(2) Notwithstanding anything to the contrary contained in any law no person shall without the permission of the Provincial Public Protector disclose to any other person the contents of any document in the possession of the Provincial Public Protector or of a member of his staff, or the record of any evidence given before the Provincial Public Protector during an investigation.

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(3) Any person who contravenes subsection (2) shall be guilty of an offence.

7. Compensation regarding expenses.—The Provincial Public Protector may, if he or she deems it advisable, with the concurrence of the member of the Executive Council responsible for financial matters in the Province or any person authorized by the said member, order that the expenses or a portion of the expenses incurred by any person in the course of or in connection with an investigation by the Provincial Public Protector be paid from provincial funds to that person.

8. Contempt of Provincial Public Protector.—(1) No person shall in connection with an investigation do anything which if done in connection with a court of law, would have constituted contempt of court: Provided that the provisions of this paragraph shall not prohibit discussion in Parliament of any matter being investigated by the Provincial Public Protector.

(2) Any person who contravenes a provision of subsection (1) shall be guilty of an offence.

(3) If any person ccntravenes the provisions of subsection (1) in course of an investigation, the Provincial Public Protector may summarily impose upon such person a penalty prescribed in section 11.

9. Prohibition of improper influencing.—(1) No person shall do anything calculated to improperly influence the Provincial Public Protector or a member of his staff with regard to an investigation.

(2) Any person who contravenes subsection (1) shall be guilty of an offence.

10. Staff and expenditure.—(1) The Provincial Public Protector may appoint, on such terms and conditions of service as he or she may determine, after consultation with the member of the Executive Council responsible for financial affairs in the Province and the Provincial Service Commission, such persons as may be necessary for the discharge of the work of the office of the Provincial Public Protector.

(2) The Provincial Public Protector may on such conditions as he or she may determine, delegate any of his or her powers or functions to persons referred to in subsection (1).

(3) Expenditure incidental to the exercise and performance of the powers and functions of the Provincial Public Protector in terms of this Act or under any other Act shall be defrayed from money appropriated by the provincial legislature.

11. Consultation with Public Protector.—Nothing in this Act shall in any way derogate from the powers and functions of the Public Protector, and the Provincial Public Protector shall exercise and perform his or her powers and functions in consultation with the Public Protector, who shall have concurrent jurisdiction in the Province as prescribed by section 114 of the Constitution.

12. Regulations.—(1) The Premier may make regulations on any matter which he or she may regard necessary for the better achievement of the objects of this Act.

(2) Regulations made under subsection (1) may, for a contravention thereof, prescribe penalties not exceeding a fine of R2 000 or imprisonment for a period of six months.

13. Penalties.—Any person convicted of an offence referred to in section 3 (3), 4 (3) (g), 6 (3), 8 (2) or 9 (2) shall be liable to a fine not exceeding R4 000 or imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

14. Application of law.—The provisions of this Act shall not derogate from any other law regulating an investigation or inquiry for any other purpose.

15. Short title.—This Act shall be called the North West Provincial Public Protector Act, 1994.

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NORTH WEST DELEGATION OF POWERS ACT

NO. 20 OF 1994

[ASSENTED TO 16 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 18 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To empower the Premier and Members of the Executive Council to delegate certain powers, and to provide for incidental matters.

1. Definitions.—In this Act, unless the context indicates otherwise—

"law" means any Act of the Provincial Legislature, including any proclamation issued, regulation made and enactment having the force of law, made under any such Act, and also all laws which, in terms of section 229 (1) of the Republic of South Africa Constitution Act, 1993 apply in the North West and which were assigned by the President to a competent authority within the Province under section 235 (8) of the said Constitution Act;

"Member of the Executive Council" means any Member of the Executive Council of the Provincial Legislature elected in accordance with the provisions of the Republic of South Africa Constitution Act, 1993 and includes the Premier acting as a Member of the Executive Province;

"Premier" means the person who, in accordance with the provisions of the Republic of South Africa Constitution Act, 1993, has been elected as Premier of the North West Provincial Legislature and has taken an oath of office, and includes the acting Premier under the said Constitution Act.

2. Delegation of powers by Premier to certain persons, hereby authorised.—Subject to the provisions of section 5, the Premier may generally or specifically delegate any power, whether express or implied, conferred on him or her by any law promulgated and of force in the North West before or after the commencement of this Act, to—

(a) any Member of the Executive Council; or

(b) any head or acting head of a Provincial Department as contemplated by the North West Provincial Service Commission Act, 1994.

3. Delegation of powers by responsible Members of the Province to certain persons, hereby authorised.—Subject to the provisions of section 5, a Member of the Executive Council may generally or specifically delegate or further delegate (as the case may be) any power, whether express or implied, conferred on him or her—

(a) by any law promulgated and of force in the North West before or after the commencement of this Act; or

(b) by virtue of a delegation by the Premier under section 2, unless the further delegation of such power is expressly prohibited by the Premier,

to any person mentioned in section 2 (b).

4. Withdrawal of delegation and right of delegation to exercise powers despite delegation.—(1) Any delegation under this Act may at any time be withdrawn by the person having effected such delegation.

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(2) The delegation of any power under section 2 or 3 shall not preclude the Premier or Member of the Executive Council concerned (as the case may be) from exercising such power himself or herself, provided the person to whom such power had been delegated, has not in any particular case already started exercising such powers.

5. Powers which may not be delegated.—The provisions of sections 2 and 3 shall not enable the Premier or any Member of the Executive Council to delegate any power conferred on him or her by any law to issue proclamations and to make regulations, nor does it entitle the Premier to delegate any power which, in terms of the Republic of South Africa Constitution Act, 1993, is to be exercised by the Premier as head of the Province.

6. Repeal of laws.—The Bophuthatswana Delegation of Powers Act, 1980 (Act 38 of 1980) is hereby repealed.

7. Short title and date of commencement.—This Act shall be called the North West Delegation of Powers Act, 1994.

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NORTH WEST GENERAL LAW AMENDMENT ACT

NO. 21 OF 1994

[ASSENTED TO 29 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 2 DECEMBER, 1994]

(English text signed by the Premier)

ACT

To provide for the validation of all transactions, agreements, contracts, proceedings, matters, acts or things concluded, brought, performed, or done by the Boards or Councils dissolved by the Acts referred to in the second column of the Schedule to this Act after the twenty-seventh day of April 1994 but prior to the appointment by the Premier or the responsible Member of a new Board or Council; and to provide for incidental matters.

1. Amendment of Act 34 of 1984, Act 15 of 1987 and Act 7 of 1994, as of force in the North West Province on 27 April 1994 by validating all transactions, agreements, contracts, proceedings, matters, acts or things concluded, brought, performed, or done by the Boards or Councils referred to therein after that date.—All transactions, agreements, contracts, proceedings, matters, acts or things concluded, brought, performed, or done by the Board or Council dissolved by the laws referred to in the second column of the Schedule to this Act after the twenty-seventh day of April 1994 but prior to the appointment by the Premier or the responsible Member of a new Board or Council in terms of the said laws in pursuit or furtherance of the objects of such Boards or Councils or the carrying on of its business and operations with the bona fide yet mistaken belief that the same were in accordance with the provisions of the Acts amended by the laws so referred to in the second column of the Schedule to this Act, shall be deemed to have been lawfully concluded, brought, performed or done.

2. Amends the North West Tourism Amendment Act, No. 7 of 1994, the Mmabana Cultural Foundation Amendment Act, No. 10 of 1994 and the North West Consumer Affairs Amendment Act, No. 11 of 1994 by generally substituting the work "this Act" for the word "the Principal Act" wherever it occurs in the sections referred to in the third column of the Schedule to this Act.

3. Short title.—This Act shall be called the North West General Law Amendment Act, 1994.

Schedule

Act No. and Year Short Title Sections 7 of 1994 North West Tourism Amendment Act 3 (2) 10 of 1994 Mmabana Cultural Foundation Amendment Act 1 (2) 11 of 1994 North West Consumer Amendment Act 2 (2)

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PAYMENT OF MEMBERS OF THE NORTH WEST PROVINCIAL

SERVICE COMMISSION ACT

NO. 22 OF 1994

[ASSENTED TO 29 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 30 SEPTEMBER, 1994]

(English text signed by the Premier)

ACT

To provide for the remuneration of Members of the Provincial Service Commission and the payment of certain allowances to them, and to provide for incidental matters.

1. Remuneration of members of the Provincial Service Commission.—(1) Any person who holds any one of the offices as specified in the first column of the Schedule to this Act, shall be paid monthly a taxable salary at the rate specified in the second column of the Schedule opposite the relevant office, so specified, in which he or she serves.

(2) The amount of the salary payable in terms of subsection (1) shall be a charge against the Provincial Revenue Fund referred to in the North West Provincial Exchequer Act, 1994 (Act 4 of 1994).

2. Travel expenses.—Any member using private transport in performing official duties shall be entitled to claim travel expenses based on the distance and the engine capacity of the individual vehicle.

3. Short title and date of commencement.—This Act shall be called the Payment of Members of the North West Provincial Service Commission Act, 1994, and shall be deemed to have come into operation on the thirtieth day of September, 1994.

Schedule

Designation of offices in the North West Provincial Service Salary per annum Commission Chairperson R278 824, 00 Member R266 764, 00 Part-time member R130, 00 per hour per meeting (calculated from the time when a member leaves home or any point of departure until he or she returns home).

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NORTH WEST COMMUNICATION SERVICE AMENDMENT ACT

NO. 23 OF 1994

[ASSENTED TO 30 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 2 DECEMBER, 1994]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Information Service Act, 1992, so as provide for its transformation into a Communication Service for the North West Province; and to provide for matters incidental thereto.

1. Amends section 1 of the North West Communication Service Act, No. 10 of 1992 as follows:– paragraph (a) substitutes the definition "Director General", paragraph (b) amends the definition "financial year", paragraph (c) deletes the definition "Minister", paragraph (d) inserts the definitions "Premier", "Province" and "responsible Member", paragraph (e) amends the definition "staff", paragraph (f) deletes the definition "the Information Service" and and paragraph (g) inserts the definition "the Communication Service".

2. Substitutes section 2 of the North West Communication Service Act, No. 10 of 1992.

3. Substitutes section 3 of the North West Communication Service Act, No. 10 of 1992.

4. Substitutes section 4 of the North West Communication Service Act, No. 10 of 1992.

5. Amends section 7 of the North West Communication Service Act, No. 10 of 1992 by adding paragraph (e).

6. Amends section 16 of the North West Communication Service Act, No. 10 of 1992 by adding paragraph (e).

7. Substitutes section 20 of the North West Communication Service Act, No. 10 of 1992.

8. Substitutes section 23 of the North West Communication Service Act, No. 10 of 1992.

9. Amends the North West Communication Service Act, No. 10 of 1992 by adding section 32A.

10. Substitutes section 33 of the North West Communication Service Act, No. 10 of 1992.

11. Amends the North West Communication Service Act, No. 10 of 1992 by generally substituting the terms "Bophuthatswana", "chairman", "he", "his", "him", "himself", "Minister", "Minister of Finance", "Republic", "the Information Service" and "vice-chairman" for the terms "Province", "chairperson", "he or she", "his or her", "him or her", "himself or herself", "responsible Member", "Member of the Executive Council of the North West responsible for Finance", "Province", "the Communication Service" and "vice-chairperson" respectively.

12. Short title.—This Act shall be called the North West Communication Service Amendment Act, 1994.

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NORTH WEST ROAD TRAFFIC AMENDMENT ACT

NO. 24 OF 1994

[ASSENTED TO 15 DECEMBER, 1994] [DATE OF COMMENCEMENT: 23 DECEMBER, 1994]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Road Traffic Act, 1973; in section 1 to change the designation of "Minister" to "responsible Member"; in section 29 to provide for registration marks to be assigned to registering authorities on 1 January 1995, which will substitute the old registration marks over a period of 36 months; and to provide for matters incidental thereto.

1. Amends section 1 of the Road Traffic Act, No. 7 of 1973 as follows:– paragraph (a) deletes the definition "Minister" and paragraph (b) inserts the definition "responsible Member".

2. Amends section 29 of the Road Traffic Act, No. 7 of 1973 by substituting subsection (1).

3. Amends the Road Traffic Act, No. 7 of 1973 generally by substituting the term "Minister" for the term "responsible Member".

4. Amends Part II of Schedule 2 of the Road Traffic Act, No. 7 of 1973 by substituting paragraph 4.

5. Short title.—This Act shall be called the North West Road Traffic Amendment Act, 1994.

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NORTH-WEST PROVINCIAL SERVICE COMMISSION ACT

NO. 2 OF 1994

[ASSENTED TO 24 JUNE, 1994] [DATE OF COMMENCEMENT: 24 JUNE, 1994]

(English text signed by the Premier)

ACT

To provide for the establishment of a Provincial Service Commission, the powers and functions of the Commission, the appointment, tenure of office, remuneration and other conditions of service of members of the Commission, the removal from office of, and the vacation of office by those members, the exercising, performance and delegation of the powers and functions of the Commission, the appointment and duties of staff ofd the Commission and matters connected therewith.

1. Definitions.—In this Act, unless the context indicates otherwise—

"calendar month" means a period extending from a day in one month to the day preceding the day corresponding numerically to that day in the following month, both days inclusive;

"Commission" means the Provincial Service Commission for the Province of North West established by section 2 (1) and, in relation to any power or function conferred upon, assigned to or imposed upon the Commission by or in terms of the Constitution or this Act or any other law, includes any member or members of the Commission or any officer of officers to whom the exercise of such power or the performance of such function has been delegated by the Commission in terms of section 5 (2);

"Constitution" means the Constitution of the Republic of South Africa, 1993;

"employee" means a person referred to in section 7 (1) (c) of the Public Service Act;

"fixed establishment" means the fixed establishment as defined in section 1 (1) of the Public Service Act;

"head of department" means the officer who is the incumbent of a post on the fixed establishment designated by the name set forth in the second column of the First Schedule to the Public Service Act with regard to the Provincial Administration;

"member of the Executive Council" means the Premier or a member of the Executive Council of the Province of North West appointed by the Premier, as contemplated by section 149 (1) of the Constitution;

"month" means a period extending from the first to the last day, both days inclusive, of any one of the twelve months of the year;

"officer" means a person who has been appointed permanently, notwithstanding that such appointment may be on probation, to a post referred to in section 7 (1) (a) of the Public Service Act, and includes a person referred to in section 7 (1) (b) or 7 (3) (c) of that Act;

"Premier" means the Premier of the Province of North West as contemplated by section 145 (1) of the Constitution;

"Province" means the Province of North West as contemplated by section 124 (1) of the Constitution;

"Provincial Administration" means the Administration of the Province of North West encompassing all

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departments and offices of the said Province;

"Provincial Legislature" means the legislature authority of the Province of North West contemplated by section 125 (2) of the Constitution;

"Public Service Act" means the Public Service Act, 1994;

"public service" means the public service as contemplated by section 7 of the Public Service Act;

"Public Service Commission" means the Public Service Commission as contemplated by section 209 (1) of the Constitution.

2. Establishment of Provincial Service Commission.—(1) There is hereby established a Provincial Service Commission for the Province of the North West, as contemplated in section 213 of the Constitution, which Commission shall exercise and perform the powers, rights, functions and duties prescribed by this Act or any other law as well as any power or function which the President may assign to it proclamation in the Gazette.

(2) The Provincial Service Commission shall, in respect of the exercise and performance of its powers and functions be accountable to the Provincial Legislature.

3. Composition of the Provincial Service Commission, remuneration and tenure of office.—(1) The Provincial Service Commission shall comprise of not fewer than three members, and not more than five appointed by the Premier, one of whom shall be designated as the Chairperson of the Commission by the Premier.

(2) The Premier shall designate one of the remaining members as vice-chairperson of the Commission to act as and to exercise and perform the powers, rights, functions and duties of the chairperson of the Commission in the circumstances contemplated in subsection (7) (a).

(3) Subject to the provisions of subsections (11) and (12), a member of the Provincial Service Commission shall hold office for such period as may be determined by the Premier but which shall not be in excess of three years, and any such member may, on expiration of his term of office, be reappointed.

(4) The Provincial Legislature shall in accordance with a Provincial Law, determine the salaries and conditions of service of members of the Provincial Service Commission: Provided that the salary of a member shall not be reduced during his tenure of office, except by an Act of the Provincial Legislature.

(5) A member of the Provincial Service Commission shall not hold office in any political organization.

(6) A member of the Provincial Service Commission shall not without the permission of the Premier, perform or engage himself to perform any remunerative work outside the duties of his office.

(7) (a) Whenever the office of the chairperson is vacant or the chairperson is absent or incapacitated or refuses or fails to act, the powers, rights, functions and duties of the chairperson conferred and imposed on him or her by or in terms of this Act or any other law or by resolution of the Provincial Service Commission, shall be exercised and performed by the vice- chairperson.

(b) The Premier may, if he or she deems it necessary or expedient, appoint any person or persons who, in his or her opinion are suitable thereto, to act as a member or members of the Provincial Service Commission during any period when any member or members of the Provincial Service Commission is or are absent, and any person so appointed shall during the period of his or her appointment for all purposes be deemed to be a member of the said Commission.

(c) Whenever the offices of both chairperson and vice-chairperson are vacant or both the chairperson and vice- chairperson are absent or incapacitated or refuse or fail to act, the powers, rights, functions and duties conferred and imposed, as contemplated by paragraph (a), on the chairperson and vice-chairperson, shall be exercised and performed by such other member or such acting member of the Provincial Service Commission as may be designated by the Premier.

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(8) A member of the Provincial Service Commission shall be qualified to be appointed to the Commission if he or she—

(a) is a South African citizen; and

(b) is a person who has sufficient knowledge of or experience in the administration, management, or rendering of public services.

(9) If an officer or employee is appointed to the Commission—

(a) the period of his or her service as such member shall be reckoned as part of and continuous with his or her employment in the public service for the purposes of leave and pension and any other condition of service, and the provisions of any pension law applicable to him or her as such officer or employee or, after his or her death, to his or her dependents, and which are not in conflict with the provisions of this Act, shall mutatis mutandis apply; and

(b) such member shall retain the same right to vacate his or her office and to retire as he or she would have had on the attainment of an age prescribed by the Public Service Act or any other law, had he or she remained in the public service.

(10) A member of the Provincial Service Commission shall not be suspended or removed from office except in accordance with the provisions of subsections (11), (12) and (13).

(11) (a) The Premier may, subject to the provisions of this subsection, remove a member of the Provincial Service Commission from office—

(i) on account of continued ill-health;

(ii) for misconduct;

(iii) for unfitness for duties of his or her office or incapacity to carry them out efficiently; or

(iv) if for reasons other than his or her own unfitness or incapacity his or her removal from office will promote efficiency or economy.

(b) The Premier may require a member of the Commission to absent himself or herself temporarily from his or her duties in order to afford the Premier the opportunity to consider the possible removal of such member from office in terms of paragraph (a).

(c) Every removal of a member of the Commission and the reason therefor shall be submitted by the Premier to the Provincial Legislature within fourteen days after such removal, or, if the Provincial Legislature is not then in session, within fourteen days after the commencement of its next ensuing session.

(12) The Premier may, if a member becomes afflicted with a permanent infirmity of mind or body which disables him or her from the proper discharge of the duties of his or her office—

(a) allow him or her to vacate his or her officer; or

(b) remove him or her from office on the ground of incapacity.

(13) If a member referred to in subsection (9)—

(a) is allowed to vacate his or her office in terms of subsection (11) (a) (i), his or her services shall be deemed to have been terminated on the grounds of ill-health and he or she shall be entitled to such pension as he or she would under the pension law applicable to him or her have been entitled to if

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his or her services had been terminated on the grounds of ill-health without the member being instrumental in causing his or her own ill-health; or

(b) is allowed to vacate his or her office in terms of subsection (11) (a) (ii), during his or her first period of office, he or she shall be deemed to have vacated his or her office in terms of subsection (11) (a) (iv) or to have been retired in terms of section 15 (4) of the Public Service Act, as the Premier may direct and he or she shall be entitled to such pension as he or she would under the pension law applicable to him or her have been entitled to if he or she had vacated his or her office or had been so retired; or

(c) is allowed to vacate his or her office in terms of subsection (11) (a) (ii), during his or her subsequent period or periods of office, he or she shall be deemed to have vacated his or her office in terms of subsection (11) (a) (iv) and he or she shall be entitled to such pension as contemplated in paragraph (b).

(14) A member of the Commission who—

(a) immediately prior to his or her appointment as such was an officer in the public service;

(b) at the expiry of his or her period of office as a member of the Commission is not reappointed thereto; and

(c) on the expiry date of his or her term of office, has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire and would have been compelled to retire if he or she had not been appointed as a member of the Commission,

shall have the right to retire, or may be required by the Premier to retire, and if he or she so retires or is so required to retire, he or she shall be entitled to such pension as he or she would under the pension law applicable to him or her have been entitled to, if he or she had been compelled to retire from the public service owing to the abolition of his or her post.

(15) If a member of the Commission who immediately prior to his or her appointment as such was an officer or employee in the public service, is appointed under an Act of Parliament or a provincial law and with his or her consent to an office to which the provisions of this Act or the Public Service Act do not apply, he or she shall as from the date on which he or she is so appointed, cease to be a member of the Commission, and if at that date he or she has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire, he or she shall, subject to the provisions of section 4 (3) of the Auditor-General Act, 1989 (Act No. 52 of 1989), in the case of the appointment of a member as Auditor-General, be deemed to have retired on that date and he or she shall, subject to the said provisions, be entitled to, such pension as he or she would under the pension law applicable to him or her have been entitled to, had he or she been compelled to retire the public service owing to the abolition of his or her post.

4. Exercise and delegation of powers and functions of the Commission.—(1) (a) A recommendation or direction in respect of any matter made or given by or at least two, if the Commission consists of three members, and three if the Commission consists of more than three members, shall, subject to the provisions of subsection (2), be deemed for the purposes of this Act or any other law to be a recommendation or direction of the Commission.

(b) The Commission shall decide on any matter by written consent of every member who is present to perform his or her duties, or by a majority of votes cast by the members present at a meeting of the Commission.

(c) In the event of an equality of votes on any matter considered by the Commission at a meeting thereof, the chairperson shall have a casting vote in addition to his or her deliberative vote.

(2) (a) The Commission may, subject to the conditions determined by it, delegate any power conferred upon it or any function entrusted to it under this Act or the Public Service Act or any other law, except the powers conferred upon it by this subsection or by section 8 (1) of this Act, or by section 3 (2) (a) and (i) or section 3 (4) (a) (ii), or section 6 (3), or section 11 or section 13 (2) (c) (ii), or section 15 (5) (a), or section 16 (2) (d), or section 17, or section 18, or section 20E, or section 21 of the Public Service Act, to—

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(i) one or more of its members, or

(ii) an officer or officers.

(b) The Premier may, notwithstanding paragraph (a), on the recommendation of the Commission and by proclamation in the Provincial Gazette exclude any power referred to in that paragraph from the restrictive operation of that paragraph, but a power which has been thus excluded may be delegated only to a member or members of the Commission.

(3) The Commission may designate one or more of its members or an officer or officers to conduct an inquiry into any matter in respect of which in terms of this Act or the Public Service Act or any other law it may make a recommendation or give a direction.

(4) Any delegation or designation made by the Commission in terms of subsection (2) or (3), may at any time he amended or revoked by the Commission.

5. Powers and functions of the Commission.—(1) The Commission may exercise powers and perform the functions expressly mentioned in this Act and in the Public Service Act, as well as the powers and functions entrusted to it under a provision of this Act or the Public Service Act or under any other law.

(2) (a) When so requested, the Commission may advise the Premier or a member of the Executive Council in regard to any matter relating to Public Service in the province or in relation to the employment, remuneration or other conditions of service of functionaries employed by any institution or body in the Province which receives fund wholly or partly appropriated by Parliament or a provincial legislature.

(b) If a matter referred to in paragraph (a) has been referred to the Commission for advice in terms of that paragraph, the Commission, or the officer or officers in the office of the Commission designated by the Commission for this purpose, shall have the power to inspect all such official documents and records and to obtain all such information from the functionary or the head of the department concerned, or of the executive head of the institution or body concerned, as in its opinion may be necessary to inspect or to obtain in order to advise the Premier or the relevant member of the Executive Council.

(3) The Commission shall exercise such other powers and perform such other functions of the Public Service Commission assigned to it on recommendation of the Public Service Commission, by the President by proclamation in the Gazette, with the approval of the Premier.

6. Commission’s Power or inquiry.—(1) The Commission may—

(a) summon any person who in the opinion of the Commission may be able to give material information concerning the subject of any inquiry held by it in terms of section 5 (3), or who it suspects or believes has in his or her possession or custody or under his or her control any book, document or object which has any bearing upon the subject of the inquiry, to appear before it at the time and place specified in the summons, to be interrogated or to produce that book, document or object, and the Commission may keep any book, document or object thus produced, for the duration of the inquiry;

(b) call and administer an oath to or accept an affirmation, from any person present at the inquiry who was or might have been summoned in terms of paragraph (a), and may interrogate him or her and require him or her to produce any book, document or object in his or her possession or custody or under his or her control which the Commission suspects or believes to have a bearing upon the subject of the inquiry.

(2) Summons of a person to appear before the Commission or to produce a book, document or object, shall be in the form which has been prescribed by the Commission, shall be signed by the chairperson of the Commission or by the person or one of the persons designated under section 4 (3), and shall be served in the manner determined by the Commission from time to time.

(3) (a) If any person, having been summoned under subsection (1) (a), fails without sufficient cause, to attend at the time

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and place specified in the summons, or to remain in attendance until excused by the Commission from further attendance, or if any person called in terms of subsection (1) (b), refuses to be sworn or to affirm as a witness, or fails without sufficient cause to answer fully and satisfactorily to the best of his or her knowledge all questions lawfully put to him or her, or to produce any book, document or object in his or her possession or custody or under his or her control which he or she has been required to produce, he or she shall, subject to the provisions of paragraph (b), be guilty of an offence and liable upon conviction to a fine not exceeding six hundred rand.

(b) In connection with the interrogation of any such person by or the production of such book, document or object before the Commission, the law relating to privilege, as applicable to a witness summoned to give evidence or to produce any book, document or object before a court of law, shall apply.

(4) Any person who, after having been sworn or after having affirmed a witness, gives a false answer to any question lawfully put to him or her by the Commission, or makes a false statement on any matter, knowing that answer or statement to be false, shall be guilty of an offence and liable upon conviction to the punishment prescribed by law for the crime of perjury.

(5) Any person who hinders or prevents any other person from obeying any summons issued under subsection (1) (a), or from giving any evidence or producing any book, document or object which he or she may be required to give or produce, shall be guilty of an offence and liable upon conviction to a fine not exceeding six hundred rand.

(6) Any person who holds an inquiry in pursuance of a delegation under section 4 (2) (a) (i) or holds an inquiry in pursuance of a designation or an appointment under section 4 (3) of this Act, or section 17 (1), or section 18 (1), or section 20 (3), or section 21 (1) of the Public Service Act, shall for the purposes of the inquiry have all the powers conferred upon the Commission by this section, and in the application of the provisions of this section to any such inquiry every reference therein to the Commission shall be construed as including a reference to such person.

7. Staff of the Commission.—Subject to the provisions of this Act and of the Public Service Act, the Commission shall in terms of the last-mentioned Act, be assisted by as many other officers and employees as may from time to time be necessary to enable the Commission effectively to exercise its powers and to perform its functions.

(2) The officers and employees referred to in subsection (1) shall observe such directions and carry out such duties as may from time to time be given to or imposed upon him or her by the Commission.

8. Reports of the Commission.—(1) The Commission shall as soon as possible after 31 December in each year frame a report on matters which have been dealt with by the Commission during the year that ended on that day, and also from time to time such special reports as may to the Commission seem desirable.

(2) Every report framed by the Commission in pursuance of subsection (1), shall be submitted to the Premier and shall be submitted to the Provincial Legislature within seven days after the Premier has received it if the Provincial Legislature is then in session, or if the Provincial Legislature is not then in session, within seven days after the commencement of its next ensuing session.

9. Limitation of legal proceedings.—(1) No legal proceedings of whatever nature shall be brought against the State or the Province or any body or person in respect of anything done or in respect of any failure to do anything which should have been done in terms of this Act, unless the legal proceedings are brought before the expiry of a period of twelve calendar months after the date upon which the claimant had knowledge, or after the date on which the claimant might reasonably have been expected to have knowledge of the act or omission alleged, whichever is the earlier date.

(2) (a) No such legal proceedings shall he instituted before the expiry of at least one calendar month after written notice as to the intention to bring such proceedings has been served on the defendant.

(b) Such notice shall contain full particulars of the alleged act or omission.

10. Transitional arrangements.—(1) The transitional arrangements set out in section 238 of the Constitution shall apply.

11. Short title.—This Act shall be called the North West Provincial Service Commission Act, 1994.

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NORTH-WEST TENDER BOARD ACT

NO. 3 OF 1994

[ASSENTED TO 24 JUNE, 1994] [DATE OF COMMENCEMENT: 24 JUNE, 1994]

(English text signed by the Premier)

ACT

To provide for the regulation of the procurement of supplies and services for, the disposal of movable property of, and the hiring or letting of anything or the acquisition or granting of any right for or on behalf of, the Government of the North West Province and to that end to establish the North West Tender Board, and to define its functions; and to provide for incidental matters.

1. Definitions.—In this Act, unless the context indicates otherwise—

"board" means the North West Tender Board established by section 2;

"chairperson" means the chairman of the board designated by the responsible Member in terms of section 3 (2) and also a person who acts as chairman;

"employee" means an employee as defined in section 1 of the Public Service Act, 1994;

"Executive Council" means the Executive Council referred to in section 149 of the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993);

"Government" means the Government of the North West and excludes local government;

"North West" means the Province of the North West as defined in Schedule 1 of the Constitution of the Republic of South Africa Act, 1993 (Act 200 of 1993);

"officer" means an officer as defined in section 1 of the Public Service Act, 1994;

"Province" means the Province of the North West as defined in Schedule 1 of the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993);

"Provincial Treasury" means the Provincial Treasury as defined in the Exchequer Act, 1994;

"Regulations" means the regulations made under section 10;

"the responsible Member" means the Member of the Executive Council of the North West responsible for financial matters.

