Proclamation of the President regarding the 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)

No. 44, 2009 STAATSKOERANT, 1 JULIE 2009 PROCLAMATION by the President of the Republic of South Africa No. 32367 3 TRANSJ<'ER OF ADMINISTRATION A:\D POWERS AND FUNCTIONS E,TRUSTEO BY LEGISLATION TO CERTAIN CABINET MEMBERS IN TERMS 01:i' SECTION 97 OF THE CONSTrTUTION In terms of section 97 of the Constitution of the Republic of South Africa, 1996, [ hereby transfer the administration and powL:rs and functions cntrnsted 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 frum the date of publication of this Proclamation in the Gazette. Giwn under my Hand and the Seal of the Republic of South Africa at Cape Town this 22nd day of June, Two Thousand and Nine. Pn·sident By Order of the President-in-Cabinet: ~ ;:IJMUN If Minister of the Cahinet 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 Affairs Forestry and Fisheries · No. 24 of 1935) Animals Protection Act, Minister of Agriculture Minister of Agriculture, 1962 (Act No. 71 of and Land Affairs Forestry and Fisheries 1962) Perishable Products Minister of Agriculture Minister of Agriculture, Export Control Act, 1983 and Land Affairs Forestry and Fisheries (Act No. 9 of 1983) 1.2 BASIC EDUCATION RELATED LEGISLATION: Legislation I Previous Cabinet New Cabinet member • member National Education Minister of Education Minister of Basic Policy Act, 1996 (Act No. Education, except the 27 of 1996) administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph l. 7 below South African Schools Minister of Education Minister of Basic Act, 1996 (Act No. 84 of Education 1996) Employment of Educators Minister of Education Minister of Basic • Act, 1998 (Act No. 76 of Education, except the • 1998) administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in ' STAATSKOERANT. 1 JULIE 2009 No. 32367 5 paragraph I. 7 below South African Council for f Minister of Education Educators Ad, 2000 (Act Minister of Basic Fducation, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in p;iragraph 1. 7 hl'low No. 31 of 2000) General and Further Education and Training • Quality Assurance Act, I · 2001 (Act l\'o. 58 of 12001) / Minister of Education lMinister. of Bas1.·c • Education, cxcqit the I administration and the powers and functions transfcrfl:d to the \·1inistc1 of Higher Education and Training as set out in paragraph 1.7 bdow 1.3 ENERGY RELATED LEGISLATION: i-;:::-- . I ~n.itral Energy Fund ' Previous Cabinet member I Miniskr of Minerals and En<.:rgy New Cahinct menlhcr ~l \1inister of F.nergv CL 1977 ( Act No. 38 of ')77) ---~- ~---+ . l'ctrnlcum l'roduch Act, . Minister of l\.-1ir1crals and 1977 (Act No. 120 of i Energy 1977) J\bulitiun uf the National Energy Council ! Act, 1991 (Act No. 95 of 19()! Nuclear Energy Act, 1993 (Act No. n I of 1993) Minister ()f Minerals and Energy Minister of Minerals and I Energy ··-- ···-- ··-- ~ Nuclear Energy Act, 1999 Minister of Minaals and (Act No. 46 of 1999) Energy National Nuclear Minister of Minerals and Rcb'lllator Act, 1999 (Act Energy : No. 47 of 1999) Gas Act, 2001 (Act No. Minister of Minerals and 48 of 2001) Energy Gas Regulator Levies Minister of Minerals and Act, 2002 (Act No. 75 of Energy 2002) Petroleum Pipelines Act, Minister of Minerals and 2003 (Act No. 60 of Energy Minister ()f Energv '.vlinister of Enl'rgy Minister of Energy I I ··-·· Minister of Energy Minister of Energy Minister of Energy I Minister of Energy I I Minister of Energy I 6 No. 32367 GOVERNMENT GAZETTE, 1 JULY 2009 2003) Petroleum Pipelines Minister of Minerals and Minister of Energy Levies Act, 2004 (Act Energy No. 28 of 2004) National Energy Minister of Minerals and Minister of Energy Regulator Act, 2004 (Act Energy No. 40 of 2004) Electricity Regulation Minister of Minerals and Minister of Energy Act, 2006 (Act No. 4 of Energy 2006) National Energy Act, Minister of Minerals and Minister of Energy 2008 (Act No. 34 of Energy 2008) 1.4 ENVIRONMENTAL RELATED LEGISLATION: Legislation Previous Cabinet New Cabinet member 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 STAATSKOERANT, 1 