National Library of South Africa Act [No. 92 of 1998]
PGOVT. COMMUKl~TION 8 llifORMtlON 5
REPUBLIC OF SOUTH AFRICA ~
~!WVT COAIIMUNI~TION & INFORMATION SYS
GOVERNMENT GAZETTE .
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA I
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Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 2 NOVEMBER 1998 VOL 401 No. 19415
KAAPSTAD, 2 NOVEMBER 1998
OFFICE OF THE PRESIDENT 1. KANTOOR VAN DIE PRESIDENT No. 1395. 2 November 1998
It is hereby notified that the President has assented to the following Act which is hereby published for general information: —
No. 92 of 1998: The National Library of South Africa Act, 1998.
No. 1395. 2 November 1998
Hierby word bekend gemaak dat die President sy goed- keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:—
No. 92 van 1998: Wet op die Nasionale Biblioteek van Suid- Afrika, 1998.
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT, 1998
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(English text signed by the President.) (Assented to 20 October 1998.)
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ACT To provide for the National Library of South Africa; for collecting, preserving, making available and promoting awareness of the national documentary heritage; and to provide for matters connected therewith.
1.
2. 3. 4.
5. 6. 7. 8. 9.
10. 11. 12. 13. 14.
15. 16. 17. 18.
INDEX
INTRODUCTION
Definitions
CHAPTER 1
THE NATIONAL LIBRARY OF SOUTH AFRICA
National Library of South Africa Objects of National Library Functions of National Library
CHAPTER 2
ADMINISTRATIVE PROVISIONS
Powers of National Library Board of National Library Functions and allowances of members of Board Meetings of Board Employees of National Library Transfer of certain persons to employ of National Library Transfer of certain assets to National Library Minister may entrust certain property to care of National Library Financing of National Library Auditing and annual report
CHAPTER 3
GENERAL PROVISIONS
Regulations Transitional provisions Amendment and repeal of laws Short title and commencement
BE IT ENACTED by the Parliamentfollows:— of the Republic of South Africa, as
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT. 1998
INTRODUCTION
Definitions
1. In this Act, unless the context indicates otherwise— (i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii) (viii)
(ix) (x)
(xi) (xii)
“bibliographic service” means— (a) the creation of bibliographic records and the compilation of catalogues,
bibliographies, indexes and other bibliographic databases; (b) the compilation and dissemination of relevant statistics; (c) the exchange, sale, dissemination or making available of the records and
compilations referred to in paragraph (a); (i) “Board” means the Board of the National Library, constituted in terms of section 6; (x) “document” means any object which is intended to store or convey information in textual, graphic, visual, auditory or other intelligible format through any medium, and any version or edition of a document which is significantly different from that document in respect of its information content, intelligibility or physical presentation, is considered to be a separate document: Provided that public records as defined in section 1 of the National Archives of South Africa Act. 1996 (Act No. 43 of 1996). or in provincial legislation pertaining to records and archives. other than published records, are not considered to be documents for the purposes of this Act: (ii) “documentary heritage” means the total of published documents emanating from South Africa or relating to South Africa: (iii) “medium”’ means any means of recording or transmitting information intended for subsequent reading, listening or viewing; (vi) “Minister” means the Minister of Arts, Culture, Science and Technology: (vii) “’National Librarian”’ means the #erson referred to in section 9(1 )(b); fix) “National Library” means the National Library of South Africa, referred to in section 2; (viii) “prescribe’” means prescribe by regulation; (xii) ‘“published” means produced to be made available in multiple copies or at various locations to- (a) any member of the public, whether through purchase, hire, loan,
subscription, licence or free distribution; or (b) the members of an association or a society, whose membership is open to
any qualifying member of the public; (iv) “record” means recorded information regardless of form or medium: (xi) “this Act” includes any regulation made under section 15. (v)
CHAPTER 1
THE NATIONAL LIBRARY OF SOUTH AFRICA
National Library of South Africa
2. (a) The South African Library and the-. State Library referred to in section 2 of the National Libraries Act, 1985 (Act No. 56 of 1985), are hereby amalgamated to form the National Library of South Africa.
(b) The National Library is situated in Pretoria and Cape Town and may have agencies and departments in such other places as the Minister may determine by notice in the cll:cttt’.
(c) The location of the office of the National Librarian is determined by the Minister after consultation with the Board.
Objects of National Library
3. The objects of the National Library are to contribute to socio-economic, cultural, educational. scientific and innovative development by collecting, recording, preserving and making available the national documentary heritage and promoting an awareness and appreciation thereof. by fostering information literacy. and by facilitating access to the \vorld’s information resources.