2. Establishment of the North West Tender Board.—(1) There is hereby established a board to be known as the North West Tender Board.

(2) The powers and functions exercised or performed prior to the date of commencement of this Act by any tender board which exercised such powers and performed such functions in relation to the procurement of supplies and services for the disposal of movable property of, and the hiring or letting of anything or the acquisition or granting of any right for or on behalf of the Government or a traditional authority, shall for the purpose of this Act be deemed to have been exercised or performed by the tender board referred to in subsection (1).

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3. Constitution of the board.—(1) The board shall consist of not less than six and not more than ten members, to be appointed by the Executive Council, all of whom shall not be officers or employees.

(2) The responsible Member shall designate any member of the board as chairperson and any other member as vice- chairperson who shall act as chairperson of the board when the chairperson is absent or is unable to perform his duties, and when both the chairperson and vice-chairperson are absent from a meeting of the board, the members present thereat may elect one of their number to preside at such a meeting.

(3) Subject to the provisions of subsection (4) a member of the board shall hold office for a period of three years.

(4) A member of the board shall vacate his office—

(a) if he resigns;

(b) if he absents himself from two consecutive meetings of the board without its leave; or

(5) The remuneration and allowances of members of the board shall be determined from time to time by the responsible Member.

4. Powers of the board.—(1) The board shall have power to procure supplies and services for the Government and, subject to the provisions of any other Act of the Legislature of the North West, to arrange the hiring or letting of anything or the acquisition or granting of any right for or on behalf of the Government and to dispose of movable Government property, and may for that purpose—

(a) on behalf of the Government, conclude an agreement with a person within or outside the Province for the furnishing or supplies and services to the Government or for the hiring or letting of anything or the acquisition or granting of any right for or on behalf of the Government or for the disposal of movable Government property;

(b) with a view to concluding an agreement referred to in paragraph (a), in any manner it may deem fit, invite offers and determine the manner in which and the conditions subject to which such offers shall be made;

(c) inspect and test or cause to be inspected and tested supplies and services which are offered or which are or have been furnished in terms of an agreement concluded under this section, and anything offered for hire;

(d) subject to the provisions of section 6, accept or reject any offer for the conclusion of an agreement referred to in paragraph (a);

(e) on behalf of the Government, resile from any agreement concluded under this section and, in appropriate cases, claim damages;

(f) subject to the provision of subsection (2), on such condition it may determine, exempt any person with whom such an agreement has been concluded from compliance therewith or condone the failure of such person to comply with such agreement;

(g) subject to the provisions of subsection (2), negotiate a settlement with a person referred to in paragraph (f), or amend the agreement concerned with the approval of such person;

(h) issue directives to departments in regard to the procurement of supplies and services, the hiring or letting of anything, the acquisition or granting of any right, or the disposal of movable property

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belonging to the Province in order to achieve the objects of the Act;

(2) No exemption, condonation, settlement or amendment which may be to the prejudice of the Government shall be granted, negotiated or made under paragraphs (f) and (g) of subsection (1) without the prior approval of the Provincial Treasury.

(3) Any approval referred to in subsection (2) may be granted in respect of a specific agreement or in respect of two or more or all agreements entered into for the procurement of a specific supply or service.

(4) With the approval of the responsible Member in each case, and on such conditions, including conditions regarding compensation (if any), as the responsible Member may approve, the board may exercise any power which it may exercise for and on behalf of the Province in terms of this Act, for and on behalf of any body established by or under any law.

5. Committees of the Board and delegation of powers.—(1) The board may from among its members appoint committees and designate a chairperson in respect of every such committee.

(2) The board may from time to time delegate any of its powers to any of its committees, any person (including any member of the board), any body of persons or the holder of any post designated by the board.

(3) Where the board has delegated any power under subsection (2), it may authorize the committee, person, body of persons or holder of the post concerned to delegate that power to any person, body or persons or the holder of a post.

(4) Any delegation under subsection (2) or (3) may be made subject to such conditions and restrictions (if any) as may be determined by the board or the committee, person, body of persons or holder of the post concerned.

(5) The board shall not be divested of any power delegated by it or under its authority and may amend or withdraw any decision made in the exercise of such power, including any decision of any committee, person, body of persons or holder of any post amending or withdrawing any decision referred to in subsection (6).

(6) Any committee, person, body of persons or holder of a post shall not be divested of any power delegated by it or him and may amend or withdraw any decision made in the exercise of that power.

(7) Where any power has been delegated to the holder of a post, that power may be exercised by the person who for the time being performs the functions attached to such post.

6. Decisions of the board.—(1) (a) No employee of Government and no member of any organ of Government or any other person shall improperly interfere with the decisions or operations of the board.

(b) No decisions of the board which was influenced by improper interference as contemplated by paragraph (a) of this subsection shall be valid.

(2) All decisions of the board shall be recorded in such manner as the responsible Member may from time to time determine.

(3) The tendering system provided for in this Act shall be fair, public and competitive.

(4) (a) Any interested party may within 14 (fourteen) days of the publication of a decision of the board submit to the board a written request for the reasons for such decision.

(b) Within 14 (fourteen) days of receipt of a written request referred to in subsection (4) (a), the board shall furnish the person making the request with the full reasons for its decision.

(5) No decision of the board or act performed under authority of the board shall be invalid by reason only of a vacancy on the board, or of the fact that a person who was not entitled to sit as a member of the board sat as a member at the time when the decision was taken or the act was authorised if the decision was taken or the act was authorised by the requisite majority of the members of the board who were present at the time and entitled to sit as members.

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7. Government and traditional authorities to procure supplies and services and dispose of stores and other movable property through board.—Subject to the provisions of this Act and the regulations made under section 10, the Government or any traditional authority in the Province shall procure its supplies and services and dispose of all its stores and other movable property through the board.

8. Expenditure—Subject to the provisions of this Act, or an agreement concluded under this Act, all expenditure in connection with the performance of the functions and the exercise of the powers of the Board shall be defrayed from moneys appropriated by the North West Legislature for the purpose.

9. Administrative work.—(1) All administrative work, including the payment and receipt of moneys, in connection with the performance of the functions and the exercise of the powers of the board shall be performed by officers and employees.

(2) The chairperson of the board or any other person designated by the board shall be competent to execute all documents on behalf of the board.

10. Regulations.—(1) The responsible Member may make regulations—

(a) in relation to the convening of, and the procedure and quorum to be followed at meetings of the board, or any committee thereof, including the manner of voting and the number of votes required for a decision of the board;

(b) prescribing the manner in which movable property of the Government or of any tribal authority shall be disposed;

(d) in relation to the manner in which decisions of the board are to be recorded and to be publicised;

(e) with regard to all matters for which he deems it necessary or expedient to make regulations in order to achieve the objects of this Act.

(2) Notwithstanding anything to the contrary in any law contained, any regulations made in terms of subsection (1) may, in addition to any other remedies prescribed therein, provide for the imposition by the board of a monetary penalty, calculated on such basis or bases as may be prescribed therein, on any person with whom the board concluded an agreement on behalf of the Government or any tribal authority on the strength of information furnished by such person which, subsequent to the conclusion of such agreement, is shown to have been incorrect information, and may prescribe the manner in which any such monetary penalty may be recovered.

11. Repeal of the State Tender Board Act, No. 86 of 1968 and the Bophuthatswana Tender Act, No. 8 of 1975.—The State Tender Board Act, No. 86 of 1968 and the Bophuthatswana Tender Act, No. 8 of 1975 (Bophuthatswana) are repealed insofar as they are applicable to the procurement of supplies and services for, the disposal of movable property of, and the hiring or the letting of anything or the acquisition or granting of any right for or on behalf of, the Government of the North West.

12. Short title and date of commencement.—This Act shall be called the North West Tender Board Act, 1994 and shall come into operation on a date fixed by the responsible Member by Proclamation in the Provincial Gazette.

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NORTH-WEST PROVINCIAL EXCHEQUER ACT

NO. 4 OF 1994

[ASSENTED TO 24 JUNE, 1994] [DATE OF COMMENCEMENT: 24 JUNE, 1994]

(English text signed by the Premier)

ACT

To provide for the regulation of the collection, receipt, control, custody and issue of State moneys and the receipt, custody and control of other State property; the raising and repayment of loans by the Province; the granting of certain loans from the Provincial Revenue Fund and the terms and conditions in regard to the repayment of such loans; the duties and powers of the Provincial Treasury; the granting of guarantees, indemnities and securities; arranging that certain sections of this Act cannot be amended without the concurrence of Parliament and matters connected therewith.

1. Definitions.—(1) In this Act and any Regulation and instruction issued in terms thereof, unless the context otherwise indicates—

"accounting officer" means a person referred to in sections 16 and 17;

"adjustments estimate" means an estimate of expenditure from the Provincial Revenue Fund submitted to the Provincial legislature in respect of expenditure on services of the Province and which are confined to—

(a) the shifting of funds between and within votes;

(b) reappropriation of money which was appropriated by the provincial legislature in the preceding financial year, but was not spent;

(c) appropriation of money for services of the Province in respect of which no or insufficient moneys have been appropriated in the relevant financial year and which may only be appropriated—

(i) from money obtained from the sale of assets of the province;

(ii) as a result of an authorization issued under section 7;

(iii) in respect of expenditure already announced by the responsible Member in his speech during the tabling of the appropriation Act in the Provincial legislature; or

(iv) in respect of expenditure regarded as being unforeseen and unavoidable by the Provincial Treasury; or

(d) any other change or adjustment to an appropriation Act which applies in the relevant financial year and which the Provincial Treasury deems necessary;

(e) additional conditional and unconditional allocations by Parliament;

"appropriation account" means an account mentioned in section 15;

"appropriation Act" means an Act by which the estimates of expenditure or adjustments estimate is appropriated as a charge against the Provincial Revenue Account approved by the Provincial legislature;

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"Auditor-General" means the person appointed as such in terms of section 191 (2) of the Constitution;

"Bank" a deposit-taking institution mentioned in the Deposit-taking Institution Act, 1990 (Act No. 94 of 1990);

"Constitution" means the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993);

"credit" means an allocation of an amount of money in the Paymaster-General’s Account to an accounting officer;

"department" means a department as defined in an act of a province which establishes and arranges executive departments for the relevant province;

"estimates of expenditure" means an estimate of expected expenditure from the Provincial Revenue Fund on the services of the Province during a financial year which are submitted to Provincial legislature and which contain particulars of the purposes for which moneys, appropriated in an appropriation Act shall be utilized and includes any estimates of supplementary expenditure on such services during that financial year which it is deemed necessary to provide for after the first mentioned estimate has been submitted to the Provincial legislature, but before it has been approved;

"Republic" means the Republic of South Africa as contemplated in section 1 of the Constitution;

"responsible Member" means the member of the Executive Council of the Province responsible for finance;

"this Act" shall include Regulations made thereunder;

"Treasury" means the National financial authority in the Public Service which is vested in the Department of State Expenditure mentioned in the Public Service Act and whose powers in relation to any matter are exercised by the Minister of Finance or an officer in that department who, by virtue of a division of work in that department, deals with that matter;

"Treasury Instruction" means an instruction issued in terms of section 39 of the National Exchequer Act, 1994;

"trust money" means moneys kept by an accounting officer or other person in the service of the Province on behalf of a person or body, which money is not State money;

"trust property" means property kept by an accounting officer or other person in the service of the Province on behalf of a person or body, which property is not State property; and

"vote" means a vote shown in a schedule to an appropriation Act.

(2) Any reference in any law to the State Revenue Fund shall be deemed to be a reference to the Provincial Revenue Fund for as far as those powers are imposed on the province.

CHAPTER 1

REVENUE, EXPENDITURE AND ACCOUNTING SYSTEM

2. Accounts of Provincial Revenue Fund.—The Provincial Treasury shall make provision in its books in respect of the Provincial Revenue Fund for a Provincial Revenue Account which shall be credited with all revenue accruing to it in terms of this Act or any other law, and from which shall be defrayed all expenditure and be paid any amounts with which it is charged in terms of this Act or any other law.

3. The Provincial Exchequer Account.—(1) The Provincial Treasury shall maintain at a Bank an account, entitled "the Account of the Exchequer of the Province", into which shall, subject to the provisions of paragraph (a) of subsection (2), be deposited all revenues.

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(2) (a) A Provincial Treasury shall appoint principal receivers of revenue in respect of any provincial revenue received by the province.

(b) The principal receivers of revenue contemplated in paragraph (a) shall each cause the revenue of his office received from time to time, less the amount of any drawbacks and other refunds, to be deposited in the Provincial Exchequer Account.

(3) The Bank shall on each appropriate working day render to the Provincial Treasury, in such form as the Provincial Treasury may determine, returns of revenue deposited in the Provincial Exchequer Account.

(4) The Provincial Treasury may utilize any moneys in the Provincial Exchequer Account for the defrayment of expenditure chargeable to the account mentioned in section 2.

(5) The Provincial Treasury shall, subject to the provisions of this Act, ensure that there shall at all times be sufficient moneys in the Provincial Exchequer Account for transfer in accordance with section 9 (1).

4. Appropriation of moneys in Provincial Revenue Fund, and estimates of expenditure and revenue.—(1) The moneys in the Provincial Revenue Fund shall be appropriated by the provincial legislature as a charge against the Provincial Revenue Account by an appropriation or other Act for the requirements of the Province: Provided that until such time as provision has been made in an appropriation Act for such requirements during a financial year, such moneys shall be deemed to have been appropriated by an Act for such requirements, subject to the following limitations:

(i) in respect of the first four months of the relevant financial year, to not more than 45 percent of; and

(ii) in respect of each of the following months, to not more than 10 percent of; and

(iii) in total, to not more than;

the amount voted by the Provincial legislature, by an appropriation Act for the immediately preceding financial year.

(2) Issues by virtue of the proviso to subsection (1) shall be deemed to be issues by virtue of the appropriation Act for the financial year in question, and as a charge against the Provincial Revenue Account.

(3) Moneys deemed to have been appropriated as contemplated in the proviso to subsection (1) shall only be utilized for services in respect of which expenditure was authorized by an appropriation Act during the immediately preceding financial year, or in respect of which some other authorization by another Act exists.

(4) When applying this section where —

(a) a province could not adopt an appropriation act as it did not yet exist; or

(b) certain functions were imposed on a province after an appropriation act had been passed for the preceding financial year,

in the case of paragraph (a) the total amount on which the relevant percentages are based is determined by the responsible Member, and in the case of paragraph (b) the total amount of the appropriation Act of the preceding financial year is increased by the costs of that function for a full year and such functions are, for the purposes of subsection (3) deemed to be part of the relevant Appropriation Act.

(5) The responsible Member—

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(a) shall for every financial year, in a form determined by the Minister responsible for National Financial Matters submit to the Provincial legislature an estimate of revenue and estimate of expenditure to be defrayed from the Provincial Revenue Account; and

(b) may so submit to the Provincial legislature an adjustments estimate to be so defrayed.

5. Duration of appropriation Act, and expenditure in a financial year.—(1) An appropriation Act shall not be construed as authorizing the utilization of moneys appropriated thereby in a financial year other than the financial year to which it expressly relates.

(2) Subject to the provisions of section 5 (3) and 7, expenditure shall in each financial year be incurred in accordance with standing statutory appropriations and, in respect of each vote, in accordance with the main divisions thereof, the particulars of which shall be contained in the estimates of expenditure and the adjustments estimate.

(3) Expenditure on a service in respect of which no or insufficient provisions has been made in an appropriation Act, shall not be brought to account as final debit against a vote, unless—

(a) in the case of insufficient provision, a saving under any main division of the vote concerned being applied towards such expenditure, unless the Provincial Treasury directs otherwise; or

(b) the responsible Member granted a written authority therefor or beforehand in terms of section 7.

6. Column 2-items.—(1) The amounts appearing in "Column 2" of a schedule to an appropriation Act in respect of any vote shall, subject to the provisions of section 7 (1) (b) (ii), not be exceeded, and savings thereon may, with the approval of the responsible Member, be applied towards the defrayment of any other expenditure for which insufficient appropriation has been made under that vote.

(2) An amount appearing in "Column 2" of a schedule to an appropriation Act in respect of any vote, may be increased with such a portion of the moneys appropriated for the Vote: Improvement of conditions of service of the province as the accounting officer of that Vote in consultation with the Provincial Treasury may determine.

7. Authority by the responsible Member for utilization of moneys in certain circumstances.—(1) Notwithstanding the provisions of sections 4 and 6, the responsible Member may grant authority for moneys in the Provincial Revenue Fund to be utilized during a financial year—

(a) to defray expenditure of an exceptional nature which has not been provided for in an appropriation Act and which cannot without serious prejudice to the public interest be postponed until appropriation therefor can be made by the Provincial legislature; or

(b) to defray—

(i) expenditure in connection with an expected excess on a vote which can not without serious prejudice to the public interest be postponed until appropriation therefor can be made by the Provincial legislature; and

(ii) Expenditure in connection with an expected excess of amounts which appear in "Column 2" of a schedule to an appropriation Act:

Provided that the total amount in respect of which authority may be granted in terms of this section shall not at any time exceed an amount equal to two per cent of the total amount appropriated by the then current appropriation Act or which is available by virtue of the proviso to section 4 (1).

(2) Steps shall be taken, not later than during the next ensuing session of the Provincial legislature, for the appropriation of any amounts which have been or will be utilized in terms of subsection (1).

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(3) The authority contemplated in subsection (1) is granted only if it complies with the criteria stated in the definition of adjustments estimate of subsection (1) of section 1.

8. Power of Provincial Treasury to limit or suspend incurring of expenditure.—(1) Notwithstanding anything to the contrary contained in any law, including any law whereby money is appropriated for any statutory body, fund or account, the appropriation by an appropriation Act, or an authority granted in terms of section 7, shall be construed as merely indicating the maximum amount which may be utilized for the service or purpose concerned, and the Provincial Treasury may withhold or suspend the disbursement of moneys which have been appropriated or in respect of which authority has been granted in terms of section 7 (1), if in the opinion of the Provincial Treasury circumstances make such withholding or suspension desirable.

(2) The Provincial Treasury shall keep a record of every withholding or suspension in terms of subsection (1) and shall without delay notify the accounting officer concerned and the Auditor-General of every such withholding or suspension.

(3) Any amount of which payment was in terms of subsection (1) withheld or suspended may be utilized during the financial year concerned for a purpose approved by the Provincial Treasury.

(4) The Provincial Treasury shall keep a record, and without delay notify the Auditor-General, of every approval granted in terms of subsection (3).

9. Account of Paymaster-General.—(1) In addition to the Provincial Exchequer Account, the Provincial Treasury shall maintain at the Bank an account entitled the Account of the Paymaster-General and may cause so much of any moneys—

(a) appropriated by law;

(b) which may, by virtue of the provisions of section 7, be utilized for any purpose; or

as has been requisitioned in terms of subsection (2), to be transferred from the Provincial Exchequer Account to the Paymaster-General’s Account.

(2) (a) The Provincial Treasury shall grant to an accounting officer or a Secretary to the Provincial Legislature, on a requisition by him, and out of the moneys in the Provincial Exchequer Account, credits out of which disbursements for the services for which he is responsible, shall be made by him.

(b) The Provincial Treasury may limit the granting of credits referred to in paragraph a( ) to the amounts which, in its opinion, are required for current payments in respect of the service or purpose for which it may be utilized.

(3) The Provincial Treasury shall not grant a credit in respect of an amount of which payment was withheld or suspended in terms of section 8 (1), unless an approval has been granted in terms of section 8 (3).

(4) An accounting officer or a Secretary to the Provincial Legislature shall keep account of all credits granted to him in terms of subsection (2) as well as all disbursements therefrom.

(5) An accounting officer may, in addition to State moneys, deposit other moneys for which he is accountable in the Paymaster-General’s Account and may make disbursements from that account.

(6) In regard to the Paymaster-General’s Account the Provincial Treasury shall maintain for each accounting officer or a Secretary to the Provincial Legislature an account of all credits, deposits, disbursements and withdrawals.

(7) An accounting officer or a Secretary to the Provincial Legislature shall as soon as is practicable after his accounts for any financial year have been closed, surrender to the Provincial Treasury, for redepositing in the Provincial Exchequer Account, any unexpended moneys in respect of which he received credits in terms of subsections (2) and (8), and the Provincial Treasury shall credit therewith the account of the Provincial Fund which was charged with the anticipated

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expenditure concerned.

(8) If it appears after 31 March of any financial year that the expenditure by an accounting officer on services in that financial year may possibly exceed the amount of the credits granted to him by the Provincial Treasury in terms of subsection (2), he shall as soon as possible, provided appropriate funds for that financial year are still available under the vote concerned, requisition the Provincial Treasury for a credit to cover such expected excess, and the Provincial Treasury may, in the manner prescribed in subsections (1) and (2), grant the necessary credit and cause the moneys in question to be transferred in the following financial year.

(9) An accounting officer shall limit the amount of his requisition on the Provincial Treasury for credits to the amounts which in his opinion are essential to meet his current monthly disbursements, and the Provincial Treasury shall, subject to the provisions of section 8 (1), grant credits to the extent of such amounts and to such extent only.

(10) A Provincial Treasury limits the amount of its requisitions on the Provincial Treasury for credits in respect of moneys accruing to it in terms of section 155 (2) (e) of the Constitution as a charge against the National Revenue Account, to amounts necessary to defray its current expenditure, and the Treasury, subject to the provisions of section 8 (1) of the National Exchequer Act, 1994, grant credits for such amounts.

(11) Notwithstanding anything to the contrary contained in this section, the Provincial Treasury may, on a requisition by the Secretary to the Provincial legislature, pay to the said Secretary the moneys appropriated for the services of the Provincial legislature, or which, by virtue of the provisions of section 7, may be utilized therefor, or are deemed to be appropriated therefor by law, and the Provincial Treasury shall for that purpose grant the said Secretary credits.

(12) The Provincial Treasury may temporarily utilize moneys in the Paymaster-General’s Account which in its opinion are available therefor—

(a) to grant advances to an accounting officer or a Secretary to the Provincial Legislature on such conditions as it may determine;

(b) to make transfers to the Provincial Exchequer Account for the purposes of the financing of anticipated deficits in that account, and moneys so transferred shall be deemed to be moneys borrowed in accordance with the provisions of section 19; and

10. Power of the Provincial Treasury to utilize moneys in the Provincial Exchequer Account for certain purposes.— (1) The Provincial Treasury may utilize available moneys in the Provincial Exchequer Account—

(a) for temporary investment in the Republic on such conditions as it may determine;

(b) for the payment of legitimate claims arising from a guarantee, an indemnity or a security furnished by or accruing to the Provincial Government; and

(2) The moneys utilized under subsection (1) for specific purposes, shall be deemed to have been appropriated for such purposes.

(3) The Member of the Executive Council responsible for the Provincial department concerned in a matter referred to in section 30, shall as soon as practicable lay upon the Table in the Provincial legislature a statement reflecting the utilization of moneys in terms of subsection (1) (b).

11. Authority for opening of bank accounts.—(1) An account in respect of provincial revenue may only be opened on the written authority of the Provincial Treasury at a bank and where an account has been so opened, the relevant bank shall not allow the account to be overdrawn subject to section 157 (2) of the Constitution.

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(2) The Provincial Treasury shall annually revise the allocation of banking accounts to a bank in respect of the Provincial Exchequer Account and Paymaster-General Account in consultation with the South African Reserve Bank.

12. Establishment of trading and related accounts.—(1) The Provincial Treasury may authorize an accounting officer to establish trading and related accounts in respect of services and goods supplied by his department to itself, to another department or any other institution.

(2) Expenditure in respect of the supply of services and goods referred to in subsection (1), as determined by the Provincial Treasury, shall be financed from moneys in the accounts—

(a) which have been appropriated by the Provincial legislature;

(b) which, notwithstanding anything to the contrary in this Act or any other law contained, have been received in payment of services and goods referred to in subsection (1);

(c) which have been obtained from the sale of redundant and unserviceable supplies related to the supply of the services and goods in question;

(d) which have been obtained with the concurrence of the Provincial Treasury from any other source.

(3) The Provincial Revenue Fund shall be credited with any profit a the end of a financial year and any loss shall be made good from appropriated moneys.

13. Systems of bookkeeping and accounting.—The Provincial Treasury may, after consultation with the Auditor- General—

(a) prescribe particular systems of bookkeeping and accounting which have not been prescribed by the Treasury and in terms of section 12 of the National Exchequer Act, 1994, which accounting officers shall follow; and

(b) give guidance, in such manner as it deems necessary, to Accounting officers in connection with the systems of bookkeeping and accounting prescribed by the Treasury and Provincial Treasury.

14. Accounting for Provincial Exchequer Account, and preparation of statements.—(1) The Provincial Treasury shall account for the Provincial Exchequer Account and shall keep such accounts and records as are necessary to exercise proper control over the Provincial Revenue Fund.

(2) The Provincial Treasury shall as soon as practicable after the end of each month, cause statements to be published in the Provincial Gazette showing the receipts into and transfers from the Provincial Exchequer Account during the period from the first day of the relative financial year to the end of that month as well as the balances in the Provincial Exchequer Account at the beginning and at the end of such period.

(3) As soon as practicable after the accounts in respect of any financial year have been closed, but in any case within five months after the close of a financial year, the Provincial Treasury shall prepare statements, as prescribed by the Treasury of—

(a) the Provincial Exchequer Account;

(b) the Provincial Revenue Fund;

(d) the Provincial debt and the amount of debt created and redeemed during the financial year;

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(e) the interest and dividends received in the accounts of the Provincial Revenue Fund and the interest paid on the Provincial debt;

(f) all other moneys controlled by the Provincial Treasury.

(4) The Provincial Treasury shall within the period referred to in subsection (3), also prepare statements, in support of the Provincial Revenue Fund in respect of the financial year in question, of the receipts under the various headings shown in the estimates of revenue and of the transfers from the Provincial Exchequer Account on account of each of the votes shown in any appropriation Act for that year.

(5) The Provincial Treasury shall transmit the statements referred to in subsections (3) and (4) to the Auditor-General for examination as soon as they have been prepared.

15. Appropriation Accounts.—(1) An accounting officer shall as soon as possible, but not later than four months after the close of a financial year, prepare and transmit to the Auditor-General for examination, an appropriation account in respect of such year and in respect of each vote under his control and shall at the same time send a copy thereof to the Provincial Treasury: Provided that the Auditor-General may, in any case where in his opinion it is justifiable, grant extension for the submission of the required account, for such period as in his opinion is necessary for the completion thereof.

(2) In an appropriation account an accounting officer shall in respect of each main division of a vote specify —

(a) on the receipts side thereof the amount appearing for the financial year in question-

(i) in the estimates of expenditure and adjustments estimate; and

(ii) authorizations granted in terms of section 7 which have not been appropriated in terms of subsection (2) of that section: Provided that it is clearly distinguished between the receipts referred to in paragraphs (i) and (ii).

(b) on the expenditure side thereof the amount actually expended during the same period: Provided that the amount of any advance by an accounting officer to defray expected expenditure which is not supported by acceptable expenditure vouchers, shall not be included on the expenditure side.

(3) Each appropriation account rendered to the Auditor-General shall be accompanied by-

(a) explanations of the causes of variation, in excess of two per cent, between expenditure and the amount contemplated in subsection (2) (a);

(b) an indication of the amount of any surplus to be surrendered or of any deficit;

(d) an indication of the aggregate of any balance in a suspense account which may be chargeable to the vote.

(4) Appropriation account and particulars furnished in terms of this section shall be signed by the accounting officer.

(5) (a) Whenever a person is charged under section 17 (1) with the responsibility of accounting for State moneys and State property in respect of any particular portion of a vote, the particulars relating to that portion shall be dealt with separately in the appropriation account in respect of the vote in question.

(b) A person referred to in paragraph (a) shall furnish the accounting officer concerned with sufficient particulars so as to enable him to comply with the provisions of subsections (1), (2) and (3).

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16. Accounting officer.—(1) There shall be an accounting officer for each vote who shall be charged with the responsibility of accounting for all State moneys received, all payments made by him and the acquisition, receipt, custody and disposal of all State property.

(2) An accounting officer shall exercise the powers conferred upon him and perform the duties assigned to him by law, by financial regulation, by Treasury Instructions or by the Provincial Treasury.

(3) Unless otherwise directed by the Provincial Treasury, the accounting officer for—

(a) the vote or votes of a department shall be the head of the department appointed for that department.

(b) a statutory body for which no accounting officer has been designated under the provisions of any other law, the chief executive officer of such statutory body.

(4) During the absence of an accounting officer his powers shall be exercised and his duties performed by the officer acting in his place.

17. Responsibility of accounting for State moneys and State property by a person who is not an accounting officer.— (1) The Provincial Treasury may notwithstanding the provisions of section 16 charge a person who is not an accounting officer with the responsibility of accounting for—

(a) State moneys received and paid out by that person;

(b) State property acquired, received, kept or disposed of by that person, in connection with a trading and related account, established under section 12 (1), or a particular portion of a vote whereof accounts are kept separately.

(2) Whenever a person is charged under subsection (1) with the responsibility of accounting for State moneys and State property in respect of trading and related account or any particular portion of a vote, the Provincial Treasury may assign to such person any or all of the powers and duties referred to in section 16 (2) which an accounting officer may exercise or is required to perform in respect of such trading and related account or portion of a vote.

(3) A power or duty assigned to a person under subsection (2) shall be exercised or performed by such person in respect of the said trading and related account or portion of a vote to the exclusion of the accounting officer responsible for the vote of which that trading and related account or portion forms part.

(4) Whenever a person referred to in subsection (1) is absent, his powers shall be exercised and his duties performed by the person acting in his place.

CHAPTER II

RAISING AND GRANTING OF PROVINCIAL LOANS

18. Power of responsible Member to borrow moneys on behalf of the Province.—(1) The responsible Member may at any time, subject to the provisions of section 157 of the Constitution—

(a) raise loans redeemable within twelve months to meet current expenditure subject to such reasonable conditions as may be prescribed by an Act of Parliament;

(b) raise loans within the framework of reasonable norms and conditions prescribed by an Act of Parliament to meet capital expenditure.

(2) Subject to the provisions of this Act or any other law, a department shall not borrow any moneys on behalf of the Province and shall not, without the approval of the Provincial Treasury, accept any financial assistance from any person.

