South African Language Practitioners' Council Act

Link to law: http://www.gov.za/documents/south-african-language-practitioners-council-act
Published: 2014-05-19

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South African Language Practitioners' Council Act
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 587 Cape Town 19 May 2014 No. 37660
THE PRESIDENCY No. 384 19 May 2014 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 8 of 2014: South African Language Practitioners’ Council Act, 2014

2 No. 37660 GOVERNMENT GAZETTE, 19 May 2014 Act No. 8 of 2014 South African Language Practitioners’ Council Act, 2014
ACT To provide for the establishment of the South African Language Practitioners’ Council; to provide for the objects, powers, duties and functions of the Council; to determine themanner in which the Council is to bemanaged, governed, staffed and financed; to regulate the training of language practitioners; to provide for control of the accreditation and registration of language practitioners; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa,as follows:— ARRANGEMENT OF SECTIONS
Sections
CHAPTER 1
DEFINITIONS AND APPLICATION
1. Definitions 2. Application of Act
CHAPTER 2
SOUTH AFRICAN LANGUAGE PRACTITIONERS’ COUNCIL
3. Establishment of South African Language Practitioners’ Council 4. Objects of Council 5. Functions of Council
CHAPTER 3
BOARD OF COUNCIL
6. Composition and dissolution of Board 7. Disqualification from membership of Board 8. Declaration of financial or other interests of members 9. Term of office and re-appointment of members 10. Vacancies, suspension, removal and resignation from office of members 11. Meetings and procedures at meetings of Board 12. Recusal of member from meetings and proceedings of Board 13. Remuneration of members 14. Establishment of committees to assist Board 15. Co-opting of persons to, or committees of, Board
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(English text signed by the President) (Assented to 16 May 2014)
4 No. 37660 GOVERNMENT GAZETTE, 19 May 2014 Act No. 8 of 2014 South African Language Practitioners’ Council Act, 2014
CHAPTER 4
CHIEF EXECUTIVE OFFICER AND STAFF OF COUNCIL
16. Appointment of chief executive officer 17. Functions of chief executive officer 18. Resignation and removal from office of chief executive officer 19. Staff of Council
CHAPTER 5
CODE OF CONDUCT FOR LANGUAGE PRACTITIONERS AND POLICY DIRECTIVES
20. Code of conduct for language practitioners
CHAPTER 6
ACCREDITATION BY COUNCIL
21. Application for accreditation 22. Accreditation certificates
CHAPTER 7
FUNDING AND FINANCIALMANAGEMENT OF COUNCIL
23. Funds of Council 24. Financial management 25. Audit and annual report
CHAPTER 8
KEEPING OF REGISTERS, REMOVALAND RESTORATION TO REGISTER AND ANCILLARYMATTERS
26. Keeping of registers 27. Removal of name from, and restoration to, register 28. Effect of suspension or removal from register 29. Right to appeal 30. Custody and publication of registers 31. Register as proof 32. Issue of duplicate registration certificate, certificate of status, extract from
register or certificate by registrar 33. Qualifications and experience prescribed for registration 34. Levying of annual fees on accredited and registered persons
CHAPTER 9
GENERAL PROVISIONS
35. Security of confidential information held by Council 36. Dissolution of Council 37. Use of name of Council 38. Delegations 39. Offences 40. Penalties 41. Regulations 42. Transitional provisions 43. Short title and commencement
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CHAPTER 1
DEFINITIONS AND APPLICATION
Definitions
1. In this Act, unless the context otherwise indicates— ‘‘accreditation’’ means the certification, usually for a particular period of time, in respect of individuals, as having the capacity to fulfill a language function as prescribed in the quality assurance system set up by the South African Language Practitioners’ Council in terms of this Act; ‘‘Board’’ means the Board of the Council appointed in terms of section 6; ‘‘chief executive officer’’ means the chief executive officer appointed in terms of section 16; ‘‘Council’’ means the South African Language Practitioners’ Council established in terms of section 3; ‘‘Council for Higher Education’’ means the independent statutory body responsible for advising the Minister on all higher education policy issues, and for quality assurance; ‘‘Department’’means the Department in the National Government responsible for language matters; ‘‘interpreter’’means a person who transposes an utterance from a source language to a target language in spoken or signed form; ‘‘interpreting’’ means the act of transposing an utterance from a source language to a target language in spoken or signed form; ‘‘language practitioner’’means a paid occupation which involves the work that is done by language practitioners including, but not limited to translators, interpret- ers, language planners, terminologists, lexicographers, text editors and any other person conducting language related work, registered as such under this Act; ‘‘language profession’’ means work related to such fields as language editing, translation, terminology, lexicography, or any other work related to language; ‘‘lexicographer’’ means a person who engages in the practice of compiling dictionaries; ‘‘lexicography’’ means the practice of compiling dictionaries; ‘‘member’’ means a member of the Board of the Council; ‘‘Minister’’ means the Minister responsible for language matters; ‘‘Parliament’’ means the National Assembly and the National Council of Provinces referred to in section 42 of the Constitution of the Republic of South Africa, 1996; ‘‘prescribe’’ means prescribe by regulation under this Act and; ‘‘prescribed’’ has a corresponding meaning; ‘‘Public Finance Management Act’’means the Public Finance Management Act, 1999 (Act No. 1 of 1999); ‘‘qualification’’ means a duly accredited degree, diploma or certificate awarded after examination by a registered training institution to a person’s proficiency in a particular subject; ‘‘register’’, when used as a noun, means a register kept in accordance with the provisions of this Act, and when used in relation to any class or a member of any class of persons in respect of which a register is kept, means the register kept for that class; ‘‘registrar’’ means the person responsible for registration of language practitio- ners and appointed by the chief executive officer in terms of section 19; ‘‘registration’’ means the act of registering, after compliance with the accredita- tion process prescribed by the Council; ‘‘regulation’’ means any regulation made under this Act; ‘‘rule’’ means any rule made under this Act; ‘‘South African Qualifications Authority’’ means the South African Qualifica- tions Authority contemplated in Chapter 4 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
