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

 

 

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

 

No. 44 of 2009

 

PROCLAMATION

by the

President of the Republic of South Africa

 

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

 

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 member

New Cabinet member

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

Minister of Agriculture and Land Affairs

Minister of Agriculture, Forestry and Fisheries

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

Minister of Agriculture and Land Affairs

Minister of Agriculture, Forestry and Fisheries

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

Minister of Agriculture and Land Affairs

Minister of Agriculture, Forestry and Fisheries

 

 

1.2 BASIC EDUCATION RELATED LEGISLATION:

 

Legislation

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 paragraph 1.7 below

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

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

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

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

 

 

1.3 ENERGY RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

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

Minister of Minerals and Energy

Minister of Energy

Petroleum Products Act, 1977 (Act No. 120 of 1977)

Minister of Minerals and Energy

Minister of Energy

Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991)

Minister of Minerals and Energy

Minister of Energy

Nuclear Energy Act, 1993 (Act No. 131 of 1993)

Minister of Minerals and Energy

Minister of Energy

Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Minister of Minerals and Energy

Minister of Energy

National Nuclear Regulator Act, 1999(Act No. 47 of 1999)

Minister of Minerals and Energy

Minister of Energy

Gas Act, 2001 (Act No. 48 of 2001)

Minister of Minerals and Energy

Minister of Energy

Gas Regulator Levies Act, 2002 (Act No. 75 of 2002)

Minister of Minerals and Energy

Minister of Energy

Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)

Minister of Minerals and Energy

Minister of Energy

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 Minerals and Energy

Minister of Energy

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

Minister of Minerals and Energy

Minister of Energy

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

Minister of Minerals and Energy

Minister of Energy

 

 

1.4 ENVIRONMENTAL RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

Sea-Shore Act, 1935 (Act No. 21 of 1935)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Prince Edwards Islands Act, 1948 (Act No. 43 of 1948)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Parks Act, 1976 (Act No. 57 of 1976)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Dumping at Sea Control Act, 1980 (Act No. 73 of 1980)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Sea Fisheries Act, 1988 (Act No. 12 of 1988)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Environment Conservation Act, 1989(Act No. 73 of 1989)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Antarctic Treaties Act, 1996 (Act No. 60 of 1996)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

Wreck and Salvage Act, 1996 (Act No. 94 of 1996)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

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

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

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

Minister of Environmental Affairs and Tourism

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

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

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

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

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

South African Weather Service Act, 2001 (Act No.8 of 2001)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Minister of Environmental Affairs and Tourism

Minister of Water and Environmental Affairs

 

 

1.5 FORESTRY RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

Management of State Forests Act, 1992 (Act No. 128 of 1992)

Minister of Water Affairs and Forestry

Minister of Agriculture, Forestry and Fisheries

National Forests Act, 1998 (Act No. 84 of 1998)

Minister of Water Affairs and Forestry

Minister of Agriculture, Forestry and Fisheries

National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)

Minister of Water Affairs and Forestry

Minister of Agriculture, Forestry and Fisheries

 

 

1.6 GENDER RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

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

Minister of Justice and Constitutional Development

Minister of Women, Children and People with Disabilities

 

 

1.7 HIGHER EDUCATION AND TRAINING RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

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

Minister of Education

Minister of Higher Education and Training 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

(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 to, the powers and functions entrusted by sections 2, 3, 4, 7, 8 and 11 of the National Education Policy Act

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

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 Financial Aid Scheme Act, 1999 (Act No. 56 of 1999)

Minister of Education

Minister of Higher Education and Training

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

Minister of Education

Minister of Higher Education and Training 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, including but not limited to the powers and functions entrusted by section 5 of the Act in relation to those centres

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

Minister of Education

Minister of Higher Education and Training

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

Minister of Education

Minister of Higher Education and Training insofar as the of 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

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

Minister of Education

Minister of Higher Education and Training

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

Minister of Education

Minister of Higher Education and Training

 

 

1.8 MARICULTURE (I.E. CULTURE OR HUSBANDRY OF FISH IN SEA WATER) RELATED LEGISLATION

 

Legislation

Previous Cabinet member

New Cabinet member

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

Minister of Environmental Affairs and Tourism

Minister of Agriculture, Forestry and Fisheries insofar as the administration and the powers and functions pertain to mariculture, 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 said Act mentioned in this paragraph), 78, 79, 80 , 81 and 83 of the said Act

Regulations 60 to 73 of the Regulations 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 73

Minister of Environmental Affairs and Tourism

Minister of Agriculture, Forestry and Fisheries

 

 

1.9 MINERAL RESOURCES RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

Mining Titles Registration Act, 1967 (Act No. 16 of 1967)

Minister of Minerals and Energy

Minister of Mineral Resources

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

Minister of Minerals and Energy

Minister of Mineral Resources

Mineral Technology Act, 1989 (Act No. 30 of 1989)

Minister of Minerals and Energy

Minister of Mineral Resources

Geoscience Act, 1993 (Act No. 100 of 1993)

Minister of Minerals and Energy

Minister of Mineral Resources

Mine Health and Safety Act, 1996 (Act No. 29 of 1996)

Minister of Minerals and Energy

Minister of Mineral Resources

Abolition of Lebowa Mineral Trust Act, 2000 (Act No. 67 of 2000)

Minister of Minerals and Energy

Minister of Mineral Resources

Minerals and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

Minister of Minerals and Energy

Minister of Mineral Resources

Precious Metals Act, 2005 (Act No. 37 of 2005)

Minister of Minerals and Energy

Minister of Mineral Resources

 

 

1.10 RURAL DEVELOPMENT AND LAND REFORM RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

Deeds Registries Act, 1937 (Act No. 47 of 1937)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

Black Authorities Act, 1951 (Act No. 68 of 1951)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

Physical Planning Act, 1967 (Act No. 88 of 1967)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

Physical Planning Act, 1991 (Act No. 125 of 1991)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993)

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

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

Minister of Agriculture and Land Affairs

Minister of Rural Development and Land Reform

 

 

1.11 STATISTICS RELATED LEGISLATION

 

Legislation

Previous Cabinet member

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 member

New Cabinet member

Tourism Act, 1993 (Act No. 72 of 1993)

Minister of Environmental Affairs and Tourism

Minister of Tourism

 

 

1.13 WATER RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

Water Services Act, 1997 (Act No. 108 of 1997)

Minister of Water Affairs and Forestry

Minister of Water and Environmental Affairs

National Water Act, 1998 (Act No. 36 of 1998)

Minister of Water Affairs and Tourism

Minister of Water and Environmental Affairs

 

 

1.14 YOUTH RELATED LEGISLATION:

 

Legislation

Previous Cabinet member

New Cabinet member

National Youth Commission Act, 1996 (Act No. 19 of 1996)

Minister in The Presidency

The President

 

 

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.

 

Previous Cabinet member

New Cabinet member

Minister of Provincial and Local Government

Minister of Co-operative Governance and Traditional Affairs

Minister of Housing

Minister of Human Settlements

Minister of Foreign Affairs

Minister of International Relations and Cooperation

Minister of Safety and Security

Minister of Police

Minister for Intelligence Services

Minister of State Security

 

 

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

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