National Council on Gender-Based Violence and Femicide Act, 2024

Act 9 of 2024

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Act 9 of 2024
Date
27 May 2024
Language
English
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Act
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National Council on Gender-Based Violence and Femicide Act, 2024

Act 9 of 2024

(English text signed by the President)ACTTo establish the National Council on Gender-Based Violence and Femicide; to provide for the objects and functions of the Council; to appoint the Board of the Council; to provide for the appointment of members of the Board; to provide for the term of office of members of the Board; to provide for the termination of membership of the Board; to provide for meetings of the Board; to provide for the establishment of committees of the Board; to provide for the appointment of the Chief Executive Officer and the Secretariat Unit of the Council; to provide for the establishment of norms and standards for the provincial and local working groups; to provide for the making of regulations; and to provide for matters connected therewith.
RECOGNISING that South Africa continues to wrestle with the impact of decades of institutionalised racism, sexism, exclusion, structural violence and other factors that have continued to undermine human development and positive social cohesion;RECOGNISING further that gender-based violence and femicide is a serious social evil and that victims of gender-based violence and femicide are among the most vulnerable members of society; that gender-based violence takes on many forms;HAVING REGARD to the Constitution of the Republic of South Africa, 1996 and in particular, the right to equality and to freedom and security of the person; and the international commitments and obligations of the State towards ending gender-based violence and femicide;CONVINCED THAT gender-based violence and femicide will be eliminated only when a multi-sectoral, co-ordinated government and whole of society approach is implemented in fighting the scourge; andTHEREFORE it is necessary to harness the roles, responsibilities, resources and commitments across government, labour, civil society, movements, youth structures, faith-based structures, traditional structures, the media, development agencies, the private sector, academic institutions and all other stakeholders,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

1. Definitions

In this Act, unless the context indicates otherwise—“Board” means the Board of the Council appointed in terms of section 6;“Chairperson” means the Chairperson of the Board, elected in terms of section 6(6);“Chief Executive Officer” means the Chief Executive Officer appointed in terms of section 15;“civil society” includes non-governmental organisations, labour and structures or institutions that represent the interests of citizens in the field of gender-based violence and femicide;“committee” means a committee of the Board, established in terms of section 14;“Constitution” means the Constitution of the Republic of South Africa, 1996;“Council” means the National Council on Gender-Based Violence and Femicide, established by section 3;“femicide” means the killing of a female person or a person on the basis of gender identity as a female, whether committed by a person within a domestic relationship, interpersonal relationship or by any other person;“gender-based violence” means violence associated with gender, which includes physical, sexual, verbal, emotional, economic, domestic, educational or psychological abuse or threats of such acts of abuse in public or private life;“inter-sectoral” includes co-ordinated action between ministries, departments or different levels of government that is necessary to address or combat gender-based violence and femicide;“member” means a member of the Board appointed in terms of section 6;"Minister” means the Cabinet member responsible for women, youth and persons with disabilities;“multi-sectoral” means the collaboration between the relevant stakeholders to jointly prevent and respond to gender-based violence and femicide;“national strategy on gender-based violence and femicide” means relevant national policies and action plans developed and implemented by the Executive Authority to address issues relating to gender-based violence and femicide, and as far as it aligns with these national policies and action plans include the National Strategic Plan on Gender-Based Violence and Femicide developed in terms of Article 3 of the Presidential Summit Declaration against Gender-Based Violence and Femicide of 2018;“Parliament” means the National Assembly and the National Council of Provinces referred to in section 42(1) of the Constitution;“prescribe” means prescribe by regulation under this Act;“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999);“relevant stakeholders” include the private sector, all organs of state and civil society responsible for the implementation of the national strategy on gender-based violence and femicide;“Secretariat” means the Secretariat Unit of the Council established in terms of section 17; and“this Act” includes the regulations made under this Act.