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19. Method of raising loans.—(1) The responsible Member may, in exercising his borrowing powers terms of section 18, borrow moneys by—

(a) entering into an agreement with banks and financial institutions registered in the Republic or outside; or

(b) making issues of public stock and bonds and issuing treasury bills;

on such terms and conditions as he may deem fit, and may furnish any security required to be lodged therefor or which is considered to be necessary: Provided that the period for currency of any treasury bill shall not exceed twelve months: Provided further that the responsible Member shall not guarantee a loan unless the Financial and Fiscal Commission has verified the need for such a guarantee and has recommended that it be given.

(2) The responsible Member may also borrow moneys in terms of section 17 by accepting from the Bank, at its request, moneys on investment by making available special issues of stock on such conditions regarding interest, period of currency and issue price, as he may determine.

(3) Any amount borrowed in terms of a power conferred by this Act, and the interest on any amount so borrowed, shall be chargeable to and payable from the Provincial revenue and assets of the Province.

(4) Agreements entered into in terms of subsection (1) (a) (i) and the securities issued under such agreements, and securities for loans negotiated in terms of subsections (1) and (2), shall be signed by the responsible Member or any person authorised thereto in writing by that Member.

(5) Agreements entered into in terms of subsection (1) (a) may provide that any moneys borrowed thereunder may at any time during the currency of the agreement be repaid in whole or in part and that any amount so repaid shall again be available for drawing in terms of that agreement.

20. Expenditure in connection with loans.—(1) Whenever, in raising any loan, the gross amount of the moneys borrowed is reduced by any costs, including any discount and commission, such costs shall be deemed to be expenditure chargeable to the Provincial Revenue Account and the net amount so borrowed shall be increased by the amount of such costs.

(2) (a) The interest payable on any Provincial debt, and any exchange rate losses, commission, management charges and other costs incurred in respect of moneys borrowed in terms of this Act, shall be paid by the Provincial Treasury from the Provincial Revenue Account.

(b) Any amounts payable during a financial year in respect of interest and other charges contemplated by paragraph (a) in connection with the debt of the Province and in respect of which a credit was obtained out of the Provincial Exchequer Account, shall be deemed to be amounts of actual expenditure on those services, even if, at the close of the financial year in question, the first mentioned amounts have not actually been paid to the persons to whom they are due.

(3) Moneys required for expenditure and payments as contemplated by subsections (1) and (2), shall be deemed to have been appropriated by law.

21. Provisions applicable to issues of stock.—(1) The public stock which the responsible Member may issue in terms of section 19 (1) (b), shall be either internal stock or external stock, and such internal stock shall be either internal inscribed stock or internal registered stock.

(2) The Provincial Treasury shall keep registers in which shall be entered in respect of each issue of stock—

(a) the name and address of each holder of such stock;

(b) the amount of stock held by each holder; and

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(3) (a) Internal inscribed stock shall be transferable by way of entry, mutatis mutandis in accordance with the provisions of subsection (2), in the registers kept in respect of such stock by the Provincial Treasury in terms of that subsection.

(b) Any entry made, by virtue of the provisions of subsection (2) or paragraph (a) of this subsection, in any register kept by the Provincial Treasury in respect of internal inscribed stock, shall be prima facie evidence of the title of a person to such inscribed stock as have been entered opposite his name as holder thereof.

(4) Internal registered stock shall be transferable by a securities transfer form in terms of the Companies Act, 1973 (Act 61 of 1973), and the stock certificate which the Treasury issues in respect thereof shall be prima facie evidence of the title of the person mentioned therein as the holder of the stock in question, to such stock.

(5) Subject to the provisions of subsection (6), the Provincial Treasury shall issue—

(a) to a person, upon payment to the Provincial Treasury of the full amount of any internal registered stock allocated by the Provincial Treasury to such person on application by him, a stock certificate for the full amount of such stock;

(b) to the transferee a stock certificate for the full amount of any internal registered stock transferred by the Provincial Treasury to his name by means of a securities transfer form lodged with the Provincial Treasury and accompanied by the relevant stock certificate which had been issued in the transferor’s name.

(6) External stock may-

(a) be transferred by a written instrument in the acceptable or general form applicable in the country in which the stock is issued;

(b) at the request of a holder of such stock, be converted by the Provincial Treasury, in its discretion, into internal registered stock at such value as the Provincial Treasury may determine and subject to the relevant conditions prescribed at the time of the issue thereof.

22. Repayment of loans and consolidation or repurchase of issued securities.—(1) The Provincial Treasury may prior to the due date, unless it is inconsistent with any conditions of issue or agreement, or on the due date, repay any moneys borrowed in terms of this Act, and any moneys so repaid shall be deemed to have been appropriated by law,

(2) The Provincial Treasury may prior to the due date of a security, notwithstanding the conditions of issue thereof, make an offer to the holders of such securities as may be determined by the Provincial Treasury to exchange such securities on a voluntary basis to the Provincial Treasury for the cancellation and repayment thereof or for the conversion thereof into a new issue, and money so repaid, shall be deemed to be appropriated by law.

(3) Money repayable in terms of subsections (1) and (2) during a financial year and in respect of which a credit was obtained out of the Provincial Exchequer Account shall be deemed to represent actual expenditure during that financial year, even if at the close of that financial year that amount of money has not actually been paid to the persons to whom it is due.

(4) Any moneys borrowed in terms of this Act and not claimed by the person entitled thereto within a period of six years from the date on which he became entitled to claim such moneys, shall be paid into the Provincial Revenue Fund: Provided that moneys so paid into that Fund and subsequently claimed by or on behalf of the person entitled thereto, may be paid by means of a drawback from current revenue accruing to the Provincial Revenue Account.

23. Use of the words "local stock" or "local registered stock".—The words "local stock" and "local registered stock" when used in a law in relation to stock issued by the Province, shall be construed as meaning "internal stock" as contemplated in this Act.

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24. Determining of interest rates and other terms and conditions of Provincial loans granted and debts owing to the Province.—(1) The responsible Member shall from time to time determine a standard interest rate which shall be applicable to loans granted by the Province out of the Provincial Revenue Fund, and, subject to any provision to the contrary in any law contained, interest shall be paid at that rate on loans so granted.

(2) The responsible Member may determine that any such loan and debt referred to in subsection (6) shall be subject to such other terms and conditions as may be specified by him, and, subject to any provisions to the contrary in any law contained, such terms and conditions shall apply in respect of such loans and debts.

(3) If the responsible Member is of the opinion that the circumstances warrant it, he may, on such terms and conditions as he or she may determine, approve that interest be paid on a loan at a rate lower than the said standard interest rate and determined by him or her, or that no interest shall be payable thereon, and the said Member may at any time withdraw any such approval or vary any terms and conditions or rate of interest so determined by him or her.

(4) Whenever moneys are paid out of the Provincial Revenue Fund as permanent capital the responsible Member shall determine the rate at which interest shall be paid thereon, or may determine that no interest shall be payable thereon, and subject to any provision to the contrary in any law contained, interest at such rate shall be paid on such capital, or as the case may be, no interest shall be payable thereon.

(5) Whenever a loan granted out of the Provincial Revenue Fund, is paid by means of various drawings on different dates, the interest rate applicable to any particular drawing shall, subject to any provision to the contrary in any law contained, be the standard interest rate or the rate approved in terms of subsection (3), as the case may be, which is in force on the date on which that drawing is effected.

(6) The responsible Member shall from time to time determine a uniform interest rate which shall be applicable to debts to the Province created otherwise than by the granting of a loan out of the Provincial Revenue Fund, and, subject to any provision to the contrary in any law contained, interest shall be paid at that rate on such debts: Provided that the responsible Member may, subject to any provision to the contrary in any law contained, determine that another interest rate or no interest shall be payable in respect of certain categories of such debts.

(7) The rate of interest applicable to a loan or permanent capital granted by the Province before commencement of this Act, or any other debt which arose prior to the said commencement, shall, subject to any provision to the contrary in any law contained, remain in force in respect thereof after the said commencement and, in the case of a loan or debt, until such loan has been redeemed or such debt has been paid.

25. Loans and grants to statutory bodies.—(1) A statutory body may from time to time be paid from the Provincial Revenue Fund such moneys as have been appropriated out of that Fund by Provincial Legislature as a loan or grant to such statutory body for its capital requirements or to meet its operational expenditure.

(2) Moneys appropriated out of the Provincial Revenue Fund to any statutory body, shall be obtained by requisition on the Provincial Treasury, and the Provincial Treasury shall determine in which instalments and on which dates the moneys requisitioned shall be paid to such statutory body and whether it shall be paid—

(a) from moneys obtained by the issue of stock or from loans negotiated in terms of an agreement with the object of obtaining capital for the purposes of such statutory body as well as other purposes; or

(b) from other available moneys, if moneys referred to in paragraph (a) are not available: Provided that if any moneys are so paid, a corresponding amount shall be paid into the account in question when moneys obtained as contemplated by paragraph (a) become available.

(3) A statutory body shall pay such interest on the loans granted to it under subsection (1) as the responsible Member may under section 24 determine.

(4) Save as may be otherwise agreed between any particular statutory body and the Provincial Treasury the total amount of interest due by such statutory body in terms of subsection (3) in respect of a financial year, shall be paid to the

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Provincial Treasury in twelve more or less equal monthly instalments.

(5) A statutory body shall be liable for—

(a) such percentage of the Provincial Treasury’s direct raising and management costs in respect of any stock or loan out of which an amount has been paid to the statutory body in terms of subsection (2) (a) and (b), as is equal to the percentage which the amount so paid constitutes of the total proceeds of the stock or loan; and

(b) so much of the annual costs of the Provincial Treasury in connection with the administration of loans, as the Provincial Treasury may from time to time determine.

(6) In this section "stock" includes debentures and bonds.

CHAPTER III

GENERAL FINANCIAL CONTROL

26. Other powers of the Provincial Treasury.—(1) Subject to the provisions of this Act and any other law, the Treasury shall have the power to:

(a) give guidance in, and exercise control over, State moneys and other State property to bring about the systematic and orderly management thereof and to promote efficiency and economy in the utilization thereof;

(b) direct that such expenditure of the Provincial Revenue Account as it may determine shall not be incurred without its approval having been obtained;

(c) approve fees or other charges or the rates, scales or tariffs of fees of other charges not fixed or capable of being fixed by or in terms of any law and relating to revenue accruing to or expenditure from the Provincial Revenue Fund, and to direct that no such fee or charge or rate, scale or tariff thereof shall be introduced before the approval of the Provincial Treasury has been obtained;

(d) grant approval for the rendering of a free service;

(e) grant approval for the write-off of a loss of State money and other State property;

(f) grant approval for the variation or cancellation of contracts to the detriment of the State;

(g) require accounting officers to submit particular inputs in respect of budget matters to it, and in respect of such inputs—

(i) to analyze and advise the responsible member on it; or

(ii) make it or processed information thereof available to the Treasury on its request;

(h) require any accounting officer to submit to it information, returns, documents, explanations and motivations in regard to any matter affecting State moneys or other State property of the province;

(i) grant approval for the settlement of a claim by or against the Province or for the waiver of a claim by the Province;

(j) authorize or condone non-compliance by an accounting officer with an instruction or other written request, stipulation or condition of the Provincial Treasury in connection wit h any matter;

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(k) investigate, and inspect systems for the control over, and administration of, State moneys and other State property of the Province and prescribe additional systems, other than those referred to in section 13;

(l) determine against which vote or sub-division thereof expenditure on a service should be charges;

(m) determine the terms and conditions on which revenue due to the Province may be paid and on which State moneys of the Province may be disbursed;

(n) approve remissions, as an act of grace, of moneys due to the Province;

(o) approve refunds of revenue to the Province as an act of grace;

(p) approve payments, as an act of grace, from State money of the Province;

(q) approve gifts of State moneys of the Province and other movable State property of the Province or the acceptance of gifts to the Province;

(r) approve the alienation, letting or other disposal of movable State property of the Province;

(s) afford guidance in the handling of and exercise control over all trust money and trust property temporarily deposited or left in the care of an accounting officer or other person in the service of the Province;

(t) give guidance in the application of norms and standards prescribed by the Treasury in respect of improvements to immovable property financed in full or in part from the Provincial Revenue Fund;

(u) approve acceptance of sponsorships to the Province;

Provided that when the amount involved in any case contemplated in paragraph (n), (o), (p) or (q), other than any such case in connection with movable State property, exceeds R100 000 or relates to a tax, other duty or impost imposed by law, such remission, refund, payment or gift shall not be made unless moneys for the purpose have been appropriated by the Provincial legislature: Provided further that if, in the opinion of the Provincial Treasury, the circumstances connected with the payment of any such tax, other duty or impost justify a refund as an act of grace of the whole or a portion of the amount in question, the Provincial Treasury may approve such refund to an amount, not exceeding R100 000, as a charge against the vote concerned.

(2) The Provincial Treasury may in its discretion approve the write-off of the whole or any portion of an amount owing to the Province by a person, if it is satisfied that—

(a) the amount is irrecoverable;

(b) recovery of the amount would be uneconomical;

(c) recovery of the amount would cause undue hardship to the debtor or his dependants because they are deprived of the minimum essential means of livelihood;

(d) the assets of the debtor or of the estate of the debtor, if he is deceased, (whether or not such assets are pledged to the State) are indispensable to his dependants or are of relatively little value, and the debtor or his estate, as the case may be is unable to pay the amount or any portion thereof, except by the disposal of such assets and such disposal would cause undue hardship; or

(e) it would be to the advantage of the Province to effect a settlement of its claim in question or to waive such claim.

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(3) Whenever a power is conferred by any law to determine any rate, scale, tariff, fee or charge for the purposes of any revenue accruing to, or expenditure from, the Provincial Revenue Fund, such a determination shall, notwithstanding the provisions of such law, not be made before the approval of the Provincial Treasury thereof has been obtained: Provided that the provisions of this subsection shall not apply to any tax or such a determination by the Premier.

(4) Where a voucher or other proof of receipt or payment is in any way defective or has been lost or destroyed and—

(a) the Provincial Treasury in the case of accounts of accounting officers and other persons in the service of the province;

(b) subject to the provisions of any other law, the executive authority of a statutory body, in the case of accounts of such statutory body,

is satisfied with the explanation of the responsible person, the Provincial Treasury, or the executive authority of a statutory body, as the case may be, may make an order dispensing with the production of a voucher or such other proof or may make such other order as may appear just in the circumstances.

27. Delegation of powers of the Provincial Treasury.—(1) The Provincial Treasury may on such conditions as it may determine, delegate to an accounting officer any power conferred upon it by section 26 (1), (2) or 29 (5).

(2) Where the Provincial Treasury has delegated any power under subsection (1), it may authorize the accounting officer concerned to delegate that power to the holder of any post designated by the Provincial Treasury.

(3) An accounting officer shall not be divested of any power delegated by him and may amend or withdraw any decision made in the exercise of that power.

(4) The Provincial Treasury shall not be divested of power delegated by it or under its authority and may amend or withdraw any decision made in the exercise of such power, including a decision of an accounting officer whereby a decision contemplated in subsection (3) is amended or withdrawn.

(5) Where any power has been delegated to the holder of a post, that power may be exercised by the person who for the time being performs the functions attached to such post.

28. Unauthorized expenditure.—(1) An expenditure shall be unauthorized if—

(a) a payment is made by an accounting officer without provision having been made therefor by or by virtue of the provisions of any law;

(b) a payment or part of a payment on a service authorized by an appropriation Act results in—

(i) the total amount appropriated for the vote concerned, regard being had to any increase referred to in section 6 (2), being exceeded;

(ii) a prohibition, by virtue of the provisions of section 5 (3), on the expenditure being brought to account as a final debit; or

(iii) the amount shown in "Column 2" of the schedule to an appropriation Act in respect of an increase referred to in section 6 (2) has not been made therefor;

(c) an accounting officer is unable to produce to the Auditor-General in respect of a payment an appropriate Provincial Treasury authority required in terms of the provisions of this Act or any other law;

(d) an accounting officer makes a payment inconsistent with a provision of any law.

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(2) Unauthorized expenditure contemplated in subsection (1) shall not form a charge against the Provincial Revenue Fund until-

(a) in the case of paragraph (a), (b) or (c), of that subsection the expenditure concerned has been authorized by law of the Provincial legislature; or

(b) in the case of paragraph (d) of that subsection, the expenditure concerned has been validated by law of the Provincial legislature.

(3) Unauthorized expenditure or any part thereof determined by the Provincial legislature which has not been authorized or validated as contemplated in subsection (2), shall, if the accounting officer cannot or is unwilling to recover the amount concerned from the beneficiary or the person responsible for the unauthorized expenditure, be recovered by the Provincial Treasury from the accounting officer.

(4) The provisions of paragraphs (a), (c) and (d) of subsection (1) shall mutatis mutandis apply in respect of the statutory body unless otherwise provided by law, and for the purposes of paragraph (c) a reference to Provincial Treasury authority shall be construed as a reference also to an authority of a member of the Executive Council, an Administrator or an executive authority or any other applicable authority, as the case may be.

(5) Unauthorized expenditure referred to in subsection (4) or any part thereof determined by the Provincial legislature shall not form a charge against a fund or account concerned until it has been authorized, validated or made available in accordance with the normal budgetary procedure applicable to the fund or account concerned: Provided that any unauthorized expenditure which has not been authorized or validated shall be recovered from the accounting officer if he cannot or is unwilling to recover the amount concerned from the beneficiary or the person responsible for the unauthorized expenditure.

29. Recovery of losses and damages.—(1) If a person who is or was in the employ of the Province and caused the Province a loss or damage because he—

(a) failed to collect State moneys for the collection of which he is or was responsible;

(b) is or was responsible for an irregular payment of State moneys or for a payment of such moneys not supported by a proper voucher;

(d) is or was responsible for a deficiency in, or for the destruction of, or damage to, State moneys, stamps, face-value documents and forms having a potential value, securities, equipment, stores or any other State property;

(e) due to an omission to carry out his duties or in a manner, is or was responsible for a claim against the Province;

the accounting officer concerned or the holder of a post designated by the Provincial Treasury shall determine the amount of such loss or damage or the amount necessary to replace State property in which there is a deficiency or which was destroyed, as prescribed by Treasury Instruction and, subject to the provisions of subsection (5), order , by notice in writing, the said person to pay to him, within thirty days from the date of such notice, the amount so determined.

(2) If a person who is in the employ of the Province and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount shall, subject to the provisions of subsections (4), (6) and (7), be deducted from his monthly salary: Provided that such deduction shall not in any month exceed one-fourth of his monthly salary, unless such a person agrees, in writing, that a larger amount may be deducted.

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(3) If a person who was in the employ of the Province and who has, in terms of subsection (1), been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the accounting officer concerned shall subject to the provisions of subsections (4), (6) and (7), recover such amount from the person concerned by legal process.

(4) If a person who has been ordered to pay an amount in terms of subsection (1) makes, within the period stipulated in the notice in question, an offer to pay the amount in instalments, the accounting officer, or the holder of a post designated by the Provincial Treasury, may allow payment in such instalments as he may consider reasonable: Provided that if the redemption of the amount in terms of the offer will not be effected within a period of twelve months calculated from the date on which the first instalment is payable, the approval of the Provincial Treasury shall be obtained for the payment thereof over a period in excess of the period mentioned, and the Provincial Treasury may determine the other terms and conditions subject to which the amount shall be paid.

(5) If for any reason whatsoever, an accounting officer, or the holder of a post designated by the Provincial Treasury, is of the opinion that an amount determined in terms of subsection (1) should not be recovered or should be recovered in part only from the person responsible therefor, he may request the Provincial Treasury to exempt that person from payment of the whole or a portion of such amount, and the Provincial Treasury may in its discretion approve of the whole or a portion of such amount not being recovered.

(6) A person who has in terms of subsection (1) been ordered to pay an amount may, within a period of thirty days from the date of such order, in writing request the accounting officer concerned, stating the grounds for his request, that a request as contemplated in subsection (5), be addressed to the Provincial Treasury, and if the accounting officer concerned refuses to address such a request to the Provincial Treasury or if the Provincial Treasury refuses to approve, as contemplated in the said subsection, of the whole or a portion of the amount in question not being recovered as requested, such person may within thirty days after he has been notified in writing of any such refusal, appeal against such refusal to the responsible member, and the responsible Member may, after such further investigation as he may deem necessary, dismiss the appear or order that the appellant be exempted either wholly or partly, according as he may consider fair and reasonable, from the payment of such amount.

(7) A person who has in terms of subsection (1) been ordered to pay an amount may, instead of appealing to the responsible Member under subsection (6), apply within a period of thirty days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it is not convince by the accounting officer concerned on the merits of the case that the order was rightly made or that that amount is correct, make an order setting aside such first-mentioned order or reducing that amount, as the case may be.

(8) If a person who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, it shall for the purposes of section 24 (6) be deemed that a debt is created to the Province.

30. Guarantees in respect of loans.—(1) If a responsible member in the Executive Council and, if he is not the member of the Executive Council responsible for financial affairs, also the member of the Executive Council responsible for financial affairs are convinced that there is compliance with the provisions of subsection (3), the said responsible member with the concurrence of the member of the Executive Council responsible for financial affairs, if he is not such responsible member, and after the provisions of section 157 (3) of the Constitution have been complied with, can from time to time, subject to the requirements of subsection (3) and the conditions which he may with the concurrence of the member of the Executive Council responsible for financial affairs, it he is not such responsible member, determine, including the waiver of such legal exceptions as he may deem fit, furnish a guarantee in respect of the financial obligations arising from a loan concluded or to be concluded by a local government or by a boards or body established by or under any law, hereinafter referred to as a body corporate situated within the said province.

(2) A guarantee which is to be furnished in terms of subsection (1) can only be considered by the responsible member and if he is not the member of the Executive Council responsible for financial affairs, also the member of the Executive Council responsible for the financial affairs, if the application for such a guarantee is accompanied by a written recommendation for the furnishing of such a guarantee by the executive authority of the local authority or body corporate to which the guarantee is to be furnished, as the case may be.

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(3) A guarantee furnished in terms of the provisions of subsection (1) must comply with the condition that—

(a) the proceeds of the loan so guaranteed—

(i) shall be employed in the public interest within the area under its jurisdiction by the local government in respect of whose loan a guarantee is to be furnished or within the area of the province or part thereof, by the body corporate;

(ii) shall not be employed for the financing of current expenditure, as defined for purposes of the Provincial Loans Act, 1994;

(iii) shall, in the case of a guarantee granted in respect of a loan by a local government, be employed in accordance with the provisions of any law passed in the said province covering borrowing by a local government; and

(iv) will be accounted for separately by the local government or body corporate concerned, as the case may be.

(b) the responsible member, on the basis of information supplied to him by the executive authority of the local government or body corporate concerned, as the case may be, satisfied himself as to the fact that-

(i) the funds which are required cannot be obtained by means other than a guaranteed loan;

(ii) no doubt reasonably exists that the local government or body corporate concerned will be able to comply with the conditions and obligations under which the loan will be granted;

(iii) the provisions of the loan agreement concerned—

(aa) complies with the generally accepted principles of loan agreements;

(bb) will be legally and technically correct; and

(cc) will fully enunciate the obligations of the provincial government which will act as guarantor and the manner in which expenditure which the said province may have to make in terms of the guarantee will be recovered;

(iv) taking into account the fact that a guarantee for the loan is required, the cost of the loan will at least be market related;

(v) the availability of the loan proceeds will not be prejudicial to financial discipline within the local government or by the body corporate concerned; and

(vi) if the loan is denominated and payable in rand, the proceeds shall not be expended on imported goods.

(4) The payment by a provincial government which acts as guarantor of legitimate claims arising from a guarantee furnished in terms of the provisions of subsection (1)-

(a) shall be deemed to have been appropriated for such purposes; and

(b) must be reported upon in the legislature of the province by the responsible member as soon as possible, but within six months after the making of such payment, and he shall simultaneously present to the said legislature a report containing the circumstances relating to the payment thus

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effected.

(5) The member of the Executive Council responsible for the financial affairs of a province shall as soon as possible, but in any case not later than six months after the closing of the financial year, cause a statement to be published in the Provincial Gazette indicating in respect of each guarantee furnished by the province in terms of subsection (1), the name of the local government or body corporate in respect of which a guarantee has been furnished, the amount of the commitments which may ensue from each such guarantee and, if foreign currency is so involved, the relative amount and the financial year in which the relative guarantee will expire.

(6) Notwithstanding anything to the contrary in this or any other law, a guarantee by a provincial government in respect of the financial obligations arising from a loan shall be furnished only in terms of this section and subject to the provisions of section 157 (3) of the Constitution.

(7) An obligation in respect of which a guarantee has been provided in terms of subsection (1) is in itself the unconditional and irrevocable obligation of the provincial government in the event of any non-compliance in respect of the first-mentioned obligation.

(8) The reference to "responsible member" in this section shall be deemed to be a reference to the member in the Executive Council who administers a department which is directly or indirectly involved with the matter underlying the expenditure of the proceeds of the loan in respect of which a guarantee is furnished in terms of subsection (1), and if the member in the Executive Council responsible for financial matters has any doubt as to who the responsible member is, the member of the Executive Council determined by the member of the Executive Council responsible for financial affairs.

31. Application of certain provisions concerning powers of responsible Member and delegation of his powers.— (1) Whenever a law requires a member of the Executive Council to do anything in or after consultation with or with the concurrence of the responsible Member such requirement shall, unless one of the Members concerned has otherwise directed, be deemed to have been complied with if consultation has taken place between the heads of the departments concerned or their representatives.

(2) Except in a case to which subsection (1) applies, the responsible Member may delegate to an officer in the department in which the provisions of this Act or any other law are administered by him, any power or function conferred on or assigned to him by this Act or such other law, in relation to the revenue, expenditure or property of the Province or a statutory body, with the exception of a power to make regulations and a power or function contemplated in sections 4 (3), 7, 18, 19 (1) and (2), 21, 24, 29 and 32 (3), but shall not thereby be divested of a power or function so delegated, and may amend or withdraw a decision of such an officer by virtue of any such delegation.

32. Regulations.—(1) The responsible member may make regulations which are not contrary to the Financial Regulations made in terms of the National Exchequer Act, 1994, and are applicable to the Province for—

(a) prescribing further duties and responsibilities of accounting officers;

(b) providing for the designation of officers as principal receivers of revenue and prescribing their duties and responsibilities as such;

(d) providing for the designation of officers or other persons as financial managers and of officers as departmental accountants and prescribing their duties and responsibilities as such;

(e) prescribing a system which shall be observed in regard to the collection, receipt, banking, custody, disbursement, disposal and control of, account for, and supervision over State moneys and the accounts kept in connection therewith;

(f) prescribing the conditions under which gifts to the Province may be accepted and utilized;

(g) which in his opinion may be necessary for the administration of Chapter II of this Act;

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(h) providing for the control over and stocktaking of securities, stamps and other State property;

(i) providing for the manner in which and procedures according to which accounting officers and the Provincial Treasury shall exercise the powers and perform the duties assigned to them by this Act;

(j) providing for the financial arrangements regarding a service rendered by one department to another;

(k) providing in general for the administration of the provisions and the achievement of the objects of this Act.

(2) Different regulations may under subsection (1) be made in respect of different categories of State moneys or other State property, or different categories of persons entrusted with the collection, receipt, banking, custody, disbursement, disposal and control of, accounting for and supervision over, State moneys and other State property.

(3) The responsible Member may, if in his opinion circumstances warrant it, provide that a regulation made under subsection (1) need not be complied with or need not be complied with to the extent determined by him.

(4) (a) Financial Regulations made in terms of section 38 (1) of the National Exchequer Act, 1994, which regulate matters in terms of section 41 of that Act applies to provinces, shall be complied with by provincial accounting officers.

(b) The Minister of Finance may, if in his opinion circumstances warrant it, provide that a Financial Regulation made under paragraph (a) need not be complied with by provincial accounting officers of certain provinces to the extent determined by him.

(c) The responsible Member may make additional Regulations on matters referred to in section 41 of the National Exchequer Act, 1994, which are not inconsistent with the Financial Regulations.

33. Instructions.—(1) The Provincial Treasury may from time to time issue instructions and other directives, which shall not be inconsistent with the Regulations, in regard to—

(a) any matter mentioned in section 26;

(b) any matter mentioned in section 32;

(c) the manner in which accounting officers shall make submissions to the Provincial Treasury and the persons by whom such submissions shall be signed;

(d) the administration in general, of the provisions of this Act and the Regulations and the achievement of the objects

(2) The Provincial Treasury may, if in its opinion circumstances warrant it, approve a departure from an instruction.

(3) (a) Treasury Instructions issued in terms of section 39 off the National Exchequer Act, 1994, which regulate matters contemplated in section 41 of the mentioned Act, further shall be complied with by accounting officers of provinces.

(b) a Provincial Treasury may issue further instructions and other directives to further regulate the matters of section 41 of the National Exchequer Act, 1994, provided that it shall not be inconsistent with the Treasury Instructions contemplated in paragraph (a).

34. Revenue Instructions.—An officer designated as principal receiver of revenue in terms of section 3 (2) (a) and the Regulations may from time to time, and shall whenever required by the Provincial Treasury to do so, issue to all persons who are responsible for the collection, control and disposal of any revenues in respect of which he is the principal receiver, or of such other revenues as the Provincial Treasury may determine, such instructions (entitled Revenue

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Instructions) as the Provincial Treasury may approve, or require him to issue in regard to such collection, control and disposal.

CHAPTER IV

MISCELLANEOUS

35. (1) Any action taken under a provision of any law applicable in the Province prior to the date of commencement of this Act which could taken under a provision of this Act, shall be deemed to have been taken under the corresponding provision of this Act.

(2) Until such time that the responsible Member makes new Regulations and Provincial Treasury Instructions under this Act, the Financial Regulations and Treasury Instructions made under sections 38 and 39, respectively, of the Exchequer Act, 1992, shall continue to apply.

(3) On the date of commencement of this Act, the Revenue Account maintained in terms of section 2 of the Exchequer Act, 1992, which was prior to such commencement kept in the Revenue Fund shall be closed and the Provincial Revenue Account credited with any credit balance and debited with any deficit in those accounts, in accordance with the provisions of section 240 (5) of the Constitution.