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‘‘terminologist’’ means a person who collects terms and related terminological data from technical text, conducts research on the meaning of terms, and manipulates the data by using and applying terminological methods and principles to comply with the needs of particular target users; ‘‘terminology’’ means the technical vocabulary of a particular subject field or domain, characterised by the restricted and standardised meaning of the terms as the linguistic designations of the specialised concepts of the particular subject field or domain; ‘‘text editor’’ means a person who effects corrections of language and style in written texts, or recorded signed texts; ‘‘this Act’’ includes the regulations and rules made under this Act; ‘‘translation’’ means the act of transposing a written, spoken or signed text from a source language to a target language; and ‘‘translator’’means a person who transposes a written, spoken or signed text from a source language to a target language.
Application of Act
2. This Act applies to all language practitioners within the Republic of South Africa.
CHAPTER 2
SOUTH AFRICAN LANGUAGE PRACTITIONERS’ COUNCIL
Establishment of South African Language Practitioners’ Council
3. (1) There is hereby established a juristic person for the protection and promotion of language practice in the Republic to be known as the South African Language Practitioners’ Council. (2) The Council is a National Public Entity subject to the Public FinanceManagement
Act.
Objects of Council
4. The objects of the Council are to— (a) promote and protect the language practice in the Republic; (b) scrutinise particulars of people intending to register; (c) register people who are registrable by the Council; (d) accredit people who are accreditable by the Council; (e) develop, implement, revise and amend a code of conduct relating to the
conduct of registered language practitioners; (f) protect language practitioners’ professional interests; (g) protect the members of the public who make use of services provided by
language practitioners; (h) regulate the provision of language service to members of the public; (i) provide and encourage the provision of opportunities for persons, especially
from indigenous communities, to enter and participate in the language practice in the Republic;
(j) contribute to an enabling environment for job creation in the language practice in the Republic; and
(k) advise the Minister on matters affecting the language profession.
Functions of Council
5. (1) The Council must— (a) administer funds appropriated by an Act of Parliament; (b) initiate and administer funding from sources other than that appropriated by
an Act of Parliament;
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(c) consult and liaise with— (i) the South African Qualifications Authority in respect of the establish-
ment of an Education and Training Quality Assurance in terms of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);
(ii) the Department in respect of language matters; (iii) the Council for Higher Education, in terms of the National Qualifications
FrameworkAct, 2008 (Act No. 67 of 2008), in respect of specific training courses or programmes;
(iv) the National Skills Authority established in terms of the Skills Development Act, 1998 (Act No. 97 of 1998), in respect of skills development; and
(v) organised language professional bodies; (d) promote liaison among language practitioners; (e) promote liaison and coordination in the field of training and accreditation
pertaining to language professionalisation, both in the Republic and else- where, and to promote the standards of such training in the Republic;
(f) analyse and prioritise education and training needs in the language profession and make recommendations on the provision of such education and training;
(g) recognise accreditation of voluntary associations that are in the language profession;
(h) levy and recover fees from registered persons; (i) grant, refuse, ratify and withdraw accreditation; (j) determine strategic policy, and make decisions in terms thereof, with regard to
the Council and the registered professions, for matters such as finance, education, registration, accreditation, ethics and standards of professional conduct, disciplinary procedure, scope of the professions, professional matters and maintenance and development of professional competence;
(k) coordinate the activities of the Council established in terms of this Act; (l) propose levels of competency testing and qualifications; (m) monitor and audit achievements in terms of those prescribed standards and
qualifications without itself being the provider of education and training; (n) keep a record of registered language practitioners; (o) devise a manner of application for registration and consider applications for
registration; (p) develop and implement the national system of registration for professional
language practitioners; (q) develop and implement a framework for the accreditation of language
practitioners at all levels; (r) develop, implement, enforce and revise the professional code of conduct
governing the conduct of all registered language practitioners; (s) perform any other developmental function relating to the provision of
language services that may be required by the Minister; (t) perform any other function aimed at the development of language profession-
als; (u) perform any other function necessary to attain the objectives of this Act; and (v) develop, implement, enforce and review the code of conduct of all registered
and accredited language professionals. (2) The Council may advise the Minister on— (a) accreditation and competency levels in the language profession to improve the
provision and the quality of services rendered by language practitioners, through adequate education and training;
(b) standards, competency testing and accreditation in the language profession; (c) relevant international standards; and (d) any matter falling within the scope of this Act.
