African Institute of South Africa Act [No. 68 of 2001]
REPUBLIC OF SOUTH AFRICA
Vol. 440 Cape Town 21 February 2002 No. 23152
No. 219 21 February 2002
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 68 of 2001: Africa Institute of South Africa Act, 2001
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Act No. 68,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 2001
(English text signed by the President.) (Assented to 12 February 2002.)
ACT To establish a juristic person to be known as the Africa Institute of South Africa which is to succeed the company known as the Africa Institute of South Africa; to state its objectives; to establish a Council to control, manage and direct the affairs of the Institute; to provide for the composition, management and functions of the Council; to provide for the staff of the Council and ancillary matters; to provide for the deregistration of the Company known as the Africa Institute of South Africa and for transitional matters; and to provide for matters incidental thereto.
RECOGNISING THAT- - the Government of the Republic of South Africa and its people are committed
to the revival and development of the African continent in the twenty-first century;
- the transformation of the Africa Institute of South Africa, which has been set in motion by the review process of the Department of Arts, Culture, Science and Technology, continues to remove the legacy of its apartheid past;
NOTING- - the commitment of the Government of the Republic of South Africa with
regard to the establishment of the Africa Union and the implementation of the New Africa Initiative:
AND BEARING IN MIND THAT- the Africa Institute of South Africa will provide research and policy development support in its pursuit of programmes which will contribute to the further development of the African continent; the Africa Institute of South Africa will conduct research and embark on training programmes which will foster continental patriotism and promote increased awareness and understanding of the African continent among the people of South Africa; and the Africa Institute of South Africa will establish, participate in and maintain networks on the African continent which will contribute to the peaceful development and prosperity of the continent,
E IT THEREFORE ENACTED by the Parliament of the Republic of South B Africa, as follows:- Definitions
1. In this Act, unless inconsistent with the context- “CEO” means the chief executive officer appointed in terms of section 12( 1); 5 “Council” means the Council of the Institute established by section 4; “Department” means the Department of A r t s , Culture, Science and Technology;
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“executive committee” means the executive committee established in terms of section 9; “financial year” means the period from 1 April in any year to 31 March in the following year; “Institute” means the statutory body Africa Institute of South Africa established by 5 section 2; “Minister” means the Minister of Arts, Culture, Science and Technology; ”prescribed” means prescribed by regulation; “regulation” means a regulation made under this Act; “this Act” includes the regulations. 10
Establishment of Institute
2. A juristic person known as the Africa Institute of South Africa is hereby established.
Objectives of Institute
3. The objectives of the Institute are to- (a ) promote knowledge and understanding of African affairs through leading 15
social scientists acting in concert and across all disciplines and through training and education on African affairs;
(b) collect, process and disseminate information on African affairs, give effective advice and facilitate appropriate action in relation to the collective needs, opportunities and challenges of all South Africans; and 20
(c) to promote awareness and consciousness of Africa at grassroots level.
Establishment and composition of Council, tenure of office and filling of vacancies
4. (1) A Council is hereby established which must control, manage and direct the
(2) The Council consists of- 25 affairs of the Institute.
( a ) at least seven members, but not more than te , appointed by the Minister in the
( b ) a representative of the Department; (c) a maximum of two members co-opted by the Council in consultation with the
( d ) the CEO of the Institute, who is ex o$lcio and does not have voting powers. (3) The composition of the Council must be broadly representative of the gender,
(4) The members of the Council contemplated in subsection (2) must be appointed in
(5) At least one of the members appointed to the Council must have experience in
(6) A member of the Council-
Minister; and 30
language and community composition of the Republic.
accordance withthe principles of transparency and representativity. 35
‘ (a ) is appointed for a period of three years, unless a shorter period is prescribed; and 40
(b) whose period of office has expired, may be re-appointed. (7) If a member of the Council dies or vacates the office before the expiration of the
period for which the member has been appointed, another person may be appointed by the Minister in the prescribed manner to fill the vacancy for the unexpired portion of the period for which t e member was appointed interms of subsection (2). 45
(8) A member of the Council who is not in the full-time employ of the State may receive out of the funds of the Council, in respect of his or her functions as member. the allowances which the Minister, in consultation with the Minister of Finance, determines.
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(9) The LMinister shall after consultation with members of the Council appoint a
(10) The Minister may in the prescribed manner dissolve the Council. chairperson from among the members of the Council.
Qualifications of members of Council and circumstances under which they vacate office
5. (1) The members of the Council must be persons who have special knowledge of or experience in African affairs or who have specialist skills which are not directly related to African affairs, but which would be beneficial to the Council.
(2) NO member of the Council may hold office in any political party or political organisation.
