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Western Cape Public Library Services Act, 2025

Act 1 of 2025

Western Cape Public Library Services Act, 2025
This is the latest version of this Act.
Jurisdiction
Western Cape
Citation
Act 1 of 2025
Date
12 June 2025
Language
English
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Western Cape
South Africa

Western Cape Public Library Services Act, 2025

Act 1 of 2025

(English text signed by the Premier)ACTTo regulate the provision of public library services in the Province; to provide for the coordination of responsibilities for public library services; to provide for the registration of public libraries; to make provision for the assignment to Municipal Councils of certain functions of the Provincial Minister in respect of public libraries; to determine the functions of public library administrators; and to provide for matters incidental thereto.BE IT ENACTED by the Provincial Parliament of the Western Cape as follows:—

1. Definitions

In this Act, unless the context indicates otherwise—“Department” means the provincial department responsible for public libraries in the Province;“Head of Department” means the head of the Department;“information services” means services relating to information sources and resources of public libraries, including outreach, community and literacy programmes;“library material” means any item or material, including any book, periodical, document, manuscript, chart, map, record, audio and audio-visual material, promotional material and electronically generated information, made available or intended to be made available by a public library for loan or use by members of the public;“municipality” means a municipality established in the Province as contemplated in section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);“prescribe” means prescribe by regulation;“Province” means the Province of the Western Cape;“Provincial Minister” means the Provincial Minister responsible for public libraries in the Province;“public library” means a library, other than a national library—(a)conducted for the purpose of providing public library services; and(b)registered as a public library in terms of section 4;“public library administrator” means a person, including an organ of state, but excluding the Provincial Minister, that conducts a public library;“public library services” means the services provided at public libraries to members of the public to access library material and information services;“the Ordinance” means the Provincial Library Service Ordinance, 1981 (Ordinance 16 of 1981);“this Act” includes the regulations made thereunder.

2. Powers and functions of Provincial Minister

(1)The Provincial Minister—
(a)must ensure that public library services are provided in the Province in accordance with this Act; and
(b)may establish, control and conduct public libraries.
(2)The Provincial Minister must promote equitable access to public library services, including by persons with disabilities and other categories of persons historically disadvantaged by unfair discrimination.
(3)The Provincial Minister may, in respect of public libraries established, controlled or conducted by the Provincial Minister—
(a)provide the necessary infrastructure to be used for the libraries, including buildings, furniture and equipment;
(b)appoint staff for the respective libraries;
(c)move a public library to another location;
(d)close a public library, either temporarily or permanently;
(e)obtain library material; and
(f)perform any other function as may be necessary for the purposes of such libraries.
(4)The Provincial Minister may, after consultation with public library administrators, develop guidelines for public libraries and public library services in the Province, including guidelines on—
(a)the administration, conduct and control of public libraries;
(b)access to public library services;
(c)public library infrastructure, facilities and other assets;
(d)the location and number of public libraries;
(e)the provision of equipment and resources to public libraries;
(f)information communication technology services relating to public libraries;
(g)the development and provision of library collections for public libraries; and
(h)staffing requirements for public libraries.

3. Functions of Head of Department

(1)The Head of Department must advise the Provincial Minister on—
(a)the development of—
(i)measures to promote public library services in the Province; and
(ii)guidelines for public libraries and public library services;
(b)the capacity of public library administrators to conduct their public libraries; and
(c)the powers and functions regarding public library services that can be assigned to a Municipal Council in terms of section 5(1) and the process for such assignment.
(2)The Head of Department must—
(a)promote capacity development, skills development, educational development and resource development of staff employed at public libraries by—
(i)providing professional guidance, advice and support;
(ii)providing training programmes and learning opportunities relating to public library services; and
(iii)facilitating cooperation between the Department and public library administrators;
(b)subject to available funds, and as agreed upon with a Municipal Council to which a function has been assigned in terms of section 5, provide financial assistance to the municipality concerned for the performance of that function;
(c)review, select, procure, classify, catalogue, process and distribute library material to public library administrators;
(d)subject to section 6(3), provide an information system for public libraries; and
(e)provide guidance and support regarding the registration and control of public libraries.
(3)The Head of Department may—
(a)visit and monitor a public library for the purposes of providing support and evaluating compliance by the public library administrator concerned with the provisions of this Act;
(b)provide equipment on loan to a public library;
(c)subject to available funds, provide financial assistance for the building or upgrading of a public library; and
(d)enter into an agreement with a public library administrator regarding the operation of a public library.
(4)An agreement contemplated in subsection (3)(d) must include at least the following:
(a)the role and responsibilities of the public library administrator;
(b)the role and responsibilities of the Head of Department; and
(c)arrangements for the allocation of resources that can be made by the Head of Department to the public library.

4. Registration of public libraries

(1)A person, including an organ of state, but excluding the Provincial Minister, that intends to establish or conduct a library as a public library must apply to register the library by completing the registration form, which must be made available on the website of the Department, and submitting it to the Head of Department.
(2)When considering an application, the Head of Department must take all relevant factors into account, including—
(a)guidelines contemplated in section 2(4);
(b)the available resources that can be allocated by the Department to the proposed public library; and
(c)the capacity of the applicant to provide public library services, which may include, where appropriate, the applicant’s financial and operational plan regarding the public library.
(3)The Head of Department must—
(a)either grant the application, with or without conditions, or refuse the application; and
(b)inform the applicant in writing of the decision.
(4)If the application is granted, the Head of Department must issue the applicant with a registration certificate.
(5)If the application is refused, the Head of Department must inform the applicant in writing of the reasons for the refusal and the right to appeal against the decision.
(6)An applicant who is aggrieved at the outcome of an application may lodge an appeal in writing to the Provincial Minister within 180 days of receiving notice of the decision.
(7)Subsection (6) does not apply where the applicant is a municipality contemplated in section 5.
(8)The Head of Department must register a public library that is established or conducted by the Provincial Minister in terms of section 2(1)(b).
(9)The Head of Department must give public notice of the registration of a public library on the website of the Department and in any other media the Head of Department considers appropriate.