(4) The account maintained at the Bank in terms of section 3 (1) of the Exchequer Act, 1992, before the commencement of this Act shall continue to exist and shall as from such commencement be called the Provincial Exchequer Account.

36. Short title.—This Act shall be called the North West Provincial Exchequer Act, 1994.

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NORTH-WEST PROVINCIAL LEGISLATURE’S POWERS,

PRIVILEGES AND IMMUNITIES ACT

NO. 5 OF 1994

[ASSENTED TO 18 AUGUST, 1994] [DATE OF COMMENCEMENT: 19 AUGUST, 1994]

(English text signed by the Premier)

ACT

To confer certain powers, privileges and immunities upon the Provincial Legislature; to provide for certain matters in connection with the proceedings of the Provincial Legislature; and to provide for matters incidental thereto.

1. Definitions.—In this Act, unless the context indicates otherwise—

"committee" means any committee consisting of members of the Provincial Legislature and appointed for or in connection with the business and proceedings of the Provincial Legislature;

"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);

"journals" means the minutes of proceedings of the Provincial Legislature;

"member" means a member of the Provincial Legislature and includes a member of the Executive Council;

"officer of the Provincial Legislature" means the Secretary to the Provincial Legislature, and any other person who may be appointed to the staff of the Provincial Legislature;

"Provincial Legislature" means the Provincial Legislature mentioned in section 125 of the Constitution;

"Secretary" means the Secretary to the Provincial Legislature or the person acting as such on the authority of the Speaker;

"Speaker" means the person elected in terms of section 131 (1) of the Constitution to be the Speaker or Deputy Speaker of the Provincial Legislature;

"standing orders" means the rules and orders made by the Provincial Legislature in connection with the conduct of its business and proceedings under section 137 (1) of the Constitution.

2. Freedom of speech and debate.—(1) Subject to the standing orders there shall be freedom of speech and debate in or before the Provincial Legislature and any committee, and such freedom shall not be impeached or questioned in any court.

(2) Anything said by any member in or before the Provincial Legislature or a committee, whether as a member or as a witness, shall be deemed to be a matter of privilege as contemplated in section 7.

(3) The provisions of subsection (1) shall not apply to any person, other than a member, giving evidence before the Provincial Legislature or any committee.

3. Power to regulate internal affairs.—The Provincial Legislature shall have full power to control, regulate and dispose of its internal affairs.

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4. Powers and jurisdiction of Provincial Legislature.—For the purposes of this Act the Provincial Legislature shall, subject to the provisions of this Act, possess such powers and jurisdiction as may be necessary for enquiring into, judging and pronouncing upon the commission of any act, matter or thing herein declared to be a contravention of this Act, and imposing and carrying into execution the punishment provided therefor by this Act.

5. Rights and privileges of Provincial Legislature sitting as court.—The Provincial Legislature sitting as a court shall, subject to the provisions of this Act, have all such rights and privileges of a court of law as may be necessary for the purpose of summarily enquiring into and punishing any act, matter or thing herein declared to be a contravention of this Act.

6. Speaker or committee may act on behalf of Provincial Legislature.—(1) Any act which may under a provision of this Act be performed by the Provincial Legislature, may be performed by the Speaker or a committee consisting of members of the Provincial Legislature, if authorized thereto by the Provincial Legislature.

(2) For the purposes of the performance of an act by the Speaker or any such committee under subsection (1), the Speaker or such committee shall have the powers, rights, privileges and jurisdiction with which the Provincial Legislature is vested in terms of this Act for the performance of that act.

7. Stay of proceedings in connection with matter of privilege.—At any stage of any civil or criminal proceedings instituted for or on account of or in respect of any matter of privilege, upon production to the court or judge by the defendant or accused, of a certificate by the Speaker stating that the matter in question is one which concerns the privilege of the Provincial Legislature, that court or judge shall immediately stay such proceedings, which shall thereupon be deemed be finally determined.

8. Members and officers exempted from certain obligations.—(1) No member or officer of the Provincial Legislature shall be required, while in attendance on the Provincial Legislature, to attend as a witness in any civil proceedings in any court unless that court holds its sittings at the seat of the Provincial Legislature.

(2) No civil proceedings in which a member or officer of the Provincial Legislature is a defendant shall, while that member or officer is in attendance on the Provincial Legislature, be brought to trial in a court that holds its sittings elsewhere than at the seat of such legislature.

(3) A certificate by the Speaker stating that a member or officer of the Provincial Legislature is in attendance on the Provincial Legislature shall be sufficient proof of such attendance.

9. Members not liable to proceedings.—Notwithstanding the provisions of this or any other Act, no member shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything which he or she has said, produced or submitted in or before or to the Provincial Legislature or any committee thereof or by reason of anything which may have been revealed as a result of what he or she has said, produced or submitted in or before or to the Provincial Legislature or any committee thereof.

10. Persons not liable for acts done under authority of Provincial Legislature.—No person shall be liable in damages or otherwise for any act done under the authority of the Provincial Legislature and within its legal powers, or under any warrant issued by virtue of those powers.

11. Provincial Legislature empowered to punish for contempt.—(1) The Provincial Legislature may, for or in respect of any offence mentioned in subsection (3), whether committed by a member or by any other person, summarily impose a penalty for contempt by a fine or otherwise as provided by the standing orders of the Provincial Legislature or by this Act.

(2) If any fine or penalty imposed in terms of subsection (1) is not immediately paid or undergone the offender shall be committed to the custody of the person in charge of any prison or of an officer of the Provincial Legislature in such place as the Provincial Legislature may direct, for a period ending not later than the last day of the current session or until the payment is made or the punishment is undergone.

(3) The offences referred to in subsection (1) shall be—

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(a) disobedience to any order made by the Provincial Legislature or any committee duly authorized thereto, for the attendance before or the production of any paper, book, record or document to the Provincial Legislature or committee, except where the person concerned has been excused from such attendance or production in terms of section 21;

(b) refusing to be examined before, or to answer any lawful and relevant question put to the Provincial Legislature or any committee unless such refusal has been excused in terms of section 21;

(d) offering to or acceptance by any member or officer of the Provincial Legislature of a bribe to influence him in his conduct as such member or officer, or offering to or acceptance by any member or officer of the Provincial Legislature of any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any Bill, resolution, matter, rule or thing submitted or proposed to be submitted to the Provincial Legislature or any committee;

(e) assaulting, obstructing or insulting any member proceeding to or going from the Provincial Legislature, or on account of his conduct in the Provincial Legislature, or endeavouring to compel any member by force, insult or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the Provincial Legislature;

(f) assault upon, interference with or resistance to an officer of the Provincial Legislature in the execution of his duty or while proceeding to or going from the Provincial Legislature in the course of or in connection with his official duties;

(g) sending any threatening letter to a member or challenging him to fight on account of his conduct in the Provincial Legislature;

(h) while the Provincial Legislature is sitting, creating or joining in any disturbance in the Provincial Legislature or in the vicinity of the Provincial Legislature, whereby the proceedings of the Provincial Legislature are or are likely to be interrupted;

(i) tampering with, deterring, threatening, beguiling or in any way unduly influencing any witness in regard to evidence to be given by him or her before the Provincial Legislature or any committee;

(j) presenting to the Provincial Legislature or any committee any false, untrue, fabricated or falsified document with intent to deceive the Provincial Legislature or committee;

(k) prevarication or other misconduct as a witness before the Provincial Legislature or any committee;

(l) the publication of any false or scandalous libel on any member touching his conduct as a member; and

(m) any contempt from time to time set forth, and declared to be such, in the standing orders.

12. Member not to vote upon any matter in which he has direct pecuniary interest.—(1) Subject to the provisions of subsection (3), a member shall not in or before the Provincial Legislature or any committee vote upon or take part in the discussion of any matter in which he has a direct pecuniary interest.

(2) Any member who contravenes the provisions of subsection (1) may be found guilty of contempt of the Provincial Legislature and be liable to the penalties provided in this Act for such contempt.

(3) The provisions of subsection (1) shall not apply to any vote or discussion concerning any remuneration or allowance to be received by members in their capacity as such, or to any interest which a member may have in any matter in common

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with the public generally or with any class or section thereof.

13. Issue of warrant for arrest and imprisonment.—For the purposes of any punishment for any of the contempts of the Provincial Legislature mentioned in this Act the Speaker may issue a warrant under his hand for the arrest and imprisonment of any person sentenced to imprisonment or who fails to pay a fine or undergo a punishment to which he has been sentenced.

14. Form of warrant.—(1) Every warrant referred to in section 13 shall contain a statement that the person contemplated therein has been found guilty of contempt of the Provincial Legislature and shall specify the nature of such contempt.

(2) Any such warrant shall be sufficient if it can be reasonably inferred therefrom that the person contemplated therein has been found guilty of any of the contempts of the Provincial Legislature mentioned in this Act, and it shall not be necessary to observe any particular form in any such warrant.

15. Arrest without warrant.—Any person creating or joining in any disturbance in the Provincial Legislature during its actual sitting may be arrested without warrant on the verbal order of the Speaker, and may be kept in the custody of an officer of the Provincial Legislature designated by the Speaker until a warrant can be issued for his imprisonment.

16. Execution of warrants and verbal orders.—Every sheriff and his deputies and their officers and all police officers, constables and other persons shall assist in the arrest and detention of any person in pursuance of any such verbal order as is referred to in section 15 and shall aid and assist in the execution of any warrant issued in terms of section 13 or 30 and where any such warrant directs that the person mentioned therein shall be imprisoned in any gaol or other place, the person in charge thereof shall on production to him of such warrant receive such person into his custody in the said gaol or other place and there imprison him according to the tenor of the warrant.

17. Breaking open of doors and searching of premises in execution of warrants.—Any person charged with or assisting in the execution of any warrant under the hand of the Speaker may, in day time, break open any door or search any premises in which the person for whose arrest such warrant was issued may be or may reasonably be suspected of being concealed.

18. Order to attend before Provincial Legislature or committee.—(1) The Provincial Legislature or any committee authorized to require the attendance of persons or the production of documents or papers, may order any person to attend before the Provincial Legislature or committee and to produce any paper, book, record or document in his possession or under his control.

(2) No member or officer of Parliament shall in pursuance of any request—

(a) in the case of a member or officer of the Senate, attend before the Provincial legislature or a committee thereof without the consent or order of the Senate or during an adjournment of the Senate, of the President or, in his absence or other incapacity, the Deputy President; or

(b) in the case of a member or an officer of the National Assembly, attend before the Provincial Legislature or a committee thereof without the consent or order of the National Assembly or, during an adjournment of the National Assembly of the Speaker.

19. Summonsing of witnesses.—(1) An order to attend or to produce any document before the Provincial Legislature or any committee shall be notified to the person required to attend or to produce the document by a summons under the hand of the Secretary issued on the direction of the Speaker.

(2) In every summons referred to in subsection (1), there shall be stated the time and the place at which the person summonsed is required to attend, and the particular document, if any, which he is required to produce.

(3) A summons referred to in subsection (1) shall be served on the person contemplated therein either by delivering to him in person a copy thereof or by leaving such copy with some adult person at such first-mentioned person’s usual or last known place of residence in the Republic.

(4) A person summonsed in terms of subsection (3) may be paid such sum of money for his expenses as may be approved

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by the Speaker in accordance with the standing orders.

20. Examination of witnesses.—(1) The Provincial Legislature or any committee may require that any fact, matter or thing relating to the subject of enquiry before the Provincial Legislature or that committee be verified or otherwise ascertained by the oral examination of any witness, and may cause any such witness to be examined upon oath which the Speaker, the chairman of such committee or a person specially designated by the Speaker for that purpose, may administer: Provided that any person who is in terms of any provision of this Act required to make and subscribe an oath may in lieu of such oath make and subscribe a solemn affirmation in a corresponding form.

(2) The rules relating to privileged evidence which are observed by the Supreme Court of South Africa shall be observed in the case of evidence before the Provincial Legislature or any committee.

21. Refusal to answer questions or to produce documents.—If any person ordered to attend or to produce any paper, book, record or document before the Provincial Legislature or any committee, refuses to answer any question that may be put to him or to produce any such paper, book, record or document, on the ground that it is of a private nature and does not affect the subject of enquiry, the Speaker or the chairman of such committee, as the case may be, may report such a refusal with the reasons therefor, and the Provincial Legislature may thereupon excuse such person from answering that question or producing that paper, book, record or document, or order that he be required to answer that question or produce that paper, book, record or document.

22. False answers to questions.—Any person who, after being duly cautioned as to his liability to punishment under this section, whether or not he has been sworn or has made a solemn affirmation, wilfully and corruptly gives before the Provincial Legislature or any committee a false answer to any question which is material to the subject of enquiry and which may be put to him in the course of any examination, shall be guilty of an offence and liable on conviction by any court of competent jurisdiction to the penalties prescribed by law for perjury.

23. Stay of proceedings for anything said by witness or anything done by witness and disclosed by his evidence.—(1) If, a witness before the Provincial Legislature or any committee in the opinion of the presiding officer, answers fully and faithfully all questions put to him by the Provincial Legislature or committee and his replies are relevant to such questions, he shall be entitled on application to receive a certificate under the hand of the presiding officer and did so answer all such questions: Provided that in the case of a witness before a committee, such certificate may be signed by the Speaker.

(2) (a) On production of such certificate in any court of law, such court shall stay any civil or criminal proceedings, except for a charge of perjury, against such witness for anything said by him in the course of giving evidence before the Provincial Legislature or any committee or for any act or thing done by him before that time and revealed by his evidence, and may in its discretion award to such witness the expenses to which he may have been put in consequence of such civil or criminal proceedings.

(b) Proceedings which have been so stayed shall thereupon be deemed to be finally determined.

24. Giving of evidence elsewhere of proceeding before Provincial Legislature or committee.—(1) No member, officer of the Provincial Legislature or reporter employed to take minutes of evidence given before the Provincial Legislature or any committee, shall give evidence elsewhere in respect of the contents of any evidence given or of any manuscript or document laid before the Provincial Legislature or any committee, or in respect of any or examination at the Bar of the Provincial Legislature or before any committee, without first having obtained the special leave of the Provincial Legislature.

(2) After a dissolution or during a recess or an adjournment of the Provincial Legislature such leave may be given by the Speaker.

25. Certain persons prohibited from receiving compensation for promotion of or opposition to proceedings in Provincial Legislature.—(1) No member and no attorney, law agent or Parliamentary agent who in the practice of his profession is a partner or in the service of any member, shall accept or receive, either directly or indirectly, a fee, compensation, gift or reward for or in respect of the promotion of or opposition to any Bill, resolution, matter, rule or thing submitted or proposed to be submitted to the Provincial Legislature or any committee for its consideration.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction by

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a court of competent jurisdiction to a penalty not exceeding five thousand rand and in addition to repay the amount or the value or the fee, compensation, gift or accepted or received by him.

26. Admissibility.—Upon any enquiry relating to or affecting the powers, privileges and immunities of the Provincial Legislature or of any member, any copy of the journals printed or purporting to have been printed by order of the Provincial Legislature or the Speaker, shall be admitted as evidence of such journals in all courts and places in the Republic without any proof being given that such copy was so printed.

27. Penalty for printing or tendering in evidence matter falsely purporting to have been printed under authority of Provincial Legislature.—Any person who prints or causes to be printed as purporting to have been printed by the Government Printer or the Printer of the Provincial Legislature or by order or under the authority of the Provincial Legislature, any committee or the Speaker, a copy of any law in force or a copy of any report, paper, minutes or minutes of proceedings of Parliament or any committee that have not been so printed, or who tenders in evidence any such copy as purporting to have been so printed, knowing that it was not so printed, shall be guilty of an offence and liable upon conviction by a court of competent jurisdiction to imprisonment for a period not exceeding three years.

28. Protection as regards publications of Provincial Legislature.—A defendant or an accused in civil or criminal proceedings instituted for or on account or in respect of the publication by him or his servant, by order or under the authority of the Provincial Legislature, any committee or the Speaker, of any report, paper, minutes or minutes of proceedings, may, on giving to the plaintiff or the prosecutor, as the case may be, twenty four hours’ written notice of his intention to do so, bring before the court in which such civil or criminal proceedings are being held, a certificate under the hand of the Speaker or the Deputy Speaker stating that the report, paper, minutes or minutes of proceedings in respect of which such proceedings have been instituted, were published by such person or his servant by order or under the authority of the Provincial Legislature, any committee or the Speaker, together with an affidavit verifying such certificate, and such court shall thereupon immediately stay such civil or criminal proceedings which, together with every process issued therein, shall thereupon be deemed to be finally determined.

29. Protection as regard publishing of extracts from publications of the Provincial Legislature.—If in any civil or criminal proceedings instituted for publishing any extract from or abstract of any report, paper, minutes or minutes of proceedings referred to in section 28, the court is satisfied that such extract or abstract was published bona fide and without malice, shall be entered for the defendant or accused.

30. Imprisonment for contravention of Act.—(1) Any person found guilt of a contravention of this Act may, in addition to any other penalty to which he is liable under this Act or any other law, be sentenced to imprisonment for such period during the then current session of the Provincial Legislature as the Provincial Legislature may determine.

(2) A person imprisonment in terms of subsection (1) shall be imprisoned under warrant given under the hand of the Speaker

(3) The provisions of sections 14 and 15 shall mutatis mutandis apply to warrants given under this section.

31. Prosecution before courts of law for contravention of Act and recovery ofpenalties. —(1) The attorney-general within whose area of jurisdiction a contravention of or offence under this Act has taken place may, if requested to do so by resolution of the Provincial Legislature cause any person accused of such contravention or offence to be summonsed for preparatory examination before the court of competent jurisdiction over such person for such examination with a view to prosecution before the appropriate provincial or local division of the Supreme Court of South Africa, and any such division shall in such a case have and exercise the powers and jurisdiction conferred by this Act or any other law.

(2) All penalties and other moneys payable under this Act may be recovered in the provincial or local division of the Supreme Court of South Africa having jurisdiction, at the suit of the Secretary if authorized by the Provincial Legislature to take proceedings for the recovery thereof.

(3) Any sum or recovered and any fine imposed for a contravention of or offence under this Act which is recovered shall be paid into the Consolidated Revenue Fund.

32. Application of Act in case of committee meeting beyond seat or during recess of Provincial Legislature.—In so far as may be necessary for the achievement of the objects of this Act in the case of a committee which in terms of any

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authority conferred upon it performs its functions beyond the seat of the Provincial Legislature or while the Provincial Legislature is prorogued, the provisions of this Act shall apply as if the premises in which the committee meets for the performance of its functions were within the precincts of the Provincial Legislature, or as if the Provincial Legislature were in session, as the case may be.

33. Removal of Secretary from office.—The Secretary shall be removed from office only in accordance with a resolution adopted by the Provincial Legislature.

34. Extent of privileges and powers of Provincial Legislature, members and officers.—Save as is otherwise expressly provided by this Act, the Provincial Legislature, a member and an officer of the Provincial Legislature, respectively, shall have all such powers, privileges and immunities as at the time of the promulgation of the Constitution were applicable in the case of the House of Assembly referred to in the Republic of South Africa Constitution Act, 1961 (Act 32 of 1961), and any member or officer thereof, and also such privileges, immunities and powers as are from time to time conferred by any law of Parliament or the Provincial Legislature.

35. Privileges and powers to be part of law.—The privileges, immunities and powers of the Provincial Legislature, a member and an officer of the Provincial Legislature respectively, shall be part of the law of the Republic, and it shall not be necessary to plead them, but they shall be judicially noticed in all the courts of the Republic.

36. Short title.—This Act shall be called the North West Provincial Legislatures Powers, Privileges and Immunities Act, 1994.

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NORTH-WEST PROVINCIAL RECONSTRUCTION AND

DEVELOPMENT PROGRAMME FUND ACT

NO. 6 OF 1994

[ASSENTED TO 25 AUGUST, 1995] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1995]

(English text signed by the Premier)

ACT

To provide for the establishment of a Provincial Reconstruction and Development Programme Fund and for matters incidental thereto.

1. Definitions.—In this Act, unless the context otherwise indicates—

"financial year" means the period extending from 1 April in any year to 31 March in the next succeeding year;

"fund" means the Provincial Reconstruction and Development Programme Fund established by section 2; and

"responsible Member" means the member of the Executive Council responsible for Finance.

2. Establishment of Provincial Reconstruction and Development Programme Fund.—There is hereby established a fund to be known as the Provincial Reconstruction and Development Programme Fund, which shall be credited with—

(a) money appropriated by the North West Provincial Legislature for the fund;

(b) domestic and foreign grants;

(d) the proceeds derived from the sale of state assets for the purposes referred to in section 3; and

(e) money accruing to the fund from any other source.

3. Utilisation of money of fund.—Subject to the approval of the Executive Council, the money of the fund shall be utilised—

(a) for the purposes specified in an Act of the Legislature of the North West that provides for the implementation of the Provincial Reconstruction and Development Programme; and

(b) for the defraying of costs incidental to the administration of this Act.

4. Banking account.—A banking account in the name of the fund shall be kept with a banking institution decided upon by the responsible Member—

(a) into which all money received for the benefit of the fund shall be deposited; and

(b) from which transfers shall be made to the Provincial Revenue Fund for the financing of the purposes referred to in section 3.

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5. Unspent money.—The executive authorities at provincial level that had been allocated money from the fund shall at the end of each financial year surrender unexpended money to the fund.

6. Control and administration of fund.—(1) The Head of the Department of Finance: North West Province shall be the accounting officer of the fund and shall, subject to the directions of the responsible Member—

(a) control the fund;

(b) cause a proper record of all the financial transaction, assets and liabilities of the fund to be kept; and,

(c) cause, as soon as possible after the end of each financial year, accounts of the revenue and expenditure of the fund for such year and a balance sheet of its assets and liabilities as at the end of that year, to be prepared.

(2) The fund shall be administered subject to the provisions of the North West Provincial Exchequer Act, 1994 (Act 4 of 1994), by officials of the Department of Finance: North West Province designated by the responsible Member.

7. Audit.—The accounts and balance sheet referred to in section 6 (1) shall be audited by the Auditor-General.

8. Investment of money not immediately required.—(1) Any money of the fund which is not required for immediate use may be invested with the Public Investment Commissioners or with a financial institution approved by the responsible member and may be withdrawn when required.

(2) Any unexpended balance of the money of the fund at the end of any financial year shall be carried forward as a credit of the fund to the next succeeding financial year.

9. Short title.—This Act shall be called the North West Provincial Reconstruction and Development Programme Fund Act, 1994.

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NORTH-WEST TOURISM COUNCIL AMENDMENT ACT

NO. 7 OF 1994

[ASSENTED TO 25 AUGUST, 1994] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1994]

(English text signed by the Premier)

as amended by

North West General Law Amendment Act, No. 21 of 1994

ACT

To amend the Bophuthatswana Tourism Council Act, 1989; so as to change the name of that body to "North West Tourism Council" and, with the view to giving effect to such change, to effect such amendment to that Act (including the short title) as may be necessary; to change the designation of "Minister" to "responsible Member"; in section 2 so as to change composition of the Council; in section 5 to further empower the responsible Member to remove a director from office; in section 23 to require the Member of the Executive Council for Finance and Provincial Expenditure to guarantee a loan subject to the provisions of section 157 (3) of the Constitution of the Republic of South Africa, 1993; to insert a new section 30A providing for the extension of the application of this Act to the whole territory of North West; and to provide for incidental matters.

1. Substitutes section 1 of the North West Tourism Council Act, No. 7 of 1989.

2. Substitutes section 2 of the North West Tourism Council Act, No. 7 of 1989.

3. Substitutes section 3 of the North West Tourism Council Act, No. 7 of 1989.

4. Substitutes section 4 of the North West Tourism Council Act, No. 7 of 1989.

5. Substitutes section 5 of the North West Tourism Council Act, No. 7 of 1989.

6. Amends section 20 of the North West Tourism Council Act, No. 7 of 1989 by substituting subsections (4) and (5).

7. Substitutes section 23 of the North West Tourism Council Act, No. 7 of 1989.

8. Substitutes section 24 of the North West Tourism Council Act, No. 7 of 1989.

9. Amends section 26 of the North West Tourism Council Act, No. 7 of 1989 as follows:– paragraph (a) amends subsection (2), paragraph (b) amends subsection (3) and paragraph (c) substitutes subsection (4).

10. Substitutes section 29 of the North West Tourism Council Act, No. 7 of 1989.

11. Amends the North West Tourism Council Act, No. 7 of 1989 by adding section 30A.

12. Substitutes section 32 of the North West Tourism Council Act, No. 7 of 1989.

13. Amends the North West Tourism Council Act, No. 10 of 1992 by generally substituting the terms "Minister", "Minister of Finance", "chairman", "vice-chairman", "Republic", "he", "his", "him" and "himself" for the terms "responsible Member", "Member of the Executive Council for Finance and Provincial Expenditure", "chairperson",

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"vice-chairperson", "Province", "he or she", "his or her", "him or her" and "himself or herself" respectively.

14. Short title.—This Act shall be called the North West Tourism Council Amendment Act, 1994.

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NORTH-WEST HOTELS AMENDMENT ACT

NO. 8 OF 1994

[ASSENTED TO 25 AUGUST, 1994] [DATE OF COMMENCEMENT; 2 SEPTEMBER, 1994]

(English text signed by the Premier)

ACT

To generally amend the Hotels Act, 1980 so as to substitute the terms "Board", "Minister", "Minister of Finance" and "Gazette" for the terms "Council", "responsible Member", "Member of the Executive Council for Finance and Provincial Expenditure" and "Provincial Gazette" in section 29 to require the Member of the Executive Council for Finance and Provincial Expenditure to guarantee a loan subject to the provisions of section 157 (3) of the Constitution of Republic of South Africa Act, l993; to insert a new section 37A providing for the extension of the application of this Act to the whole territory of North West; and to provide for incidental matters.

1. Amends section 1 of the North West Hotels Act, No. 13 of 1980 as follows:– paragraph (a) amends the definition "accommodation establishment", paragraph (b) deletes the definition "Board", paragraph (c) inserts the definition "Council", paragraph (d) deletes the definition "Minister" and paragraph (e) inserts the definition "responsible Member".

2. Substitutes section 29 of the North West Hotels Act, No. 13 of 1980.

3. Amends the North West Hotels Act, No. 13 of 1980 by adding section 37A.

4. Substitutes section 38 of the North West Hotels Act, No. 13 of 1980.

5. Amends the North West Hotels Act, No. 13 of 1980 by generally substituting the terms "board", "he", "his", "him" "himself", "Minister", "Minister of Finance" and "Gazette" for the terms "Council", "he or she", "his or her", "him or her", "himself or herself", "responsible Member", "Member of the Executive Council for Finance and Provincial Expenditure" and "Provincial Gazette" respectively.

6. Short title.—This Act shall be called the North West Hotels Amendment Act, 1994.

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NORTH-WEST HOUSING CORPORATION AMENDMENT ACT

NO. 9 OF 1994

[ASSENTED TO 31 AUGUST, 1994] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1994]

(English text signed by the Premier)

ACT

To amend the Bophuthatswana Housing Corporation Act, 1982, so as to change the name of that body to "North West Housing Corporation" and, with the view to giving effect to such change, to effect such amendment to that Act (including the short title) as may be necessary; in section 3 to change the composition of the Board and to dissolve the existing Board; in section 4 to further empower the responsible Member to remove a member of the Board from office; in section 5 to provide for the suspension of a member pending inquiry or investigation; to further provide for circumstances under which a person is disqualified from being appointed or remaining a member of the Board; in section 10 to empower the responsible Member to call for an emergency meeting of the Board under certain circumstances; in section 12 to determine the quorum at a meeting of the Board; in section 13 to require a member to disclose an interest in any matter forming the subject of deliberation in a meeting of the Board; in section 18 to provide for the appointment of the General Manager and Acting General Manager by the responsible Member; to insert a new section 18A regarding the conditions of service of other staff of Corporation; in section 19 to further regulate the powers, functions and duties of the Corporation; to insert new sections 19A, 19B and 19C providing for the establishment, constitution and Regulations of the Housing Tender Board; in section 24 to provide for the guarantee of a loan by the Member of the Executive Council for Finance and Provincial Expenditure subject to the provisions of section 157 (3) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993); in section 27 to further provide for the financial accountability of the Board; in section 28 to empower the responsible Member to appoint an auditor to conduct an interim audit of the Corporation’s financial books and statements; to insert a new section 31A providing for the application of the Act to the whole territory of the North West; and to provide for incidental matters.

1. Amends section 1 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) inserts the definitions "Constitution" and "Executive Council", paragraph (b) substitutes the definition "house", paragraph (c) substitutes the definition "local authority", paragraph (d) deletes the definition "Minister", paragraph (e) inserts the definitions "Province" and "responsible Member", paragraph (f) deletes the definition "Republic", paragraph (g) substitutes the definition "statutory corporation" and paragraph (h) substitutes the definition "the Corporation".

2. Substitutes section 3 of the North West Housing Corporation Act, No. 9 of 1994.

3. Substitutes section 4 of the North West Housing Corporation Act, No. 9 of 1994.

4. Substitutes section 5 of the North West Housing Corporation Act, No. 9 of 1994.

5. Substitutes section 6 of the North West Housing Corporation Act, No. 9 of 1994.

6. Amends section 7 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) (i) amends subsection (1), paragraph (a) (ii) substitutes subsection (1) (c) and (d), and paragraph (b) substitutes subsection (2).

7. Amends section 8 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) amends subsection (1), paragraph (b) substitutes subsection (2) and paragraph (c) amends subsections (3), (4) and (5).

8. Amends section 7 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) amends subsection (1), paragraph (b) substitutes subsection (2) and paragraph (c) inserts subsection (3).

9. Amends section 12 of the North West Housing Corporation Act, No. 9 of 1994 by substituting subsection (1).

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10. Amends section 13 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) substitutes substitutes subsection (1) (b) and paragraph (b) substitutes subsection (2).

11. Substitutes section 15 of the North West Housing Corporation Act, No. 9 of 1994.

12. Substitutes section 16 of the North West Housing Corporation Act, No. 9 of 1994.

13. Substitutes section 18 of the North West Housing Corporation Act, No. 9 of 1994.

14. Amends the North West Housing Corporation Act, No. 9 of 1994 by adding section 18A.

15. Substitutes section 19 of the North West Housing Corporation Act, No. 9 of 1994.

16. Amends the North West Housing Corporation Act, No. 9 of 1994 by adding sections 19A, 19B and 19C.

17. Amends section 20 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) substitutes substitutes subsection (1) (f), paragraph (b) amends subsection (1) (i) and (j), paragraph (c) amends subsection (1) ( k), (1) (k), paragraph (d) amends subsection (1) (l) and paragraph (e) substitutes subsection (1) (o).