(3) NO person may be appointed as a member of the Council- (u) if that person is an unrehabilitated insolvent; (17) if that person has been convicted of an offence in the Republic, other than an
offence committed prior to 27 April 1994 associated with political objectives, and has been sentenced to imprisonment without the option of a fine, or, in the case of fraud, to a fine or imprisonment or both; or
(c) unless that person is a South African citizen or permanently resident in the Republic.
(4) A member of the Council must vacate his or her office if he or she- (a ) becomes disqualified in terms of subsection (3) from being appointed as a
(b) is, according to law, detained as a mentally ill person; (c) has, without the leave of the Council, been absent from three consecutive
(d) materially breaches the code of ethics of the Council; (e) resigns by written notice addressed to the Minister; or cf) fails to perform his or her duties efficiently.
member of the Council;
meetings of the Council;
Functions of Council
6. (1) In order to achieve the objectives of the Institute, the Council may- (a) at the request of any person or on its own initiative, investigate matters of
public interest and on the strength of the findings act in an opinion-forming and advisory manner;
(b ) publish scientific reports and other publications; (c) promote outstanding achievements in the different fields of African cultural
(d) generally promote interest in social science education; (e) establish reciprocal arrangements with organisations with similar objectives,
locally and overseas, in order to promote the exchange of information and ideas;
life and grant recognition for excellence;
u) acquire rights and privileges which it considers necessary or appropriate; (g) receive or make donations, grants and endowments; ( h ) purchase, take on lease, or in exchange hire or otherwise acquire movable or
immovable property, and erect any building; (i) invest funds upon such security as it may from time to time determine; (j) with the prior written approval of the Minister-
(i) raise or borrow money in such manner as it deems fit, that is by way of mortgage bonds or by the issue of debentures secured by mortgage bonds upon all or any part of properties held by the Institute, but against no other security than the assets of the Institute;
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(ii) sell, improve, lease, mortgage, dispose of, alienate or otherwise deal with all or any of the immovable property or collections, listed in the accessions register, of the Institute;
( k ) appoint, fix the remuneration of and discharge officers of the Institute; and ( l ) do all such things as are conducive to the attainment of the objectives of the 5
Institute and, from time to time review its tructure, organisation and programmes.
(2) The Council must, in line with its objectives- ( a ) advise the Minister on matters concerning African affairs; (b) submit minutes of all meetings to the Minister for his or her information; 10 (c) publish information on the objectives of the Institute and the functions of the
(d) perform such duties as the Minister may assign to it; and (e) undertake such investigations and research concerning the objectives of the
(3) The Council may not itself establish, acquire or operate any organisation or institution connected with African affairs, but may initiate projects which it considers necessary in pursuit of the objectives of the Institute: Provided that such projects must be undertaken in partnership with existing organisations or institutions which have the capacity to undertake such projects. 20
Performance of functions outside Republic
Institute as the Minis er may assign to it. 15
7. (1) The Council may, in order to achieve the objectives of the Institute, render such support as may be prescribed, to any person who is a South African citizen in any territory outside the Republic.
connection with the performance by the Council of its functions under subsection (l), as if the territory in which it so performs those functions, were part of the Republic.
Meetings of Council
(2) This Act must, as far as it can be applied and with the necessary changes, apply in 25
8. (1) The Council must meet at least three times a year and meetings shall be held at such times and places as the chairperson may determine by notice in writing to the other 30 members.
must be held at such time and place as the chairperson may direct. (2) The chairperson may at any time convene a special meeting of the Council, which
(3 ) A quorum for a meeting of the Council is the simple majority of its members. (4) Any decision of the Council must be taken by resolution of the simple majority of 35
the members present at any meeting of the Council, and in the event of an equality of votes on any matter, the person presiding at the meeting in question has a casting vote in addition to his or her deliberative vote as a member of the Council.
(5) A member of the Council may not vote or in any manner participate in the proceedings at any meeting of the Council, nor be present at the venue where such a 40 meeting is held if, in relation to any matter before the Council, he or she has any interest which precludes him or her from performing his or her functions as a member of the Council in a fair, unbiased and proper manner.
9. (1) The Council must establish an executive committee which consists of- 45 (a) the chairperson; ( b ) the vice-chairperson; and (c) such other members of the Council, not exceeding five, as the Council may
determine. ( 2 ) The executive committee established in terms of subsection (1) must perform the 50
( 3 ) The chairperson of the Council must be the chairperson of the executive functions delegated to it by the Council.
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(4) The executive committee must meet at such times and places as the chairperson of that committee may determine and a quorum for a meeting of the executive committee is the simple majority of its members.
Committees of Council
10. (1) The Council may establish one or more other committees to which it may 5 delegate any power and assign any duty, conferred or imposed on it by this Act.