JULIE 2009 No. 32367 7 1996) I Environment Minister of Environmental Minister of Water and Conservation Act Affairs and Tourism Environmental Affairs Extension Act, 1996 (Act No. 100 of 1996) Marine Living Resources Minister of Environmental Minister of Water and Act, 1998 (Act No. 18 of Affairs and Tourism Environmental Affairs, 1998) 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 Minister of Environmental Minister of Water and Management Act, 1998 Affairs and Tourism Environmental Affairs (Act No. 107 of 1998) World Heritage Minister of Environmental Minister of Water and Convention Act, 1999 Affairs and Tourism Environmental Affairs (Act No. 49 of 1999) South African Weather Minister of Environmental Minister of Water and Service Act, 2001 (Act Affairs and Tourism Environmental Affairs No. 8 of 2001) National Environmental Minister of Environmental Minister of Water and Management: Protected Affairs and Tourism Environmental Affairs Areas Act, 2003 (Act No. 57 of 2003) National Environmental Minister of Environmental Minister of Water and . Management: Affairs and Tourism Environmental Affairs . Biodiversity Act, 2004 (Act No. 10 of 2004) National Environmental Minister of Environmental Minister of Water and Management: Air Quality Affairs and Tourism Environmental Affairs Act. 2004 (Act No. 19 nf 2()(M) • ~- National Environmental Minister of Environmental • Minister of Waler and Management: Integrated Affairs and Tourism Environmental Affairs Coastal Management Act, 200,'-\ (Act No. 24 or 2()()8) National Environmental Minister of Environmental Minister of Water and Management: Waste Act, Affairs and Tourism Environmental Affairs · 2008 (Act No. 59 of 8 No.32367 GOVERNMENT GAZETTE, 1 JULY 2009 J 2008) 1.5 FORESTRY RELATED LEGISLATION: Legislation Previous Cabinet New Cabinet member 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 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 LEGISLATION: Legislation Previous Cabinet New Cabinet member 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: Legislation Previous Cabinet New Cabinet member member National Education Minister of Education Minister of Higher Policy Act, 1996 (Act No. Education and Training 27 of 1°996) 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 l:nvisagcd in the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000); and STAATSKOERANT, 1 JULIE 2009 Higher Education Act, 1997 (Act No. 101 of 1997) Employment of Educators Act, 1998 (Act No. 76 of 1998) National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999) South African Council for Educators Act, 2000 (Act No. 31 of 2000) Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000) • Minister of Education Minister of Education Minister of Education Minister of Education Minister of Education No. 32367 9 (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 Minister of Higher Education and Training 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 Minister of Higher Education and Training 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 lcarnin g centres, as defined in section l of the Act, mcludmg but not limited to the powers and functions entrusted by section S of the Act in relation to those centres Minister of I ligher Education and Training I 10 No.32367 GOVERNMENT GAZETTE, 1 JULY 2009 General and Further Minister of Education Minister of Higher Education and Training Education and Training Quality Assurance Act, insofar as the 2001 (Act No. 58 of administration and the 2001) 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 Minister of Education Minister of Higher Training Colleges Act, Education and Training 2006 (Act No. 16 of 2006) National Qualifications Minister of Education Minister of Higher Framework Act, 2008 Education and Training (Act No. 67 of 2008) 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 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 Minister of Environmental Minister of Agriculture, 73 of the Affairs and Tourism Forestry and Fisheries Re!:-,'lllations 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 uf these Regulations insofar as