constitution of the republic of south africa: transfer of...

3 STAATSKOERANT, 1 JULIE 2009 No.32367

PROCLAMATION

by the

President of the Republic of South Africa

No. 44, 2009

TRANSFER OF ADMINISTRATION AND POWERS AND FUNCTIONS

ENTRUSTED BY LEGISLATION TO CERTAIN CABINET MEMBERS IN TERMS

OF SECTION 97 OF THE CONSTITUTION

In terms of section 97 of the Constitution of the Republic of South Africa, 1996, I hereby

transfer the administration and powers and functions entrusted by the specified legislation,

and all amendments thereto, to the specified Cabinet member as set out in the Schedule in

English and isiZulu with effect from the date of publication of this Proclamation in the

Gazette.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 22nd

day of June, Two Thousand and Nine.

President

By Order of the President-in-Cabinet:

Minister of the Cabinet

4 No.32367 GOVERNMENT GAZETTE, 1 JULY 2009

SCHEDULE

1. The administration and the powers and functions entrusted by the legislation,

mentioned in column 1 of the tables in paragraphs 1.1 to 1.14 below, to a Cabinet

member mentioned in column 2 of the tables, immediately before the President

assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in

column 3 of the tables.

1.1 AGRICULTURE RELATED LEGISLATION:

Legislation Previous Cabinet New Cabinet member member

Performing Animals Minister of Agriculture Minister of Agriculture, Protection Act, 1935 (Act and Land Mfairs Forestry and Fisheries No. 24 of 1935) Animals Protection Act, Minister of Agriculture Minister of Agriculture, 1962 (Act No. 71 of and Land Mfairs Forestry and Fisheries 1962) Perishable Products Minister of Agriculture Minister of Agriculture, Export Control Act, 1983 and Land Mfairs Forestry and Fisheries (Act No.9 of 1983)

1.2 BASIC EDUCATION RELATED LEGISLATION:

Legislation I Previous Cabinet • member

New Cabinet member

National Education Policy Act, 1996 (Act No. 27 of 1996)

Minister of Education Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below

South African Schools Act, 1996 (Act No. 84 of 1996)

Minister of Education Minister of Basic Education

Employment of Educators • Act, 1998 (Act No. 76 of

1998)

Minister of Education Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in

5 STAATSKOERANT,1 JULIE 2009 No. 32367

paragraph 1.7 below

South African Council for Educators Act, 2000 (Act No. 31 of 2000)

General and Further Education and Training

• Quality Assurance Act, I. 2001 (Act No. 58 of

2(01)

Minister of Education


Minister of Basic Education, except the administration and the powers and functions transferred to the Mini ster

dof Higher Education an Training as set out in

• paragraph 1.7 below

Minister of Basic Education, except the administration and the powers and functions

• transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below

1.3 ENERGY RELATED LEGISLATION:

I Legislation I Previous Cabinet

i member

Central Energy Fund Minister of Minerals and Act, 1977 (Act No. 38 of Energy 1977)

.._-----_..

• Petroleum Products Act, Minister of Minerals and 11977 (Act No. 120 of Energy · 1977) IAbolition of the Minister of Minerals and · National Energy Council · Energy i Act, 1991 (Act No. 95 of

I •

J22-11 I Nuclear Energy Act, 1993 • Minister of Minerals and (Act No. 131 of 1993) .> r 'Energy

Nuclear Energy Act, 1999 Minister of Minerals and (Act No. 46 of 1999) Energy

I National NucIear--

Rc/:,rulator Act, 1999 (Act Minister of Minerals and

• Energy

New Cabinet member

Minister of Energy

Minister of Energy

Minister of Energy

• Minister of Energy

Minister of Energy

Minister of Energy

I

I

I

• No. 47 of 1999-L_~_~_____~~__~_~~~~_~~_____~

Gas Act, 20()} (Act No. Minister of Minerals and Minister of Energy 48 of 20(1) Energy

Gas Regulator Levies Minister of Minerals and Minister of Energy • Act, 2002 (Act No. 75 of Energy