18. Amends section 21 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) substitutes substitutes paragraph (a), paragraph (b) substitutes paragraph (b) and paragraph (c) amends paragraph (c).

19. Substitutes section 23 of the North West Housing Corporation Act, No. 9 of 1994.

20. Amends section 24 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) amends subsection (2) and paragraph (b) amends subsection (3).

21. Substitutes section 25 of the North West Housing Corporation Act, No. 9 of 1994.

22. Amends section 26 of the North West Housing Corporation Act, No. 9 of 1994.

23. Substitutes section 27 of the North West Housing Corporation Act, No. 9 of 1994.

24. Amends section 28 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) substitutes substitutes subsections (1) and (2), paragraph (b) amends subsection (3) and paragraph (c) inserts section 2A.

25. Substitutes section 29 of the North West Housing Corporation Act, No. 9 of 1994.

26. Amends section 30 of the North West Housing Corporation Act, No. 9 of 1994 as follows:– paragraph (a) amends subsections (1), paragraph (b) inserts subsection (1A) and paragraph (c) substitutes subsections (2) and (3).

27. Amends the North West Housing Corporation Act, No. 9 of 1994 by adding section 31A.

28. Substitutes section 32 of the North West Housing Corporation Act, No. 9 of 1994.

29. Amends the North West Housing Corporation Act, No. 9 of 1994 by generally substituting the terms "Republic", "Minister", "Minister of Finance", "Bophuthatswana", "Parliament" or "National Assembly", "chairman" and "vice- chairman", "he", "him", "his" and "Gazette" or "Government Gazette" for the terms "Province", "responsible Member", "Member of the Executive Council for Finance and Provincial Expenditure", "North West", "Provincial Legislature", "chairperson" and "vice-chairperson", "he or she", :him or her", "his or her" and "Provincial Gazette", respectively.

30. Short title.—This Act shall be called the North West Housing Corporation Amendment Act, 1994.

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MMABANA CULTURAL FOUNDATION AMENDMENT ACT

NO. 10 OF 1994

[ASSENTED TO 30 AUGUST, 1994] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1994]

(English text signed by the Premier)

as amended by

North West General Law Amendment Act, No. 21 of 1994

ACT

To amend the Mmabana Cultural Foundation Act, 1987; in section 3 so as to change the composition of the Board of Trustees and to dissolve the present Board; in section 5 to make provision for the disqualification of a person from remaining or being appointed a trustee under certain circumstances; in section 6 to provide further for the removal of a trustee from office; in section 26 to provide that the responsible Member only guarantees a loan subject to the provisions of section 157 (3) of the Constitution of the Republic of South Africa Act, 1993; and generally to substitute some terms so as to bring them in line with the terms used in the Constitution; and to provide for incidental matters.

1. Substitutes section 3 of the Mmabana Cultural Foundation Act, No. 15 of 1987.

2. Amends section 5 of the Mmabana Cultural Foundation Act, No. 15 of 1987 as follows:– paragraph (a) amends paragraph (a), paragraph (b) substitutes paragraph (c) and paragraph (c) inserts paragraph (d).

3. Amends section 6 of the Mmabana Cultural Foundation Act, No. 15 of 1987 as follows:– paragraph (a) amends subsection (1) and paragraph (b) amends subsection (2).

4. Amends section 26 of the Mmabana Cultural Foundation Act, No. 15 of 1987 as follows:– paragraph (a) substitutes subsections (1) (a) and 1 (b), paragraph (b) amends subsection (1) (d), paragraph (c) amends subsection (1) (g), paragraph (d) amends subsection (3) and paragraph (e) substitutes subsections (4) and (5).

5. Amends the Mmabana Cultural Foundation Act, No. 15 of 1987 by generally substituting the terms "State President", "chairman", "vice-chairman", "Secretary for Finance" and "National Assembly" of the terms "Premier", "chairperson", "vice-chairperson", "Member of the Executive Council for Finance and Provincial Expenditure" and "Provincial Legislature", respectively.

6. Amends the Mmabana Cultural Foundation Act, No. 15 of 1987 by adding section 31A.

7. Short title.—This Act shall be called the Mmabana Cultural Foundation Amendment Act, 1994.

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NORTH WEST CONSUMER AFFAIRS AMENDMENT ACT

NO. 11 OF 1994

[ASSENTED TO 31 AUGUST, 1994] [DATE OF COMMENCEMENT: 2 SEPTEMBER, 1994]

(English text signed by the Premier)

as amended by

North West General Law Amendment Act, No. 21 of 1994

ACT

To amend the Consumer Affairs Act, 1984; in section 7 so as to change the composition of the Council, to dissolve the present Council and to further provide for circumstances under which a member may be removed from office; in section 34 to require the Member of the Executive Council for Finance and Provincial Expenditure to guarantee a loan subject to the provisions of section 157 (3) of the Constitution of the Republic of South Africa, 1993; to insert a new section 38A providing for the extension of the application of this Act to the whole territory of North West; and to provide for incidental matters.

1. Amends section 1 of the North West Consumer Affairs Act, No. 34 of 1984 as follows:– paragraph (a) deletes the definition "chairman", paragraph (b) inserts the definition "chairperson" and paragraph (c) substitutes the definitions "price" and "supplier".

2. Amends section 7 of the North West Consumer Affairs Act, No. 34 of 1984 as follows:– paragraph (a) substitutes subsections (1) and (2), paragraph (b) (i) amends subsection (3), paragraph (b) (ii) substitutes subsection (3) (b), (c), (d), (e) and (f), paragraph (b) (iii) inserts subsection 3 (g) and (h), paragraph (c) amends subsections (4) and (5) and paragraph (d) substitutes subsection (6)

3. Amends section 34 of the North West Consumer Affairs Act, No. 34 of 1984 as follows:– paragraph (a) (i) substitutes subsection (1) (a), paragraph (a) (ii) amends subsection (1) (g), paragraph (b) amends subsection (2), paragraph (c) substitutes subsection (3) and paragraph (d) amends subsection (4).

4. Amends the North West Consumer Affairs Act, No. 34 of 1984 by inserting section 38A.

5. Substitutes section 40 of the North West Consumer Affairs Act, No. 34 of 1984.

6. Amends the North West Consumer Affairs Act, No. 34 of 1984 by generally substituting the terms "Republic", "President", "he", "his", "him", "himself", "chairman", "Gazette", "Minister of Education", "Department of State", "acting chairman", "vice-chairman", "Parliament", "Secretary for Finance" and "National Assembly" for the terms "Province", "Premier", "he or she", "his or her", "him or her", "himself or herself", "chairperson", "Provincial Gazette", "Member of the Executive Council for Education, Training and Culture", "Provincial Department", "acting chairperson", "vice-chairperson", "Provincial Legislature", "Member of the Executive Council for Finance and Provincial Expenditure" and "Provincial Legislature", respectively.

7. Short title.—This Act shall be called the North West Consumer Affairs Amendment Act, 1994.

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THE HOUSE OF TRADITIONAL LEADERS FOR THE PROVINCE OF

THE NORTH WEST ACT

NO. 12 OF 1994

[ASSENTED TO 18 OCTOBER, 1994] [DATE OF COMMENCEMENT: 4 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To provide for the establishment, the composition and the election of representatives of the Provincial House of Traditional Leaders; to determine and regulate the privileges, immunities and powers of the House of Traditional Leaders; and to provide for incidental matters.

1. Definitions.—(1) In this Act, unless the context indicates otherwise—

"chairperson" means a chairperson of the House and includes a vice-chairperson as well as any member when such presiding at a meeting of the House or any committee thereof;

"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);

"Executive Council" means the Executive Council of the Province as referred to in section 149 of the Constitution;

"House" means the House of Traditional Leaders established in terms of section 2 (1);

"kgosi" or "kgosigadi" means the kgosi or kgosigadi of a tribe as an heir to bogosi who has been appointed by the family of bogosi in accordance with their succession;

"kgosana" means the head of an independent sub-tribe or a dependent sub-tribe or clan, appointed by the kgosi or kgosigadi or the independent sub-tribe or clan in accordance with the genealogical succession of such sub-tribe or clan;

"member" means a member of the House of Traditional Leaders;

"officer of the House" means the Secretary or any other person acting as an officer of the House under the orders of the chairperson within the precincts of the House, and includes any member of the Provincial Police Force on duty within the precincts of the House;

"precincts of the House" means the chamber of the House, and includes, while the House is in sitting, any other premises provided for the purposes of the House;

"Premier" means the Premier of the Province elected as contemplated in section 145 of the Constitution and includes the acting Premier referred to in section 148 of the Constitution;

"Province" means the Province of the North-West;

"regent" (motshwareledi) means a member of the family of bogosi who is the senior uncle of the kgosi or kgosigadi who takes bogosi in the absence of the kgosi or kgosigadi as a result of the death of a kgosi or kgosigadi;

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"region" means any region referred to in the Schedule to this Act;

"Secretary" means the Secretary of the House and includes an assistant Secretary;

"traditional authority" means a tribal authority or a community authority established by proclamation or other notice issued by—

(a) the person who immediately before the Constitution was—

(i) the State President of the Republic within the meaning of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983);

(ii) the President, Chief Minister or other chief Executive in a government under any other constitution or constitutional arrangement which was in force in an area which forms part of the Republic of South Africa;

(b) the Premier, and includes a tribal authority and a community authority referred to in the Traditional Authorities Act, 1978 (Act 23 of 1978);

"traditional leader" means a kgosi or a kgosana or a regent or a head of a tribe or village or a head of an area under traditional authorities; and

"visitor" means any person other than a member or an officer of the House, his or her representative, the Premier of the Province and any Member of the Provincial Legislature.

(2) (a) The powers, functions and duties lawfully exercised by traditional leaders at the date of the coming into operation of the Constitution, shall be and remain in force until varied or withdrawn by a competent authority.

(b) Traditional leaders shall continue to enjoy the personal status they have hitherto enjoyed and shall in regard to ceremonial and traditional matters and at ceremonial occasions within their areas take precedence over any person.

2. Establishment of Provincial House of Traditional Leaders.—(1) Subject to the Constitution there is hereby established a House of Traditional Leaders for the Province.

(2) For the purposes of this Act there is established in the Province the regions as mentioned in the Schedule to this Act.

3. Composition of House, disqualifications for membership of House, Removal from office and vacation of seat and filling of vacancies.—(1) The House shall consist of twenty-four members being—

(a) two dikgosi or dikgosigadi elected by the dikgosi or dikgosigadi from their number in each of the regions referred to in the Schedule;

(b) four persons by virtue of their expertise, experience knowledge of indigenous law and custom of the people of Province, appointed by the Executive Council.

(2) (a) The House shall function as Such for a period commencing on its establishment or reconstitution, and terminate on the date upon which the five year term of the Provincial Legislature is dissolved by section 128 (1) of the Constitution.

(b) The House shall be reconstituted in accordance with the provisions of subsection (1) within thirty days from the date on which its term of office has been terminated in terms of subsection (2) (a).

(3) The procedure to be followed to conduct an election referred to in paragraph (a) of subsection (1) shall be prescribed by the Premier from time to time.

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(4) Notwithstanding the provisions of this section, a person shall he disqualified from being elected or remaining a member of the House if—

(a) he or she is not a kgosi or kgosigadi, a kgosana or a regent;

(b) he or she is subject to an order of a competent court declaring him or her to be of unsound mind or mentally disordered or defective; or

(c) he or she has been convicted of any offence under this Act or of any offence whatsoever in respect of which he or she was sentenced to imprisonment without the option of a fine for a period of six months, irrespective of whether such imprisonment was wholly or partly suspended or not, unless he or she has received a grant of amnesty or a free pardon, or unless the period of such imprisonment or suspension has expired at least ten years before the date of his or her election.

(5) (a) The term of office of any member may before the expiration thereof be terminated by the House in consultation with the Executive Council (whereupon the member concerned shall be removed from office)—

(i) on account of his or her misconduct;

(ii) on account of unfitness for the duties of his or her office;

(iii) on the ground of a permanent infirmity of mind or body which renders him or her incapable of discharging the duties of his or her office or discharging them properly;

(iv) if he or she is or has become disqualified in terms of subsection (4).

(b) A member may at any time resign from the House upon two months’ written notice tendered to the chairperson.

(6) (a) The office of a member shall become vacant—

(i) when he or she dies;

(ii) when his or her written resignation tendered to the chairperson in terms of subsection (5) (b) becomes effective;

(iii) when his or her term of office is terminated in terms of subsection (5) (a);

(iv) if he or she is absent from three consecutive meetings of the House without the prior consent of the House or that of its chairperson;

(v) if he or she is a member by virtue of having been so elected in terms of section 3 (1) (a) and he or she ceases to be a kgosi or kgosigadi of a tribe.

(b) Any vacancy in the House shall be filled by the election of another member by the regional authority affected or the Executive Council thirty days after the occurrence of such vacancy, and any member so elected shall remain in office for the unexpired portion of his or her predecessor’s term of office.

4. Executive Committee.—(1) The members shall, within thirty days from the date of the establishment or reconstitution of the House as contemplated by subsection (2) (a) of section 3, elect from their number—

(a) one member as chairperson of the House;

(b) one member as vice-chairperson of the House; and

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(2) The members elected in terms of subsection (1) shall constitute the Executive Committee of the House and shall hold office for the same period as the term of office of the House as contemplated by section 3 (2) (a).

(3) The chairperson may at any time designate any of the members of the Executive Committee to perform such duties in connection with any portfolio which are within the powers and functions of the House in terms of this Act.

(4) The Executive Committee or any member thereof may execute such powers and perform such duties and functions as may be delegated by the House during any time whenever the House is not in session.

(5) The Executive Committee and any member thereof who has executed any power or performed any function or duty contemplated by subsection (4), shall submit a report for ratification of any such action taken to the House at the next session of the House.

(6) If the seat of any member of the Executive Committee becomes vacant in terms of the provisions of this Act before the expiry of his or her period of office his or her seat shall, for the remainder of such period of office, be filled by another member in terms of this Act as soon as may be reasonably practicable after the occurrence of such vacancy.

5. Sub-committees.—The House may appoint sub-committees from among the members and under the chairpersonship of any member of the Executive Committee to investigate any specific matter which is within the powers and functions of the House.

6. Powers and Functions of House.—(1) Subject to the provisions of section 183 of the Constitution, the House shall have the power to—

(a) consider and comment on any Bill of the Provincial Legislature and/or the National Assembly pertaining to traditional authorities, indigenous law or the traditions and customs of traditional communities within the Province;

(b) advise and make proposals to the Provincial Legislature, a member of the Executive Council or any department or institution in all matters pertaining to indigenous law, traditional authorities or the traditions and customs of traditional communities within the Province and, without prejudice to the generality of the aforegoing power, especially advise and make proposals in relation to matters in connection with—

(i) the powers and functions referred to in section 4 of the Traditional Authorities Act, 1978 (Act 23 of 1978);

(ii) the establishment and recognition of tribes and tribal authorities;

(iii) the establishment and dissolution of community authorities;

(iv) the appointment, recognition, deposition and discipline of traditional leaders;

(v) the delegation and devolution of powers and functions to traditional authorities;

(vi) the administration of justice within the areas of jurisdiction of traditional authorities;

(vii) the remuneration and privileges of traditional leaders;

(viii) the co-ordination of the developmental activities of Provincial government departments and institutions within the areas of jurisdiction of traditional authority;

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(ix) any other matter which may be referred to the House by the Premier or by the Provincial Legislature.

(2) A Bill contemplated in subsection (1) (a) shall be referred by the Speaker of the Provincial Legislature to the House for its comments before the Bill is passed by the Provincial Legislature.

(3) The House shall within 30 days as from the date of such referral, indicate by written notification to the Provincial Legislature its support for or opposition to the Bill together with any comments it wishes to make.

(4) If the House indicates in terms of subsection (3) that it is opposed to the Bill the Provincial Legislature shall not pass the Bill before a period of 30 days, as from the date of receipt by the Speaker of such written notification, has lapsed.

(5) If the House fails to indicate within the period prescribed by subsection (3) whether it supports or opposes the Bill the Provincial Legislature may proceed with the Bill.

7. Rules of procedure.—Subject to the provisions of the Constitution and subject to the approval of the Executive Council, the House may make rules reregulating the conduct of business and procedure in the House, including rules and orders regulating—

(a) the time and place at which the House shall meet: Provided that there shall be at least two sessions of the House during the course of each calendar year;

(b) the manner in which the views of the House shall be recorded and expressed;

· (c) the attire of the members of the House; and

(d) the language used by members.

8. House may transact business notwithstanding vacancies.—The House shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof including any vacancy not filled when the House is first constituted or is reconstituted at any time and any proceedings in the House shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the House or otherwise took part in the proceedings.

9. Remuneration of members of House.—There shall be paid out of and as a charge against the Provincial Revenue Fund to a member of the House such moneys as may be prescribed by an Act of the Provincial Legislature.

10. Immunity from legal proceedings.—No civil proceedings may be instituted against any member for words spoken before the House, or by reason of any matter or thing brought by him or her by motion or otherwise before the House.

11. Execution of process.—No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of the House while it is in session.

12. Freedom from arrest.—No member shall be liable to arrest—

(a) for any civil debt whilst going to, attending or returning from any meeting of the House,

(b) within the precincts of the House while it is in session for any criminal offence,

without the consent of the chairperson.

13. Control of entry.—(1) No visitor shall be entitled of right to enter or to remain within the precincts of the building.

(2) The chairperson may issue such orders as he or she may deem necessary for the regulation of the admittance of visitors to the precincts of the building.

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(3) Copies of any order issued as contemplated in subsection (2) shall be authenticated by the Secretary and shall be exhibited in a conspicuous place within the precincts of the building.

(4) The chairperson may at any time order any visitor to withdraw from the precincts of the building.

14. Offences relating to admittance.—Any person who being a visitor—

(a) enters or attempts to enter or refuses to withdraw from the precincts of the House in contravention of any order of the chairperson;

(b) fails or refuses to withdraw from the precincts of the House when ordered to withdraw therefrom by the chairperson; or

(c) contravenes any order made under the provisions of this Act, shall be guilty of an offence and on conviction be liable to pay a fine not exceeding two-hundred rand.

15. Other offences.—Any person who—

(a) offers to any member or officer of the House any bribe in order to influence such member or officer, as the case may be, in his or her conduct as such member or officer, or offers to any member or officer of the House any fee, compensation, gift or reward for or in respect of the promotion of or in opposition to any Bill or matter submitted to or intended to be submitted to the House;

(b) assaults, molests, insults, resists or obstruct any member of the House coming to, being within, or going from the precincts of the building or endeavours to compel any such member by force, insult or menace to declare himself or herself in favour of or against any proposition or matter pending in or expected to be brought before the House;

(d) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the House while it is in session;

(e) utters or publishes any false or scandalous defamatory matter concerning the House or upon any member or officer in his or her capacity as such member or officer;

(f) attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence any member in his or her vote, opinion, judgment or action, upon any question arising in the House, or to induce him or her to absent himself or herself from any sitting of the House; or

(g) threatens, assaults or insults any member or officer of the House on account of his or her conduct as such member or officer,

shall be guilty of an offence and, on conviction be liable to pay a fine not exceeding one thousand rand or imprisonment not exceeding twelve months.

16. Acceptance of bribes by members.—Any member who accepts or agrees to accept or obtains or agrees to obtain for himself or herself or for any other person any bribe, fee, compensation, reward or benefit of any kind for speaking, voting or acting as such member, or from refraining from so speaking, voting or acting, or on account of his or her having do spoken, voted or acted, or having so refrained, shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding one thousand rand or imprisonment not exceeding twelve months.

17. Printing or publishing of minutes or messages without authority prohibited.—Any person who—

(a) wilfully and unlawfully and without the majority of the House or the chairperson prints or

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publishes or causes to be printed or published any copy of any minute, report, decision or message of the House without the express authority of the House or the chairperson; or

(b) presents any print or publication as referred to in paragraph (a) as having been printed or published on the authority of the House or the chairperson, well knowing that it has not been so printed or published,

shall be guilty of an offence and, on conviction be liable to pay a fine not exceeding one thousand rand or to undergo imprisonment not exceeding twelve months.

18. Proof of authority for publication.—In any court of law, the production of a certificate under the hand of the chairperson together with an affidavit which verifies the authenticity of such certificate, shall be sufficient evidence of the fact that any print or publication referred to in section 17 has or has not been printed or published under the authority of the House or the chairperson.

19. Chairperson may order words out of order.—(1) If the chairperson under the provisions of the Rules of Procedure of the House, rules that any words used or uttered in any debate in the House to be out of order, the chairperson may order that such words, or any words arising out of them, shall not be published in any manner.

(2) Any person who publishes or prints any words which are the subject of any order made in terms of subsection (1), shall be guilty of an offence and, on conviction be liable to pay a fine not exceeding four hundred rand or to undergo imprisonment not exceeding four months.

20. Secretary and staff.—(1) The Executive Council shall appoint a person in Provincial Government as Secretary of the House and may assign such other staff as it may deem necessary to assist the Secretary in the performance of his or her duties.

(2) Any officer appointed in terms of subsection (1) shall be deemed to be an officer of the House.

21. Short title.—This Act shall be called the House of Traditional Leaders for the Province of the North West Act, 1994.

Schedule

REGIONS ESTABLISHED IN TERMS OF SECTION 2 (2).

(a) Bafokeng, consisting of the following districts—

Bafokeng, Koster, Rustenburg 1[8], Rustenburg 2[9], Ventersdorp, Potchefstroom and Klerksdorp;

(b) Mankwe, consisting of the district of Mankwe;

Taung, Bloemhof, Christiana, Schweizer-Reneke and Wolmaranstad;

(d) Odi, consisting of the following districts—

Odi, Brits [1] and Pretoria [7];

(e) Ditsobotla, consisting of the following districts—

Ditsobotla, Coligny, Delareyville [2] and Lichtenburg [4];

(f) Kudumane, consisting of the following districts—

Kudumane, Ganyesa, Kuruman [3] and Vryburg [1];

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(g) Lehurutshe, consisting of the district of Lehurutshe and shall include for the purposes of this Schedule, Zeerust or Marico in principle if Marico 1 or 2 is not Zeerust;

(h) Madikwe, consisting of the following districts—

Madikwe, Marico [6], Marico 2 and Swartruggens [10] with the exclusion of Zeerust;

(i) Moretele, consisting of the following districts—

Moretele and Warmbad [12];

(j) Molopo, consisting of the following districts—

Molopo and Mafikeng [5].

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NORTH-WEST CASINO, GAMING AND BETTING ACT

NO. 13 OF 1994

[ASSENTED TO 19 OCTOBER, 1994] [DATE OF COMMENCEMENT: 4 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

WHEREAS the right to levy taxes on casinos, gaming and betting in the North West vests exclusively in the Provincial Government of the North West in terms of section 156 (1B) of the South African Constitution, 1993;

AND WHEREAS the levying of such taxes has to be dealt with in terms of legislation of the Provincial Legislature;

AND WHEREAS the Provincial Legislature has recognized the need for legislation whereby casinos, gaming and betting are to be governed in the Province;

AND, HAVING NOTED with concern the need for such legislation in order to prevent the conducting of illegal betting activities in the Province;

NOW THEREFORE, the Premier and the Legislature of the North West Province enact as follows:—

DIVISION OF ACT

CHAPTER I

INTRODUCTORY PROVISIONS

1. Definitions.

CHAPTER II

NORTH WEST GAMING AND BETTING BOARD

2. Establishment of the North West Gaming and Betting Board.

3. Clerk of the Board.

4. Place of meetings of Board.

5. Quorum.

6. Procedure at meetings of Board.

7. Annual meeting of Board.

8. Interim meetings of Board.

9. Powers and functions of Board.

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10. Legal proceedings against Board.

CHAPTER III

CASINOS

11. Application for a casino licence.

12. Duration of licence.

13. Renewal of licence.

14. Application for transfer or removal of licence.

15. Form of application.

16. Inspection of, and objections to applications.

17. Report on application for new licence, transfer or removal of licence.

18. Transmission of application to the Board.

19. Appearance before the Board.

20. Calling for evidence by Board.

21. Offences by witnesses or persons called as witnesses.

22. Powers of Board to hear or take objections.

23. Review of Board’s proceedings.

24. Appeal from decision of Board.

25. Submission of application to the responsible Member.

26. Powers of Executive Council to grant new licence or authorize the renewal, transfer or removal of a licence.

27. Licence.

28. Licence fees.

29. Casino Levy.

30. Conditions of licence.

31. Revocation of licence.

32. Surrender of licence.

33. Issue of licences.

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34. Penalty for failure to take out a licence.

35. Penalty for delay in paying licence fee.

36. Penalty for delay in paying casino levy.

37. Licensee to make rules relating to method of playing games.

38. Prohibition of gaming by certain persons.

39. Prohibition of certain persons from entering casino.

40. Powers of police to enter casino.

41. Power to inspect.

42. Resistance against entry.

43. Licence fees to be deductable expenses.

44. Improper use of the word "casino".

45. Certain laws not applicable in respect of casinos.

46. Advertising.

47. Resort to be operated.

48. Regulations.

49. General offence.

50. General penalty.

51. Transitional Provisions.

CHAPTER IV

GAMING AND BETTING

52. Restriction of participation in unauthorised game of chance and presumptions thereof.

53. Prohibition of activities in relation to game of chance.

54. Prohibition in respect of playing of game of chance, and presumptions thereof.

55. Prohibition for keeping or use of pin-tables, machines, instrument, etc.

56. Licence to hold race meeting or trotting meeting.

57. Issue of licence authorising race meeting on race courses.

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58. Suspension or cancellation of race meeting licence.

59. Lapse of licence.

60. Duty to produce licence.

61. Admission to racecourse.

62. Tax on fees for admission to licensed race course.

63. Licence to hold race meeting on particular day.

64. Restriction on the holding of race meetings.

CHAPTER V

TOTALIZATORS

65. Authority to operate totalizator.

66. TAB North West may accept and settle totalizator bets.

67. Tax on totalizator transactions.

CHAPTER VI

TELETRACK

68. Establishment and conduct of teletrack, and licence.

CHAPTER VII

BETTING ROOMS

69. Authority to keep open betting room.

70. Restriction on betting room.

71. Betting roam levy.

CHAPTER VIII

BOOKMAKERS

72. Licensing of bookmaker.

73. Cancellation of bookmaker’s licence.

74. Bookmaker’s licence fee.

75. Restriction on business of a bookmaker.

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76. Tax on bookmaker business.

77. Submission of returns and payment of tax by bookmaker.

78. Bookmaker to furnish security for payment of tax.

CHAPTER IX

RESTRICTIONS ON BETTING AND ASSOCIATED ACTIVITIES

79. Restriction on betting.

80. Prohibition of advertisements relating to betting.

81. Restriction on betting through agents.

82. Prohibition of use of place other than betting premises for betting purposes.

CHAPTER IX

GENERAL PROVISIONS

83. Taxes, fees and penalties payable to Provincial Revenue Fund.

84. Inspection powers.

85. Offences and penalties.

86. Presumptions.

87. Regulations.

88. Responsible Member may enter into agreements.

89. Transitional Provisions.

90. Gambling debts enforceable.

91. Recommendations, guidelines by Lotteries and Gambling Board.

92. Repeal of Laws.

93. Short title.

CHAPTER I

INTRODUCTORY PROVISIONS

1. Definitions.—In this Act, unless inconsistent with the context —

"bet" means to stake any money or valuable thing by or on behalf of any person, or, expressly or impliedly, to undertake, promise, or agree to stake by or on behalf of any person, any money or valuable thing on the event or

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contingency of or relating to any horse race, cycle race, motor race, boat race, whippet race or any shooting, hunting, running or boxing contest or prize fight, or any cricket match, football match, or any other sport or game usually attended by members of the public;

"betting premises" means a racecourse when a race-meeting is being held thereon under authority of a race- meeting licence or a licence in terms of section 63 or premises kept open by TAB North West in terms of section 66, or a betting room;

"betting room" means premises in respect of which an authority granted in terms of section 69 is in force;

"Board" means the North West Gaming and Betting Board established in terms of section 2;

"Casino" means the business premises upon which gambling is conducted under a casino licence, and, in the event of more than one area on a business premises being utilised for gaming, "casino" shall mean such an area;

"casino licence" means a casino licence referred to in section 27;

"dividend" means the declared amount paid on a winning ticket calculated in accordance with totalizator principles and shall include the possibility of being the same amount as paid by the totalizator board at the race course or other venue hosting the sporting event;

"Executive Council" means the Executive Council of the North West Provincial Legislature;

"fixed odds bet" means a bet laid by a licensed bookmaker on one or more contingencies in respect of one or more sporting events where fixed odds are agreed upon when such bet is laid;

"floating branch" means a mobile unit utilised as an extension or a totalizator branch or a teletrack branch or as an independent totalizator or teletrack branch;

"game" means any game, irrespective of whether or not the result thereof is determined by chance, played with playing cards, dice, gaming machines or any other device or machine for money, property, cheques, credit or anything of value (other than opportunity to play a further game), including, without derogating from the generality of the foregoing, roulette, bingo, twenty-one, black jack, chemin de fer and baccarat;

"gaming" means the playing of any game;

"game of chance", includes a lottery, lotto, numbers game, scratch game, sweepstake, sports pool, gambling or wagering, or any similar game of chance or activity mentioned in this Act or elsewhere, but does not include any game conducted in a casino;

"gaming machine" means any equipment or mechanical, electro-mechanical or electronic device, component or machine, used remotely or directly in connection with a game and which brings about the result of a wager by determining win or loss;

"gaming room" means any room in the casino area;

"horse race" means a race in which an animal belonging to the equine species participates;

"licenced bookmaker" means a bookmaker who is the holder of a valid licence referred to in section 72 (1);

"opportunity to play a further game" means an opportunity which cannot be distributed or transferred to the person who has won such opportunity or to any other person, for any purpose other than to use such opportunity without any interruption to continue playing the type of game in respect of which the opportunity was won, and includes an opportunity which cannot in any manner, whether directly or indirectly, be converted into money, property, cheques, credit or anything of value.