2. Purpose of Act

The purpose of this Act is to provide a legislative framework—
(a)for the establishment of the Council as a statutory body, which acts through its Board and is responsible for providing strategic leadership on the elimination of gender-based violence and femicide in South Africa;
(b)to co-ordinate a multi-sectoral and an inter-sectoral approach towards the implementation of the national strategy addressing gender-based violence and femicide at national, provincial and local level and at community and other forums;
(c)to give effect to Chapters 1 and 2 of the Constitution, which uphold human dignity, equality, life, security of persons, freedom and the advancement of human rights, as well as non-racialism and non-sexism, as its founding principles;
(d)to affirm a national commitment to building a society that is free from all forms of gender-based violence and femicide;
(e)to provide for the appointment of the Chief Executive Officer and the Secretariat by the Board; and
(f)to provide for reporting mechanisms to facilitate the effective performance monitoring, evaluation and corrective action in the prevention of, and response to, gender-based violence and femicide in South Africa.

3. Establishment of National Council on Gender-Based Violence and Femicide

(1)The National Council on Gender-Based Violence and Femicide is hereby established.
(2)The Council is a statutory body responsible for providing strategic leadership and co-ordination in the prevention of, and response to, gender-based violence and femicide in South Africa, in line with the objects contemplated in section 4.
(3)The Council acts through its Board.
(4)The Public Finance Management Act applies to the Council.

4. Objects of Council

The objects of the Council are to—
(a)co-ordinate a structured multi-sectoral approach between relevant stakeholders for the prevention and elimination of, and response to, gender-based violence and femicide;
(b)set short term, medium term and long term priorities, aligned with the national strategy addressing gender-based violence and femicide; and
(c)facilitate the sharing of information and best practices on the prevention of, and response to, gender-based violence and femicide.

5. Functions of Council

(1)In order to achieve the purpose of this Act, the Council must—
(a)develop an action plan, not later than six months after its establishment, for the implementation of the national strategy addressing gender-based violence and femicide, which must—
(i)be adequately costed and implemented effectively;
(ii)set indicators and timelines to be complied with by all relevant stakeholders; and
(iii)co-ordinate the monitoring and evaluation of the implementation of the national strategy addressing gender-based violence and femicide;
(b)co-ordinate measures for education and training concerning the prevention and combating of gender-based violence and femicide;
(c)ensure co-ordination between all structures established in terms of this Act in matters relating to the implementation of the national strategy addressing gender-based violence and femicide;
(d)facilitate strategic partnerships between the Council and relevant stakehold­ers, as and when required;
(e)in consultation with the Minister, facilitate the establishment of inter-sectoral and multi-sectoral structures to jointly prevent and respond to gender-based violence and femicide; and
(f)co-ordinate the prioritisation of gender-based violence and femicide programmes at national, provincial and local level, and at community and other forums.
(2)The Council must advise the Minister on—
(a)any developments relating to the prevention of, and response to, gender-based violence and femicide;
(b)relevant international standards to be adhered to; and
(c)any matter falling within the purpose of this Act.
(3)The Council must report to the Minister at least four times a year on its activities, the performance of its functions and the achievement of its objectives, and the Minister must cause such report to be tabled in Parliament as required: Provided that the Council may at any time submit any other report if it is deemed necessary by Parliament.
(4)The Council must review strategic and action plans as identified by the Minister every five years or as required after the date of commencement of this Act.