I ~~~~~~eum Pipe 1 inesAci~- +:-M-:-:-in-:-is-t-er-o-f::-MC-:-:i-ne-r-aC:-ls-a-n-d"'---+M---'-in-'i:-st~e-r-o-:Cf---E:-n-e-rg-y-'-----1

2003 (Act No. 60 of Energy ~L-____ _____'______..__..__._.L-__________-'

6 No. 32367 GOVERNMENT GAZETTE, 1 JULY 2009

2003) Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004)

Minister of Minerals and Energy

Minister of Energy

National Energy Regulator Act, 2004 (Act No. 40 of 2004)


Minister of Energy

Electricity Regulation Act, 2006 (Act No.4 of 2006)


Minister of Energy

National Energy Act, 2008 (Act No. 34 of 2008)


Minister of Energy

1.4 ENVIRONMENTAL RELATED LEGISLATION:

Legislation Previous Cabinet member

New Cabinet member

Sea-Shore Act, 1935 (Act Minister of Environmental Minister of Water and No. 21 of 1935) Affairs and Tourism Environmental Affairs

Prince Edwards Islands Minister of Environmental Minister of Water and Act, 1948 (Act No. 43 of Affairs and Tourism Environmental Affairs 1948)

Atmospheric Pollution Minister of Environmental Minister of Water and Prevention Act, 1965 Affairs and Tourism Environmental Affairs (Act No. 45 of 1965) Sea Birds and Seals Minister of Environmental Minister of Water and Protection Act, 1973 (Act Affairs and Tourism Environmental Affairs No. 46 of 1973)

National Parks Act, 1976 Minister of Environmental Minister of Water and (Act No. 57 of 1976) Affairs and Tourism Environmental Affairs

Dumping at Sea Control Minister of Environmental Minister of Water and Act, 1980 (Act No. 73 of Affairs and Tourism Environmental Affairs 1980)

Sea Fisheries Act, 1988 Minister of Environmental Minister of Water and (Act No. 12 of 1988) Affairs and Tourism Environmental Affairs

Environment Minister of Environmental Minister of Water and Conservation Act, 1989 Affairs and Tourism Environmental Affairs (Act No. 73 of 1989)

Antarctic Treaties Act, Minister of Environmental Minister of Water and 1996 (Act No. 60 of Affairs and Tourism Environmental Affairs 1996)

Wreck and Salvage Act, Minister of Environmental Minister of Water and 1996 (Act No. 94 of Affairs and Tourism Environmental Affairs

7 STAATSKOERANT, 1 JULIE 2009 No. 32367

1996) I

Environment Conservation Act Extension Act, 1996 (Act No. 100 of 1996)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

I

Marine Living Resources Act, 1998 (Act No. 18 of 1998)


Minister of Water and Environmental Affairs, except the administration and the powers and functions pertaining to

i mariculture, as defined in section 1 of the Act, which is transferred to the Minister of Agriculture, Forestry and Fisheries as

• set out in paragraph 1.8

i below

National Environmental Management Act, 1998 (Act No. 107 of 1998)


Minister of Water and---[ Environmental Affairs

World Heritage Convention Act, 1999 (Act No. 49 of 1999)



South African Weather Service Act, 2001 (Act

Minister of Environmental ! Affairs and Tourism


No.8 of 2(01) ~~-- .....-.--.

National Environmental Management: Protected

I Areas Act, 2003 (Act No. 57 of 20(H)



National Environmental ! Management:

Biodiversity Act, 2004 (Act No. 10 of 2(04)



National Environmental Management: Air Quality

Minister of Environmental i Affairs and Tourism


Act, 2004 (Act No. 39 o~

-~:~~:nal Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2(08)

Minister of Envif()-nmental I Affairs and Tourism !