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"place" means any place, whether or not it is a public place, and includes any premises, building, dwelling, flat, room, office, shop, structure, vessel, aircraft, or vehicle and any part of a place;

"prize" includes any movable or immovable property or any right thereto;

"race meeting" means a gathering of persons attending a horse race or a trotting race (irrespective of whether such race was run or not) if the date and place of such race has been made known by public advertisement or private invitation, but shall not include any such gathering at which less than four of the events are horse or trotting races;

"race meeting licence" means a licence referred to in section 57;

"racing club" means an association of persons, statutory or corporate body which is the holder of a race meeting licence referred to in section 57;

"receiver of revenue" means the officer acting as the collector of revenues for the Provincial Revenue Fund;

"regulation" means a regulation made in terms of this Act;

"resort" means a complex consisting of at least one five star hotel used for the purposes of entertainment, gambling, recreation sport and conference and which has the adequate infrastructure to accommodate such activities, and the facilities providing for these activities shall include at least one restaurant, one under roof entertainment area, casino area, one swimming pool dam for watersport, spas, one gymnasium, waterworks, gardens, landscaping, one eighteen hole golf-course, tennis courts, squash courts, playrooms for children, tar roads, parking areas, staff-quarters and facilities for the transport of guests, visitors and conference centres and shall be out of town and at least 200 kilometres from an existing resort unless the Board decided that an existing resort would not be detrimentally affected by a new resort closer than 200 kilometres;

"responsible Member" means the Member of the Executive Council, responsible for Economic Affairs;

"sporting event" means any race or football, cricket, hockey, tennis or baseball match or any boxing, wrestling, shooting or swimming contest, any foot, cycle, motor, boat, dog or horse or trotting race, tournament or game generally attended by public in the Republic of South Africa or elsewhere and includes a beauty or similar competition held in the Republic or elsewhere, in respect of which only a totalizator or licensed accept bets;

"TAB North West" means the Totalizator Agency Board for the North West;

"tattersalls club" means an association of persons established for the purpose of betting on sporting events at a place other than a race course;

"teletrack" means a television screen set up at any teletrack facility for which a licence has been obtained or at any outlet for the purpose of screening a sporting event to the public and shall include a simulcast;

"this Act" shall include any regulations made thereunder;

"ticket" means any symbol, sign, token, coupon, card, receipt, warrant or list or any other means or device of whatsoever nature purporting or intended to confer upon or to recognise in any person the right to compete for in or receive a prize or participate in any game of chance or receive a winning bet;

"totalizator" means any instrument, machine, contrivance or apparatus for registering or indicating or registering and indicating the number, amount or number and amount of bets on horses in any race or combination of races, and which is operated in accordance with a system of betting in which the aggregate amount staked on all horses in such race or combination races, after deduction from such aggregate amount of any amounts which may lawfully be deducted therefrom, whether under the Act or by agreement, is divided amongst those persons that have made winning bets on any horse or horses in such race or combination of races in proportion to the amounts staked by

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such person respect of such winning bets, and includes any scheme, form or system of betting, whether mechanically operated or rot, which is operated on similar principles; and

"totalizator licence" means a licence contemplated by section 65.

CHAPTER II

NORTH WEST GAMING AND BETTING BOARD

2. Establishment of the North West Gaming and Betting Board.—(1) There is hereby established a board, to be known as the North West Gaming and Betting Board, consisting of five members who shall be appointed by the responsible Member for a period of three years and of whom—

(a) one shall be from the gaming industry but not the holder of any direct or indirect interest in the gaming industry;

(b) one shall be from the legal profession;

(d) one shall be from the office of the receiver of revenue; and

(e) one shall be a person who in the opinion of the responsible Member is fit and. proper to be a member of the Board.

(2) The responsible Member shall designate the chairperson of the Board.

(3) No person shall be eligible for appointment as a member of the Board unless he or she is a citizen of the Republic of South Africa and ordinarily resident therein.

(4) A retiring member shall be eligible for reappointment.

(5) The responsible Member may at any time terminate the term of office of a member if there are in his or her opinion, good reasons therefor.

(6) When the office of a member of the Board becomes vacant due to death or termination of his or her appointment, before the expiration of the period for which he or she was appointed, the responsible Member may appoint any other person to fill the vacancy until the expiration of the period for which the retired member was appointed.

(7) When a member of the Board is absent or unable to carry out his or her duties, the responsible Member may appoint any other person to act as member in his or her place during his or her absence or inability.

(8) A member shall, in respect of any services rendered by him or her as a member of the Board, be paid such remuneration or allowance as may be determined from time to time by the responsible Member after consultation with the responsible Member for Finance.

(9) The decision of the majority of the members of the Board shall constitute the decision of the Board.

3. Clerk of the Board.—(1) The head of the Department: Economic Affairs, shall appoint an officer of the department to be the Clerk of the Board.

(2) The Clerk of the Board shall—

(a) keep a record of all the proceedings of the Board in terms of this Act;

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(b) perform the duties to be performed by him or her in terms of the provisions of this Act; and

(c) perform such other administrative duties as the responsible Member or the chairperson may from time to time assign to him or her in regard to any matter to which this Act relates.

4. Place of meetings of Board.—The Board shall hold its meetings at such place as the Chairperson may determine.

5. Quorum.—(1) Four members of the Board shall form a quorum: Provided that if the Chairperson is absent from any meeting of the Board, a member of the Board designated by the responsible Member shall act as Chairperson.

(2) If a quorum is not present at the commencement of the Board, such meeting shall stand adjourned until a quorum is present.

6. Procedure at meetings of Board.—(1) The annual meeting and all interim meetings shall be open to the public.

(2) Subject to any regulation, the order of business and the procedure at any meeting of the Board, including the examination and cross-examination of persons testifying before the Board, shall be as determined by the Board and it may at any time adjourn any meeting.

(3) All evidence before the Board shall be given on oath or affirmation to be administered by the Chairperson.

(4) The decision or opinion of the majority of the members present at any meeting of the Board shall be the decision or opinion of the Board: Provided that, in the event of an equality of votes, the Chairperson shall also have a casting vote.

(5) The record of the proceedings in public of the Board shall be filed in the office of the head of the Department of Economic Affairs where it may be inspected and copies thereof obtained as if it were the record of civil proceedings in a magistrates’ court.

(6) Except when the Board refuses to renew a licence, cancels a licence or decides any question of law, it shall not be required to give any reasons for its decision.

7. Annual meeting of Board.—(1) On the second Wednesday in the month of November of each year or, if that day is a public holiday, then on the first day thereafter which is not a public holiday, the Board shall hold a meeting to be known as the annual meeting.

(2) Not earlier than sixty days and not later than thirty days before the annual meeting the Chairperson of the Board shall give notice in the Provincial Gazette of the date, place and time thereof.

8. Interim meetings of Board.—(1) An interim meeting of the Board may be convened by the Chairperson at any time but not more than once in any month.

(2) Not less than seven days before the day appointed for an interim meeting the Chairperson shall give notice in the Provincial Gazette of the date, place and time of, and of the matters to be considered by the Board at, such meeting.

9. Powers and functions of Board.—(1) Subject to the provisions of this Act, the Board shall consider—

(a) at the annual meeting any application under section 11, 52, 57, 65, 68 or 74 for the grant of a new licence;

(b) at an interim meeting held not later than during the month of May in any year any application for the grant of a licence upon which the Board was unable to come to a decision by the thirty-first day of December of the preceding year;

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(d) at any meeting any application under section 63 for grant of licence;

(e) at any meeting any matter which the responsible Member may refer to that meeting.

(2) The Board shall make a report and recommendation to the responsible Member for submission to the Executive Council on each application for a new licence or the transfer or removal of a licence.

10. Legal proceedings against Board.—(1) In any legal proceedings instituted against the Board, service of any process on the Chairperson shall be deemed to be sufficient service on the Board.

(2) Save where the court concerned shall have specially authorised to the contrary, the time to be allowed for the entering of appearance to a summons issued in any legal summons and in applications by way of motion or petition the time to be allowed for the hearing of the application or for the return of a rule nisi shall not be less than fourteen days after service of the notice of motion or the rule nisi, as the case may be.

CHAPTER III

CASINOS

11. Application for a casino licence.—(1) Any person desiring to operate a casino shall apply to the Executive Council through the responsible Member and the Board for a casino licence.

(2) Such application shall be lodged with the clerk of the Board on or before the fifteenth day of September in any year.

(3) Every applicant for a new licence shall, not less than fourteen days before the date upon which he or she lodges his or her application, make known his or her intention so to apply by notice substantially in the prescribed form—

(a) in the Provincial Gazette, in any of the official languages; and

(b) in a newspaper circulating in the district, in the official languages in which such newspaper is published.

12. Duration of licence.—The licence which may be granted or renewed under this Act shall be of force and effect from the first day of January until the thirty-first day of December of the same year, both days inclusive: Provided that if a new licence is granted after the first day of January, such licence shall be of force and effect from the date of issue of such licence until the thirty-first day of December of the same year, both day inclusive.

13. Renewal of licence.—Any casino licence granted in terms of this Chapter, shall, subject to the provision of this Act, and the conditions under which if was granted, remain in force and shall be renewed annually on production of the licence for the preceeding year and on payment of the licence fees provided for in section 28 unless such licence has been revoked in terms of the provisions of section 31 or has been declared forfeited by a competent court.

14. Application for transfer or removal of licence.—(1) Any licensee who desires at any time —

(a) to transfer his or her licence to any other person; or

(b) to remove his or her licence from the licenced premises to any other premises in the same province, whether temporarily or permanently,

shall make application therefor to the responsible Member through the Board.

(2) Any application under subsection (1) shall be lodged with the clerk of the Board and the provisions of section 11 (2) and (3) shall mutatis mutandis apply in respect of such application.

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15. Form of application.—Every application under section 11 or 34 shall—

(a) he substantially in the prescribed form; and

(b) be accompanied by the prescribed document and information and in respect of an application under section 13 a fee of fifty rand.

16. Inspection of, and objections to applications.—(1) The clerk of the Board with whom any application has been lodged under section 11 or 14 shall without delay—

(a) post in a conspicuous place at his or her office a notice substantially in the prescribed form calling upon any interested person to lodge with him or her in writing in the prescribed manner, within thirty days after the date of such notice, any objection to such application; and

(b) transmit a copy of the application—

(i) to the Police Authority; and

(ii) to the administrative body within whose area are or will be situate the premises in respect of which the application has been made, and shall at the same time notify such body that it may within thirty days submit to him or her any written objection to, or report on, the application.

(2) During a period of fourteen days after the date upon which any application under section 11 or 14 is lodged with the Clerk of the Board, any person shall have the right upon request and free of charge to inspect such application.

(3) The Clerk of the Board shall, in writing, inform the applicant of every objection lodge with him or her in terms of subsection (1), and shall allow the applicant to make a copy thereof and afford him or her an opportunity of replying thereto within seven days after the date upon which he or she was so informed.

17. Report on application for new licence, transfer or removal of licence.—In respect of every application for a new licence, transfer or removal of a licence, the Police Authority shall, at least twenty-one days before the date upon which such application is to be considered by the Board, report to the Clerk of the Board—

(a) if the premises to which the application relates are already in existence, whether such premises are in good repair and, in accordance with the provisions of this Act, suitable in all respects for the proper carrying on of the proposed business or other activity; or

(b) if the premises to which the application relates have not yet been erected or completed, whether such premises will, upon completion in accordance with the plans, be suitable in all respects for the proper carrying on of the proposed business or other activity; and

(c) if the application relates to a casino previously licensed, whether such casino has been carried on in a proper and orderly manner and in accordance with the law, whether any records required to be kept have been properly and adequately kept and whether the licensee has complied with every restriction, direction or condition imposed upon him or her,

and shall call attention to any other matter which in terms of this Act shall be, or in the opinion of the Police Authority ought to be, taken into account by the licensing authority.

18. Transmission of applications to the Board.—(1) Any person who has made an application in terms of section 11, 13 or 14, who desires at any time to transfer his or her application to any other person shall make application therefor to the responsible Member through the Board.

(2) Any application under subsection (1) shall be lodged wit the Clerk of the Board and he or she shall not more than sixty

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days and lot less than fourteen days before the date upon which he or she lodges his or her application, make known his or her intention so to apply by notice substantially in the prescribed form—

(a) in the Provincial Gazette, in any of the official languages; and

(b) in a newspaper circulating in the district, in the official language or languages in which such newspaper is published.

(3) Every application under subsection (1) shall—

(a) be substantially in the prescribed form;

(b) be accompanied by the prescribed documents and information, hearing and representation of applicants, objectors or other interested bodies or persons.

19. Appearance before the Board.—(1) At the appropriate meeting of the Board—

(a) any applicant whose application is before the Board or his or her duly authorised representative;

(b) any objector to any application who has lodged an objection in the prescribed manner or his or her duly authorised representative; and

(c) the Police Authority or its duly authorised representative (in respect of any objection, report or application made by the Police Authority in terms of this Act),

shall have the right to appear before and to be heard by the Board and to call evidence in support of his or her or its application, objection or report as the case may be.

(2) Subject to the provisions of any other law, if any person whose application is to be considered by the Board dies, becomes insolvent or is declared incapable of managing his or her own affairs on or before the day appointed for the consideration of his or her application, the lawful representative of the estate of the applicant, or, in the absence of any such representative, any member of the family of the applicant authorised thereto by the Board, shall have and may exercise all such rights as the applicant would have had and been entitled.

(3) The provisions of subsection (2) shall apply mutatis mutandis—

(a) in the case of any company which is placed under liquidation on or before the day appointed for the consideration by the Board of any application by the nominee of such company and in respect of the person lawfully appointed as liquidator of such company; and

(b) in respect of any other person who with the approval of the Board has been nominated by any association of persons or the development corporation as its nominee in the place of a nominee who has died or otherwise ceased to hold his or her position.

20. Calling for evidence by Board.—(1) The Board may by notice in writing under the hand of its clerk—

(a) require the attendance before a meeting of the Board of any applicant whose application is to be considered at such meeting, of any licence-holder or if he or she is absent any person charged with the conduct of the business carried on under his licence, or of any other person who, in the opinion of the Board, is able to testify as to any matter which the Board has to consider or determine;

(b) require such applicant, licence-holder or person to produce any book or document, relevant to any matter before the Board, which is in his or her possession or under his or her control.

(2) If any person, whose application is before the Board, so requests, the Board shall by notice in writing under the hand of its clerk call as a witness, subject to the provisions of section 19 (1), any member of the police who, on behalf of the

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Police Authority, has prepared a report on such application under section 17.

21. Offences by witnesses or persons called as witnesses.—Any person who—

(a) refuses or fails without sufficient cause to attend and give evidence before the Board at the time and place specified in a notice given under section 20 or to produce any book or document which he has been required by such notice to produce; or

(b) under oath or affirmation gives false evidence before the Board knowing such evidence to be false or not believing it to be true,

shall be guilty of an offence.

22. Powers of Board to hear or take objections.—The Board may at any time—

(a) in its discretion hear any objection made by an administrative body or any person to any application before the Board notwithstanding that such objection has not been lodged in the prescribed manner or within the prescribed time but in that event the Board shall afford the applicant the opportunity of answering the objection;

(b) of its own motion take notice of any matter or thing whatsoever which in its opinion would be an objection to any application before the Board although no such objection has been lodged by any person: Provided that the Board shall inform the applicant of such matter or thing and afford him a reasonable opportunity of answering it.

23. Review of Board’s proceedings.—(1) Subject to the provisions of subsection (2), any proceedings the Board may on the petition of any applicant or objector be reviewed by the Supreme Court.

(2) If it appears to such court that in the proceedings in question the Board exceeded its powers or failed or refused to exercise any power or discretion which, in terms of this Act, it was obliged to exercise, or exercised its powers in an arbitrary, mala fide or grossly unreasonable manner, the court may set aside the proceedings and make such order as to it seems just including an order that a meeting of the Board be held for the re-hearing or reconsideration of the matter: Provided that no proceedings of the Board shall be set aside by reason merely of a formal or technical defect which, in the opinion of court, has not resulted in substantial injustice to the petitioner.

24. Appeal from decision of Board.—(1) An appeal shall lie to the Supreme Court at the instance of any applicant or objector in respect of any question of law decided by the Board in connection with or in relation to his or her application or objection, as the case may be.

(2) The law relating to appeals in civil matters in a magistrate’s court shall apply mutatis mutandis to any appeal under subsection (1).

(3) Save as provided in this section there shall be no appeal from any decision of the Board.

25. Submission of application to the responsible Member.—The Chairperson of the Board shall, as soon as possible after the conclusion of any meeting of the Board, submit to the responsible Member every application considered at such meeting together with the relevant annexures, the report and recommendation of the Board and a copy of the record of the Board’s proceedings relating to such application for submission to the Executive Council.

26. Powers of Executive Council to grant new licence or to authorise the renewal, transfer or removal of a licence.— (1) The Executive Council may in its discretion, subject to the provisions of this Act and after having considered the application for a new licence or the renewal, transfer or removal of a licence, together with all the information referred to in section 22 and with due regard, in the case of an application for a new licence or the removal of a licence, to—

(a) any recommendations made by the Lotteries and Gambling Board established under the Lotteries and Gambling Board Act, 1993, regarding the criteria to be complied with before a licence is granted;

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(b) the number of licences, if any, existing in the district or area concerned; and

grant or refuse such application: Provided that the Executive Council shall not grant any application if the Board has not so recommended.

(2) The decision of the Executive Council on any application referred to in subsection (1) shall be final.

27. Licence.—(1) Notwithstanding anything to the contrary contained in any other law, a casino licence shall—

(a) authorize the playing in the casino area, which shall be specified in such licence, of games;

(b) authorize the sale, supply and consumption of liquor or other refreshments in the casino area at any time while the casino area is open for gaming;

(d) entitle the licensee to place and operate gaming machines in the casino.

(2) A casino licence shall be valid for such period as it is indicated on the licence and shall be renewed annually in terms of the provisions of section 13.

28. Licence Fees.—(1) There shall be charged and payable in respect of a casino licence, in addition to the casino levy payable under section 29, the amount of one hundred and fifty rand per annum (irrespective of actual date of installation of the machine) in respect of each gaming machine placed in the casino.

(2) The licence fee payable in terms of subsection (1) shall be payable on or before the first day of January each year.

29. Casino Levy—(1) There shall be charged and payable in respect of a casino licence a levy to the amount of fifteen per cent of the nett receipts from gaming for the preceding quarter: Provided that such nett receipts shall not include the nett receipts of the business upon which the annual hotel liquor licence fee is calculated in terms of the provisions of the laws governing the sale of liquor: Provided further that "nett receipts" for the purposes of this section shall mean the difference between gross receipts and payments made to gaming patrons with no provision for the deduction of any costs or provisions.

(2) The casino levy payable in terms of subsection (1), shall be payable on or before the fifteenth day of the month following the quarter in respect of which the levy is payable and such payment shall be accompanied by an audited statement attesting to the audited nett receipts of the casino for the preceding quarter.

(3) The casino levy payable in terms of this section shall be payable to the office of the receiver of Provincial Tax Authorities.

(4) Notwithstanding anything to the contrary contained in any other law, there shall be no period of grace for the payment of casino levy referred to in this section.

30. Conditions of licence.—The Executive Council may attach conditions to a licence—

(a) relating to the games that may be played in any gaming room;

(b) relating to the method of operation of any game;

(c) for the purpose of ensuring that the operation of the casino does not detract from the natural beauty and amenities of any place near such casino;

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(d) for the purpose of ensuring that the operation of the casino accords with decency, dignity, good taste and honesty;

(e) requiring the keeping of books, accounts, records and other information relating to the operation of casino;

(f) requiring the submission to the Executive Council of such reports and returns relating to the operation of the casino as the Executive Council may from time to time require;

(g) relating to the days on which and hours during which gaming may be carried on in the casino;

(h) relating to any other matter which, in the opinion of the Executive Council, requires regulation.

31. Revocation of licence.—(1) The Executive Council may, on the recommendation of the responsible Member acting in consultation with the Board, at any time revoke a licence if—

(a) any information contained in any application made by the licensee in terms of section 11, 13 or 14 or given to the Board by the licensee for the purpose of obtaining the granting, renewal, transfer or removal of the licence was at the time when the information was given, false in any material way or was subject to any material omission;

(b) the licensee has failed to comply with any term or condition of the licence or any provision of this Act and has not complied with such term, condition or provision within thirty days, or such further period as the Board may, in writing, allow after delivery of written notice by the Board to the licensee requiring such failure to be remedied;

(c) the licensee or any employee of the licensee has been convicted of an offence under this Act or of an offence relating to the conduct of any game or the sale of liquor in the casino or to betting or lotteries;

(d) the licensee, or if the licensee is a company, the managing director thereof, has been convicted of an offence involving dishonesty and has been sentenced to imprisonment without the option of a fine; or

(e) the licensee, without the consent of the Board, ceases for more than three months to carry on gaming in any gaming room.

(2) The Executive Council shall inform the licensee in writing of such revocation.

32. Surrender of licence.—A licensee may surrender his or her licence upon such conditions as the responsible Member on the advice of the Board may determine.

33. Issue of licences.—Any licence issued in terms of this Chapter shall be issued by the Department of Economic Affairs on the written authority of the responsible Member.

34. Penalty for failure to take out a licence.—Any person who operates a casino or gaming machine without being in possession of a licence fails to pay the licence fees contemplated in section 28 as required by those sections shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred and fifty thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

35. Penalty for delay in paying licence fee.—Any person who fails to pay any licence fees contemplated in section 28 on or before the date on which he or she becomes liable to pay such licence fees, shall in addition to such licence fees, pay for each day or part of a day during which he or she is liable for the payment of the licence fees a penalty calculated at the rate of ten per centum of the unpaid licence fee: Provided that the amount of such penalty shall not exceed the amount of the licence fee: Provided further that if such licence fees are not paid within forty five days after the date on which they

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become payable, the Clerk of the Board shall give the licensee fourteen days written notice to effect payment of the licence fees and if the licence fees are not paid prior to the expiration of the said fourteen days, the licence shall be regarded as being revoked.

36. Penalty for delay in paying casino levy.—Any person who fails to pay any casino levy contemplated in section 29 on or before the date on which he or she becomes liable to pay such casino levy, shall in addition to such casino levy, pay for each day or part of a day during which he or she is liable for the payment of the casino levy a penalty calculated at the rate of ten per centum of the unpaid casino levy: Provided that if such casino levy is not paid within forty five days after the date on which it became payable, the clerk of the Board shall give the licensee fourteen days written notice to effect payment of the casino levy and if the casino levy is not paid prior to the expiration of the said fourteen days, the licence shall be regarded as being revoked.

37. Licensee to make rules relating to method of playing games.—The licensee shall make rules relating to the method of playing games, which rules shall be subject to the approval of the Board who shall not withhold such approval unreasonably and such rules shall be displayed prominently in the casino area.

38. Prohibition of gaming by certain persons.—(1) The Clerk of the Board, a member of the Board or any person who is in any way concerned with the management, supervision, control or administration of a casino shall not participate in any game in any gaming room of any casino, save in so far as he or she may be required to do so by the nature of his or her employment in the operation of such game so as to enable other persons to participate in the game: Provided that this subsection shall not be construed so as to preclude a gaming employee of a casino to participate in any game in any gaming room at a casino other than the one where he or she is employed.

(2) No person under the apparent age of eighteen years shall enter any casino, casino area or gaming room and shall not partake in any game, gaming or handle or operate a gaming machine.

(3) No licensee or employee of a licensee shall permit any person who is under the apparent age of eighteen years, and the parent or guardian of a person under the apparent age of eighteen years shall not permit such person to enter or remain in any casino, casino area or gaming room and shall not permit such person to partake in any game, gaming or handle or operate a gaming machine.

(4) Any person who contravenes any provision of this section shall be guilty of an offence.

39. Prohibition of certain persons from entering casino.—(1) Where the court that has convicted a person of any offence is of the opinion that by reason of the nature of the offence or the circumstances under which it was committed it is desirable in the interests of public order, public morals or fair play, that such person should not be permitted to enter any or a specific casino or any part thereof, the court may issue a written order prohibiting him or her from entering any casino or the part or parts thereof specified in the order for a period to be stated in the order.

(2) Where a court makes an order under subsection (1) the Clerk of the Court shall forthwith cause a copy of the order to be delivered to the licensees of all casinos or any casino named in the order.

(3) A person who fails to comply with an order made under subsection (1) or knowingly permits such person to enter the casino or part thereof, shall be guilty of an offence and liable upon conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

40. Powers of police to enter casino.—(1) Notwithstanding anything to the contrary contained in any other law, a police official of or above the rank of lieutenant may at any time without a warrant enter a casino for the purpose of—

(a) carrying out such investigations and of taking such steps as such police official may consider necessary for the prevention of an offence;

(b) the investigation of an offence;

(d) determining whether the conditions referred to in section 30 are being complied with,

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and may be accompanied and assisted in such investigations by a police official below the rank of lieutenant.

(2) Any police official entering a casino under subsection (1) shall within fourteen days of such entry submit a written report thereof to the Commissioner of Police who shall within fourteen days of receiving such report give written notification of such entry to the Board.

(3) Any person who and a licensee who by himself or herself or by any person in his or her employ or acting with his or her consent refuses to admit to or resists or prevents the entry into the casino of a police official who seeks to enter the premises of a casino under subsection (1) shall be guilty of an offence.

(4) Any person who, and any licensee who by himself or herself or by any person in his or her employ or acting with his or her consent, hinders or obstructs any police official—

(a) whilst carrying out an investigation contemplated in subsection (1); or

(b) whilst taking steps for the prevention of an offence,

or prevents or attempts to prevent such police official from carrying out such investigation or taking such steps, shall be guilty of an offence.

41. Power to inspect.—(1) Any person authorized thereto in writing by the responsible Member may—

(a) at any time enter and inspect any casino;

(b) examine any equipment, gaming machine and pin-table in the casino;

(d) seize and remove from the casino any equipment, gaming machine and pin-table for the purpose of examination.

(2) Any person contemplated in subsection (1) may, in writing, order the licensee to repair, replace or discontinue using such equipment, gaming machine or pin-table as may be found to be defective.

(3) Any person who—

(a) hinders or obstructs any person contemplated in subsection (1) in the exercise of the powers conferred on him or her by the responsible Member under that subsection;

(b) having been ordered under subsection (2) to repair, replace or discontinue using such equipment, gaming machine or pin-table and makes use thereof in the casino;

(c) having been ordered under subsection (2) to replace any equipment, gaming machine or pin- table fails to replace it within thirty days after receiving such written order or such longer period as the responsible Member may allow,

shall be guilty of an offence.

42. Resistance against entry.—(1) A police official who may enter any casino under section 40 may use such force as may be reasonably necessary to overcome any resistance against such entry of the casino, including the breaking of any door or window: Provided that such police official shall first audibly demand admission to the casino and notify the purpose for which he or she seeks to enter the casino.

(2) The proviso to subsection (1) shall not apply where the police official concerned is on reasonable grounds of the

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opinion that any article which is the subject of the investigation may be destroyed or disposed of if the provisions of the said proviso are first complied with.

43. Licence fees to be deductable expenses.—Notwithstanding anything to the contrary contained in any other law, all licence fees paid in terms of section 28 shall be deductable expenses for the purpose of computing taxable income.

44. Improper use of the word "casino".—Any person trading or carrying on business under a name or title of which the word "casino" forms a part shall, unless he or she is the holder of a casino licence, be guilty of an offence.

45. Certain laws not applicable in respect of casinos.—Save as may otherwise be provided in this Act, nothing contained in any law relating specifically to lotteries or games of chance shall apply in respect of any casino in operation in the Province.

46. Advertising.—Subject to the provisions of any regulations made under this Act, it shall be lawful to advertise a casino and the games played therein.

47. Resort to be operated.—Subject to the provisions of this Act, a licensee shall, throughout the currency of his licence, carry out and maintain on the licenced premises, to the satisfaction of the Executive Council a report of such size and standard as is specified in the licence.

48. Regulations.—(1) The responsible Member may by notice in the Provincial Gazette make regulations in regard to any matter which, in terms of this Chapter, is required to be prescribed by regulation or which the responsible Member may deem necessary or expedient to prescribe for the achievement of the objects of this Chapter.

(2) Any regulation made under the provisions of subsection (1) may, for a contravention thereof or failure to comply therewith, prescribe penalties of a fine not exceeding five thousand rand or three years imprisonment.

49. General offence.—Any person, excluding the Board, who contravenes or fails to comply with any provision of section 37 or any condition of a licence issued under this Chapter shall be guilty of an offence.

50. General penalty.—Any person who is convicted to an offence in terms of this Chapter for which no penalty is expressly provided shall be liable to a fine not exceeding twenty thousand rand or to imprisonment for a period not exceeding two years.

51. Transitional provisions.—Any licence for the operation of a casino issued in terms of the Bophuthatswana Casino Act, 1977 as amended shall be deemed to have been issued in terms of this Act, and the renewal of any such licence shall be dealt with in accordance with the provisions of this Act: Provided that in the case of the renewal of a licence issued in terms of the Bophuthatswana Casino Act, "resort" as contemplated by section 47 shall for the purpose of this section, include a hotel.

CHAPTER IV

GAMING AND BETTING

52. Restriction of participation in unauthorised game of chance, and presumptions thereof.—(1) Any person desiring to—

(a) establish or commence a lottery or lotto or any numbers or scratch game or sweepstake or sports pool or gambling or wagering or any other game of chance or activity (hereinafter referred to as game of chance);

(b) manage, conduct or in any way assist in managing or conducting any game of chance;

(c) allow any place under his control, or in his charge to be used in any way for the management or conducting of any game or for any business purpose connected therewith;

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(d) sell or dispose of or purchase or have in his possession or under his custody or have any interest in any ticket in any game of chance;

(e) perform any act with the object of acquiring or assisting any other person to acquire from any source in the North West or elsewhere any ticket in any game of chance or any interest in any such ticket,

shall apply to the Executive Council through the responsible Member and the Board for a licence.

(2) Any application lodged under subsection (1) shall be lodged with the clerk of the Board and the provisions of section 11 (2) and (3), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of such application.