(2) A committee referred to in subsection (1) may consist of such number of members of the Council and employees of the Council, if any, as the Council may deem necessary, and the Council may at any time dissolve or reconstitute any such committee.
one such member to be the chairperson thereof.
delegated or assigned to a committee.
(3) If a committee has more than one Council member, the Council must designate 10
(4) The Council is not divested of any power or relieved of any function it so
( 5 ) Such delegation or assignment must be communicated to the delegatee in writing. (6) The Council shall establish a committee which shall be responsible for promoting 15
the objectives of the Council in terms of section 3(c).
11. (1) The Council may establish an advisory panel for every field of social science
(2) Every advisory panel must consist of no more than five persons who have 20 it deems necessary.
achieved distinction or have special knowledge of or experience in the field of African affairs in question, and who are not members of the Council.
(3) An advisory panel must advise the Council on any matter relating to the field of African affairs for which it was established.
(4) A member of an advisory panel must be appointed on such conditions, including 25 conditions relating to honoraria and reimbursement of expenses for attending meetings and for services rendered, as the Minister, with the concurrence of the Minister of Finance, may determine.
( 5 ) The Council may on reasonable grounds terminate the membership of a member of an advisory panel. 30
(6) Members of advisory panels are not eligible for grants from the Council during their tenure.
12. (1) The Council must, in consultation with the Minister, appoint a full-time CEO for the Council. 35
(2) The CEO shall be responsible for the management of the affairs of the Council and must report to the Council on those affairs as often as may be required by the Council.
(3) The CEO must be appointed for a maximum period of five years and subject to such conditions, including conditions relating to the payment of remuneration and allowances, as the Council may, subject to section 14(l)(b), determine, and may be 40 reappointed for a similar period on the expiry of his or her period of office.
(4) Whenever the CEO is absent for any reason or unable to carry out his or her duties, or whenever there is a vacancy in the office of the CEO, the Council may, subject to such conditions and the payment of such remuneration and allowances as it may determine in the manner contemplated in subsection (3), appoint an employee of the Council to act as 45 CEO during such absence or inability, or until a CEO has been appointed in terms of subsection (l), and that employee shall, whilst so acting, have all the powers and perform all the duties of the CEO.
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13. (1) In addition to the functions entrusted to the CEO by or under this Act, he or she shall be the accounting officer charged with the responsibility of accounting for all money received and the utilisation thereof, and also be responsible for the property of the Council.
(2) The accounting officer may- (a ) delegate to an employee of the Council apower conferred upon the
(bj authorise an employee to perform a duty assigned to the accounting officer by
(3) A delegation or authorisation under subsection (2) does not prohibit the exercise of the power or the performance of the duty in question by the accounting officer, nor does it absolve the accounting officer from any responsibility therefor.
Staff and conditions of service
accounting officer by or under this Act; or
or under this Act.
14. The Council- (a ) may, subject to paragraph (b) and on such conditions as it may determine,
appoint such number of employees as it deems necessary to enable the Council to perform its functions;
(6) must, out of its own funds, pay to its employees such remuneration, allowances, subsidies and other benefits as the Council may determine in accordance with a system approved for that purpose by the Minister with the concurrence of the Minister of Finance; and
(c) may, on such conditions as it may deem fit and if the employee consents thereto, second an employee, either for a particular task or for a period of time, to the service of a department of state, an organisation or institute in the Republic on condition that the rights, privileges and benefits of such an employee, by virtue of his or her conditions of service as an employee of the Council. are not adversely affected by such secondment.
15. (1) The funds of the Council consist of- (a ) money appropriated by Parliament to finance the functions of the Council; (b) money paid to the Council by users of its services; (c) donations or contributions lawfully received from any source; (d) interest on investments; and (e) income derived under this Act from any other source.
(a ) any money contemplated in subsection (l)(a) in accordance with the statement of its estimated income and expenditure referred to in subsection (3) , as approved by the Minister: Provided that, subject to subsection (l)(a), the Council may utilise any amount or portion of any amount required to be so utilised for a particular or any other purpose in connection with a specified matter: Provided further that the Council, with the approval of the Minister, may utilise any balance of such money of the Council remaining at the end of the financial year for any expenses in connection with the performance of its functions; and
(b) any donations or contributions contemplated in subsection (l)(c) in accor- dance with the conditions, if any, imposed by the donor or contributor concerned.
(3) The Council must-
(2) The Council must utilise-
(a ) in each financial year, at such time as the Minister may direct, submit a statement of the Council’s estimated income and expenditure during the following financial year, and the Council may also during the course of a
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financial year submit supplementary statements of the Council’s estimated expenditure for that financial year to the Minister for approval, to be granted with the concurrence of the Minister of Finance; and
(b) not incur any expenditure in excess of the total amount approved under paragraph (a). 5
(4) The Council may- (a ) in respect of any work completed or service rendered by it under this Act,
charge such fees or make such other financial arrangements as it may deem fit; (6) invest any portion of its funds not spent with the Corporation for Public
Deposits; and 10 (c) establish such reserve funds and deposit therein such amounts as the Minister
may approve with the concurrence of the Minister of Finance.