6. Board of Council

(1)The Board must consist of not more than 15 members, comprising—
(a)seven representatives from civil society and the private sector;
(b)one representative from each of the following organs of state:
(i)The Department of Women, Youth and Persons with Disabilities;
(ii)the Department of Justice and Constitutional Development;
(iii)the Department of Social Development;
(iv)the Department of Health;
(v)the Department of Co-operative Governance and Traditional Affairs;
(vi)the South African Police Service;
(vii)the Department of Basic Education; and
(viii)the National Prosecuting Authority; and
(c)the Chief Executive Officer, who is an ex officio member of the Board without voting rights.
(2)Only members of the Board referred to in subsection (1)(a) must be appointed by the President, and must before appointment be subjected to a security screening as envisaged in section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).
(3)The President must, whenever it becomes necessary to appoint the members of the Board referred to in subsection (1)(a), make an appointment from a list of persons recommended by the National Assembly by way of resolution with a supporting vote of a majority of the members of the Assembly.
(4)Each member referred to in subsection (1)(b) must—
(a)be nominated by the respective Cabinet members responsible for women, youth and persons with disabilities, justice and constitutional development, social development, health, co-operative governance and traditional affairs, police and basic education; and
(b)hold a rank that is not lower than that of Deputy Director-General.
(5)Members appointed in terms of this section must—
(a)be fit and proper persons to hold office;
(b)be persons with applicable knowledge and expertise with regard to matters that are related to the purpose of this Act; and
(c)reflect the demographics and geographical spread of South Africa.
(6)
(a)The President must designate one of the members as Chairperson and another member as Deputy Chairperson.
(b)The President must ensure that the positions of Chairperson and Deputy Chairperson are held alternately by a person contemplated in subsection (1)(a) and (b).
(7)Whenever the Chairperson is for any reason unavailable, the Deputy Chairperson must perform the responsibilities and duties of Chairperson. Should both the Chairperson and Deputy Chairperson not be available to fulfil their resposibilities, the President may designatge one of the members to temporarily act as a Chairperson or Deputy Chairperson for a period not exceeding six months.
(8)The Board, in managing the execution of the functions of the Council, as contemplated in section 5, must—
(a)monitor the implementation of the action plan of the Council; and
(b)exercise general control over the Council’s powers and the execution of the Council’s functions.
(9)The Minister may co-opt any person for a period not exceeding six months at the request of the Board, to assist the Board with regard to its functions in order to—
(a)advise and provide the necessary expertise in their specific field; or
(b)represent a relevant stakeholder.
(10)A person co-opted in terms of subsection (9) may take part in the proceedings of the Board or its committee but is not entitled to vote.

7. Disqualification from membership of Board

A person is disqualified from being appointed to the Board or from remaining a member if such person—
(a)has been convicted of—
(i)a gender-based violence and femicide-related offence; or
(ii)any other criminal offence and sentenced to a term of imprisonment without the option of a fine;
(b)is or becomes insolvent;
(c)is or has been declared by a competent court to be of unsound mind;
(d)is directly or indirectly doing business with the Council and fails to declare the interest and the nature thereof in the manner required by this Act;
(e)is a person under curatorship;
(f)has, at any time, been removed from an office of trust on account of any form of misconduct, including sexual harassment, corruption, theft or fraud; or
(g)fails to disclose an interest in accordance with section 8 or attended or participated in the proceedings of the Board while having an interest contemplated in section 8.

8. Declaration of financial or other interests of members

(1)A person who has been appointed or nominated as a member of the Board in terms of section 6 must, within 10 days after being appointed or nominated, submit a declaration, in writing, to the Minister of all the direct or indirect interests in a company, a non-governmental organisation or any other business interests.
(2)A member must, at the beginning of every financial year, submit a declaration, in writing, to the Minister, of the member’s direct or indirect interest in a company, a non-governmental organisation or any other business interest.
(3)Where a member acquires an interest in a company, a non-governmental organisation or any other business interest, at any time during the tenure as a member, the member must, within 10 days of the date of the acquisition of such an interest, submit a declaration, in writing, to the Minister of such an interest.
(4)Failure on the part of a member to disclose the interest as contemplated in subsections (2) and (3), constitutes a ground for disqualification in terms of section 7 and a justifiable reason for the removal of such member in terms of section 12.

9. Term of office

(1)
(a)Subject to sections 11 and 12, a member holds office for a period not exceeding three years, but is eligible for re-appointment for only one additional term, not exceeding three years, and is also eligible for an extension of office for a period not exceeding six months.
(b)A member contemplated in section 6(1)(a) may resign from office by submitting at least one month’s written notice to the President.
(c)A member contemplated in section 6(1)(b) may resign from office by submitting at least one month’s written notice to the relevant Cabinet member who must inform the Minister of the resignation.
(2)The names of the members and the date of commencement of their term of office must be published by the Minister in the Gazette not later than 30 days after appointment to the Board.