(3) In order to promote uniformity and cooperation by all organs of state on matters relating to the language practice, the Council must—
(a) at least twice a year, convene meetings between organs of state that have an interest in any matter related to the language practice;
(b) act as a link between organs of state and stakeholders in the language practice in the Republic; and
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(c) liaise and interact with an organisation, structure or body that has an interest in a matter related to the language practice.
(4) The Council may enter into agreements with any person with expert knowledge in a particular field so as to assist or advise the Council in connection with any matter relating to its objects, powers, duties and functions in terms of this Act.
CHAPTER 3
BOARD OF COUNCIL
Composition and dissolution of Board
6. (1) The Board consists of— (a) at least eight, but not more than 12, members appointed by the Minister; and (b) the chief executive officer as contemplated in section 16(5).
(2) The members must be fit and proper persons to serve the best interests of the Republic, collectively possessing—
(a) appropriate knowledge, experience and skills in the language practice, or (b) the following skills and expertise:
(i) Legal skills, experience and qualifications; (ii) public finance management skills, experience and qualifications; (iii) audit and risk management skills, experience and qualifications; and (iv) communication skills, experience and qualifications.
(3) In appointing the members contemplated in subsection (1), the Minister must ensure—
(a) that historical imbalances are addressed; and (b) that a balance of interests is maintained between persons representing—
(i) Umalusi; (ii) the Council for Higher Education; (iii) the Pan South African Language Board; (iv) the South African Qualifications Authority; and (v) stakeholders in the language practice.
(4) The Minister must, in consultation with the Board designate— (a) one of the members as the chairperson of the Board; and (b) one of the members as the deputy chairperson of the Board.
(5) The Minister must, by notice in the Gazette and at least two national newspapers, invite any interested party within the Republic to nominate candidates for appointment to the Board. (6) The invitation for nominations must specify— (a) the nomination procedure; (b) the requirements for nominations; and (c) the closing date for the nominations.
(7) The Minister must consider all nominations submitted in response to the notice, and may appoint a selection panel consisting of senior departmental officials, including language practitioners, to review all the nominations and make recommendations to the Minister on the nominees. (8) The Minister must, within 90 days after the appointment of members in terms of
subsection (1), inform the Cabinet and Parliament of the names of the appointed members, including the term of their appointment. (9) The Minister must cause the names of the persons appointed to the Board to be
published in theGazette and in at least two national newspapers, immediately after such persons have been notified, in writing, of their appointment to the Board. (10) This section applies, with the necessary changes, to the filling of a vacancy on the
Board. (11) The Minister may dissolve the Board if he or she considers the Board to be
disfunctional upon giving it a reasonable opportunity to make written representation on why it should not be dissolved.
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Disqualification from membership of Board
7. A person is disqualified from being appointed to the Board or from remaining a member if he or she—
(a) is or becomes an unrehabilitated insolvent; (b) is or has been declared by a competent court to be of unsound mind; (c) is directly or indirectly interested in a contract with the Council and fails to
declare his or her interest and the nature thereof in the manner required by this Act;
(d) is a person under curatorship; (e) has at any time been removed from an office of trust on account of misconduct
involving theft or fraud; (f) has been convicted and sentenced to a term of imprisonment without the
option of a fine, except that the Minister may, upon receipt of an affidavit disclosing full details of an offence by a person nominated for appointment, condone a conviction in a manner that is consistent with section 106(1)(e) of the Constitution of the Republic of South Africa, 1996: Provided that a disqualification in terms of this subsection ends five years after the sentence has been completed; 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 the said section.
Declaration of financial or other interests of members
8. (1)Aperson who has been nominated to serve on the Board in terms of section 6(6) must, within 10 days of being nominated, submit a written declaration to the Minister of all direct or indirect interests in a company and of other business interests. (2) A failure by the nominee to disclose financial and other interests in terms of
subsection (1) disqualifies such nominee in terms of section 7 from being appointed to the Board. (3)Amember must, upon assuming office and at the beginning of every financial year
of the Council, submit a written declaration of his or her direct or indirect interest in a company or other business interest. (4) Where a member acquires an interest in a company, or other business interest, at
any time during his or her tenure as a member of the Board, he or she must, within 10 days of the date of the acquisition of such an interest, submit a written declaration to the Minister of such an interest. (5) Failure on the part of a member to disclose his or her interest as contemplated in
subsections (3) and (4), constitutes justifiable reason for the termination of appointment of such member in terms of section 10(2). (6) The Minister must keep an updated register of the interests of members disclosed
in terms of this section.
Term of office and re-appointment of members
9. The persons appointed to the Board— (a) holds office for a period of five years or such lesser period as the Minister may
determine; and (b) are, subject to section 6, eligible for re-appointment at the expiry of such
period: Provided that no person may be re-appointed after having served on the Board for a continuous period of 10 years.
