National Council for Libary and Information Services Act

Link to law: http://www.gov.za/documents/national-council-libary-and-information-services-act
Published: 2001-06-25

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National Council for Library and Information Services Act [No. 6 of 2001]
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 432 Cape Town 25 June 2001 No. 22410
THE PRESIDENCY
No. 580 25 June 2001
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 6 of 2001: National Council for Library and Information Services Act, 2001

3 No. 72410 GOVERNMENT GAZETTE. 25 J U S E 2001
Act No. 6, 2001 NATIONAL COUNCIL FOR LIBRARY AND INFORMATICIN SERVlCES ACT, ?fjO1
(English text signed by the President.) (Assented to 19 Jtlne -3001.)
A. 4CT To establish the National Council for Library and Information Services; to provide for its objects, functions, composit:ion, meetings, committees and annual report: and to provide for matters connected therewith.
B E IT ENACTED by the Parlia~nent of the Republic of South Africa, as follows:- Definitions
1. In this Act, unless the context indicates otherwise- “council” means the Naticlnal Council for Library and Information Services 5 established by section 2; “department” means the Department of Arts, Culture, Science and Technol- ogy; “Director-General” means the Director-General: Arts. Culture, Science and Technology or any officer of the department acting on the authority of the 10 Director-General; “information literacy” means the ability of learners to access, use and evaluate information from diiferent sources, in order to enhance learning, solve problems and generate new knowledge; ”Minister” means the Minister of Arts, Culture, Science and Technology. IS
Establishment of council
2. The National Council for Library and Information Services is hereby established
Object of council
3. The object of the council is to advise the Minister and the Minister of Education on matters relating to libraryand information services in order to- 20
(a ) support and stimulate the socio-economic, educational. cultural, recreational, scientific research, technological and information development of all commu- nities in the country; and
jb) provide optimal access to relevant information to every person in an ecor,omic and cost-ekctive manner. 25
Functions of council
1. ( I ) The council must inform and advise the Minister and the Minister of Education on-
j a j the development and co-ordination of library and information services; (0) the promotion of co-operation among library and information services: 3 13 ( c ) 1zgisl:ltion affecting library and information services: (ti) policies. principles :tnd criteria that should govern the allocation o f public
funds for library and information services:
4 No . 7-24 I O COVERNhlENT GAZETTE, 25 J U N E 2001
Act Nn. 6 , 2001 NATIONAL COUNCIL FOR LIBRARY .AND INFORMATION SERVICES ACT. 7-00 I
existing adequr:cies and deficiencies of library and information resources, including literature i n African languages, and services: the effectiveness of library and information science education and training: service priorities, after consultation with any organ of State responsible for library and information services and other interested parties; the promotion of basic and functional literacy, and information literacy and a culture of reading; ways in which new information and communication technologies should be harnessed to achieve improved intqration, equity, cost-effectiveness and quality in library and information services; any other mattsr relating to library and information services which the council deems necessary or which the Minister or the Minister of Education may refer to the council.
( 2 ) The council must- ( (1 ) co-ordinate response of the library and information services sector to library
(b ) liaise and develop synergy uith other bodies and councils with regard to
ic) play an advocacy role in library and information services matters; and id) investigate incentives for donations to libraries.
and information services matters;
library and information services matters;
Composition of council
5. ( 1) The council consists of- icl) 12. members appointed by the Minister, after consultation with the Minister of
Education and after a process of public nomination set out in section 7; Ib) one oficer of the department nominated by the Director-General; (c) one officer of the Department of Education nominated by the Director-General
id) the National Librarian referred to in section 1 of the National Library of South
( e ) one representative nominated by the Library and Information Association of
of that department;
Africa Act, 1998 (Act No. 92 of 1998); and
South Africa. ( 2 ) The members of the council referred to in-
(a) subsection ( l ) ( a ) are appointed in their personal capacity and serve on a
( b ) subsection ( l ) (b) , (c). (d) and ( e ) serve in their official capacity and are part-time basis; and
non-voting members in the council.
Chairperson and vice-chairperson
6. ( 1 ) The chairperson of the council is appointed by the Minister, with the concurrence of the Minister of Education, from the members referred to in section
( 2 ) The members of the council must at the first meeting of every newly constituted 5( 1 )(ai.
council elect a vice-chairperson from !heir number.
Nomination procedure
7. ( 1 ) Before persons contemplated in section 5( ] ) ( a ) are appointed the Minister
in) invite nominations from interested persons by notice in the Gazette and in at least two nationally circulated newspapers, and over the radio, specifying a reasonable period within which nominations must be submitted; and
( 7 ) ( i l l The Minister must appoint a panel. after the composition was approved by the Portfolio Committee on Arts, Culture, Science and Technology, consisting of persons with experience or expertise in library and information services to compile a short list ot nut more than 15 candictates from the persons nominated i n terms of subsection ( l ) ( o ) .
th ) The appointment of council mejnbers referred to in section 5( I j((l) must be made from the list contemplated in paragraph ( (1).