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT, 1998
Functions of National Library
4. (1) The functions of the National Library are— (a) (i) to build up a complete collection of published documents emanating
from or relating to South Africa: (ii) to maintain and extend any other collections of published and unpub- 5
lished documents with the emphasis on documents emanating from and relating to Southern Africa;
(iii) to promote the optimal management of collections of published documents held in South African libraries as a national resource; and
(iv) to supplement the national resource contemplated in subparagraph (iii) 10 with selected documents;
(b) (i) to record the documents contemplated in paragraph (a); and (ii) to render a national bibliographic service and to act as the national
bibliographic agency; (c) to promote optimal access to published documents, nationally and intema- 15
tionally; (d) to provide reference and information services, nationally and internationally; (e) to act as the national preservation library and to provide conservation services
on a national basis; (j) to promote awareness and appreciation of the national published documentary 20
heritage; and (g) to promote information awareness and information literacy.
(2) In order to achieve its objects and promote the development of library and information services in South Africa, the National Library must, in relation to the functions referred to in subsection ( l)— 25
(a) provide appropriate information products and services; (b) provide leadership, guidance and advice to South African libraries and
information services; (c) undertake planning and co-ordination in co-operation with other library and
information services; 30 (d) present, in consultation and co-operation with appropriate educational
institutions and professional bodies, courses of training and education relating to the functions referred to in subsection (1);
(e) undertake research and development: and (~) liaise with libraries and other institutions in and outside South Africa. 35
CHAPTER 2
ADMINISTRATIVE PROVISIONS
Powers of National Library
5. (1) The National Library is a juristic person, and may, subject to subsection (2), perform any act which, in the opinion of the Board, is necessary for or incidental to the 40 performance of its functions.
(2) The National Library may not without the prior approval of the Minister granted with the concurrence of the Minister of Finance—
(a) lease or sell, exchange or otherwise alienate its movable or immovable property: Provided that the Minister may prescribe categories of movable 45 property which may be alienated by the National Library at the sole discretion of the Board: Provided further that any alienation of the collections contemplated in section 4( l)(a)(i) must be dealt with in accordance with section 7(5) of the Legal Deposit Act, 1997 (Act No. 54 of 1997);
(b) as long as a guarantee furnished in terms of section 35 of the Exchequer Act, 50 1975 (Act No. 66 of 1975), is in force in respect of a loan granted to the National Library— (i) mortgage or otherwise encumber its immovable property acquired
through that loan;
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT. 1998
(ii) lease or sell. exchange or otherwise alienate, or hypothecate or otherwise encumber its movable property acquired through that loan:
(c) borrow money.
Board of National Library
6. (1) The affairs of the National Library are controlled by a Board consisting of— (a) at least seven but not more than nine members appointed by the Minister in the
prescribed manner: Provided that the regulations prescribing the manner of appointment must apply the principles of transparency and representivity: Provided further that at least one of the members must have financial expertise;
(b) the chief executive officer of the National Libwy, who is ex oficio a member of the Board; and
(c) the heads of the Pretoria and Cape Town components, who are ex ojicio non-voting members.
(2) A member of the Board must vacate the office if— (u) the member’s estate is sequestrated or assigned for the benefit of, or if the
member compounds with, the creditors of the member; (b) a competent court finds that the member is of unsound mind: (c) the member is convicted of an offence and sentenced to imprisonment without
the option of a fine; (d) the member is absent from three consecutive meetings of the Board without
the leave of the Board; and (e) the member is elected as a Member of the National Assembly or a provincial
legislature, or appointed as a permanent delegate to the National Council of Provinces by a provincial legislature in accordance with the Constitution and the National Council of Provinces (Permanent Delegates Vacancies) Act, 1997 (Act No. 17 of 1997).
(3) The Minister may after consultation with the Board remove a member of the Board from office if in the opinion of the Minister there are sound reasons for doing so after hearing the member on those reasons.
(4) If a member of the Board dies. or resigns by written notice to the Minister, or vacates that office or is removed from otiice, the Minister may appoint a person in the prescribed manner in that member’s place for the remaining part of the term of office.
(5) (a) A member of the Board holds office for a period not exceeding three years, subject to subsections (3) and (4), and may be reappointed.
(h) No member may serve more than two consecutive terms.
Functions and allowances of members of Board
7. ( 1 ) The functions of the Board are— (cl) to formulate the policies of the National Library in consultation with the
Minister; (b) to approve the budget of the National Library; (c) to approve the financial statements of the National Library; (d) to advise the Minister with regard to matters with which the National Library
is concerned: and * (e) to furnish the Minister with such information as the Minister may require.