Vacancies, suspension, removal and resignation from office of members
10. (1) Amember must vacate office if he or she becomes subject to a disqualification contemplated in section 7. (2) The Minister must, after having afforded a member the opportunity to state his or
her case, at any time suspend, or terminate the term of office of such member if, in his or her opinion, there are justifiable and cogent reasons for doing so. (3) A member must vacate office if he or she is absent, without a leave of absence
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having first been granted by the Board, from two consecutive meetings of the Board for which reasonable notice was given to that member personally or by post. (4)Amember may resign from office by giving not less than 30 days written notice to
the Minister: Provided that the Minister may waive the resignation notice period. (5) Whenever a vacancy occurs in the Board, the Minister must, subject to section 6,
appoint a person to fill such vacancy for the unexpired portion of the period of office of the member in whose place such person is appointed. (6) In the event that the Minister exercises his or her powers in terms of subsection
(2), he or she may, notwithstanding the procedure for the appointment of the members of the Board set out in section 6, subject to sections 6(2) and 6(3), appoint persons to serve as members of the Board on an interim basis: Provided that—
(a) the persons appointed in terms of this subsection may not remain on the Board for a period of more than 90 days from the date of their appointment; and
(b) the Minister must, subject to section 6, appoint the members of the Board within 90 days of the appointment contemplated in this subsection.
Meetings and procedures at meetings of Board
11. (1) The first meeting of the Board must be held on a date and at a time and venue determined by the Minister, whereafter all future meetings must be as determined by the chairperson. (2) The quorum for a meeting of the Board is a majority of the members. (3) The proceedings at a meeting of the Board must, subject to the provisions of this
section, be determined by the chairperson including the right to decide that a matter under discussion may be withdrawn before it is put to the vote. (4) The chairperson must preside at all meetings of the Board: Provided that in his or
her absence the deputy chairperson must preside and in the event that neither the chairperson nor the deputy chairperson are present at a meeting of the Board, the members then present must elect, among themselves, a person to act as chairperson for the duration of that particular meeting. (5) A decision of the Board must be taken by a majority of the votes of the members
present at a meeting. (6) In the event of an equality of votes on a matter, the chairperson has a casting vote
in addition to his or her deliberative vote. (7) The Board must keep minutes of its proceedings and decisions. (8) No decision of the Board is invalid merely by reason of a vacancy in the Board:
Provided that the decision is taken by the required majority of the members then present and entitled to sit as members. (9) The Board may, by resolution, make rules to further regulate its proceedings. (10) The Board may, in its discretion, allow members of the public to attend any
meeting of the Board.
Recusal of member from meetings and proceedings of Board
12. (1) A member of the Board must recuse himself or herself from a matter being investigated, considered or voted upon by the Board if one or more of the following occur:
(a) If he or she has a direct or indirect interest in the matter; or (b) if there is a possibility that a direct or indirect interest in the matter might
arise. (2) If at any stage during the course of proceedings before the Board it appears that a
member who is present at that meeting has or may have an interest contemplated in subsection (1), such member must forthwith disclose the nature of his or her interest and leave the meeting. (3) A disclosure made in terms of subsection (2) must be recorded in the minutes of
the meeting in question. (4) If it subsequently emerges that the Board took a decision on a matter in respect of
which a member has failed to disclose an interest contemplated in subsection (1), such decision by the Board is invalid.
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(5) For the purposes of this section ‘‘indirect interest’’ includes, but is not limited to, an interest held by a member’s—
(a) business partner, associate or employer, other than the State; (b) spouse, partner in a customary marriage or other marriage, or a person with
whom such member cohabits or lives as though they are married; or (c) child, parent or sibling.
Remuneration of members
13. (1) (a) Subject to subsection (2)(a), a member may be paid from the funds of the Council such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance. (b) A member who receives remuneration, allowances or other benefits by virtue of
his or her post or employment in— (i) the National Government; (ii) a provincial government; (iii) a municipality; or (iv) a corporation, body or institution in which the national or a provincial
government has a controlling interest, and who continues to receive such remuneration, allowances or other benefits while serving as a member, may only receive remuneration and allowances referred to in paragraph (a) to the extent required to place such member in the financial position he or she would have been were it not for such post or employment. (2) (a)Amember and a person who has been coopted to the Board may, in respect of
his or her functions as a member or coopted member, receive reimbursement from the funds of the Council for reasonable actual subsistence and travelling expenses necessitated by the actual attendance of a meeting of the Board. (b) The Minister must determine procedures, including control measures, for the
management, handling and processing of claims for subsistence and travelling expenses contemplated in paragraph (a).
Establishment of committees to assist Board
14. (1) The Board may establish committees consisting of one or more of its members to—
(a) assist the Board in the performance of the functions of the Council contemplated in section 5; or
(b) enquire or conduct research into a matter falling within the mandate of the Board in terms of this Act.
(2) When establishing a committee contemplated in subsection (1), the Board must— (a) determine the terms of reference of such committee including, but not limited
to, whether or not such committee ceases to exist once it has completed the task or tasks assigned to it by the Board;
(b) appoint a chairperson of such committee who must be a member; and (c) determine whether or not such committee may co-opt persons who are not
members and, if so, on what terms and conditions. (3) The Board may, at any time, terminate the existence of a committee or any
mandate given to a committee, irrespective of whether or not such committee has completed the task or tasks assigned to it by the Board. (4) (a) The chief executive officer may attend and take part in, but may not vote at, a
meeting of the committee. (b) A member of staff of the Council may, on invitation by the relevant committee,
attend a meeting of that committee.