(3) (a) Any ticket which by any word, code, figure or any sign whatsoever indicates that such ticket is a ticket in any game of chance referred to in subsection (1) shall, until the contrary is proved, be presumed to be a ticket contemplated by this Act.

(b) It shall be an offence to be in possession of any ticket which by any word, code, figure or any sign whatsoever indicates that such ticket is a ticket referred to in paragraph (a) of this subsection.

(4) Whenever in any prosecution for a contravention of paragraph b( ) of subsection (2) any person is proved to have been the occupier of any place in which a game of chance was managed or conducted at the time when such person occupied such place, it shall, until the contrary is proved be presumed that such person assisted in managing or conducting such game of chance.

53. Prohibition of activities in relation to game of chance.—A person shall not be exempt from liability under any provision of this Act in respect of any act or thing done or authorised or permitted by him or her to be done in the North West in connection with any game of chance merely by reason that the management, conduct or business of or concerning such game of chance is in whole or in part carried on at some place outside the North West.

54. Prohibition in respect of playing of game of chance, and presumptions thereof.—(1) Subject to the provision of subsection (2), no person other than a permit holder or licensee in terms of this Act or person deemed to be a permit holder or licensee in terms of this Act shall permit the playing of any game of chance for stakes at any place under his control or in his charge and no person shall play any such game at any place or visit any place within the North West with the object of playing any such game.

(2) In any prosecution for a contravention of subsection (1), it shall be a defence that the place to which the charge relates—

(a) is not available for the use of persons other than subscribers or members or a group of members of a club or association of persons or for the use by the public in general; or

(b) is not used except by personal friends of the person in control or in charge of such place and such person,

if it is proved that such place is not generally used for playing any game of chance for stakes.

(3) Any person who wilfully obstructs or hinders any authorised officer in the exercise or performance of any power, function or duty in terms of or by virtue of the provisions of this section, shall be guilty of an offence.

(4) Upon proof at the trial of any person charged with contravention of the provisions of subsection (1), that any unauthorised game of chance was played or intended to be played, it shall he presumed, until the contrary is proved, that such game was played or intended to be played for stakes.

(5) Any person supervising or directing or assisting at or acting as a banker, dealer, croupier or in any like capacity at the playing of any game of chance at any place and any person acting as porter, doorkeeper or servant or holding any other

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office at any place where any such game of chance is played, shall be deemed to be in control or in charge of such place.

(6) Any person found at any place where any game of chance is played, shall be deemed, until the contrary is proved, to be playing such game for stakes at such place or to be visiting such place with the object of playing such game of chance for stakes.

55. Prohibitions for keeping or use of pin-tables, machines, instrument, etc.—(1) The responsible Member may on the recommendation of the Board, by notice in the Provincial Gazette prohibit the keeping or use at any place or class or kind of place specified in the notice, or at any place or class or kind of place other than a place or class or kind of place so specified, of all pin-tables, whether or not intended for the playing of games of chance, or of all pin-tables other than pin- tables described in such notice, or of all pin-tables, machines, contrivances or instruments of any class or kind described in such notice which in his or her opinion are intended for the playing of games of chance, and of any pin-table, machine, contrivance or instrument resembling or having anything in common with any pin-table, machine, contrivance or instrument contemplated by such notice.

(2) The person in control of or in charge of any place specified in any notice under subsection (1) at which any pin-table, machine, contrivance or instrument contemplated by such notice is found, shall be guilty of an offence.

(3) Any game played at any place specified in any notice referred to in subsection (1) by means of any pin-table, machine, contrivance or instrument contemplated by such notice shall be presumed to be a game of chance contemplated by that subsection.

56. Licence to hold race meeting or trotting meeting.—(1) Save as provided in this Act no person shall hold a race meeting or trotting meeting without the necessary licence.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence.

57. Issue of licence authorising race meeting on race course.—(1) Subject to the provisions of this Act the Executive Council may, upon the written application of TAB North West through the responsible Member and addressed to the clerk of the Board, authorise the issue to a racing club controlled by TAB North West or to a non-proprietary concern or club, of a licence to hold so many race meetings or trotting meetings and on a licensed race course in lawful possession or occupation of such racing club as may be specified in the licence.

(2) The provision of sections 11 (2) and (3), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of such application.

(3) No race meeting licence shall be issued to a racing club—

(a) until the rules and regulations in terms of which a race meeting will be held by that club have been approved by the Board;

(b) the club has adequate financial means at its disposal to hold race-meetings;

(c) the racecourse to which it will relate is suitable and complies with the requirements of the Jockey Club South Africa;

(d) proper provision has been made for the control of the race-meetings and the totalisator to be held or conducted and the bookmakers who will operate, and for the supervision of all betting activities, on such racecourse; and

(e) the Executive Council considers it desirable that such a licence be issued.

(4) A race meeting licence issued in terms of this Chapter shall be valid for a period of one year and shall be renewed on production of the licence for the preceding year and on payment of the licence fees prescribed by this Act for any succeeding year.

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(5) A race meeting licence shall be subject to the conditions that the holder thereof shall comply with the provisions of the constitution of the club, the rules and regulations of TAB North West: Provided that if the Executive Council does not approve of any such provision, it may—

(a) exempt a racing club from compliance with any such provision; and

(b) by written notice to all racing clubs, substitute for any such provision a new provision which shall be binding on all racing clubs.

(6) Should any race meeting not take place because inclement weather or any unforeseen circumstances have rendered it undesirable to hold or continue such race meeting, it may be held or continued on any other day, determined by the racing club concerned in consultation with TAB North West.

(7) The Executive Council may at any time on the recommendation of the Board, impose any condition on TAB North West or a licensee as it may deem expedient and may amend or withdraw any such condition.

(8) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence.

58. Suspension or cancellation of race meeting licence.—The Executive Council may at any time on the recommendation of the responsible Member acting in consultation with the Board, suspend a race meeting licence for such period as it may determine or may cancel it is the holder thereof—

(a) has been convicted of an offence which, in the opinion of the Executive Council justifies such suspension or cancellation;

(b) has contravened or failed to comply with any rule or regulation contemplated by this Chapter; or

59. Lapse of licence.—(1) A race meeting licence shall lapse if the racing club concerned ceases to operate.

(2) The Executive Council may on the recommendation of the responsible Member acting in consultation with the Board, whenever it deems it expedient and notwithstanding the provisions of section 57 (3) declare that a race meeting licence shall lapse on a date to be determined by it and, in such event, the racing club concerned may apply anew for a race meeting licence.

60. Duty to produce licence.—A person who holds a race meeting and fails on demand by an authorised officer to produce forthwith a race meeting licence authorising the holding of such meeting shall be guilty of an offence.

61. Admission to race course.—(1) Subject to the provisions of this Act, no person shall be admitted to a racecourse on a day on which a race meeting is held thereon and no person shall on that day be on that racecourse unless—

(a) he or she is eighteen years of age or older; and

(b) he or she has paid to TAB North West or the racing club concerned the stipulated admission fee;

Provided that the provisions of this subsection shall not apply to—

(i) the owner or trainer or assistant trainer of a horse engaged in that race meeting;

(ii) a jockey or an apprentice jockey;

(iii) an employee of such racing club or person bona fide employed in connection with that race

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meeting;

(iv) a member of such racing club who has paid the annual membership fee determined by such club;

(v) a person whose free admission to a licensed race course has been approved by the responsible Member either generally or specifically, or has been specifically authorised by the racing club concerned; or

(vi) an authorised officer; or

(vii) a person under the age of eighteen years accompanied by his or her parent or guardian; or

(viii) a member of TAB North West.

(2) A racing club or a person authorised thereto by it or the responsible Member may, in terms of the provisions of any rule of the club or regulation referred to in section 87 or in terms of a condition of the race meeting licence of such club, exclude any person from or refuse to admit any person to the licensed race course of such club or may exclude from or refuse to admit to the race course any person whose presence thereon will in the opinion of such club or person, be detrimental to the maintenance of good order.

(3) The racing club or a person authorised thereto by such club or an authorised officer may remove or cause to be removed any person who is unlawfully on the licensed race course of such club or any person whose conduct is, in the opinion of TAB North West or such club or person so authorised or authorised officer, detrimental to the maintenance of good order.

(4) Any person who contravenes or fails to comply with the provisions of subsection (1) or any person who hinders or obstructs a racing club, any person or authorised officer in the carrying out of the powers conferred by subsection (3) shall be guilty of an offence.

62. Tax on fees for admission to licensed race course.—(1) A racing club shall pay to the North West Provincial Revenue Fund, a tax calculated at the rate of ten per cent of the gross amount received by that racing club in respect of admission fees to its licensed race course.

(2) A racing club shall—

(a) lodge with the receiver of Provincial revenue security for the payment of tax contemplated by subsection (1) in such form and in such amount as he or she may from time to time require;

(b) keep such records and make such arrangements, including the erection of barriers and turnstiles, as may be required by the receiver of revenue in order to ascertain the number of persons admitted to its licensed race course and the amount paid by those persons in respect of admission fees;

(c) within twenty-one days from the holding of a race meeting submit to the receiver of revenue the following information—

(i) the name of the racing club and licensed race course;

(ii) the date on which the race meeting was held;

(iii) the gross amount received in respect of admission fees to that race course on that date; and

(iv) the amount of tax payable, and shall simultaneously pay that tax.

(3) The receiver of Provincial revenue may utilise the security or any portion thereof lodged in terms of subsection (2) (a)

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in settlement or part settlement of any tax payable in terms of this section.

(4) An authorised officer or any officer authorised thereto in writing by the head of the Department of Economic Affairs may at any reasonable time—

(a) enter a licensed race course in order to ascertain whether the provision of this section are being or have been complied with; or

(b) inspect any book, document, paper, machine or turnstile used in connection with the admission of persons to a licensed race course.

(5) A racing club that contravenes or fails to comply with the provisions of this section or any person who prevents, hinders or obstruct an officer contemplated by subsection (4) from entering a licensed race course or carrying out an inspection contemplated by that subsection shall be guilty of an offence.

63. Licence to hold race-meeting on particular day.—(1) Notwithstanding anything to the contrary contained in this Chapter, the Executive Council may, subject to such conditions as it may deem necessary authorise the issue of a licence which shall entitle the holder thereof to hold a race-meeting on the race-day and racecourse specified in such licence: Provided that not more than four such licences each specifying one race-day only, may be issued to the same person or in respect of the same race course during any year ending on 31 December.

(2) The provisions of section 11 (2) and (3), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of an application for a licence referred to in subsection (1).

64. Restriction on the holding of race-meetings.—No person shall—

(a) hold, organize or arrange the holding of a race-meeting—

(i) except under authority of a race-meeting licence or a licence issued in terms of section 63;

(ii) except on a race-day on the racecourse specified in such licence; or

(iii) at which any race is run before 09h00 or after 18h30, or such later hour as the responsible Member may approve, on any day;

(b) aid or abet any other person in the holding, organizing or arranging at a race-meeting in contravention of paragraph (a); or

CHAPTER V

TOTALIZATORS

65. Authority to operate totalizator.—(1) The holder of a race-meeting licence referred to in section 57 is hereby authorized and deemed to be licensed, to conduct a totalizator on the racecourse to which such race-meeting or other licence relates on any race-day on which a race-meeting is held on such racecourse under authority of such licence.

(2) The North West Totalizator Agency Board (Pty) Ltd (-hereinafter referred to as TAB North West) is hereby authorized, and deemed to be licensed, to conduct a totalizator on any horse-race run in this or any other province or elsewhere, as well as on any sporting event as defined in section 1 on premises which TAB may in terms of section 66 keep open for the acceptance and settlement of totalizator bets.

(3) The Executive Council may at any time cancel an authority referred to in subsections (1) and (2) if, in its opinion, there are good reasons therefor.

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(4) No person shall operate and conduct a totalizator unless he or she is the holder of a licence issued to him or her for that purpose in terms of this section.

(5) Any person desiring to conduct a totalizator shall apply to the Executive Council through the responsible Member and the Board for a licence.

(6) Any application under section (5) shall be lodged with the Clerk of the Board and the provisions of sections 11 (2) and (3), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of such application.

66. TAB North West may accept and settle totalizator bets.—TAB North West may subject to the conditions which the Executive Council has imposed or may impose and for so long as it pleases the Executive Council, keep open for the acceptance and settlement of totalizator bets—

(a) the premises which are at the commencement of this Act being kept open by TAB North West in terms of section 17 of the repealed Bophuthatswana Gaming and Betting Act, 1989; and

(b) any other premises approved by the Executive Council.

67. Tax on totalizator transactions.—(1) Every person conducting a totalizator and TAB North West shall pay to the North West Provincial Revenue Fund a monthly duty calculated in accordance with the following formula:

T = P X (G - D),

in which formula—

(i) "T" represents the duty payable in respect of the totalizator business each month;

(ii) "P" represents nine per cent or such other percentage as the responsible Member in consultation with the Executive Council may from time to time by notice in the Provincial Gazette determine;

(iii) "G" represents the total amounts deposited as bets at, with or on the totalizator in each month; and

(iv) "D" represents the total amount of the dividends payable by the totalizator each month.

(2) If any dividend which is payable by the holder of a totalizator licence is not claimed within ninety days from the date on which such dividend became due and payable, such dividend shall, notwithstanding any agreement to the contrary, be paid to the holder of such permit.

(3) Any person who fails to pay a duty in terms of subsection (1) is not paid within twenty-one days after the last day of each and every month the duty became payable, he or she shall in addition to such duty pay for each day or part of a day during which he or she is liable for the payment of the duty a penalty calculated at the rate of ten per centum of the unpaid duty: Provided that if such duty is not paid within forty five days after the date on which it became payable, the licensee shall be given fourteen days written notice to effect payment of the duty and if the duty is not paid prior to the expiration of the said fourteen days, the licence shall be regarded as being revoked.

(4) A penalty payable in terms of this section shall be a debt due to the North West Revenue Fund.

(5) The provisions of this section shall mutatis mutandis apply in relation to any person, company, organisation or body who or which at any time operates and conducts the business of a totalizator in contravention of the provisions of this Act.

(6) The tax payable in terms of this section shall be paid to the receiver of revenue and shall be accompanied by a return in a form determined by the receiver.

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CHAPTER V

TELETRACK

68. Establishment and conduct of teletrack, and licence.—(1) No person other than the holder of a licence issued under this Chapter shall establish and conduct a teletrack in the North West.

(2) The Executive Council may on the written application of any person made through the responsible Member and the Board, authorise the issue of a licence to establish and conduct a teletrack branch at a place specified in such licence, for the purpose of carrying on its business in accordance with the provisions of this Act: Provided that the Executive Council may, if it deems it expedient include in such licence or grant a separate licence for a floating mobile facility or a floating branch to operate in a specified area.

(3) The Executive Council may at any time amend any condition contained in a teletrack branch licence or add any further condition.

(4) Any application under subsection (2) shall be lodged with the Clerk of the Board and the provisions of sections 11 (2) and (3), 14, 15, 16, 17,18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of such application.

(5) Subject to the provisions of this Act a teletrack licence shall be valid for a period of one year and shall be renewed on production of the licence for the preceding year and on payment of the licence fees prescribed by this Act.

(6) The holder of a teletrack licence shall keep such books, accounts and records relating to the teletrack branches as may be prescribed, and the provisions of subsection (1) of section 83 shall apply in respect of the teletrack branches.

(7) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of all offence and liable on conviction to a fine not exceeding twenty five thousand rand or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.

(8) The provisions of section 67 (1) shall mutatis mutandis apply in relation to a teletrack.

CHAPTER VI

BETTING ROOMS

69. Authority to keep open betting room.—(1) The Executive Council may, subject to such conditions as it may deem necessary, grant authority to a tattersalls club to keep open premises for betting purposes.

(2) Any tattersalls club desiring to apply for authority to keep open premises for betting purposes, shall apply to the Executive Council through the responsible Member and the Board for such authorization.

(3) Any application under subsection (2) shall be lodged with the clerk of the Board and the provisions of sections 11 (2) and (3), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 shall mutatis mutandis apply in respect of such application.

(4) An association which, immediately prior to this Act, was authorized in terms of a law applicable in any part of the North West, to keep open premises for betting purposes shall be deemed to have been authorized in terms of subsection (1) to keep open such premises for such purposes.

(5) An authority shall not be granted in terms of subsection (1), unless the Executive Council—

(a) is satisfied that—

(i) the requirements prescribed for the establishment of a tattersalls club and betting room have been with;

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(ii) the premises to be used as a betting room are suitable for the purpose and not situated in a neighbourhood where it will be a nuisance or source of offence to the public; and

(iii) the tattersalls club will be able to control the betting room properly; and

(b) considers it desirable that such an authority be granted.

(4) The Executive Council may on the recommendation of the responsible Member acting in consultation with the Board, may cancel an authority granted in terms of subsection (1) if—

(a) a tattersalls club—

(i) does not function properly or does not exercise proper supervision over its betting room; or

(ii) has contravened or failed to comply with any provision of this Act or a condition subject to which such authority was granted;

(b) the betting room in respect of which such authority was granted has become unsuitable or a nuisance or a source of offence to the public; or

70. Restriction on betting in betting room.—No person shall bet in a betting room and no bookmaker shall bet with such person in a betting room unless such person is of or over the age of eighteen years and a member of the tattersalls club conducting such betting room: Provided that a person who is licenced as a bookmaker in terms of this Act shall be deemed to be a member of every tattersalls club authorized to conduct a betting room in the North West Province.

71. Betting room levy—(1) Every tattersalls club conducting a betting room under an authority in terms of section 69, shall pay a levy of—

(a) R400, in the case of a betting room in which more than three bookmakers operate; and

(b) R200, in other cases,

for every year or part of a year ending on 31 December during which such betting room is kept open: Provided that if the liability for the payment of such tax arises after 30 June the amounts payable shall be R200,00 and R100,00 respectively.

(2) Such levy shall be paid on or before the day upon which such betting room is first kept open and thereafter on or before 3 January of every year.

CHAPTER VII

BOOKMAKERS

72. Licensing of bookmaker.—(1) The Executive Council may grant a bookmaker’s licence subject to such conditions as it may deem necessary.

(2) Any person desiring to conduct the business of a bookmaker, shall apply the Executive Council through the responsible Member and the Board for a bookmaker’s licence.

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(4) A bookmaker’s licence shall not be granted—

(a) except to a natural person or a company or association who—

(i) is not an unrehabilitated insolvent or in the case of a company, has a director who is not an unrehabilitated insolvent;

(ii) complies with such licence; and

(iii) is suitable and has the financial means for carrying on the business of a bookmaker; and

(b) unless the Executive Council considers it desirable that such licence be granted.

(5) A bookmaker’s licence shall not be issued unless the applicant—

(a) has paid the licence fee; and

(b) has deposited a guarantee, in the form and for an amount and in the manner approved by the licensing committee, as security for the payment of any debts which may be incurred by him or her in the course of his or her business of bookmaker.

(6) Unless previously cancelled, a bookmaker’s licence shall be valid up to 31 December (inclusive) of the year in respect of which it was issued and shall authorize the holder thereof to carry on the business of a bookmaker on the racecourse and in the betting room specified in such licence and on every racecourse where a race meeting is being held under authority of a licence issued in terms of section 56.

(7) A bookmaker’s licence issued in terms of section 27 of the repealed Bophuthatswana Gaming and Betting Act, 1989 as well as the bookmaker licence referred to in section 27 of that Act, shall be deemed to be a bookmaker’s licence issued in terms of this section.

73. Cancellation of bookmaker’s licence.—The Executive Council may on the recommendation of the responsible Member acting in consultation with the Board, cancel a bookmaker’s licence—

(a) when the estate of the holder thereof has been sequestrated or in the case of a company, if such a company has been liquidated;

(b) when the holder thereof has been convicted of an offence under this Act, or of the laws relating to insolvency or liquidation or, of an offence involving fraud or dishonesty; or

74. Bookmaker’s licence fee.—(1) No person shall carry on the business unless he or she has paid to the receiver of provincial revenue licence fee of one hundred rand for every year or part of a year ending on 31 December during which he or she carries on such business: Provided that if the liability for the payment of such licence fee arises after 30 June the amount payable shall be fifty rand.

(2) The responsible Member may by notice in the Provincial Gazette impose an additional licence fee which shall be paid by a bookmaker to whom a bookmaker’s licence, which is not a renewal of an existing licence held by him or her has been granted, and such fee may differ having regard to the different betting rooms, racecourse or places on a racecourse where the business or a bookmaker may be carried on.

75. Restriction on business of a bookmaker.—(1) No person shall carry on the business of a bookmaker—

(a) except under the authority of a bookmaker’s licence;

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(b) at a place other than that authorized by such licence;

(d) in a betting room, except between 09h00 and 18h00 on a race day.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1), shall be guilty of an offence.

76. Tax on bookmaker business.—(1) There shall be payable to the North West Provincial Revenue Fund by any person, company, or organisation or body who or which operates and conducts the business of a bookmaker—

(a) a monthly duty calculated in accordance with the following formula:

T = P X (G - D)

in which formula—

(i) "T" represents the duty payable in respect of the bookmaker business each month;

(ii) "P" represents ten per cent or such other amount as the responsible Member may in consultation with the Executive Council from time to time determine in the Provincial Gazette;

(iii) "G" represents the total amount received by the bookmaker as bets laid or struck with him or her each month; and

(iv) "D" represents the total amount of the dividends payable by the bookmaker each month;

(b) such other monthly duty based on such formula as the responsible Member in consultation with the Executive Council may from time to time determine by notice in the Provincial Gazette which duty shall relate to the levy payable by the holder of a winning bet struck with a bookmaker.

(2) If any bet which is payable by the holder of a bookmaker licence is not claimed within sixty days from the date on which such bet became due and payable, such bet shall, notwithstanding any agreement to the contrary, be paid to the holder of such licence.

(3) If any duty payable in terms of subsection (1) is not paid within twenty-one days after the last day of each month the duty became payable, such duty shall be increased by way of penalty, by ten per cent, calculated upon each completed one rand of duty during the period in which such duty remains unpaid.

(4) A penalty payable in terms of this section shall be a debt due to the North West Provincial Revenue Fund.

(5) Without prejudice to the prosecution, the provisions of this section shall mutatis mutandis apply in relation to any person, company, organisation or body who or which at any time operates and conducts the business of a bookmaker in contravention of the provisions of this Act.

77. Submission of returns and payment of tax by bookmaker.—(1) Every bookmaker shall not later than at the end of every month—

(a) submit to the receiver of provincial revenue a return in the form approved by the receiver, relating to his or her betting transactions during the previous month; and

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(b) pay to such receiver of revenue the tax payable by him or her in respect of such transactions in terms of section 76.

(2) If a bookmaker has had no betting transactions during any month the return referred to in subsection (1) (a) shall, nevertheless be submitted reflecting that no such transactions took place.

(3) The holder of a race-meeting licence shall, within four days after the holding of a race meeting by it, submit a return setting out the names and addresses of the bookmakers who operated at such meeting to the receiver of provincial revenue.

78. Bookmaker to furnish security for payment of tax.—No person shall carry on the business of a bookmaker unless he or she has deposited with the receiver of Provincial Revenue to whom he or she is required to pay the tax payable by him or her in terms of section 76, such sum of money or other security as the responsible Member may, from time to time determine and require to be deposited as security for the payment of such tax.

CHAPTER IX

RESTRICTIONS ON BETTING AND ASSOCIATED ACTIVITIES

79. Restriction on betting.—No person shall—

(a) lay a bet unless such bet is laid on betting premises with a totalisator, TAB North West or a bookmaker who may, in terms of this Act validly enter into such a bet on such premises in the North West: Provided that a licensed bookmaker shall not be prohibited from betting in the course of his business with a person who is not a bookmaker;

(b) in any manner aid or abet any person with a bet in contravention of the provisions of paragraph (a);

(d) take into receipt any money, book, list, card or document which is intended for the laying of a bet outside the Republic; or

(e) make use of the services of the Department of posts of Telecommunications for the purpose of transmitting any money, book, list, card or document referred to in paragraph (d)

80. Prohibition of advertisements relating to betting.—(1) No person shall—

(a) publish an advertisement or notice which—

(i) invites persons for the purpose of betting to a place or premises, other than a betting premises;

(ii) invites persons to bet with a person who is not authorized in terms of this Act to accept bets;

(iii) contains an offer to act as agent of or intermediary between other persons in the making of bets; or

(iv) offers for consideration to give advice regarding the taking of a bet or to forecast the result of any event on which betting takes place;

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(b) distribute or cause to be distributed any such advertisement or notice, or deliver it or cause it to be delivered to any other person.

(2) Nothing contained in subsection (1) shall be deemed to apply to or to prohibit the circulation within this Province of a newspaper or magazine published outside the Province.

81. Restriction on betting through agents.—(1) No person shall for gain act as an agent or intermediary between other persons in the making of bets.

(2) A bookmaker shall not pay or give or promise to pay or give, whether directly or indirectly, any money or valuable thing to any person in consideration of such person or any other person laying bets with him or her or any other bookmaker.

82. Prohibition of use of place other than betting premises for betting purposes.—(1) No person shall—

(a) whether as principal, agent or employee and whether on one or more occasions—

(i) use, keep or keep open any place, premises or vehicle for the purpose of betting or for any purpose connected with betting;

(ii) permit a place, premises or vehicle to be used, kept or kept open by any other person for any such purpose;

(iii) exercise supervision over or assist with the management of the business carried on by using, keeping or keeping open a place, premises or vehicle for any such purpose; or

(b) without lawful excuse, be at or on such place, premises or vehicle used, kept or kept open for any such purpose.

(2) Nothing in subsection (1) contained shall apply to—

(a) a vehicle used or kept in connection with totalisator bets which may be validly laid in terms of this Act; or

(b) betting premises.

CHAPTER X

GENERAL PROVISIONS

83. Taxes, fees and penalties payable to Provincial Revenue Fund.—All taxes, fees and penalties paid in terms of this Act and all fines imposed and moneys estreated as bail in respect of offences under this Act shall be paid into the Provincial Revenue Fund.

84. Inspection powers.—(1) Any person authorized thereto by the responsible Member or Receiver of Provincial Revenue or any member of the South African Police, may at any time for the purpose of ascertaining whether the provisions of this Act are being complied with—

(a) enter upon and inspect any place, premises or vehicle;

(b) require from any person at such place or on such premises or vehicle who has the possession, custody or control of an article, book, record or other document, the production thereof;

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premises or vehicle;

(d) make extracts from or copies of any such book, record or other document, and require from the owner or custodian thereon an explanation of any entries therein;

(e) seize any such article, book, record or document which, in his or her opinion, may afford evidence of a contravention or evasion of any provision of this Act.

(f) question, either alone or in the presence of any other person as he or she thinks fit, any person whom he or she finds at or on any place, premises or vehicle entered under this section, with respect to any matter relevant to any such purpose.

(2) The receiver of Provincial revenue or a person authorized thereto by the responsible Member may for the purpose contemplated in subsection (1), require any bookmaker or any person operating a totalizator to produce for examination at a time and place fixed by such receiver or authorized person any book, record or other document which such bookmaker or person operating a totalisator has in his or her possession or under his or her control.

85. Offences and penalties.—(1) Any person who—

(a) contravenes or fails to comply with any provision of—

(i) section 52, 54, 55, 56, 60, 61, 62, 65, 68, 74 (1), 75 or 78;

(ii) section 64, 70, 77, 79, 80, 81 or 82;

(iii) section 57 (8), 67, 71 or 76; or

(iv) a condition referred to in section 57 (5), 63 (1), 66, 68 (3), 69 (1) or 72 (1);

(b) enters or is on a racecourse when he or she is in terms of a provision referred to in section 61 not entitled to enter or be on such racecourse or fails to comply with an order in terms of section 61; or

(i) hinders, or obstructs an official or servant of the racing club, tattersalls club or TAB North West in control of such premises, in the performance of his or her duties; or

(ii) is under the influence of intoxicating liquor, or is noisy, or behaves himself or herself in a disorderly manner or uses obscene or offensive language or language calculated to provoke a breach of the peace; or

(d) makes any false statement in any application or return under this Act; or

(e) resists or hinders any person in the exercise of his or her powers under section 84, or refuses or fails to answer to the best of his or her knowledge any question put to him under the said section; or

(f) refuses or fails to produce at the time and place fixed the book, record or other document which such person is required to produce at such time and place in terms of section 84 (2),

shall be guilty of an offence and liable on conviction,

(i) in the case of an offence referred to in paragraph (a) (i), to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment;

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(ii) in the case of an offence referred to in paragraph (a) (ii), (d) or (e), to a fine not exceeding two thousand five hundred rand or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment;

(iii) in the case of an offence referred to in paragraph (a) (iii) or (iv), (b), (c) or (f), to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

(2) When a person is convicted of a contravention of section 79—

(a) any money, coin, note, cheque, bill or promissory note, and any book, list, card or other document relating to betting, and any instrument, machine or thing capable of being used in connection with betting, found—

(i) at or on the place, premises or vehicle in connection with which the contravention was committed; or

(ii) on any person while he or she was at or on such place, premises or vehicle; and

(b) any such vehicle,

shall be forfeited to the Provincial Government.

(3) A court convicting a person of a contravention of section 79 shall declare the money, book, list, card or other document in connection with which such contravention was committed forfeited to the Provincial Government.

86. Presumptions.—In a prosecution in terms of this Act it shall be presumed—

(a) in a case where it is proved that a person had a bet with a person under the age of eighteen years, that he or she knew that such person was under that age unless it is proved that he or she had a good reason (other than the statement of the person with whom he or she made the bet) to believe that the said person was of the age of eighteen years or over;

(b) unless the contrary is proved—

(i) that a place, premises or vehicle was used, kept or kept open for the purpose of betting or for a purpose connected with betting, when it has been proved that a book, account, betting slip, race-card, document, article or other thing relating to betting or capable of being used in connection with betting was found at or on such place, premises or vehicle;

(ii) that a person was without lawful excuse or on a place, premises or vehicle referred to in subparagraph (i) when it has been proved that such person was found at or on such place, premises or vehicle.