5. Assignment of functions to Municipal Councils

(1)The Provincial Minister may, in terms of a written agreement as contemplated in section 36 of the Constitution of the Western Cape, 1997 (Act 1 of 1998), and section 126 of the Constitution of the Republic of South Africa, 1996, assign to the Municipal Council of a municipality all or part of the administration of a function referred to in section 2(1) and (2).
(2)The written agreement must include at least the following in respect of the assigned functions:
(a)the role and responsibilities of the municipality;
(b)the roles and responsibilities of the Provincial Minister or the Head of Department, as the case may be; and
(c)the funding arrangements for the municipality in respect of the assigned functions.

6. Functions of public library administrators

(1)A public library administrator must, in relation to a public library conducted or to be conducted by it, subject to any agreement contemplated in section 3(3)(d) or 5, where applicable—
(a)provide the premises from where public library services are to be provided;
(b)provide the operating expenditure associated with the day-to-day running of the public library; and
(c)appoint the necessary staff for the public library.
(2)A public library administrator must, at the request of the Provincial Minister or the Head of Department, submit to the Provincial Minister or the Head of Department, as the case may be, a report on matters relating to the public library as specified in the request.
(3)A public library administrator that uses its own information system may do so if the system is effective and compatible with the Department’s information system for public libraries.

7. Admission and charges

(1)There is free admission to all public libraries in the Province.
(2)The Provincial Minister may, subject to subsection (1), prescribe maximum fees that may be charged for public library services.

8. Closure of public libraries

(1)A public library administrator may, either temporarily or permanently, close a public library conducted by it.
(2)If a public library administrator intends to close a public library temporarily for more than 60 days, it must inform the Head of Department in writing of the reasons for the temporary closure.
(3)If a public library administrator intends to close a public library permanently, it must give the Provincial Minister written notice of its intention to do so together with the reasons for the intended closure, at least 90 days before the date of the intended closure.
(4)A public library that has been permanently closed is regarded as deregistered, and the Head of Department must give public notice of the closure on the website of the Department and in other media the Head of Department considers appropriate.

9. Delegation

(1)The Provincial Minister may delegate any power or duty conferred on him or her in terms of this Act, except the power to make regulations, to the Head of Department.
(2)The Head of Department may delegate any power or duty conferred on him or her, or delegated to him or her in terms of this Act, to—
(a)an employee of the Department; or
(b)the holder of a specific office or position in the Department.
(3)A delegation referred to in subsection (1) or (2)—
(a)must be in writing;
(b)may be made subject to conditions;
(c)may be withdrawn or amended in writing by the Provincial Minister or the Head of Department, as the case may be;
(d)may include the power to subdelegate or further delegate that power or duty;
(e)does not prevent the Provincial Minister or the Head of Department, as the case may be, from exercising that power or performing that duty; and
(f)does not divest the Provincial Minister or the Head of Department, as the case may be, of the responsibility concerning the exercise of the delegated power or duty.

10. Regulations

(1)The Provincial Minister may make regulations regarding—
(a)the registration of public libraries;
(b)the procedure for an appeal against a decision of the Head of Department regarding the outcome of an application for the registration of a public library;
(c)the return of library material and equipment to the Department following the closure of a public library and consequences where a public library administrator fails to return such library material and equipment;
(d)the management of the Department’s assets, including library material, in public libraries and stocktaking of library material;
(e)liability for loss of and damage to the assets of the Department, including library material;
(f)the charges relating to services which may be imposed at a public library conducted by the Provincial Minister;
(g)the obligations of a municipality contemplated in section 5 regarding payment to the Department for monies received from borrowers for lost and damaged library material;
(h)access to and the use of information services;
(i)access to public libraries and the conduct of persons in public libraries;
(j)mutual cooperation between libraries, including inter-library loans;
(k)any matter that may be prescribed in terms of this Act; and
(l)any other matter which may be necessary or expedient to prescribe for carrying out this Act.
(2)Regulations relating to matters affecting public library administrators or public libraries conducted by them may be made only after consultation with the public library administrators concerned.
(3)Regulations with financial implications must be made with the concurrence of the Provincial Minister responsible for finance.

11. Repeal

The Ordinance is repealed.

12. Transitional provisions

Despite the repeal of the Ordinance—
(a)a library that was conducted as a public library in terms of the Ordinance immediately before the date of commencement of this Act is regarded as a public library registered in terms of section 4 of this Act;
(b)regulations 3(3), 12 and 13 of the Regulations Regarding the Free Provincial Library Service published under Provincial Notice 689/1980 in The Province of the Cape of Good Hope Official Gazette 4122 dated 12 September 1980 continue in force; and
(c)the Local Authorities: Standard Library By-Law made under section 12 of the Ordinance and published under Provincial Notice 640/1990 in The Province of the Cape of Good Hope Official Gazette 4664 dated 12 October 1990 continues in force—
(i)in so far as it is consistent with this Act;
(ii)for a period of 36 months from the date of commencement of this Act.

13. Short title and commencement

This Act is called the Western Cape Public Library Services Act, 2025, and comes into operation on a date determined by the Premier by proclamation in the Provincial Gazette.

History of this document

30 June 2025
12 June 2025 this version
09 June 2025
Assented to
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