Co-opting of persons to, or committees of, Board
15. (1) The Board may, if it is of the opinion that a particular person is able to assist it in regard to its functions and powers, co-opt such person for that purpose. (2) A person co-opted in terms of subsection (1) is not entitled to vote at a meeting of
the Board or a committee of the Board. (3) A person co-opted in terms of subsection (1) may be paid such remuneration and
allowances out of the funds of the Council as may be determined by the Board in consultation with the Minister of Finance.
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CHAPTER 4
CHIEF EXECUTIVE OFFICER AND STAFF OF COUNCIL
Appointment of chief executive officer
16. (1) The Board must, in consultation with the Minister, appoint a suitably qualified, skilled and experienced person as the chief executive officer. (2) (a) The chief executive officer is appointed for a period not exceeding five years. (b) The chief executive officer may be re-appointed for one additional term of office
not exceeding five years. (3) (a) The appointment of the chief executive officer is subject to the conclusion of
a written performance agreement entered into between that person and the Board. (b) The Board and the chief executive officer may, in writing and by agreement,
amend the performance agreement. (4) For purposes of the declaration of financial or other interests, the provisions of
section 8 apply with the necessary changes to the chief executive officer, except that the chief executive officer must declare his or her interests to the Board. (5) The chief executive officer is an ex offıcio member but does not have the right to
vote at its meetings.
Functions of chief executive officer
17. (1) The chief executive officer is responsible for— (a) the administrative, strategic and financial management of the Council in
accordance with the Public Finance Management Act and the direction of the Board;
(b) in consultation with the Board, the appointment of members of staff of the Council contemplated in section 19(1);
(c) in consultation with the Board, the determination of a code of conduct, applicable to the chief executive officer , all staff of the Council and justiciable for purposes of disciplinary proceedings, to ensure— (i) compliance with applicable legislation, including this Act; (ii) the effective, efficient and economical use of the Council’s funds and
resources; (iii) the promotion and maintenance of a high standard of professional
conduct; (iv) the prevention of conflicts of interest; (v) the protection of confidential information held by the Council; and (vi) professional, honest, impartial, fair, ethical and equitable service;
(d) the maintenance of discipline over the staff appointed in terms of paragraph (b) and is, for those purposes, accountable to the Board;
(e) the keeping and maintenance of the register of interests declared by members of staff of the Council; and
(f) ensuring compliance by the Board with the provisions of the Public Finance Management Act and other applicable legislation.
(2) If the chief executive officer is unable to perform his or her functions, the Board must, in writing, and in consultation with the Minister, appoint an acting chief executive officer until the chief executive officer is able to resume those functions or until a new appointment is made in terms of this Act. (3) If there is no Board, the Minister must appoint the Chief Executive Officer of the
Council in an acting capacity for a specified period: Provided that no person may act for more than 365 days.
Resignation and removal from office of chief executive officer
18. (1) The chief executive officer vacates office— (a) when, in the case of resignation, the resignation takes effect; (b) when, in terms of the company laws of the Republic, the person holding that
office has become disqualified to serve as director of a company; and (c) upon having been removed from office in terms of subsection (2).
(2) The Board may, in consultation with the Minister, terminate the employment of the chief executive officer in accordance with applicable employment and labour laws of the Republic.
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Staff of Council
19. (1) The chief executive officer must, subject to subsection (2), appoint the registrar and staff of the Council as may be reasonably necessary—
(a) to assist him or her in fulfilling his or her functions in terms of this Act; and (b) to assist the Council with the work incidental to the performance by the Board
of its functions. (2) The Board must, subject to section 23(4), determine a human resources policy for
staff of the Council, including the chief executive officer. (3) For purposes of the declaration of financial or other interests, and subject to
section 17(1)(e), section 8(3), (4) and (5), apply with the necessary changes to staff of the Council. (4) The chief executive officer must keep an updated register of the interests of staff
of the Council disclosed in terms of subsection (3). (5) The Council may utilise the services of persons seconded or transferred from the
public service in accordance with the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
CHAPTER 5
CODE OF CONDUCT FOR LANGUAGE PRACTITIONERS AND POLICY DIRECTIVES
Code of conduct for language practitioners
20. (1) The Minister must, by notice in the Gazette and in at least two national newspapers and in consultation with the Board, determine a code of conduct for language practitioners. (2) The code of conduct determined in terms of subsection (1) takes effect upon the
publication of the notice referred to in subsection (1). (3) The Minister may, by notice in theGazette and in at least two national newspapers
and in consultation with the Board, amend, substitute or withdraw such a code of conduct. (4) (a) The Minister may set strategic guidelines for the pursuit of the Council’s
objectives and may issue policy directives to the Board. (b) The Minister may withdraw or amend any strategic guideline or policy directive
issued in terms of paragraph (a).