10. Reimbursement of members

(1)A member of the Board, a relevant stakeholder co-opted by the Minister or a member of any committee of the Board, may, from the funds of the Council for that purpose—
(a)in the case of members of the civil society and private sector, be paid a reimbursement and allowances, determined by the Minister in consultation with the Minister of Finance; and
(b)in the case of government employees, be paid any subsistence and other allowances in accordance with such member’s conditions of service as the Public Service Regulations may determine.
(2)The Minister in consultation with the Minister of Finance must determine the applicable payment rates and criteria for the payment contemplated in subsection (1).

11. Vacancies in Board

(1)A vacancy in the Board occurs—
(a)when a member’s term of office expires;
(b)when a member is disqualified from being appointed to the Board or from remaining a member as set out in section 7;
(c)when a member dies;
(d)when a member’s resignation, submitted in terms of section 9(1)(b) and (c) takes effect; or
(e)when a member is removed from office in terms of section 12.
(2)If a vacancy occurs on the Board, such vacancy must be filled within six months as set out in section 6.
(3)A vacancy in the Council does not affect the validity of the proceedings or decisions of the Council.
(4)A member appointed or nominated to fill a vacancy holds office for the unexpired portion of the term of the member who that member replaces.

12. Removal from office

(1)
(a)If the Minister is of the opinion that a member of the Board referred to in section 6(1)(a) should be removed on grounds set out in subsection (1)(b)(i) to (iv), the Minister may request the President and the National Assembly to act in accordance with subsection (1)(b).
(b)The President may, on the recommendation of the National Assembly, remove a member referred to in section 6(1)(a) from office—
(i)on the ground of misconduct, incapacity or incompetence;
(ii)for being absent from three consecutive meetings of the Board without permission of the Board;
(iii)for engaging in any activity that is reasonably capable of undermining the purpose of this Act and the functions of the Council; or
(iv)for failure on the part of a member to disclose any interests as contemplated in section 8.
(c)The President may, on the recommendation of the National Assembly, suspend a member listed in terms of section 6(1)(a) pending the outcome of subsection (1)(b).
(2)
(a)If the Minister is of the opinion that a member of the Board referred to in section 6(1)(b) should be removed on grounds set out in subsection (2)(b)(i) to (iv), the Minister may request the President to act in accordance with subsection (2)(b).
(b)The President may, on the recommendation of the Minister remove a member referred to in section 6(1)(b) from office—
(i)on the ground of misconduct, incapacity or incompetence;
(ii)for being absent from three consecutive meetings of the Board without permission of the Board;
(iii)for engaging in any activity that is reasonably capable of undermining the purpose of this Act and the functions of the Council; or
(iv)for failure on the part of a member to disclose any interests as contemplated in section 8.
(c)The President may, on the recommendation of the Minister, suspend a member listed in terms of section 6(1)(b), pending the outcome of subsection (2)(b).
(3)Before submitting a subsection (1) or (2) request for removal of a member from the Board, the Minister must afford the member in question an opportunity to be heard.

13. Meetings of Board

(1)The first meeting of the Board must be held on a date and at a time and a place determined by the Minister, whereafter the date, time and place of all future meetings must be determined by the Chairperson.
(2)The Board must meet at least four times a year, as determined by the Chairperson in terms of subsection (1).
(3)The Chief Executive Officer must, at any time, on request, in writing, by the Chairperson or majority of the members, convene a special meeting of the Board, to be held on a date and at a time and a place as the Chairperson may determine.
(4)
(a)The Chairperson presides at all meetings of the Board.
(b)Where the Chairperson is absent from a meeting of the Board, the Deputy Chairperson must preside at that meeting.
(c)In the event where both the Chairperson and Deputy Chairperson are absent from a meeting of the Board, the members present must elect one member from amongst those present to preside at that meeting.
(5)The quorum at any meeting of the Board is half of its members, plus one.
(6)The decision of 50% plus one of the members present at a meeting constitutes a decision of the Board, and in the event of an equality of votes concerning any matter, the member presiding at the meeting has a casting vote in addition to such member’s deliberative vote.
(7)The Board must determine the procedure for its meetings and ensure that the principles of transparency, openness, respect, integrity and participation me observed at such meetings.
(8)The Board may regulate the proceedings at meetings as it considers fit and must cause minutes to be kept of its proceedings.