it relates to the said regulations CiO to 'T> i ) ·--· ...... ~ 1.9 MINERAL RESOlJRCES RELATED LEGISLATION: Legislation j Mining Titles i Registration Act, 1967 Previous Cabinet memlwr Miniskr ur Minerals and Energy i (Act No. 16 of l %7~) -~-~ [ New Cabinet member Minister of Mineral Resources 12 No.32367 GOVERNMENT GAZETTE, 1 JULY 2009 Diamonds Act, 1986 (Act Minister of Minerals and Minister of Mineral No. 56 of 1986) Energy Resources Mineral Technology Act, Minister of Minerals and Minister of Mineral 1989 (Act No. 30 of Energy Resources 1989) Geoscience Act, 1993 Minister of Minerals and Minister of Mineral (Act No. 100 of 1993) Energy Resources Mine Health and Safety Minister of Minerals and Minister of Mineral Act, 1996 (Act No. 29 of Energy Resources 1996) Abolition of Lebowa Minister of Minerals and Minister of Mineral Mineral Trust Act, 2000 Energy Resources (Act No. 67 of 2000) Minerals and Petroleum Minister of Minerals and Minister of Mineral Resources Development Energy Resources Act, 2002 (Act No. 28 of 2002) Precious Metals Act, Minister of Minerals and Minister of Mineral 2005 (Act No. 37 of Energy Resources 2005) 1.10 RURAL DEVELOPMENT AND IAND REFORM RELATED LEGISLATION: I Legislation I Previous Cabinet New Cabinet member member Deeds Registries Act, Minister of Agriculture Minister of Rural 1937 (Act No. 47 of and Lwd Affairs Development and Land 1937) Reform Black Authorities Act, Minister of Agriculture Minister of Rural 1951 (Act No. 68 of and Land Affairs Development and Land 1951) Reform Kimberley Leasehold Minister of Agriculture Minister of Rural · Conversion to Freehold I and Land Affairs Development and Land Act, 1961 (Act No, 40 of Reform 1961) State Land Disposal Act, Ministi:r of Agriculture Ministi:r of Rural 1% I (Act No. 48 of and Land Affairs [)cwlopmcnt and L,and 1961), insofar as it Reform entrnsts its administration and powers and functions to the Minister of Regional and Land Affairs Removal of Restrictions Minister of Agriculture I Minister of Rural Act 1967 (Act No. 84 of and Land Affairs Development and Land 1967) • Reform -- ~ STAATSKOERANT, 1 JULIE 2009 No. 32367 13 Physical Planning Act, l967 (Act No. 88 of 1967) I Minis:tcr of Agriculture • and Land Affairs Prot"..:ssioual and . Minister of Agriculture Technical Surveyors' Act, i and Land Affairs 19K4 (Act "No. 40 of · 1984} Sectional Titles Act, 1986 (Act No. 9c; of 198h) Minister of Agriculture and I.and Affairs Abolition of Racially I Minister of Agriculture Based Land Measures / and Land Affairs Act, l 991 (Act No. 108 of • 199 I) Upgrading of Land Tenure Rights Act, 1 ()91 i (Act No. 112 of 199 J ) i Phvsical Planning Act, 199 I (Act t\o. 12:'i of 1991) Minister of Agriculture and Land Affairs :-Vtinister nf Agriculture and Land Affairs Land Title~ ,\djustnwnt Minister tlf Agriculturl' Act, 1993 (Act No. 111 of and Land Affairs 1993) Distribution and Transkr of Certain State Land Act, J()C}3 (;\ct No. I 19 uf L993) Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993) KwaZulu-Natal Ingonyama Trnst Act, Jl)9-i (AL't No. 3KZ ur 199-fl Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) Land Administration Act, 1995 (Act No. 2 of 1995) Development Facilitation Act, 1995 (Act No. 67 of 1995) Miniskr of Agriculture and Land Affair-; Vfinister of Agriculture and Land Affairs 1 1 Minister of Agriculture : and Land Affairs Minister of Agriculture and Land Affairs Minister of Agriculture and Land Affairs Minister of Agriculture and Land Affairs I [Vfinister of Rural ~ kvelopment and Lan···d Reform ~------~--- Ministi;r of Rural Development and Land Reform Minister of Rural lkvelopmt:nt and Land I Reform · Minister of Rural 1 Development and Land Reform Minister of Rural Development and Land I Reform . i : Minister of Rural ~ 1 Dnclopmcnt and Land I \ Reform II . !'vliuislcr ul Rural . Development and Land I Reform Ministcr oJ Rural Development and Land Rcf<lrm l\-1inister (~)f R t IT a l --- -i Drvclopmcnt and I ,and Reform Minister of Rural Development and umd Rdorm Minister of Rural Development and Land Reform Minister of Rural ---i Development