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Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2014

Proclamation 47 of 2014

Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2014
Citation
Proclamation 47 of 2014
Primary work
Constitution of the Republic of South Africa, 1996
Date
15 July 2014
Language
English
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South Africa
Constitution of the Republic of South Africa, 1996

Transfer of Administration and Powers and Functions to Certain Cabinet Members in terms of section 97 of the Constitution, 2014

Proclamation 47 of 2014

In terms of section 97 of the Constitution of the Republic of South Africa, 1996,1 hereby transfer the administration and powers and functions entrusted to the Minister of Labour by the legislation mentioned in column I of the Schedule, including all amendments thereto, whether or not any of the provision of the legislation or amendments are in force, to the Minister of Higher Education and Training to the extent indicated in column 2 of the Schedule with effect from 1 November 2009.
1.The administration and the powers and functions entrusted by the legislation, mentioned in column 1 of the tables below, to a Cabinet member as executive authority of that department mentioned in column 2 of the tables, immediately before the President assumed office on 24 May 2014, are transferred to the Cabinet member mentioned in column 3 of the tables
1.1Communication related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Post and Telecommunication Related Matters Act, 1958 (Act No. 44 of 1958)Minister of CommunicationsMinister of Telecommunications and Postal Services
Films and Publication Act, 1996 (Act No. 65 of 1996)Minister of Home AffairsMinister of Communications
Sentech Act, 1996 (Act No. 63 of 1996)Minister of CommunicationsMinister of Telecommunications and Postal Services
Former States Posts and Telecommunications Act, 1996 (Act No. 5 of 1996)Minister of CommunicationsMinister of Telecommunications and Postal Services
Former States Broadcasting Reorganisation Act, 1996 (Act No. 91 of 1996)Minister of CommunicationsMinister of Telecommunications and Postal Services
Postal Services Act, 1998 (Act No. 124 of 1998)Minister of CommunicationsMinister of Telecommunications and Postal Services
Department of Communications Rationalisation Act, 1998 (Act No. 10 of 1998)Minister of CommunicationsMinister of Telecommunications and Postal Services
Broadcasting Act, 1999 (Act No. 4 of 1999)Minister of CommunicationsMinister of Communications
Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)Minister of CommunicationsMinister of Communications
Media Development and Diversity Agency Act, 2002 (Act No. 14 of 2002)Minister in The Presidency responsible for Performance Monitoring and EvaluationMinister of Communications
Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Minister of CommunicationsMinister of Telecommunications and Postal Services
Electronic Communications Act, 2005 (Act No. 36 of 2005)Minister of CommunicationsMinister of Telecommunications and Postal Services
South African Post Bank Limited Act, 2010 (Act No. 9 of 2010)Minister of CommunicationsMinister of Telecommunications and Postal Services
South African Post Office SOC Ltd Act, 2011 (Act No. 22 of 2011)Minister of CommunicationsMinister of Telecommunications and Postal Services
State Information Technology Agency Act, 1998 (Act No. 88 of 1998)Minister for the Public Service and AdministrationMinister of Telecommunications and Postal Services
Telegraph Messages Protection Act, 1963 (Act No. 44 of 1963)Minister of CommunicationsMinister of Telecommunications and Postal Services
1.2Environmental related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Sea-Shore Act, 1935 (Act No. 21 of 1935)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Prince Edwards Islands Act, 1948 (Act No. 43 of 1948)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Dumping at Sea Control Act, 1980 (Act No. 73 of 1980)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Section 38 of the Sea Fishery Act, 1988 (Act No. 12 of 1988)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Environment Conservation Act, 1989 (Act No. 73 of 1989)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Antarctic Treaties Act, 1996 (Act No. 60 of 1996)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Environment Conservation Act Extension Act, 1996 (Act No. 100 of 1996)Minister of Water and Environmental AffairsMinister of Environmental Affairs
Marine Living Resources Act, 1998 (Act No. 18 of 1998)Minister of Water and Environmental Affairs to the extent that powers and functions had been transferred to that Minister by Proclamation No. 16 of 2013, published in Government Gazette No. 36527 of 31 May 2013Minister of Environmental Affairs to the extent set out in paragraph 1.2.1 below
National Environmental Management Act, 1998, (Act No. 107 of 1998)Minister of Water and Environmental AffairsMinister of Environmental Affairs
World Heritage Convention Act, 1999 (Act No. 49 of 1999)Minister of Water and Environmental AffairsMinister of Environmental Affairs
South African Weather Service Act, 2001 (Act No. 8 of 2001)Minister of Water and Environmental AffairsMinister of Environmental Affairs
National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Minister of Water and Environmental AffairsMinister of Environmental Affairs
