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Government Gazette

REPUBLIC OF SOUTH AFRICA

Vol. 454 Cape Town 11 April 2003 No. 24745

THE PRESIDENCY
No. 517 11 April 2003
It is hereby notified that the President has
assented to the following Act, which is
hereby published for general
information:–
No. 6 of 2003: National Development
Agency Amendment Act, 2003.

AIDS HELPLINE: 0800-123-22 Prevention is the cure

2 No. 21715 GOVERNMENT GAZETTE. 11 APRIL 200.1
Act No. 6.2003 NATIONAL DEVELOPMENT AGENCY
AMENDMENT ACT. 2003
GENERAL EXPLANATORY NOTE:
] Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.
(English text signed by the Presidenr.)
(Assented
to 9 April 2003.)
ACT
To amend the National Development Agency Act, 1998, so as to amend the
definition of Minister; to reduce the number of members on the Board; to further
regulate meetings
of the Board; to empower the Minister to appoint the chief
executive officer; and to further regulate delegation: and to p
rovide for matters connected therewith.
B
E IT ENACTED by the Parliament of the Republic of South Africa. as
follows:-
. Amendment of section 1 of Act 108 of 1998
1. Section 1 of the National Development Agency Act. 1998 (hereinafter referred to
as the principai Act). is hereby amended by the substitution for the definition
of
“hlinister” of the following definition:
.’ ‘htinister’ means the Minister of [Finance] Social Development:”.
Amendment of section
5 of Act 108 of 1998
2. Section 5 of the principa! Act is hereby amended-
(ai b!. the substitution for subsection (1 ) of the following subsection:
“( 1 The NDA acts through a board consisting of-
[six] fiie members to represent the Govemment appointed b! the
Minister [of Finance] after consultation with [the Ministers
of
Education, Health, Housing, Public Works, Trade and Industry,
Welfare and Population Development, and Water Affairs and
Forestry and such other Ministers as the Minister of Finance
considers necessary to consult] Cabinet: and
[nine] six members to represent civil society [organisations] appointedby the Minister after an open and transparent process
of
considering a short list of candidates presented to the Minister by a
panel. comprising an equal number of representatives from State
Departments and of experts in the development field. established by
the Minister for that pumose.”;
(6) by the substitution for subsectibn i4) of the following subsection:
“(4) (a) In appointing members to the Board and in establishing the
panel, the Minister must ensure that
the Board and the panel represent a
broad cross-section of the population of
South Africa and comprise
persons who reflect
South African society with special attention to race.
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3 No. 23735
Act
No. 6. 2003 NATIONAL DEVELOPMENT AGENCY
.. . GOVERNMENT GAZERE, 11 APRIL 1003
AMENDMENT ACT, 2003
gender. disability, geographical spread. organisations based in rural areas
and faith-based organisations:
(b) The Minister must, by notice in the Gazette and, within 30 days
after the appointment of the members of the Board, publish the names of
such members and the date of commencement of their term of office.”:
(c) by the substitution in subsection (5) for paragraph (h) of the following
“(b) At that meeting the [members of the Board] Minister must
[elect] appoint-
(i) a chairperson from among the members referred to in subsection
iii) a deputy chairperson from among the members referred to
in
paragraph:
( 1 NbJ: and
subsection
(l)(a) and (b).”;
(rfJ b>, the substitution for subsection (7) of the following subsection:
“(7) If the office of chairperson or deputy chairperson of the Board
becomes vacant. a chairperson or deputy chairperson. as the case may be.
must be
[elected] appointed in accordance with subsection (5).”; and
(e) by the substitution for subsection (1 1) of the following subsection:
“i 11 ) A member of the Board who is not in the full-time employment
of the State is paid such remuneration and allowances as the Minister&
consultation with the Minister of Finance. determines.”.
Amendment of section 7 of Act 108 of 1998
3. Section 7 of the principal Act is hereby amended-
(a) by the substitution for subsection (3) of the following subsection:
“(3) The quorum for a meeting of the Board is at least [eight] six
members of the Board.”: and
07) by the addition of the following subsection:
–
“(9) (u) If. during the course of any proceedings of the Board, there is
reason
to believe that a member has any interest contemplated in
subsection
(8). that member must immediately fully disclose the nature
of his or her interest and leave the meeting in question
so as to enable the
remaining members to discuss the matter and determine whether
or not
that member should be allowed to participate in the proceedings.
(171 The disclosure. and the decision taken by the remaining members.
must
be recorded in the minutes of the proceedings in question.”.
-4mendment of section 9 of A4ct 108 of 1998
4. Section 9 of the principal Act is hereby amended-
(0) by the substitution for subsection (1) of the following subsection:
“i 1 ) The [Board] Minister must. on the recommendation of the Board.
appoint a chief executive officer for the NDA. who is also the accounting
officer
of the NDA.”:
(hi b!. the substitution for subsection 16) of the following subsection:
“(6) The chief executive officer is appointed-
(C~J for such period. but not exceeding five years. as the [Board] (h) subject to such conditions as the [Board] Minister, subject to
Minister determines:
and
subsection
(8). determines.”:
(c) tq. the substitution for subsection (7) of the following subsection:
“(7) On such conditions as the Board. in consultation with the
Director-General: Social Development and subject
to subsection (8),
determines. the chief executive officer may appoint such employees as
are necessay
to enable the NDA to perform its duties and .exercise its
powers.”: and
(dl by the substitution for subsection (8) of the following subsection:
“(8) The NDA must pay to its chief executive officer and employees
out of its funds such remuneration, allowances, subsidies and other
benefits as the Minister. in consultation with the Minister of Finance,
determines.”.
5
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2s
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6 No. 24145 .. . GOVERNMENT GAZETTE, 11 APRIL 2003
Act No. 6,.2003 NATIONAL DEVELOPMENT AGENCY AMENDMENT ACT, 2003
Amendment of section 10 of Act 108 of 1998
5. Section 10 of the principal Act is hereby amended by the substitution for subsection
“(7) The NDA may establish such reserve funds, and deposit therein such
amounts, as the Minister, in consultation with the Minister of Finance, approves.”. 5
(7) of the following subsection:
Amendment of section 12 of Act 108 of 1998
6. Section 12 of the principal Act is hereby amended by the substitution for the words
“The Minister may delegate to the Director-General:
[Finance] Social Develop-
ment-”.
10
preceding paragraph (a) of subsection (1) of the following words:
–
Short title and commencement
7. This Act is called the National Development Agency Amendment Act, 2003, and
comes into operation on a date to be fixed by the President
by proclamation
in the
Gazette.