I

National Environmental Management: Waste Act,

i 2008 (Act No. 59 of



I


1.5 FORESTRY RELATED LEGISLATION:


New Cabinet member

Management of State Minister of Water Affairs Minister of Agriculture, Forests Act, 1992 (Act and Forestry Forestry and Fisheries No. 128 of 1992)

National Forests Act, Minister of Water Affairs i Minister of Agriculture, 1998 (Act No. 84 of and Forestry Forestry and Fisheries 1998)

National Veld and Forest Minister of Water Affairs Minister of Agriculture, Fire Act, 1998 (Act No. and Forestry Forestry and Fisheries 101 of 1998)

1.6 GENDER RELATED LEGISIJATION:


New Cabinet member

Commission on Gender Minister of Justice and Minister of Women, Equality Act, 1996 (Act Constitutional Children and People with No. 39 of 1996) Development Disabilities

1.7 HIGHER EDUCATION AND TRAINING RELATED LEGISLATION:

i

Legislation Previous Cabinet I New Cabinet member I

Imember

National Education Minister of Education Minister of Higher Policy Act, 1996 (Act No. Education and Training 27 of 1996) insofar as the

administration and the powers and functions pertain to the determination of policy for

(a) public and private centres offering adult basic • education and training established as envisaged in the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000); and

9 STAATSKOERANT, 1 JULIE 2009 No.32367

i

(b) public and private colleges providing further education as envisaged in the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006),

including, but not limited i to, the powers and

Ifunctions entrusted by sections 2, 3, 4, 7, 8 and 11

i of the National Education Policy Act

Higher Education Act, 1997 (Act No. 101 of 1997)

i Minister of Education Minister of Higher Education and Training

Employment of Educators Act, 1998 (Act No. 76 of 1998)

Minister of Education Minister of Higher Education and Training insofar as the administration and the powers and functions pertain to an adult basic education centre, as defined in section 1 of the Act

....~.-..

National Student Minister of Education Minister of Higher . Financial Aid Scheme Education and Training i Act, 1999 (Act No. 56 of

1999)

South Mrican Council for Minister of Education Minister of Higher Educators Act, 2000 (Act Education and Training No. 31 of 2000) insofar as the

administration and the powers and functions pertain to the powers and functions of the South African Council for Educators in relation to adult learning centres, as defined in section 1 of the Act, mcludmg but not

Adult Basic Education and Training Act, 2000 (Act No. 52 of 20(0)


limited to the powers and functions entrusted by section 5 of the Act in relation to those centres

Minister of Higher Education and Training

I

10 NO.32367 GOVERNMENT GAZETTE, 1 JULY 2009

General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001)

Further Education and Training Colleges Act, 2006 (Act No. 16 of 20(6)

National Qualifications Framework Act, 2008 (Act No. 67 of 20(8)

Minister of Education Minister of Higher Education and Training insofar as the administration and the powers and functions pertain to the powers and functions entrusted to Umalusi, the Council for General and Further Education and Training Quality Assurance, established by section 4 of the General and Further Education and Training Quality Assurance Act in relation to

(a) public and private centres offering adult basic education and training as envisaged in the Adult Basic Education and Training Act, 2000; and

(b) public and private colleges providing further education as envisaged in the Further Education and Training Colleges Act, 2006,

including, but not limited to, the powers and functions entrusted by sections 2(b) and (c), 3, 16 to 21,23,26 and 28 of the General and Further Education and Training Quality Assurance Act

Minister of Education Minister of Higher Education and Training

Minister of Education Minister of Higher Education and Training

STAATSKOERANT, 1 JULIE 2009 No.32367 11

1.8 MARICULTURE (I.E. CULTURE OR HUSBANDRY OF FISH IN SEA

WATER) RELATED LEGISLATION

I Legislation Previous Cabinet New Cabinet member member

Marine Living Resources Minister of Environmental Minister of Agriculture, Act, 1998 (Act No. 18 of Affairs and Tourism Forestry and Fisheries 1998) insofar as the

administration and the powers and functions pertain to maricuiture, as defined in section 1 of the said Act, and includes the powers and functions entrusted by sections 12, 13, 18,25,26,28, 77 (with respect to mariculture and other matters pertaining to any

• of the provisions of the i said Act mentioned in this

paragraph), 78, 79, 80, 81

• Regulations 60 to 73 of the Re!:,'1llations in terms of the Marine Living Resources Act, 1998 (promulgated under Government Notice R. 1111 of 2 September 1998)