CHAPTER 6
ACCREDITATION BY COUNCIL
Application for accreditation
21. (1) A person seeking accreditation must apply in accordance with the procedures prescribed by the Council.
(2) The Council must— (a) evaluate every application for accreditation in accordance with its procedures; (b) issue a certificate of accreditation to applicants that meet required criteria,
specifying conditions applicable to the accreditation. (3) The Council may formulate and make publicly available rules consistent with the
provisions of thisAct on any matter necessary or expedient for the administration of this Act including—
(a) the form and procedure for applications for accreditation; (b) the fees applicable to different categories of accreditation; (c) the fees for training or other projects undertaken; and (d) the proper use within the Republic of the name, accreditation logo or
accreditation symbol of the Council. (4) The Minister may prescribe standards, procedures and related matters for the
Council to follow in assessing whether an applicant for accreditation meets the requirements of this section. (5) The Council is the only institution which may accredit language practitioners.
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Accreditation certificates
22. (1) An accreditation certificate issued in terms of section 21(2)(b) must be signed by the chief executive officer or a person with delegated authority to do so in terms of section 38(3). (2) The Council may accept a certified copy of an accreditation certificate issued in
terms of subsection (1) as being a true copy of the certificate. (3) In any legal proceedings, a document that purports to be a certificate issued in
terms of subsection (1) or a copy of such certificate certified in terms of subsection (2) is upon its production evidence of the facts contained therein.
CHAPTER 7
FUNDING AND FINANCIALMANAGEMENT OF COUNCIL
Funds of Council
23. (1) The funds of the Council consist of— (a) money appropriated by Parliament; (b) interest on investments of the Council; (c) assessment fees; (d) annual fees on accredited and registered language practitioners; and (e) income lawfully derived from any other source.
(2) The Council must utilise its funds— (a) for the payment of remuneration, allowances and subsistence and travelling
expenses of the members, the chief executive officer and the members of staff of the Council; and
(b) 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. (3) The chief executive officer must with the concurrence of 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 subsection (1).
(4) The Board must, in consultation with the Minister, determine the remuneration, conditions of service and the pension or retirement benefits of the chief executive officer and staff of the Council. (5) The Council may invest monies deposited into its account which are not required
for immediate use: Provided that the Board must take reasonable steps to ensure that the investment is not of a speculative nature. (6) The Council may not borrow money or issue guarantees, indemnities or securities
or enter into any other transactions that bind it, unless such borrowing, guarantee, indemnity, security or other transaction is authorised in terms of this Act and not in conflict with the Public Finance Management Act.
Financial management
24. (1) The chief executive officer must cause full and proper books of account and all the necessary records in relation thereto to be kept. (2) The chief executive officer must ensure that the Council’s annual budgets,
corporate plans, annual reports and audited financial statements are prepared and submitted in accordance with the Public Finance Management Act. (3) The chief executive officer must, within 90 days before the end of each financial
year, submit to the Board for approval— (a) a business plan for the Council, containing measurable objectives and the
other information contemplated in section 25(3)(b) and (c); and (b) a statement of the estimated income and expenditure of the Council, in respect
of the following three financial years. (4) In a financial year, the chief executive officer may submit to the Board for
approval adjusted or supplementary statements of the estimated income and expenditure of the Council for that financial year.
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(5) The Council may not enter into any financial commitment beyond its approved budget and its accumulated reserves. (6) The chief executive officer may with the approval of the Board, invest any
unexpended portion of its funds with the Corporation for Public Deposits established in terms of section 3 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or other institution categorised or listed from time to time by the National Treasury as a Category ‘‘A1’’ financial institution or establish reserve funds and deposit therein such amounts as the Board approves.
Audit and annual report
25. (1) The Auditor-General must audit the financial statements of the Council. (2) (a)The Board must table a report on the activities of the Council during a financial
year in Parliament within 150 days after the end of that financial year. (b) The Board must, within 150 days after the report has been tabled, brief Parliament
on the annual report. (3) The report must— (a) include a balance sheet and a statement of income and expenditure certified by
the Auditor-General; (b) state the extent to which the Council has achieved or advanced its objects
referred to in section 4 and the measurable objectives as set out in its business plan as contemplated in section 24(3)(a) 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 as set out in that business plan.
CHAPTER 8
KEEPING OF REGISTERS, REMOVALAND RESTORATION TO REGISTER AND ANCILLARYMATTERS
Keeping of registers
26. (1) The registrar must keep registers— (a) in which he or she enters the names of accredited language practitioners; (b) in which he or she, on instruction of the Council, enters the name, physical
address, qualifications, date of initial registration and other particulars, determined by the Council, of the person so registered;
(c) from which he or she must remove the names of deceased registered persons or other persons whose names must be removed in the prescribed manner; and
(d) in which he or she must update, from time to time, the relevant particulars of the person so registered.
(2) The registrar must keep the registers correctly and in accordance with the provisions of this Act. (3) Every registered person who changes his or her address must notify the registrar
in writing within 90 days after such change. (4) (a) No qualification or accreditation must be entered in the register unless the
registrar is satisfied that the person claiming to possess such qualification or experience is entitled thereto and has duly so demonstrated in the accreditation process conducted by the Council. (b)An entry which is proved to the satisfaction of the Council to have been made in
error or through misrepresentation or in circumstances not authorised by thisAct may be removed from the register. (c) A record of the reason for such removal must be made in the register. (d)The person in respect of whose entry such removal has been made must be notified
thereof.