and Land Reform Minister of Rural Development and Land Reform 14 No.32367 GOVERNMENT GAZETTE, 1 JULY 2009 Land Reform (Labour Minister of Agriculture Minister of Rural Tenants) Act, 1996 (Act and Land Affairs Development and Land No. 3 of 1996) Reform Communal Property Minister of Agriculture Minister of Rural Associations Act, 1996 and Land Affairs Development and Land (Act No. 28 of 1996) Reform Interim Protection of Minister of Agriculture Minister of Rural Informal Land Rights and Land Affairs Development and Land Act, 1996 (Act No. 31 of Reform 1996) Land Survey Act, 1997 Minister of Agriculture Minister of Rural (Act No. 8 of 1997) and Land Affairs Development and Land Reform Extension of Security of Minister of Agriculture Minister of Rural Tenure Act, 1997 (Act and Land Affairs Development and Land No. 62 of 1997) Reform Transformation of Certain Minister of Agriculture Minister of Rural Rural Areas Act, 1998 and Land Affairs Development and Land (Act No. 94 of 1998) Reform Abolition of Certain Title Minister of Agriculture Minister of Rural Conditions Act, 1999 and Land Affairs Development and Land (Act No. 43 of 1999) Reform Planning Profession Act, Minister of Agriculture Minister of Rural • 2002 (Act No. 36 of and Land Affairs Development and Land 2002) Reform Spatial Data Minister of Agriculture Minister of Rural Infrastructure Act, 2003 and Land Affairs Development and Land (Act No. 54 of 2003) Reform Communal Land Rights Minister of Agriculture Minister of Rural Act, 2004 (Act No. 11 of and Land Affairs Development and Land 2004) Reform 1.11 STATISTICS RELATED LEGISLATION Legislation Previous Cabinet New Cabinet member member Statistics Act, 1999 (Act Minister of Finance Minister in The Presidency No. 6 of 1999) responsible for national planning STAATSKOERANT, 1 JULIE 2009 No 32367 15 1.12 TOURISM RELATED LEGISIA TION: Legislation I Tourism Act, 1993 (Act No. 72 of 1993) i Previous Cabinet · member Minister of Environmental Affairs ;ind Tnmism J .13 WATER RELATED LEGISLATION: I ,egislation ' Previous Cahinet 1 member I New Cabinet member Minister of Tourism New Cabinet member Water Services Act, 1997 Minister of Water Affairs · Minister of Water and , (Acr No. l OS nl' 19117) I and Forestry E11viro11mcntal Affairs ~------< I National Water Act, 1998 Minister of Wakr Affairs !Vlinister of Water and (Act No. 36 of 199S) and Tnmisrn . Euviromncnlal Affairs 1.1-l YOlJTH RELATED LEGISLi\TION: Legislation I Prcviorn, Cabinet ' rncmbcl , · 1\c-w Cabinet memher National Youth Commission Act, 1 ()()(, ; (Act No. 19 of 1996) I Minister in The Presidency The President 2. The administration and the powers or functions entrusted by legislation to a Cabinet mcmher mcntiuncd in column l of th.: table hdow, immi:diatdy bdurc the l'n.:sidcnt assumed office on 9 \1ay 2009, is transferred to the Cabinet member mentioned in column 2 uf the table below. renons t .a >me· mem h er i ew C I. t ,a nne · mem Jer l - --· • Minister of Provincial and Local JVlinister of Co-operative Governance and Government 1 'raditional Affairs i Minister of Housing I Minister of Human Settlements Minister of Foreign Affairs I Minister of International Relations and I Cooperation Minister of Safety and Security j Minister of Police Minister for Intelligence Services I 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 16 No. 32367 GOVERNMENT GAZETTE, 1 JULY 2009 3.1 3.2 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. GOVERNMENT COMMUNICATION AND INFORMATION SYSTEM: Powers and functions under Previous Cabinet New Cabinet member the Public Service Act member All powers and functions of the Minister in The Minister in The executive authority of the Presidency Presidency responsible Department for performance monitoring and evaluation STATISTICS SOUTH AFRICA: i Powers and functions under Previous Cabinet I New Cabinet member · the Public Service Act member All powers and functions of the Minister of Finance Minister in The executive authority of the Presidency responsible Department, subject to the • for national planning Statistics Act, 1999 (Act No. 6 I of 1999)