14. Committees of Board

(1)The Board may, in writing, establish one or more committees, including—
(a)the Executive Management Committee;
(b)the Human Resource and Reimbursement Committee; and
(c)the Audit and Risk Committee, in accordance with National Treasury guidelines regarding the formation of Audit Committees as provided for in section 77 of the Public Finance Management Act,
to assist in the performance of the Board’s functions which may be delegated to the committee by the Board.
(2)A committee established in terms of subsection (1)—
(a)consists of the number of members of the Board or other persons as the Board considers necessary;
(b)must perform its duties and exercise its powers subject to this Act and such directives as may be issued by the Board; and
(c)must designate one of the members of a committee as chairperson and, if it considers it necessary to do so, may designate another member of a committee as deputy chairperson.
(3)Subject to section 6, the Board may invite persons who are not members of the Board to serve on any of its committees—
(a)for a specific purpose and for the period determined by the committee for the purposes of advising the Board; or
(b)may make recommendations to the committee in respect of a matter for which the committee has been established.
(4)The Board may remove a member of a committee or dissolve or reconstitute a committee as it considers necessary.
(5)Subject to the directions of the Board, a committee—
(a)may exercise such powers as entrusted by the Board to it; and
(b)must perform such functions of the Board as the Board may delegate to it,
and must follow such procedure during such exercising of powers and functions performance of functions as the Board may direct.
(6)Upon completion of the functions delegated to it in terms of subsection (5), a committee must submit a written report thereon, including recommendations, if any, for consideration by the Board.
(7)Any decision taken by a committee established under this section must be ratified by the Board.
(8)The Board is not absolved from responsibility for the performance of any powers, functions or duties entrusted to any committee in terms of this section.

15. Appointment of Chief Executive Officer

(1)The Board must appoint a Chief Executive Officer, who must—
(a)have qualifications and experience relevant to the functions of the Council;
(b)be a fit and proper person to hold office; and
(c)have applicable knowledge and expertise with regard to matters that are related to the purpose of this Act.
(2)The Chief Executive Officer is an employee of the Council and is accountable to the Board.
(3)The Chief Executive Officer—
(a)holds office for a period of five years and may be re-appointed for one additional term of office not exceeding five years; and
(b)is, notwithstanding serving on the Board as an ex officio member, entitled to remuneration, allowances and other service benefits as the Board may determine, in consultation with the Minister, the Minister of Finance and the Minister responsible for public service and administration.
(4)The Chief Executive Officer must sign a contract of employment within 10 working days of appointment.
(5)The Board must conclude a written performance agreement with the Chief Executive Officer—
(a)within a reasonable time after the appointment of the Chief Executive Officer; and
(b)thereafter annually, within one month of the commencement of each financial year.
(6)The performance agreement must include—
(a)measurable performance objectives and targets that must be met, and must provide for the time-frames within which those performance objectives and targets must be met;
(b)standards and procedures for evaluating performance and intervals for evaluation; and
(c)the consequences of substandard performance.