• Regulations 1, 5, 6 and 96 and any other provision of these Regulations insofar as it relates to the said regulations 60 to

and 83 of the said Act ----1----- ....~------.~

Minister of Environmental Minister of Agriculture, Affairs and Tourism Forestry and Fisheries

'--_.. __7._3________---'-_____________-'----___________1

1.9 MINERAL RESOURCES RELATED LEGISLATION:

Legislation i Previous Cabinet I New Cabinet member i

member ~ i---M-i-n-in-g-T-l-'tl-e-s-------1'M-in-j-s-te-r-o-f-M-l--n-e-ra·-l-s-a-nd-····- --+-M-i-n-ister of Mineral··· .

Registration Act, 1967 Energy Resources ,(Act No. 16 of 1?_6~7)'--_'_____...___....____...__--'-__________.._


Diamonds Act, 1986 (Act No. 56 of 1986)


Minister of Mineral Resources

Mineral Technology Act, 1989 (Act No. 30 of 1989) Geoscience Act, 1993 (Act No. 100 of 1993)





Mine Health and Safety Act, 1996 (Act No. 29 of 1996) Abolition of Lebowa Mineral Trust Act, 2000 (Act No. 67 of 2000) Minerals and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) Precious Metals Act, 2005 (Act No. 37 of 2005)









I

I

1.10 RURAL DEVELOPMENT AND LAND REFORM RELATED LEGISLATION:

Legislation ! Previous Cabinet member

: DeedsRegls nes Act, 11937 (Act No. 47 of • 1937)

. Mims er of Agriculture and Llnd Affairs

• Black Authorities Act, Minister of Agriculture 1951 (Act No. 68 of and Land Affairs 1951)

Kimberley Leasehold Minister of Agriculture . Conversion to Freehold and Land Affairs • Act, 1961 (Act No. 40 of

1961)

State Land Disposal Act, Minister of Agriculture 1961 (Act No. 48 of and Land Affairs 1961), insofar as it entrusts its administration and powers and functions to the Minister of Regional and Land Affairs

Removal of Restrictions Act, 1967 (Act No. 84 of 1967)

Minister of Agriculture and Land Affairs

New Cabinet member

Minister of Rura Development and Land Reform

Minister of Rural Development and Land Reform



Minister of Rural

I Development and Land i Reform


_M_ Minister of RuralPhysical Planning Act, Minister of Agriculture I Development and Land1967 (Act No. 88 of and Land Affairs i

Reform1967) 1-----::

Minister of Agriculture Minister of Rural Technical Surveyors' Act, Professional and

and Land Affairs Development and Land 1984 (Act No. 40 of Reform 1984) i

Sectional Titles Act, 1986 I Minister of Agriculture Minister of Rural (Act No. 95 of 1986) and Land Affairs Development and Land

Reform

Abolition of Racially Minister of Agriculture Minister of Rural Based Land Measures and Land Affairs Development and Land Act, 1991 (Act No. 108 of Reform 1991)

Upgrading of Land : Minister of Agriculture Minister of Rural Development and Land • Tenure Rights Act, 1991 i and Land Affairs I

! (Act No. 112 of 1991) • Reform I-~-,----------+---:--:------:------j---:-----:----:--------i i Physical Planning Act, i Minister of Agriculture Minister of Rural

1991 (Act No. 125 of and Land Affairs Development and Land i

1991) I Reform :------------------1-----

Land Titles Adjustment Minister of Agriculture IMinister of Rural Act, 1993 (Act No. 111 of and Land Affairs : Development and Land 1993)

I5istribution andfrans{er-Minist~r o(Agriculture

i Reform

l: Minister ofRurai~-~~: of Certain State Land Act, and Land Affairs Development and Land 1993 (Act No. 119 of . Reform :

1993) I I 1--------.-:---,--: ---:--:-----+--::-:--:-----,----~ --------~ ~- ---:-----------1

Land Reform: Provision : Minister of Agriculture Minister of Rural : of Land and Assistance i and Land Affairs Development and Land Act, 1993 (Act No. 126 of Reform 1993)