(2) The Board may pay to a member of the Board who is not in the full-time employ ot’ the State or who is not in the employ of the National Library such allowances as the Minister with the concurrence of the Minister of Finance may determine.
Meetings of Board
8. ( 1 ) The Board must meet at least twice a year at such times and places as the Board may determine.
(2) ([t) The Minister must appoint a chairperson for the Board from among the members of the Board.
(b) The chairperson or, in the chairpersons absence, a member of the Board elected by the nlembers present. presides at meetings of the Board.
(3) The quorum for a meeting of the Board is a majority of its members.
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(4) A decision of the Board is taken by resolution of the majority of the members present at any meeting of the Board, and, in the event of an equality of votes on any matter, the person presiding at the meeting has a casting vote in addition to a deliberative vote as a member of the Board.
Employees of National Library 5
9. (1) (a) The Board may appoint such employees as are necessary to perform the functions of the National Library.
(b) (i) The Board must appoint a chief executive officer who must be responsible for the management of the affairs of the National Library and who must report on those affairs to the Board as the Board may require. 10
(ii) The chief executive officer is also the accounting officer charged with the responsibility of accounting for all money received and the utilisation thereof and is responsible for the property of the National Library.
(iii) The chief executive officer of the National Library is known as the National Librarian. 15
(2) The Board determines the remuneration, allowances, conditions of service, subsidies and other benefits of the employees of the National Library in consultation with the Department of Public Service and Administration and with the approval of the Minister granted with the concurrence of the Minister of Finance.
(3) An employee maybe discharged only in terms of a decision of the Board, and the 20 employee concerned may in the prescribed manner and within the prescribed time appeal against the discharge to the Minister, who may confirm, vary or set aside that decision, or give such other decision as the Board in the opinion of the Minister should have given.
(4) (a) An employee may, with the employee’s consent and on such conditions as the 25 Board may determine, be seconded, either for the performance of a particulw service or for a period of time, to the service of the State, another state or some other person.
(b) While seconded an employee remains subject to the laws and conditions of service that apply to the employee while in the employ of the National Library.
Transfer of certain persons to employ of National Library 30
10. A person who is in the full-time employ of the State or of an institution receiving financial aid from the State may, subject to the laws governing the public service and the approval of the Board, be transferred or seconded to the employ of the National Library.
Transfer of certain assets to National Library
11. Subject to section 2 of the State Land Disposal Act, 1961 (Act No. 48 of 196 1), the 35 Minister may, in consultation with the Board and with the concurrence of the Minister of Public Works, the Minister for Agriculture and Land Affairs and the Minister of Finance, and on such conditions as the Minister may determine, transfer to the National Library any immovable property belonging to the State in order to enable the National Library to perform its functions. 40
Minister may entrust certain property to care of National Library
12. The Minister may, in consultation with the Board and in such manner and on such conditions as the Minister thinks fit, entrust any movable property or part thereof which has been donated or bequeathed to the Republic or its inhabitants or which has been donated or bequeathed for the use or benefit of the Republic or its inhabitants, to the care 45 of the National Library, unless the donor or testator has made other provisions for the care thereof.
Financing of National Library
13. (l) The funds of the National Library consist of—
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT, 1998
(a) money appropriated by Parliament: (b) money borrowed by the National Library; (c) revenue obtained by virtue of subsection (3); (d) fees or royalties paid to the National Library; (e) donations or contributions received by the National Library; (~) money accming to the National Library from any other source, including
remuneration for services rendered in terms of this Act. (2) Subject to this section, the National Library must use its funds to defray
expenditure in connection with the performance of its functions. (3) The Board may invest any money not required for immediate use or as a
reasonable operating balance with the Public Investment Commissioners or in such other manner as the Minister with the concurrence of the Minister of Finance may determine.
(4) The Board may establish and operate a reserve fund and may deposit therein such amounts as become available from time to time.
(5) (a) The National Library— (i) must in each financial year, at a time determined by the Minister. submit a
statement of its estimated income and expenditure projected over the following three financial years for the approval of the Minister; and
(ii) may in any financial year at any time submit supplementary statements of its estimated expenditure for that financial year to the Minister for the Minister’s approval.
(b) The National Library may not enter into any financial commitment beyond its approved budgets and its accumulated reserves.
Auditing and annual report
14. (1) The financial year of the National Library ends on 31 March. (2) The National Library must keep a proper record of its assets and financial
transactions. (3) The accounts of the National Librwy must be audited annually by the
Auditor-General. (4) (a) The National Library must fumisb to the Minister such information in
connection with the functions and financial position of the National Library as the Minister may require. and must within three months of the end of the financial year submit to the Minister an annual report, including a balance sheet and a statement of revenue and expenditure in respect of the financial year, certified by the Auditor- General, as well as such other particulars as the Minister may require.