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Minister of Water and Environmental AffairsMinister of Environmental Affairs
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Minister of Water and Environmental AffairsMinister of Environmental Affairs
National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Minister of Water and Environmental AffairsMinister of Environmental Affairs
National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Minister of Water and Environmental AffairsMinister of Environmental Affairs
1.2.1The administration of and the powers and functions entrusted to the Minister of Water and Environmental Affairs in relation to the provisions of the Marine Living Resources Act, 1998 (Act No. 18 of 1998), and subordinate legislation mentioned in column 3 of Proclamation No. 16 of 2013, published in Government Gazette No. 36527 of 31 May 2013, are hereby transferred to the Minister of Environmental Affairs.
1.3Gender related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Commission on Gender Equality Act, 1996 (Act No. 39 of 1996)Minister of Women, Children and People with DisabilitiesMinister in The Presidency responsible for Women
1.4Small business development related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Section 2A of the Small Business Development Act, 1981 (Act No. 112 of 1981)Minister of Trade and IndustryMinister of Small Business Development
Close Corporations Act, 1984 (Act No. 69 of 1984)Minister of Trade and IndustryMinister of Small Business Development
National Small Enterprise Act,1996 (Act No.102 of 1996)Minister of Trade and IndustryMinister of Small Business Development
Co-operatives Act, 2005 (Act No.14 of 2005)Minister of Trade and IndustryMinister of Small Business Development
1.5Statistics related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Statistics Act, 1999 (Act No. 6 of 1999)Minister in The Presidency responsible for Performance Monitoring and EvaluationMinister in The Presidency responsible for Planning, Monitoring and Evaluation
1.6Transport related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Wreck and Salvage Act, 1996 (Act No. 94 of 1996)Minister of Water and Environmental AffairsMinister of Transport
1.7Water and sanitation related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
Water Research Act, 1971 (Act No. 34 of 1971)Minister of Water and Environmental AffairsMinister of Water and Sanitation
Water Services Act, 1997 (Act No. 108 of 1997)Minister of Water and Environmental AffairsMinister of Water and Sanitation
National Water Act, 1998 (Act No. 36 of 1998)Minister of Water and Environmental AffairsMinister of Water and Sanitation
1.8Youth related legislation:
Column 1Column 2Column 3
LegislationPrevious Cabinet memberNew Cabinet member
National Youth Development Agency Act, 2008 (Act No. 54 of 2008)Minister in The Presidency responsible for Performance Monitoring and EvaluationMinister in The Presidency responsible for Planning, Monitoring and Evaluation
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 24 May 2014, are transferred to the Cabinet member mentioned in column 2 of the table.
Column 1Column 2
LegislationPrevious Cabinet member
Minister of Correctional ServicesMinister of Justice and Correctional Services
Minister of Justice and Constitutional DevelopmentMinister of Justice and Correctional Services
3.With respect to the departments mentioned below, the powers and functions entrusted by the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1994), mentioned in column 1 of the tables in paragraphs 3.1 to 3.4 below, to a Cabinet member as executive authority of that department mentioned in column 2 of the tables, immediately before the President assumed office on 24 May 2014, are transferred to the Cabinet member mentioned in column 3 of the tables.
3.1Government communication and information system
Column 1Column 2Column 2
Powers and functions under the Public Service Act, 1994Previous Cabinet MemberNew Cabinet member
All powers and functions of the executive authority of the DepartmentMinister in The Presidency responsible for Performance Monitoring and EvaluationMinister of Communications
3.2Statistics South Africa
Column 1Column 2Column 2
Powers and functions under the Public Service Act, 1994Previous Cabinet memberNew 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 in The Presidency responsible for National PlanningMinister in The Presidency responsible for Planning, Monitoring and Evaluation
3.3Performance monitoring and evaluation
Column 1Column 2Column 2
Powers and functions under the Public Service Act, 1994Previous Cabinet memberNew Cabinet member
All powers and functions of the executive authority of the DepartmentMinister in The Presidency responsible for Performance Monitoring and EvaluationMinister in The Presidency responsible for Planning, Monitoring and Evaluation
3.4Women
Column 1Column 2Column 2
Powers and functions under the Public Service Act, 1994Previous Cabinet memberNew Cabinet member
All powers and functions of the executive authority of the DepartmentMinister of Women, Children and People with DisabilitiesMinister in The Presidency responsible for Women

History of this document

15 July 2014 this version
Commenced
12 July 2014
Assented to
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