16. Functions of Chief Executive Officer

The Chief Executive Officer must—
(a)drive the achievement of the purpose of this Act in alignment with the national strategy to address gender-based violence and femicide;
(b)establish operational arrangements, including the establishment of multi-sectoral and inter-sectoral technical teams, as and when necessary;
(c)actively manage the affairs and operations of the Council;
(d)ensure that the Council performs its functions as contemplated in section 5;
(e)subject to the approval of the Board appoint such staff to assist the Council in the performance of its financial, administrative and clerical functions;
(f)ensure that the strategies of the Council are effectively implemented with timely reports towards meeting the strategic objectives;
(g)receive and manage resources consistent with the strategic objectives, and make timely adjustments in strategies when conditions and circumstances change;
(h)carry out a comprehensive budgeting process and monitor the Council’s financial performance against the budget;
(i)submit annual reports, financial statements and the financial position of the Council to the Board;
(j)develop a budget in accordance with section 53 of the Public Finance Management Act;
(k)establish the financial management and internal control of the Council;
(l)ensure the organisation and management of, and administrative control over, all members of staff appointed in terms of section 16(e);
(m)attend to the maintenance of discipline in respect of the members of staff; and
(n)carry out the decisions of the Board and is for those purposes accountable to the Board and must provide reports to the Board as often as may be required by the Board.

17. Secretariat of Council

(1)Subject to subsection (4), the Board must establish the Secretariat of the Council.
(2)The Chief Executive Officer—
(a)is the Head of the Secretariat; and
(b)must, in consultation with the Board, appoint and supervise the Secretariat.
(3)The Secretariat, under the direction of the Chief Executive Officer—
(a)is governed by the national strategy to address gender-based violence and femicide;
(b)consists of fit and proper persons who possess applicable knowledge and experience, as may be necessary to assist the Board in the exercise of its powers and the performance of its functions;
(c)is responsible for the day-to-day operation of the Council; and
(d)provides technical and administrative support to the Board.
(4)The Board must, in consultation with the Minister, the Minister of Finance and the Minister responsible for public service and administration, determine the conditions of employment and remuneration of the Secretariat.
(5)The Labour Relations Act, 1995 (Act No. 66 of 1995), and the Public Service Act, 1999 (Act No. 103 of 1999), are applicable to the conditions of employment contemplated in subsection (4).

18. Funds of Council

(1)The funds of the Council consist of—
(a)monies appropriated by Parliament for this purpose;
(b)donations or contributions received from any source;
(c)trust funds vested in the Council;
(d)interest derived from investments; and
(e)money received from any other source.
(2)Monies appropriated by Parliament for this purpose—
(a)constitute earmarked funds on the applicable vote; and
(b)may not be used for any other purpose, unless the Board has been consulted and the National Treasury approves such use.
(3)Subject to the Public Finance Management Act, the Board—
(a)is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Council and for donations, contributions or gifts in accordance with National Treasury regulations; and
(b)may cause the necessary accounting and other related records to be kept, which records must be audited in terms of section 4(3) of the Public Audit Act, 2004 (Act No. 25 of 2004).
(4)The Board must utilise the funds—
(a)to cover costs in connection with—
(i)the day-to-day operation and administration of the Council; and
(ii)the performance of the duties and functions of the Council and the exercise of its powers in terms of this Act; and
(b)for the payment of remuneration, allowances and subsistence and travelling expenses of the members, the Chief Executive Officer and the Secretariat.
(5)Any donations or contributions contemplated in subsection (1)(b) must be utilised in accordance with the conditions, if any, imposed by the donor or contributor concerned, which conditions must not be contrary to purpose of the Act.
(6)The Chief Executive Officer must, in compliance with the Public Finance Management Act and in consultation with the Board—
(a)open an account in the name of the Council with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); and
(b)deposit therein all money received in terms of this section.

19. Financial management

(1)The Chief Executive Officer must—
(a)maintain full and proper books of account and all the necessary records in relation thereto to be kept; and
(b)ensure that the Council’s annual budgets, annual reports and audited financial statements are prepared and submitted in accordance with the Public Finance Management Act.
(2)In a financial year, the Chief Executive Officer must submit to the Board for approval adjusted or supplementary statements of the estimated income and expenditure of the Council for that financial year.
(3)The Board must not enter into any financial commitment beyond—
(a)its approved budget;
(b)the prescribed transaction limits, without reporting to the Minister; and
(c)its accumulated reserves.
(4)The Chief Executive Officer may, in accordance with the Public Finance Management Act and with the approval of the Board, invest any unexpended portion of its funds with the Corporation for Public Deposits, established in terms of section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or another institution approved by the National Treasury.