Removal of name from, and restoration to, register
27. (1) The Council must direct the registrar to remove from the register the name of a person—
(a) who has died;
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(b) who has been absent from the Republic for a continuous period of more than three years immediately preceding such removal;
(c) who has failed to notify the registrar of his present address within a period of 90 days as from the date of an enquiry sent by the registrar by certified mail to the address appearing in the register in respect of such person;
(d) who has requested that his or her name be removed from the register, in which case such person may be required to lodge with the registrar an affidavit to the effect that no disciplinary or criminal proceedings are being or are likely to be taken against him or her;
(e) who has failed to pay to the Council, within 90 days as from the date on which it became due for payment, any annual fee prescribed;
(f) whose name has been removed from the register, record or roll of a university, college, society or other body from which that person received the qualification by virtue of the holding whereof he or she was registered; or
(g) who has been registered in error or through fraud. (2) The registrar must give notice of removal of a person’s name by registered mail
addressed to such person at the address of such person as it appears in the register. (3) From the date on which the notice contemplated in subsection (2) was given— (a) any registration certificate issued in terms of this Act to the person concerned
is considered to have been cancelled; and (b) a person whose name has been removed from the register must cease to
practise the profession and is precluded from performing any act which he or she in his or her capacity as a registered person, was entitled to perform, until such time as his or her name is restored to the register.
(4) If, from the documents submitted to him or her, it appears to a judge, or it is brought to his or her notice in any other manner that the person to whom the documents relate is a person registered under this Act or if the said person is declared a mentally ill person in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), the judge concerned may direct that a copy of the order declaring such person a mentally ill person be transmitted to the registrar and the registrar must, on receipt of the said copy, remove the name of the person concerned from the register. (5) The registrar must restore the name of a person which in terms of this section has
been removed from the register if the person concerned— (a) applies on the prescribed form for such restoration to the registrar; (b) pays the prescribed fee in respect of such restoration; (c) in the case where a person’s name has been removed from the register in terms
of subsection (4), submit proof to the satisfaction of the Council of his or her discharge in terms of the provisions of theMental Health CareAct, 2002, from the institution at which he or she has been detained;
(d) pays an annual fee which was not paid and an additional fee as may be decided upon; and
(e) complies with such other requirements as the Council may determine.
Effect of suspension or removal from register
28. A person who has been suspended or whose name has been removed from the register is disqualified from carrying on his or her profession as a registered language practitioner and his or her registration certificate is considered to have been cancelled until the period of suspension has expired or until his or her name has been restored to the register by the Council.
Right to appeal
29. (1) A person who is aggrieved by a decision of the Council may within 90 days of the decision, appeal to the Minister in the prescribed manner prior to instituting legal proceedings to review such a decision. (2) A notice of the appeal must be given within 90 days from the date on which such
decision was given or when such decision came to his or her knowledge.
Custody and publication of registers
30. (1) The registers must be kept at the offices of the Council. (2) The registrar must, at intervals determined by the Council and according to the
instructions of the Council, cause to be printed copies of the registers or supplementary
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lists showing all alterations, removals, additions, revisions and deletions effected since the last publication of the complete registers.
Register as proof
31. (1) (a) A copy of the last published issue of a register or supplementary list purporting to be printed and published on the authority of the Council is prima facie proof in all legal proceedings of the facts therein recorded. (b) The absence of the name of a person from such copy is proof, unless there is
credible evidence to the contrary, that such person is not registered according to the provisions of this Act. (2) For the purposes of subsection (1) a certified extract or a certificate contemplated
in section 32(3) bearing a date subsequent to the date of publication of the register or supplementary list contemplated in subsection (1) is ‘‘credible evidence to the contrary’’. (3) If the registrar issues a certificate dated later than the date of publication of the
register or supplementary list contemplated in subsection (1) to the effect that a language practitioner’s name has been removed from the register since the date of publication of the register or supplementary list and has not been restored thereto, that certificate is proof, in the absence of credible evidence to the contrary, that such person is not registered in terms of the provision of this Act. (4)Acertificate of registration is proof of registration for a period of one year only and
thereafter an annual practising certificate, issued upon payment of the prescribed annual fee and upon submission of such information as may be required by the Council to enable it to keep accurate statistics on human resources in the language field, is proof of registration in the absence of credible evidence to the contrary.
Issue of duplicate registration certificate, certificate of status, extract from register or certificate by registrar
32. (1) If the registrar is satisfied— (a) on proof submitted by the registered person concerned that a registration
certificate has been destroyed; or (b) by virtue of an affidavit submitted by the registered person concerned, that a
registration certificate has been lost, the registrar may issue a duplicate registration certificate to that person upon payment of the prescribed fee. (2) The registrar may, upon payment of the prescribed fee, issue to any registered
person a certificate of status containing particulars relating to such person’s registration as well as a statement to the effect that the said person is not disqualified from practising his or her profession and that no disciplinary steps are pending against him or her in terms of this Act. (3) The registrar may issue a certified extract from the register or a certificate under
his or her hand to a person upon payment of the prescribed fee. (4) A certificate may be issued subject to certain conditions imposed by the Council
and such conditions must be indicated on the certificate.