must-
( h i set out in such notice the procedure pertaining to the nominations.
5
10
15
20
25
30
35
40
45
50
55
Criteria for membership of council
8. ( 1) The members of the council other than the officer; of the department and the Departmznt of Education. must all be persons who have-
( L L ) expertise in the field of library and information services or science; ( b j expertise i n relation to the leadership in, and management and economics of, 5
( cJ special insight into library and information services and the needs of users of
( 2 ) The council must be broadly representative of all sectors in the library and information serviccs field and be constituted in a manner that will- 10
(a) take into account gender, disability and historically disadvantaged persons:
( O j ensure a spread of expertise ;lnd experience regrding-
library and information services; or
library and information services.
and
( i ) national, provincial and local interests; (ii) the role of information i,n society; and 15
(iii) research, development and education in library and information sciencz.
Tenure and vacation of office of members of council
9. (1) A member of the council other than officers of the department and the Department of Education, holds office for such period. not exceeding three years. as the Minister may d termine at the time of the member's appointment. 20
(2) If, for any reason, a member of the council vacates his or her office before the expiration of his or her term of oflice, the Minister may, subject to section 8, and after consultation with the Minister of Education, appoint any person as a member of the council for the unexpired portion of the period for which that member was appointed.
term. (3) A member whose period of office has expired may be reappointed for one further 25
(4) A member of the council must vacate his or her office if- (a, he or she resigns by written notice addressed to the Minister: (6) the Minister terminates the membership of the member on grounds of
misconduct, incapacity or incompetence; 30 (c) he or she has been absent from more than two consecutive meetings of the
council without the prior permission of the chairperson, except on good cause shown; or
(dl the majority of the council so recommends. (5) A decision to remove a member of the council from office in terms of subsection 35
( 6 ) The Minister may dissolve the Council- (a ) on grounds of mismanagement; or (6) on any other reasonable grounds.
(4)(6) must be based on a finding of an independent tribunal appointed by the Minister.
Meetings of council 40
10. (1 ) (a) The council meets at least twice a year. (6) The first meeting of the council must be held at a time and place determined by the
IMinister, and, thereafter. the council must determine the time and place of any future meeting, with the concurrence of the Director-General.
such time and place as the chairperson, with the concurrence of the Director-General, may direct.
( 2 ) (a ) The chairperson may conv'ene a special meeting of the council, to be held at 45
(h j The chairperson must give notice of at least ten days prior to the meeting. (3) The chairperson, vice-chairperson or, in their absence, a member of the council
elected by the members present, must preside at a meeting of the council. 50 (4) A quorum for a meeting of the council is the majority of its members. ( 5 ) A valid decision of the council can only be taken by resolution of the majority of
the members present at any duly constituted meeting of the council. and, in the event of an equality of votes on any matter, the person presiding has a casting vote in addition to his or her deliberative vote. 55
(6) No remuneration is payable to any member of the council, its committees or working groups except for reasonable travel. accommodation and subsistence costs as determined by the Minister with the: concurrence uf the Minister o f Finance.
8 No. 22410 GOVERNMENT GAZETTE. 25 JUNE 2001
Act No. 6, 2001 NATIONAL COLNCIL FOR LIBRARY AND INFORMATION SERVICES ACT, 2001
Committees of council
11. (1 ) The council may, with the approval of the Minister, establish one or more committees, including standing committees and working groups, for the effective performance of its functions.
council and co-opted persons as the council may deem necessary, but not exceeding seven persons.
(hi The council may at any time dissolve. or reconstitute a committee or working group.
( 3 ) The council must designate a member o f the committee or working group as I O chairperson of such a committee or working group.
(4) The council is not absolved from the performance of any function assigned to any of its committees or working groups.
( 5 ) A committee or working group must meet at least once a year at a time and place determined by its chairperson with the concurrence of the Director-General. 15
(2) ( ( I ) A committee or working group must consist of such number of members of the 5
Secretary and statt'
12. The Council must, in the proper performance of its functions, be assisted by 3 secretary and staff consisting of persons appointed by the Director-General in terms of the Public Service Act, 1994 (Proclamation NO. 103 of 1994).
Finances 20
13. The costs and expenses connected with the application of this Act must be defrayed from moneys appropriated by Parliament to the department.
A4nnual report
14. ( 1) The council must annually submit a report on its activities, advice and recommendations to the Minister and the Minister of Education, and the Minister must 25 table the report in Parliament as soon as possible after its receipt.
(2) Within five months after the report has been tabled, a delegation consisting of the chairperson and at least two other council members must brief the Portfolio Committee on Arts, Culture, Science and Technology on the annual report.
Short title and commencement 30
15. This Act is called the National Council for Library and Information Services Act. 200 1 , and commences on a date fixed by the President by proclamation in the Gazette.