Auditing, annual and financial reports
16. (1) The Auditor-General must audit the accounts and balance sheet of the Council. (2) The Council must- 15
(a) furnish the Minister with such information as he or she may call for in connection with the activities and financial position of the Council; and
(6) submit to the Minister an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Mini ter may require. 20
(3) The Minister must table the report referred to in subsection (2)(b) in Parliament within 14 days after receipt thereof if Parliament is in session or, if Parliament is not then in session, within 14 days after the commencement of its next session.
Losses and damages
17. (1) If a person who is or was in the employ of the Council caused the Council any 25 loss or damage because he or she is or was responsible for-
(a ) the failure to collect money due to the Council; (b) an irregular payment of money of the Council or for payment of such money
not supported by a proper voucher; (c) fruitless expenditure of money of the Council owing to failure to carry out his 30
or her duties; id) a deficiency in, the destruction of, or any damage to the Council’s money,
stamps, face-value documents and forms having a potential value, securities, equipment, stores or any other property of the Council;
(e) a claim against the Council owing to failure to cany out his or her duties 35 efficiently,
the accounting officer must determine the amount of such loss or damage, and may order that person, by notice in writing, to pay to the Council, within 30 days from the date of such notice, the whole or any part of the amount so determined: Provided that the accounting officer may not make such an order before the person concerned has been 40 afforded an opportunity to make representations in writing to the accounting officer regarding the loss or damage which the person is alleged to have caused.
(2) If the person contemplated in subsection (1) fails to pay the amount within the period stipulated in the notice in question, the-
(a ) amount may, subject to subsections (3) and (4), be deducted from his or her 45 monthly salary: Provided that such deduction may not in any month exceed one fourth of such monthly salary: and
(h ) accounting officer may, subject to subsections (3) and (4), recover the amount from such person by way of legal process.
(3) If, within the period stipulated in the notice in question, the person makes an offer 50 to pay the amount in instalments, the accounting officer may allow payment in such instalments as may be reasonable.
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(4) A person who has in terms of subsection (1) been ordered to pay an amount may, within a period of 30 days from the date of the order, appeal in writing against such order to the Council, stating the grounds of appeal, and the Council may, after such investigation as may be necessary, dismiss the appeal or order that the appellant be exempted, either wholly or partly, from the payment of such amount. 5
18. (1) The Council may- (a ) delegate to the chairperson, CEO or any other employee of the Council, any
power conferred upon the Council by or under this Act, on such conditions as the Council may determine; or 10
(b) authorise the chairperson, CEO or any other employee of the Council to perform any duty assigned to the Council by or under this Act.
(2) The CEO may- (a ) delegate any power conferred upon him or her by or under this Act to an
(b) authorise an employee of the Council to perform any duty assigned to him or
(3) A delegation or authorisation .under subsection (1 j or (2) does not preclude the
employee of the Counci ; or 15
her by or under this Act.
exercise of the power in question by the Council or the CEO, as the case may be.
Deregistration of Company known as Africa Institute of South Africa 20
19. (1) At the commencement of this Act- (a ) the board of directors of the Company known as the Africa Institute of South
Africa is deemed to be the first Council, and such board of directors is for all purposes deemed to have been elected and appointed in terms of section 4;
(b) all the assets, rights, liabilities and obligations of the Company pass to the 25 Council; and
( c ) the Registrar of Companies must immediately deregister the Company in terms of the Companies Act, 1973 (Act No. 61 of 1973).
( 2 ) If the Company was the owner of any immovable property which passed to the Council in terms of this section, the Registrar of Deeds concerned must, at the request 30 of the Council, make such entries or endorsements in or on any relevant register, title deed or any other document as he or she may deem necessary for the transfer of the property in terms of this section.
(3) No transfer duty, stamp duty or other taxes or fees of office are payable by the Council in order to give effect to the provisions of this section. 35
20. (1) The Council may, subject to the approval of the Minister, make regulations regarding-
( a ) the procedure to be followed at meetings of the Council; (6) a code of conduct for members of the Council and advisory panels in order to 40
prevent conflicts of interest and to prevent the Council from being brought into disrepute; and
( c ) disciplinary action and grievance procedure for staff.
(a ) any matter which may be prescribed in terms of this Act; and 45 (b) any other matter which he or she may deem necessary or expedient to
(3) The Council or the Minister may only, in consultation with the Minister of
(2) The Minister may make regulations regarding-
prescribe in order to achieve the objectives of this Act.
Finance, make a regulation relating to state revenue or expenditure.