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

Proclamations

Proclamation 49 of 2019

Transfer of Administration and Powers and Functions entrusted by Legislation to certain Cabinet Members in terms of Section 97 of the Constitution

Schedule

 

1. The administration and the powers and functions entrusted by the legislation, mentioned in column 1 of the tables below, to a Cabinet member mentioned in column 2 of the tables below, immediately before the President assumed office on 25 May 2019, are transferred to the Cabinet member mentioned in column 3 of the tables.

 

1.1 AGRICULTURE RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

Performing Animals Protection Act, 1935, (Act No. 24 of 1935)

Minister of Agriculture, Forestry and Fisheries

Minister of Agriculture, Land Reform and Rural Development

Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Animals Protection Act, 1962 (Act No. 71 of 1962)

Minister of Agriculture, Forestry and Fisheries

Minister of Agriculture, Land Reform and Rural Development

Fencing Act, 1963 (Act No. 31 of 1963)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Plant Improvement Act, 1976 (Act No. 53 of 1976)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Veterinary and Para-Veterinary Professions Act,1982 (Act No. 19 of 1982)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Perishable Products Export Control, 1983 (Act No. 9 of 1983)

Minister of Agriculture, Forestry and Fisheries

Minister of Agriculture, Land Reform and Rural Development

Agricultural Pests Act, 1983 (Act No. 36 of 1983)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Animal Diseases Act, 1984 Minister of Agriculture (Act No. 35 of 1984)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Liquor Products Act, 1989 (Act No. 60 of 1989)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Agricultural Research Act, 1990, (Act No. 86 of 1990)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Agricultural Produce Agents Act, 1992 (Act No.12 of 1992)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Abattoir Hygiene Act, 1992 (Act No. 121 of 1992)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Groot Constantia Trust Act, 1993 (Act No. 58 of 1993)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Agricultural Laws Extension Act, 1996 (Act No. 87 of 1996)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Animal Health Act, 2002 (Act No. 7 of 2002)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Animal Identification Act, 2002 (Act No. 6 of 2002)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

Plant Improvement Act, 2018 (Act No. 11 of 2018)

Minister of Agriculture

Minister of Agriculture, Land Reform and Rural Development

 

1.2 COMMUNICATION RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

Post and Telecommunication-Related Matters Act, 1958 (Act No. 44 of 1958)

Minister of Telecommunications and Postal Services

Minister of Communications

Telegraph Messages Protection Act, 1963 (Act No. 44 of 1963)

Minister of Telecommunications and Postal Services

Minister of Communications

Former States Posts and Telecommunications Act, 1996 (Act No. 5 of 1996)

Minister of Telecommunications and Postal Services

Minister of Communications

Sentech Act, 1996 (Act No. 63 of 1996)

Minister of Telecommunications and Postal Services

Minister of Communications

Former States Broadcasting Reorganisation Act, 1996 (Act No. 91 of 1996)

Minister of Telecommunications and Postal Services

Minister of Communications

Department of Communications Rationalisation Act, 1998 (Act No. 10 of 1998)

Minister of Telecommunications and Postal Services

Minister of Communications

Postal Services Act, 1998 (Act No. 124 of 1998)

Minister of Telecommunications and Postal Services

Minister of Communications

Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

Minister of Communications and Minister of Telecommunications and Postal Services

Minister of Communications

Media Development and Diversity Agency Act, 2002 (Act No. 14 of 2002)

Minister of Telecommunications

Minister of Communications

Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Minister of Telecommunications and Postal Services

Minister of Communications

Electronic Communications Act, 2005 (Act No. 36 of 2005)

Minister of Communications and Minister of Telecommunications and Postal Services

Minister of Communications

South African Post Bank Limited Act, 2010 (Act No. 9 of 2010)

Minister of Telecommunications and Postal Services

Minister of Communications

South African Post Office SOC Ltd Act, 2011 (Act No. 22 of 2011)

Minister of Telecommunications and Postal Services

Minister of Communications

 

1.3 ECONOMIC DEVELOPMENT RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

Industrial Development Corporation Act, 1940 (Act No. 22 of 1940)