(b) The Minister must table the report in Parliament within 14 days after receipt thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session, within 14 days after the commencement of its next ordinary session.
CHAPTER 3
GENERAL PROVISIONS
Regulations
15. (1) The Minister may make regulations regarding— (a) matters which are required or permitted to be prescribed in terms of this Act; (b) (,i) the investigation of a charge of misconduct or inefficiency against a
person in the employ of the National Library, or of any alleged irregularity in connection with the alfairs of the National Library, conduct constituting misconduct, the procedure to be followed at such an investigation, the summoning and attendance of witnesses, and the sanction that may be imposed upon or other steps that may be taken against such a person:
(ii) the procedure for the investigation of an alleged grievance of an employee:
(c) the keeping of records: (d) the times when. the form in which and the persons to whom tinancial
statements and reports in respect of the National Library must be submitted; (e) research at the National Library;
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Act No. 92, 1998 THE NATtONAL LIBRARY OF SOUTH AFRICA ACT, 1998
(j the establishment of professional advisory committees: and (g) generally, any matter h respect of which regulations are regarded necessary or
expedient in order to achieve the objects of this Act. (2) Regulations made under this section may prescribe a fine or a period of
imprisonment not exceeding one year for a contravention thereof or a failure to comply 5 therewith.
(3) The Minister must publish any regulations made under this section in the Gazette.
‘IYansitional provisions
16. (1) (a) The boards of the State Library and the South African Library must dissolve at the commencement of this Act. 10
(b) The members of those boards must function jointly as an interim board which must dissolve at the constitution of the Board of the National Library in terms of section 6.
(c) The interim board must elect a chairperson from among its members. (2) (a) A person who immediately before the commencement of this Act was in the 15
employ of the State Library or the South African Library is transferred to the employ of the National Library with the retention of the salary, allowances and other benefits which then applied in respect of the person.
(b) Such a person is regarded as having been appointed under section 9. (c) The salary, allowances, conditions of service and other benefits of such person is 20
regarded as having been determined under that section, and any leave, pension or other benefits which have accrued in the person’s favour by virtue of the person’s service with the said library is regarded as having been accrued in the person’s favour by virtue of service with the National Library.
(d) The Director of the State Library must act as the chief executive officer of the 25 National Library until the Board appoints a chief executive officer in terms of section 9(b)(i).
(3) Any movable property which was in the possession or under the control of the State Library or the South African Library immediately before the commencement of this Act vests in the National Library, including— 30
(a) money standing to their credit in the accounts of those libraries or held by the State for the purposes of those libraries;
(b) claims of the State in connection with those libraries: (c) rights and privileges of the State in connection with those libraries in terms of
an agreement entered into by or on behalf of the State or those libraries. 35 (4) The liabilities and obligations of the State in respect of the State Library and the
South African Library become liabilities and obligations of the State in respect of the National Library.
(5) Any reference in any law or document to- (a) the State Library must be construed as a reference to the Pretoria component 40
of the National Library; (b) the South African Library must be construed as a reference to the Cape Town
component of the National Library.
Amendment and repeal of laws
17. The laws mentioned in the Schedule are hereby amended or repealed to the extent 45 set out in the third column thereof.
Short title and commencement
18. This Act is called the National Library of South Africa Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.
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Act No. 92, 1998 THE NATIONAL LIBRARY OF SOUTH AFRICA ACT, 1998
SCHEDULE
Laws amended or repealed
Number and year of law Short title
Act No. I i of 1977 (Tratrskei)
Act No. 8 of 1978
(Bophuthatswana)
Act No. 18 of 1980 (KwazuhI)
Act No. 19 of 1980 (Ciskei)
Act No. 2 of 1981 (KaNgwane)
Act No. 12 of 1981 (Vends)
.4ct No. 4 of 1982 (Gazankulu)
Act No. 10 of 1983 (Qwaqwa)
Act No. 56 of 1985
Act No. 7 of 199 I (Lebowa)
National Library Service Act. 1977
Bophuthatswana National Library
Service Act, 1978
KwaZulu Library Act. 1980
Ciskeian Library Services Act. 1980
National Library Service Act. 1981
Venda National Library Services Act,
1981
National Library Service Act. 1982
National Library Service Act, 1983
National Libraries Act. 1985
Central Library Service Act. 1991
Extent of amendment or
repeal
Repeal of section 11
Repeal of section 19(2)
Repeal of section 6
Repeal of section I I
Repeal of section 14
Repeal of section 14(2)
Repeal of section 14(2)
Repeal of section 14(2)
Repeal of the whole
Repeal ot’ section 17