20. Audit, annual and financial report

(1)The accounts and financial statements of the Council must be audited in terms of section 4(3) of the Public Audit Act, 2004 (Act No. 25 of 2004).
(2)The Board must—
(a)at any stage furnish such information to the Minister which the Minister may require in connection with the activities and financial position of the Council; and
(b)not later than 31 August of every year, submit to the Minister an audited annual report and such other particulars as the Minister may require.
(3)The report contemplated in subsection (2)(b) must—
(a)include audited accounts and financial statements certified by Auditors;
(b)state the extent to which the Council has achieved or advanced its objects referred to in section 4 and the measurable objectives during the financial year concerned; and
(c)contain relevant performance information regarding the economic, efficient and effective application of resources and specifically a comparison between planned and actual performance indicators.
(4)The Board may, through the Minister, make recommendations to the President regarding legislative and other interventions which have a bearing on the prevention and combating of gender-based violence and femicide.
(5)The Minister must table the report contemplated in subsection (3) in Parliament within 30 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not in ordinary session, within 30 days after commencement of the next ordinary session.

21. Use of name of Council

(1)No person may, without the prior written authorisation of the Council, represent or make use of the name, acronym, logos, designs or material used or owned by the Council.
(2)No person may falsely claim to be acting on behalf of the Council.
(3)A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.

22. Provincial and local structures

The Minister must, after consultation with the Board, Premiers and Mayors, prescribe norms and standards for co-ordination and accountability of the provincial and local gender-based violence and femicide structures consistent with this Act, the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005).

23. Delegations

(1)The Minister may delegate to the Board—
(a)any power conferred on the Minister by this Act, except the power to make regulations referred to in section 24; or
(b)any duty imposed on the Minister by this Act, except any duty regarding the appointment and removal from office of the members of the Board contemplated in sections 6 and 12.
(2)The Board may, by special resolution, delegate any power or duty entrusted or delegated to the Board by this Act to—
(a)an employee of the Council;
(b)a board member; or
(c)a committee of the Board.
(3)The Board may, by special resolution, delegate to the Chief Executive Officer any power or duty conferred or imposed on the Board by this Act.
(4)The Chief Executive Officer may delegate to a member of staff any power or duty conferred or imposed on the Chief Executive Officer by this Act.
(5)Any power or duty delegated in terms of subsection (1), (2) or (3) must be exercised or performed subject to such conditions as the person or body that made the delegation considers necessary.
(6)A delegation referred to in subsection (1), (2) or (3)—
(a)must be in writing;
(b)does not prohibit the person or body that made the delegation from exercising that power or performing that duty; and
(c)may be withdrawn or amended, in writing, by that person or body.

24. Regulations

The Minister may, after receipt of recommendations of the Council, make regulations relating to—
(a)transaction limits contemplated in section 19(3)(b);
(b)norms and standards for co-ordination of the provincial and local gender­based violence and femicide structures; and
(c)any matter which it is necessary or expedient to prescribe for the proper implementation and administration of this Act.

25. Short title and commencement

This Act is called the National Council on Gender-Based Violence and Femicide Act, 2024, and comes into operation on a date determined by the President by proclamation in the Gazette.
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History of this document

15 November 2024
27 May 2024 this version
24 May 2024
Assented to

Cited documents 7

Act 7
1. Public Finance Management Act, 1999 2263 citations
2. Promotion of Administrative Justice Act, 2000 2139 citations
3. Labour Relations Act, 1995 2005 citations
4. Banks Act, 1990 883 citations
5. Corporation for Public Deposits Act, 1984 103 citations
6. Public Audit Act, 2004 84 citations
7. National Strategic Intelligence Act, 1994 45 citations

Documents citing this one 1

Gazette 1
1. South Africa Government Gazette dated 2024-11-15 number 51580