Minister of Economic Development

Minister of Trade and Industry

Sugar Act, 1978 (Act No.9 of 1978)

Minister of Economic Development

Minister of Trade and Industry

Competition Act, 1998 (Act No. 89 of 1998)

Minister of Economic Development

Minister of Trade and Industry

International Trade Administration Act, 2002 (Act No. 71 of 2002)

Minister of Economic Development and Minister of Trade and Industry

Minister of Trade and Industry

Infrastructure Development Act, 2014 (Act No. 23 of 2014)

Minister of Economic Development

Minister of Public Works and Infrastructure

 

1.4 LAND REFORM AND RURAL DEVELOPMENT RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

Deeds Registries Act, 1937 (Act No. 74 of 1937)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Kimberley Leasehold Conversion to Freehold Act, 1961 (Act No. 40 of 1961)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Sectional Titles Act, 1986 (Act No. 95 of 1986)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Land Tides Adjustment Act, 1993 (Act No. 111 of 1993)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Distribution and Transfer of Certain State Land Act, 1993 (Act No. 119 of 1993)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 128 of 1993)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3KZ of 1994)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Land Administration Act, 1995 (Act No. 2 of 1995)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Planning Profession Act, 2002 (Act No. 36 of 2002)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

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

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

Geomatics Professions Act, 2013 (Act No. 19 of 2013)

Minister of Rural Development and Land Reform

Minister of Agriculture, Land Reform and Rural Development

 

1.5 STATISTICS RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

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

Minister in The Presidency responsible for Performance Monitoring and Evaluation

Minister in The Presidency

 

1.6 WOMEN, YOUTH AND PERSONS WITH DISABILITIES RELATED LEGISLATION:

 

Column 1

Column 2

Column 3

Legislation

Previous Cabinet Member

New Cabinet Member

National Youth Development Agency Act, 2008 (Act No. 54 of 2008)

Minister in The Presidency responsible for Performance of 2008) Monitoring and Evaluation

Minister in The Presidency:

Women, Youth and Persons with Disabilities

Commission on Gender Equality Act, 1996 (Act No. 39 of 1996)

Minister in The Presidency responsible for Women

Minister in The Presidency: Women, Youth and Persons with Disabilities

 

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 25 May 2019, are transferred to the Cabinet member mentioned in column 2 of the table.

 

Column 1

Column 2

Previous Cabinet member

New Cabinet member

Minister of Higher Education

Minister of Higher Education, Science and Technology

Minister of Science and Technology

Minister of Higher Education, Science and Technology

Minister of Human Settlements

Minister of Human Settlements, Water and Sanitation

Minister of Water and Sanitation

Minister of Human Settlements, Water and Sanitation

Minister of Labour

Minister of Employment and Labour

Minister of Public Works

Minister of Public Works and Infrastructure

Minister of Sport and Recreation

Minister of Sports, Arts and Culture

Minister of Arts and Culture

Minister of Sports, Arts and Culture

 

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 to 3.4 below, to a Cabinet member as executive authority of that department mentioned in column 2 of the tables, immediately before the President assumed office on 25 May 2019, are transferred to the Cabinet member mentioned in column 3 of the tables.

 

3.1 GOVERNMENT COMMUNICATION AND INFORMATION SYSTEM:

 

Column 1

Column 2

Column 3

Powers and functions under the Public Service Act, 1994

Previous Cabinet Member

New Cabinet Member

All powers and functions of the executive authority of the Department

Minister of Communications

Minister in The Presidency

 

 

3.2 PERFORMANCE MONITORING AND EVALUATION:

 

Column 1

Column 2

Column 3

Powers and functions under the Public Service Act, 1994

Previous Cabinet Member

New Cabinet Member

All powers and functions of the executive authority of the Department

Minister of Communications

Minister in The Presidency

 

 

3.3 STATISTICS SOUTH AFRICA

 

Column 1

Column 2

Column 3

Powers and functions under the Public Service Act, 1994

Previous Cabinet Member

New Cabinet Member

All powers and functions of the executive authority of the Department

Minister in The Presidency responsible for Planning, Monitoring and Evaluation

Minister in the Presidency