KwaZulu-Natal Minister of Rural Ingonyama Trust Act,

Minister of Agriculture and Land Affairs Development and Land

[994 (Act No. 3KZ of Reform 1994)

Restitution of Land Minister of Rural Rights Act, 1994 (Act

Minister of Agriculture and Land Affairs Development and Land

No. 22 of 1994) : Reform ~-------------- ----------------+----.-----_.--:-------------; . Land Administration Act, Minister of Agriculture Minister of Rural I.

1995 (Act No.2 of 1995)

Development Facilitation Act, 1995 (Act No. 67 of 1995)

and Land Affairs Development and Land Reform


Minister Rural Development and Land Reform


Land Reform (Labour Tenants) Act, 1996 (Act No.3 of 1996)



Communal Property Associations Act, 1996 (Act No. 28 of 1996)



Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996)



Land Survey Act, 1997 (Act No.8 of 1997)



Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)



Transformation of Certain Rural Areas Act, 1998 (Act No. 94 of 1998)



Abolition of Certain Title Conditions Act, 1999 (Act No. 43 of 1999)



Planning Profession Act, 12002 (Act No. 36 of

2002)



Spatial Data Infrastructure Act, 2003 (Act No. 54 of 2003)



Communal Land Rights Act, 2004 (Act No. 11 of 2004)



1.11 STATISTICS RELATED LEGISLATION


I New Cabinet member

Statistics Act, 1999 (Act No.6 of 1999)

Minister of Finance Minister in The Presidency responsible for national planning


1.12 TOURISM RELATED LEGISLATION:

Legislation Previous Cabinet New Cabinet member membert ---~-===~=~=====dF==================F================~

Tourism Act, 1993 (Act ! Minister of Environmental Minister of No. 72 of 1993) Affairs and Tourism

1.13 WATER RELATED LEGISLATION:

Legislation Previous Cabinet New Cabinet member member

Water Services Act, 1997 Minister of Water Affairs • Minister of Water and • (Act No. 108 of 1997) Iand Forestry IEnvironmental Affairs1==____..

National Water Act, 1998 Minister of Water Affairs Minister of Water and

I (Act N~~. 36 of 1998) I and Tourism I Environmental Affairs i

. . ..- ...----.- ..- ..-~.--..~.-~..--.~

1.14 YOUTH RELATED LEGISLATION:

Previous Cabinet-- ---r New Cabinet member member

-----1-::-:::-:--:-.--..--..-.. ··----··--1 National Youth Minister in The Presidency The President • Commission Act, 1996 II

i (Act No. 19 of 1996)

2. The administration and the powers or functions entrusted by legislation to a Cabinet

member mentioned in column 1 of the table below, immediately before the President

assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in

column 2 of the table below.

Cabinet member

and Local

of Human Settlements

of Foreign Affairs

Minister of Safety and Security

Minister for Intelligence Services

3. With respect to the departments mentioned below, the powers and functions entrusted

by the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1994),

mentioned in column 1 of the tables in paragraphs 3.1 and 3.2 below, to a Cabinet


member as executive authority of that department mentioned in column 2 of the tables

below, immediately before the President assumed office on 9 May 2009, is transferred

to the Cabinet member mentioned in column 3 of the tables below.

3.1 GOVERNMENT COMMUNICATION AND INFORMATION SYSTEM:

Powers and functions under the Public Service Act

Previous Cabinet member

! New Cabinet member

All powers and functions of the executive authority of the Department

Minister in The Presidency

Minister in The Presidency responsible for performance monitoring and evaluation

3.2 STATISTICS SOUTH AFRICA:

Powers and functions under the Public Service Act

Previous Cabinet member

I New Cabinet member

All powers and functions of the executive authority of the Department, subject to the Statistics Act, 1999 (Act No.6 of 1999)

Minister of Finance Minister in The Presidency responsible

• for national planning

constitution of the republic of south africa: transfer of...

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