87. Regulations.—(1) The responsible Member may make regulations in regard to—

(a) the requirements to be complied with in connection with an application for a licence or authority in terms of this Act and the manner in which such application shall be dealt with and considered;

(b) the constitution, control or management of a racing club, a tattersalls club or TAB North West;

(d) the control and management of totalizators and premises kept open in terms of section 66 and

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the rules and conditions applicable to bets with a totalizator;

(e) the control and management of betting rooms;

(f) the regulation and control of the business of a bookmaker, the regulation of the rights to operate as a bookmaker on a racecourse or in a betting room and the duties of bookmakers in relation to racing and tattersalls clubs;

(g) the regulation and control of betting;

(h) the establishment and management of a fund for the promotion of horse-racing and the development of racecourses and associated facilities, and the imposition of a levy to be paid to such fund by racing clubs and bookmakers;

(i) the records to be kept and the returns to be rendered by a racing club, tattersalls club, bookmaker and the Board, and the inspection and control of such records;

(j) any matter which may in terms of this Act be prescribed;

(k) generally, without such generality being limited by any of the preceding provisions, any matter which he considers it necessary or expedient to regulate in order that efficient administration and the purposes of this Act may be achieved.

88. Responsible Member may enter into agreements.—The responsible Member may with the approval of the Executive Council enter into an agreement with another Provincial government and with the Totalizator Agency Board resorting under the jurisdiction of such other provincial government in relation to the transfer of totalizator agencies of that Board which, at the time of the coming into effect of this Act, operated within the boundaries of the North West Province, to TAB North West.

89. Transitional Provisions.—Any licence or permit issued in terms of the Bophuthatswana Gaming and Betting Act, 1989, or in terms of any Transvaal or Cape Ordinance which were applicable in any area of the North West, shall subject to the provisions of section 88, be deemed to have been issued in terms of this Act, and the renewal or transfer of any such licence or permit, shall be dealt with in accordance with the provisions of this Act.

90. Gambling debts enforceable.—(1) Any gambling debt lawfully incurred by a person in the course of gambling activities at a casino, or in the course of a bet taken with a totalizator or bookmaker after the date of coming into effect of this Act shall be enforceable in a court of law.

(2) Any gambling debt lawfully owed by a casino, totalizator or bookmaker shall likewise, be enforceable in a court of law.

91. Recommendations, guidelines by Lotteries and Gambling Board.—No authority with the power to grant a licence or permit under or in terms of the provisions of this Act, shall issue or grant such licence or permit without due regard being had to the recommendations and guidelines if any, by the Lotteries and Gambling Board, in terms of the Lotteries and Gambling Board Act, 1993.

92. Repeal of laws.—The Bophuthatswana Casino Act, 1977 (Act 19 of 1977) and the Bophuthatswana Gaming and Betting Act, 1989 (Act 39 of 1989), are hereby repealed.

93. Short title and date of commencement.—(1) This Act shall be called the North West Casino, Gaming and Betting Act, 1994, and shall come into operation on a date fixed by the responsible Member.

(2) Different dates may be so fixed in respect of different provisions of this Act, and dates so fixed may differ in respect of different—

(a) persons or categories of persons; or

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(b) areas in the Province.

(3) In the event of the coming into effect of this Act in an area the Province where legislation on casino, gaming or betting applies which have not been repealed in terms of section 92, the notice whereby his Act is put into operation in that area, may also contain a provision whereby such legislation is repealed.

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NORTH WEST PROVINCIAL YOUTH COMMISSION ACT

NO. 14 OF 1994

[ASSENTED TO 9 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 11 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To provide for the establishment of a Provincial Youth Commission, the powers and functions of such Youth Commission, the appointment, tenure of office and the appointment of the staff of the Youth Commission; and to provide for incidental matters.

1. Definitions.—In this Act, unless inconsistent with the context —

"Commission" means the Provincial Youth Commission established by section 2;

"Constitution" means the Constitution of the Republic of South Africa, 1993;

"Province" means the Province of the North West; and

"Premier" means the Premier of tee Province of the North West as contemplated by section 145 (1) of the Constitution.

2. Establishment of Provincial Youth Commission.—(1) There is hereby established a Provincial Youth Commission which shall exercise and perform the powers, functions and duties prescribed by this Act.

(2) The Commission shall, in respect of the exercise and performance of its powers, functions and duties, be accountable to the Provincial Legislature.

3. Composition of Provincial Youth Commission.—(1) The Commission shall consist of ten members appointed by the Premier, after consultation with the youth organisations in the Province, from the members of the Provincial Legislature and selected individuals, being—

(a) the head of the Commission who shall act as Special Advisor to the Premier and be the chairperson of the Commission;

(b) the deputy head of the Commission who shall act as and exercise and perform the powers, functions and duties of the chairperson when the office of the chairperson is vacant or the chairperson is incapacitated;

(i) Social Services;

(ii) Economic Activity;

(iii) Education and Training;

(iv) Juvenile Justice;

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(v) Finance and Administration;

(vi) Research, Information and Publicity;

(vii) Rural/Agriculture; and

(viii) Recreation, Arts, Sports and Culture.

(2) Subject to the provisions of subsection (3), a member of the Commission shall hold office for a period commencing on the establishment of the Commission, and terminate on the date upon which the five year term of the Provincial Legislature is dissolved as contemplated by section 128 (2) of the Constitution.

(3) The term of office of any member may before the expiration thereof be terminated by the Commission (whereupon the member concerned shall be removed from office)—

(a) on account of his misconduct;

(b) on account of unfitness for the duties of his office;

(c) on the ground of a permanent infirmity of mind or body which renders him incapable of discharging the duties of his office or discharging them properly.

(4) The office of a member shall become vacant—

(a) when he dies;

(b) when his term of office is terminated in terms of subsection (3);

(c) if he is absent from three consecutive meetings of the Commission without the prior consent of the Commission or that of its chairman;

(d) if he is a member by virtue of being a member of the Provincial Legislature and he ceases to be such a member.

(5) Any vacancy in the Commission shall be filled by the nomination of another member by the Premier in terms of this Act as soon as may be reasonably practicable after the occurrence of such vacancy, and any member so nominated shall remain in office for the unexpired portion of his predecessor’s term of office.

(6) The members of the Commission, other than the members of the Commission who are members of the Provincial Legislature, shall be paid such remuneration as the Provincial Legislature may from time to time determine.

4. Powers and functions of Commission.—The Commission shall, in addition to the powers and functions assigned to it in terms of this Act or under any other law, be competent to—

(a) formulate appropriate policies on matters affecting the youth in the Province;

(b) make the necessary submissions through the Premier to the Provincial Legislature in regard to the policies of the youth in the Province;

(d) monitor Provincial Legislation and its impact on the youth;

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(e) convene interdepartmental meetings on specific issues facing the youth;

(f) monitor the activities of departments that impact directly on the youth;

(g) co-ordinate and ensure the implementation of specific programmes for the youth.

5. Financing of Commission.—The Commission shall be financed and be provided with a working capital out of moneys from time to time appropriated to the Commission by the Provincial Legislature.

6. Accountability of Commission.—The Commission shall be accountable to the Provincial Legislature through the office of the Premier.

7. Staff of Commission.—The Commission shall, in consultation with the Premier, appoint officers to assist the Commission in the performance of its functions and duties referred to in section 4.

8. Regulations.—(1) The Premier may, after consultation with the Commission, make regulations not inconsistent with the provisions of this Act in relation to—

(a) the functions, powers and duties of members of the Commission referred to in section 3 (1) (c);

(b) the calling of meetings of the Commission, the procedure and quorum at such meetings;

(c) generally, in regard to any matter which the Premier may consider necessary to prescribe or regulate in order to attain or further the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.

9. Short title.—This Act shall be called the North West Youth Commission Act, 1994.

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NORTH WEST CONSUMER AFFAIRS SECOND AMENDMENT ACT

NO. 15 OF 1994

[ASSENTED TO 9 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 11 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To further amend the North West Consumer Affairs Act, 1984, in relation to the short title; in section 1 to substitute the definition of "Council"; in section 4 to substitute the words "Consumer Council of Bophuthatswana" for the words "North West Consumer Council"; to generally substitute the term "Minister of Finance" for the term "Member of the Executive Council responsible for Finance and Provincial Expenditure" so as to bring it in line with the term used in the Constitution of the Republic of South Africa, 1993; and to provide for matters incidental thereto.

1. Amends section 1 of the North West Consumer Affairs Act, No. 34 of 1984 by substituting the definition "Council".

2. Substitutes section 4 of the North West Consumer Affairs Act, No. 34 of 1984.

3. Amends section 7 of the North West Consumer Affairs Act, No. 34 of 1984 as follows:– paragraph (i) substitutes subsection (1) (d) and paragraph (ii) substitutes subsection (2) (a).

4. Substitutes section 40 of the North West Consumer Affairs Act, No. 34 of 1984.

5. Amends the North West Consumer Affairs Act, No. 34 of 1984 by generally substituting the term "Minister of Finance" Finance" for the term "Member of the Executive Council responsible for Finance and Expenditure".

6. Short title.—This Act shall be called the North West Consumer Affairs Second Amendment Act, 1994.

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TAUNG AGRICULTURAL COLLEGE AMENDMENT ACT

NO. 16 OF 1994

[ASSENTED TO 15 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 18 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To amend the L. M. Mangope Agricultural College Act, 1989; so as to change the name of that body to "Taung Agricultural College" and, with the view to giving effect to such change, to effect such amendment to that Act (including the short title) as may be necessary; to change the designation of "Minister" to "responsible Member", in section 5 to dissolve the existing Board; to insert a new section 37A providing for the extension of application of this Act to the whole territory of North West: and generally to substitute some terms so as to bring them in line with the terms used in the Constitution of the Republic of South Africa, 1933; and to provide for incidental matters.

1. Amends section 1 of the Taung Agricultural College Act, No. 11 of 1989 as follows:– paragraph (a) substitutes the definition "College", paragraph (b) inserts the definition "Constitution", paragraph (c) deletes the definition "Minister" and paragraph (d) inserts the definitions "Republic" and "responsible Member".

2. Substitutes section 2 of the Taung Agricultural College Act, No. 11 of 1989.

3. Substitutes section 5 of the Taung Agricultural College Act, No. 11 of 1989.

4. Substitutes section 7 of the Taung Agricultural College Act, No. 11 of 1989.

5. Amends section 8 of the Taung Agricultural College Act, No. 11 of 1989 as follows:– paragraph (a) (i) amends subsection (1), paragraph (a) (ii) substitutes subsection 1 (a), 1 (b), 1 (c) and 1 (d), paragraph (a) (iii) inserts subsection 1 (e), and paragraph (b) amends subsection (2).

6. Amends section 36 of the Taung Agricultural College Act, No. 11 of 1989 as follows:– paragraph (a) substitutes paragraph (b), paragraph (b) amends paragraph (c) and paragraph (c) substitutes paragraphs (e) (iii) and (e) (iv).

7. Amends the Taung Agricultural College Act, No. 11 of 1989 by adding section 37A.

8. Substitutes section 38 of the Taung Agricultural College Act, No. 11 of 1989.

9. Amends the Taung Agricultural College Act, No. 11 of 1989 by generally substituting the terms "Republic", "Minister", "Minister of Education", "Gazette", "Parliament" or " National Assembly", "chairman", "vice-chairman", "L. M. Mangope Agricultural College" and "Minister of Public Works", "he", "his", "him" and "himself" for the terms "Province", "responsible Member", "Member of the Executive Council responsible for Education, Training and Culture", "Provincial Gazette", "Provincial Legislature", "chairperson", "vice-chairperson", "Taung Agricultural College", "Member of the Executive Council responsible for Public Works", "he or she", "his or her", him or her" and "himself or herself" respectively.

10. Short title.—This Act shall be called the Taung Agricultural College Amendment Act, 1994.

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NORTH WEST AGRICULTURAL MARKETING AMENDMENT ACT

NO. 17 OF 1994

[ASSENTED TO 15 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 18 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To amend the Agricultural Marketing Act, 1989; in section 1 to insert the definition of responsible "Member" and to delete the definition of "Minister"; in section 4 so as to change the composition of the Board and to dissolve the existing Board; in section 5 to further provide for the disqualification of a member of the Board; in section 18 to further provide for the removal of the General Manager from office; in section 20 in regard to the secondment of officers in the Public Service to the Board in terms of the Public Service Act, 1994; in section 49 so as to provide that the responsible Member only guarantees a loan subject to the provisions of section 30 of the North West Provincial Exchequer Act, 1994 read with section 157 (3) of the Constitution of the Republic of South Africa, 1993; to generally substitute some terms so as to bring them in line with the terms used in the Constitution of the Republic of South Africa, 1993; and to provide for incidental matters.

1. Amends section 1 of the North West Agricultural Marketing Act, No. 29 of 1989 as follows:– paragraph (a) inserts the definition "Constitution", paragraph (b) substitutes the definition "dealing in course of trade", paragraph (c) deletes the definition "Minister", paragraph (d) substitutes the definition "producer", paragraph (e) substitutes the definitions "Province" and "responsible Member" and paragraph (f) substitutes the definition "the Board".

2. Substitutes section 4 of the North West Agricultural Marketing Act, No. 29 of 1989.

3. Substitutes section 5 of the North West Agricultural Marketing Act, No. 29 of 1989.

4. Substitutes section 6 of the North West Agricultural Marketing Act, No. 29 of 1989.

5. Substitutes section 18 of the North West Agricultural Marketing Act, No. 29 of 1989.

6. Amends section 20 of the North West Agricultural Marketing Act, No. 29 of 1989 as follows:– paragraph (a) substitutes paragraph (a) and paragraph (b) amends paragraph (b).

7. Amends section 43 of the North West Agricultural Marketing Act, No. 29 of 1989 as follows:– paragraph (a) (i) amends subsection (2) (b), paragraph (a) (ii) amends subsection (2) (d) and paragraph (b) amends subsection (3).

8. Amends section 46 of the North West Agricultural Marketing Act, No. 29 of 1989 by substituting subsection (1).

9. Amends section 49 of the North West Agricultural Marketing Act, No. 29 of 1989 as follows:– paragraph (a) amends subsection (1), paragraph (b) substitutes subsection (2) and paragraph (c) amends subsections (3) and (4).

10. Amends section 51 of the North West Agricultural Marketing Act, No. 29 of 1989 as follows:– paragraph (a) amends subsection (2) and paragraph (b) substitutes subsection (4).

11. Amends section 62 of the North West Agricultural Marketing Act, No. 29 of 1989 by deleting paragraph (b).

12. Amends the North West Agricultural Marketing Act, No. 29 of 1989 by adding section 68A.

13. Substitutes section 70 of the North West Agricultural Marketing Act, No. 29 of 1989.

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14. Amends the North West Agricultural Marketing Act, No. 29 of 1989 by generally substituting the terms "Republic", "Minister", "Minister of Finance", "Gazette", "Bophuthatswana", "chairman", "vice-chairman", "chairpersonship", "Parliament", "National", "national", "he", "him", "his", and "himself" for the terms "Province", "responsible Member", Member", "Member of the Executive Council responsible for Finance and Provincial Expenditure", "Provincial Gazette", "North West", "chairperson", "vice-chairperson", "chairpersonship", "Provincial Legislature", "Provincial", "he or she", "him or her", "his or her" and "himself or herself" respectively.

15. Short title.—This Act shall be called the North West Agricultural Marketing Amendment Act, 1994.

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NORTH WEST COMMISSIONS ACT

NO. 18 OF 1994

[ASSENTED TO 16 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 18 NOVEMBER, 1994]

(English text signed by the Premier)

ACT

To make provision for the conferment of certain powers on commissions appointed by the Premier in terms of section 147 (1) (d) of the Constitution of the Republic of South Africa Act, 1993 to investigate matters of public concern; to regulate certain matters pertaining to the investigations and proceedings of commissions; to repeal the Bophuthatswana Commissions Act, 1985; and to provide for incidental matters.

1. Application of Act, and Premier’s power to make regulations, in relation to commissions.—(1) Whenever the Premier has, before or after the commencement of this Act, appointed a commission for the purpose of investigating a matter of public concern (hereinafter referred to as a commission) in terms of section 147 (1) (d) of the Constitution of the Republic of South Africa Act, 1993 the provisions of this Act shall, subject to the provisions of subsection (2), apply in relation to such commission.

(2) Whenever a commission has been appointed as contemplated by subsection (1), the Premier may, by proclamation in the Provincial Gazette—

(a) declare that the application of this Act in terms of subsection (1) shall, in relation to the commission in question, be subject to such modifications and/or exceptions as he or she may specify in the proclamation;

(b) declare that the provisions of this Act shall not apply in relation to the commission in question, whether wholly or to such extent as may be specified in such proclamation;

(i) conferring additional powers on the commission;

(ii) providing for the manner of holding or the procedure to be followed at the investigation or for the preservation of secrecy;

(iii) which he or she may deem or expedient to prevent the commission or a member of the commission from being insulted, disparaged or belittled or to prevent the findings of the commission from being prejudiced, influenced or anticipated;

(iv) providing generally for all matters which he or she considers expedient to prescribe for the purposes of the investigation.

(3) Any regulation made under subsection 2 (3) (c) may prescribe penalties for any contravention thereof or failure to comply therewith, by way of—

(a) in the case of a regulation referred to in subparagraph (i), (ii) or (iv) of subsection (2) (c), a fine not exceeding two thousand rand or imprisonment for a period not exceeding six months;

(b) in the case of a regulation referred to in subparagraph (iii), of subsection (2) (c), a fine not

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exceeding four thousand two hundred rand or imprisonment for a period not exceeding one year.

(4) Notwithstanding any provisions to the contrary in any other law, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by regulation referred to in subsection (3).

2. Sittings of commissions.—A commission may sit at any place within the Province for the purposes of conducting its investigations and hearing evidence or addresses or of deliberating.

3. Powers of commissions as to witnesses.—(1) For the purpose of ascertaining any matter relating to the subject of its investigations, a commission shall in the Province have the same powers mutatis mutandis, as a Provincial Division of the Supreme Court of South Africa to summon witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents, films, recordings, materials, equipment, substances and objects (whether in solid or liquid form) in their possession or custody. or under their control.

(2) A summons for the attendance of a witness or for the production of any books, documents, films, recordings, materials, equipment, substances and objects before a commission shall be signed and issued by the secretary of the commission in a form prescribed by the chairperson of the commission and shall be served mutatis mutandis in the same manner as a summons for the attendance of a witness at a criminal trial in a Provincial Division of the Supreme Court of South Africa at the place where the attendance or production is to take place.

(3) If required to do so by the chairperson of the commission a witness shall, before giving evidence or being examined, take an oath or make an affirmation, which oath or affirmation shall be administered by the chairperson of the commission or such official of the commission as the chairperson may designate.

(4) Any person who has been summoned to attend any sitting of a commission as a witness or who has been examined by or given evidence before a commission. shall be entitled to the same witness fees from public funds as if he or she had been summoned to attend or had given evidence at a criminal trial in a Provincial division of the Supreme Court of South Africa held at the place of such sitting, and in connection with the giving of any evidence or the production of anything referred to in subsection (1) before a commission, the law relating to privilege as applicable to a witness giving evidence or summoned to produce a book or document in that Court, shall mutatis mutandis apply.

4. Sittings of commission to be public except in certain circumstances.—The evidence and addresses heard and the examinations conducted by a commission shall be heard and conducted in public: Provided that the chairperson of the commission may, in his or her discretion, exclude from the place where such evidence is to be given or such address is to be delivered or such examination is to be conducted any class of person or all persons whose presence at the hearing of such evidence or address or the conduct of such examination is in his or her opinion not necessary or desirable.

5. Specific offences in relation to members of commissions, and in relation to the interruption, disturbance, hindering or obstruction of commission.—(1) Any person who insults, disparages or belittles any member of a commission or the secretary thereof or wilfully interrupts the proceedings of a commission or otherwise wilfully disturbs the good order of its proceedings, or who wilfully hinders or obstructs a commission in the exercise and performance of its powers, functions and duties, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.

(2) Without derogating from the provisions of subsection (1) , the chairperson of a commission may order the person contemplated by that subsection, to be removed and detained in custody until the rising of the commission.

6. Offences by witnesses.—(1) Any person summoned to attend and give evidence before or to be examined by a commission, who, without sufficient cause (the onus of proof whereof shall rest upon him or her)—

(a) fails to attend at the time and place specified in the summons or to remain in attendance until the conclusion of the inquiry or until he or she is excused by the chairperson of the commission from further attendance; or

(b) having attended, refuses to take the oath or to make an affirmation as a witness after he or she has been required by the chairperson of the commission to do so; or

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(c) after having taken the oath or having made an affirmation, fails or refuses to answer fully and to the satisfaction of the commission, to the best of his or her knowledge, any question lawfully put to him or her in the course of the inquiry; or

(d) fails to produce any book, document, film, recording, material, equipment, substance or object in his or her possession or custody or under his or her control, which he or she has been summoned to produce in terms of section 3 (2),

shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.

(2) Any person who after having taken the oath or having made an affirmation, makes a false statement or gives false evidence before a commission on any matter, knowing such statement or evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment.

7. Prohibition and offences in regard to matters under investigation by commission.—(1) Until such time as a commission has concluded its investigations, no person shall—

(a) at any meeting open to members of the public or any section thereof;

(b) in any placard, poster, handbill, circular, letter or document directed to members of the public or any section thereof;

(d) in any broadcast by way of radio or television,

state, express, impart or distribute his or her views, comments or opinions, or those of any other person, organisation or body, in regard to—

(i) any matter pertaining to or relevant in connection with the subject of such investigation;

(ii) the evidence given or placed before the commission, and the reliability of such evidence or the possible or probable effect thereof on the investigations, findings and recommendations of the commission;

(iii) the credibility, attitude or character of any person who has given or placed evidence before the commission or has been or is likely to be called upon or summoned for that purpose or who has requested to give or place evidence before the commission;

(iv) the attitude or character of any member of the commission.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1), shall be guilty of an offence and liable on conviction to a fine not exceeding four thousand two hundred rand or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(3) Whenever a person who commits an offence in terms of subsection (1), does so in his or her capacity as agent or employee of any other the person (hereinafter referred to as the employer), then, unless the employer proves that—

(a) he or she did not openly permit or approve the act complained of which constitutes such offence; and

(b) he or she took all reasonable measures to prevent an act. of the nature complained of; or

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(c) such act did not under any conditions or in any circumstances fall within the scope of the authority or the course of the employment of such agent or employee,

the employer shall be deemed to have performed that act himself and shall be liable to be convicted and sentenced in respect thereof, as contemplated by subsection (2), and for the purposes of paragraph (b) of this subsection, the fact that the employer forbade an act of the nature in question, shall not by itself be regarded as sufficient proof that he or she took all reasonable members to prevent such an act.

(4) The conviction of an agent or employee on account of an offence referred to in subsection (2) shall not preclude the conviction of an employer in terms of subsection (3), and vice versa.

8. Victimisation or threatening of witnesses or prospective witnesses, prohibited and an offence.—(1) No person shall directly or indirectly, whether by himself or herself or through any other person acting on his or her behalf and with his or her authority, and whether verbally or by any act or conduct, victimise or threaten any person on account of—

(a) the fact that the lastmentioned person has given or placed evidence before a commission or has been or is likely to be called upon or summoned for that purpose or has made or requested to make representations to or requested to give or place evidence before the commission; or

(b) the nature or contents of any evidence or representations contemplated by paragraph (a).

(2) For the purposes of subsection (1), "threaten" means the expression of any threat which, should it be executed, will or is likely to endanger the life or physical safety or will or is likely to adversely affect the well-being or patrimony of the addressee, the members of his or her family or those closely associated with him or her or will or is likely to detract from or adversely affect his or her or their reputation or standing in the community.

(3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(4) The provisions of subsection (3) and (4) of section 7 shall mutatis mutandis apply in relation to an offence in terms of subsection (3) of this section.

9. Representation of witnesses.—Any person whose conduct is the subject of inquiry by commission, or who is in any way implicated or involved with the matter under investigation, shall be entitled to be represented at the inquiry by an advocate or attorney of the .Supreme Court of South Africa, and any other person who may consider it desirable that he or she should be so represented, may, by leave of the commission, be so represented.

10. Members of commission and its secretary, not civilly or criminally liable.—(1) A member of a commission shall not be civilly or criminally liable in respect of any act performed or anything said or done by him or her in the performance of his or her functions as such a member.

(2) The provisions. of subsection (1) shall mutatis mutandis apply in respect of the secretary of a commission in relation to any act performed or anything said or done by him in the performance of his duties as such a secretary.

11. Appointment and proceedings of commission not affected by death, removal from office, etc., of its members or of the Premier.—The appointment of a commission shall not lapse and its proceedings shall not in any way be affected—

(a) by the death, removal from office or resignation of a member of the commission, provided the vacancy arising in the commission is duly filled within fourteen days of the occurrence of such vacancy;

(b) by the death, absence, removal from office or resignation of the Premier who had appointed the commission.

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12. Repeal of laws and saving.—(1) Subject to the provisions of subsections (2) and (3), the Commissions Act, 1985 is hereby repealed.

(2) All proclamations and regulations which, immediately prior to the date of commencement of this Act, are of force under any law repealed in terms of subsection (1), shall, notwithstanding such repeal and in so far as they are not inconsistent with the provisions of this Act, continue to be of force as from such date until such time as any such proclamation or regulation is amended, substituted or repealed in terms of this Act or by or in terms of any other law.

(3) In so far as the investigations, inquiries or proceedings of any commission appointed prior to the date of commencement of this Act have not been concluded on such date, any declaration or summons made or signed, issued or served, any power, function and duty exercised and performed and any action taken or thing done, in terms of any law repealed in terms of subsection (1), shall be deemed to have been made, signed, issued, served, exercised, performed, taken or done in terms of the corresponding provisions of this Act.

13. Short title.—This Act shall be called the North West Commissions Act, 1994.

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PAYMENT OF MEMBERS OF THE NORTH WEST PROVINCIAL

LEGISLATURE ACT

NO. 19 OF 1994

[ASSENTED TO 16 NOVEMBER, 1994] [DATE OF COMMENCEMENT: 27 APRIL, 1994]

(English text signed by the Premier)

ACT

To provide for the payment of remuneration and allowances to members of the Provincial Legislature, and to provide for incidental matters.

1. Definitions.—In this Act, unless the context indicates otherwise—

"committee" means a committee consisting of members of the Provincial Legislature and appointed for or in connection with the business and proceedings of the Provincial Legislature;

"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);

"House" means the Provincial Legislature;

"officer of the Provincial Legislature" means the secretary to the Provincial Legislature, and any other person who may be appointed to the staff of the Provincial Legislature; and

"presiding officer" means the Speaker or Deputy Speaker of the Provincial Legislature and such other member who has been nominated to act as temporary chairperson of a committee.

2. Remuneration and allowances of members of Provincial Legislature and officers.—Members of the Provincial Legislature and such officers of the Provincial Legislature as may he determined by the Premier by proclamation in the Gazette, shall be paid such remuneration and allowances as may be determined by the Premier, having due regard to the recommendations of the Commission of Remuneration of Representatives referred to in section 207 of the Constitution.

(2) Notwithstanding the provisions of subsection (1)—

(a) a person who holds different offices at the same time is entitled to remuneration and allowances only in respect of that one of such offices which bears the highest remuneration;

(b) no remuneration or allowances is payable or due under this Act to any person who is a Premier or a member of the Executive Council.

(3) (a) Paragraph d( ) of section 8 (1) of the Income Tax Act, 1962 (Act 58 of 1962), shall apply to such portion of the remuneration of a member of the Provincial Legislature or an officer as may be determined by the Premier, as if that amount were an allowance granted to the member or officer as contemplated in that paragraph.

(b) Different portions may be determined under paragraph (a) in respect of different amounts of remuneration.

3. Deductions on account of absence.—(1) Subject to the provisions of subsections (2) and (3), there shall from the amount payable in terms of this Act to a member of the Provincial Legislature (other than a presiding officer), the sum of

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one hundred rand for every day, on which he or she fails to attend a meeting—

(a) of the House; or

(b) of a committee of which he or she is a member,

unless the meeting which is not attended by the member takes place at the same time as any other meeting referred to in paragraph (a) or (b), which other meeting is attended by him or her.

(2) For the purposes of subsection (1), a member of the Provincial Legislature shall not be regarded as having attended a meeting of a committee unless he or she remained in attendance until the adjournment of the meeting or was excused from further attendance by the chairperson of the committee before the adjournment.

(3) No deduction shall be made under subsection (1) on account of the failure of a member of the Provincial Legislature —

(a) to attend any meeting referred to in that subsection, if the member’s absence is due to—

(i) the member’s illness or the summons or subpoena of a competent court (except a summons to answer a criminal charge upon which he or she is convicted);

(ii) the death or serious illness of the spouse or child of the member, and such absence is condoned by the presiding officer concerned; or

(iii) the member’s service with the National Defence Force, or with any other force or service established by or under the Defence Act, 1957 (Act 44 of 1957), during a state of national defence;

(b) to attend a meeting of the House in respect of any further period of absence not exceeding 30 days during any calendar year; or

(c) to attend a meeting of a committee referred to in that subsection, if the master’s absence is not due to any circumstances referred to in paragraph (a) of this subsection but is condoned by the presiding officer on good cause shown by the member.

4. Payment of remuneration and allowances.—Subject to the provisions of section 3, the Secretary to the Provincial Legislature shall pay to every member in terms of this Act in monthly instalments, the first month to be reckoned, in the case of a member of the Provincial Legislature nominated in terms of section 44 (2) of the Constitution to fill a vacancy, from the date on which the previous member vacated his or her seat in the Provincial Legislature or the date of receipt of the nomination by the Speaker of the Provincial Legislature, whichever is the later date.

5. Charges to Provincial Revenue Fund.—The amount payable in respect of remuneration and allowances in terms of this Act shall be charged annually to the Provincial Revenue Fund, and the provisions of this section shall be deemed to be an appropriation of every such amount.

6. Savings.—Any remuneration or allowances paid to any member of the Provincial Legislature or to an officer by the Secretary to the Provincial Legislature after 27 April 1994, but before the commencement of the first proclamation under section 2 (1) of this Act, and purporting to have been remuneration or allowances as contemplated in section 135 (4) of the Constitution, shall be deemed to have been determined under this Act.

7. Short title and date of commencement.—This Act shall be called the Payment of Members of the North West Provincial Legislature Act, 1994, and shall be deemed to have come into operation on the twenty-seventh day of April, 1994.

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