Qualifications and experience prescribed for registration
33. (1) The Minister may, on the recommendation of the Council, prescribe the minimum qualifications to be obtained by virtue of examinations conducted by a tertiary institution or other examining authority in the Republic. (2) A holder of a qualification contemplated in subsection (1), obtained separately or
conjointly with another qualification, or a person with relevant experience is eligible for registration in terms of this Act if he or she has before or in connection with or after the acquisition of the qualification in question, or other relevant experience, complied with the prescribed conditions or requirements.
Levying of annual fees on accredited and registered persons
34. (1) The Minister may, on the recommendation of the Council and by notice in the Gazette and in at least two national newspapers, authorise the Council to prescribe a fee to be paid annually to the Council by the registered persons concerned: Provided that in
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prescribing such fee the Council may differentiate between persons according to whether they have been registered before or after a date specified in the notice and may vary such fee according to whether it is paid before or after a specific date. (2) If a person liable to pay an annual fee prescribed in terms of subsection (1) fails
or refuses to pay such fee within the period specified in the notice in question, the Council may institute legal proceedings. (3) If a person’s name has been removed from the register, it shall be a condition
precedent for the restoration of his or her name to the register that he or she pays the outstanding annual fee. (4) The Council may, by resolution, exempt for an indefinite or definite period a
registered person specified in the resolution from payment of an annual fee prescribed in terms of subsection (1).
CHAPTER 9
GENERAL PROVISIONS
Security of confidential information held by Council
35. (1) Subject to the Constitution of the Republic of South Africa, 1996, and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), and other relevant legislation no person may disclose information submitted to the Council in connection with an application or instruction, unless—
(a) he or she is ordered to do so by a court of law; or (b) the person who made such application or give such instruction consents
thereto in writing. (2) No person may disclose information kept in the register contemplated in sections
8, 16(4) and 19(4), unless such disclosure is— (a) in terms of a law that compels or authorises such disclosure; (b) materially necessary for the proper functioning of the Council; or (c) made for purposes of monitoring, evaluating, investigating or considering
activity relating to the Council, or a member of staff of the Council. (3) Where a disclosure contemplated in subsection (2) is to be made, the person
concerned must be informed thereof timeously. (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence.
Dissolution of Council
36. The Council may only be dissolved in terms of an Act of Parliament.
Use of name of Council
37. (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.
Delegations
38. (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 41; or (b) any duty imposed on the Minister by this Act, except any duty regarding the
appointment, and termination of office, of the members of the Board contemplated in sections 6(1)(a), 7 and 10(2).
(2) The Board may, by a special resolution, delegate to the chief executive officer or staff member of the Council, any power or duty conferred or imposed on the Board by this Act. (3) The chief executive officer may delegate to a member of staff of the Council any
power or duty conferred or imposed on the chief executive officer by thisAct, except the power or duty as accounting officer of the Council.
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(4) 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. (5) 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.
Offences
39. (1) Amember, a member of staff, an adviser, agent or any other person employed or acting on behalf of the Council is guilty of an offence if he or she directly or indirectly accepts a bribe or receives unauthorised fee or reward from any person in connection with anything done or offered by the Council.
(2) A person is guilty of an offence if he or she, in respect of or in connection with anything done or offered by the Council, bribes or attempts to bribe or in a corrupt manner influences or attempts to influence a member, a member of staff, an adviser, agent or any other person employed by, or acting on behalf of, the Council. (3) A person is guilty of an offence if he or she falsely claims that he or she is
authorised to charge or collect fees, donations or contributions on behalf of, or by direction of the Council. (4) A person is guilty of an offence if he or she does professional work of a language
practitioner without being in possession of a valid accreditation or registered certificate for the period in question.
Penalties
40. A person convicted of an offence in terms of this Act is liable to a fine or to imprisonment for a period not exceeding five years or to both such fine and imprisonment.
Regulations
41. TheMinister may, in consultation with the Board, other relevant institution and by notice in the Gazette, make regulations regarding—
(a) the training of language practitioners; (b) control over the accreditation and registration of language practitioners; or (c) in general, any ancillary or incidental matter that is necessary to prescribe for
the proper implementation or administration of this Act.
Transitional provisions
42. (1) For a period, not exceeding two years from date of coming into operation of this Act, the Council may recognise—
(a) any person admitted and enrolled by a division of the High Court as a sworn translator in accordance with Rule 59 of the High Court Rules as a language practitioner for the purposes of this Act; and
(b) accreditation granted by voluntary or other associations prior to the establishment of the Council provided that the Council may conduct a competency test whenever it deems this necessary.
(2) No person or business other than the Council may regulate, register or accredit a language practitioner after the period contemplated in subsection (1) has expired.
Short title and commencement
43. This Act is called the South African Language Practitioners’ Council Act, 2014, and comes into operation on a date fixed by the President by proclamation in the Gazette.
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