Former States Broadcasting Reorganisation Act

1. In this Act, unless the context indicates otherwise- (i) "broadcaster" means the Transkei Broadcasting Corporation referred to in 5 section 2 of this Act, the Bophuthatswana Broadcasting Corporation referred to in section 2 of the North West Broadcasting Corporation Act, 1995 (Act No. 9 of 1995), the Bureau for Information and Broadcasting referred to in section 3 of this Act and the Ciskeian Broadcasting Corporation referred to in section 4ofthisAct;(vili) . _ . .. ..... 10 , _ ~ .. _ _ ... . , __ (ii) "broadcasting enterprise" means . all the assets, liabilities~' rights and - obligations, including. any claim to copyright, trade marks and patentable inventions, of a broadcaster which relate to or are used in connection with the conduct of the broadcasting service. _as determined by the Minister; (ix) (iii) "broadcasting service" means a single defined service consisting of the 15 broadcasting of television or sound material to the public or sections of the public or to the subscribers to such service; (viif · · (iv) "broiukastirig signal distribution .. means the process whereby the output : signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, from 20 where it is conveyed to any geographical broadcast target area by means of a telecommunications process. but excluding the use of facilities_ which operate on frequenCies outside the broadcasting service frequency bands; (x) · . ' _, (v) "broadcasting signill 'distribution enterprise .. means all assets. liabilities, rights and obligations, including any claim to copyright, trade marks and 25 ' patentable, inventions,, of· a broadcaster which relate . to or . are used. in . 'COnnection With broadcasting signal distribution, as determined , by 1 the • Minister, (xi) .. department" means the Department of Posts and Telecommunications; (ii) · (vi) (vii) "fixed establishment" means the posts created for the normal and regular 30 . · · 4 No. 17601 Act No. 91, 1996 GOVERNMENT GAZEITE, 22 NOVEMBER 1996 FORMER STATES BROADCASTING REORGANISATION . ACf, 1996 . I ' requirements of a public broadcasting service conducted by a broadcaster which were filled on a fixed basis before 1 October 1995 and which are still so . filled by the transfer date; (xii) · - ... ,.~ ~- , (viii) "Minister" means the Minister responsible for the administration of broadcasting; (iii) 5 (ix) . "operating loss" means excess of operating expenditure over operation - c income and for that pui-pose capital. gain shall be left out of account; (i)-. (x) "SABC" means the South African Broadcasting Corporation contemplated in section 2 of the Broadcasting Act, 1976 (Act No. 73 of 1976); (v) (xi) "Sentech" means Sentech (Ply) Ltd, a private company which is a 10 wholly-owned subsidiary of the SABC and which is registered in terms of the Companies Act, 1973 (Act No- 61_ of 1973), and licensed to provide broadcasting signal distribution; (vi)·: (xii) "transfer date", with regard· to a particular broadcaster, means the date . " i determined by the Minister in terms of section 5. (iv) ,:r.,'l,~;·!,;~:i: ·~;··.-->,--·..; · ' ·:· .. .·'' · ~{·n;•:.,.- · 15 Abolltion ofTrimskei Broadcasting Corporation . . • . : ~; • - . '. . --. . ·_ '; ' ' ' '·' ·'" ' '\ ;" ':! '·· - t:·.;·,; .. · 2. The Transkei Broadcasting Corporation; e"sbblished by Government Noiice No. 200 of 12 December 1980 of the former Republic of Trariskei, shall cease to exist with · ' effect from the transfer ditte. · '· " ' ' '' • · · .. ' .. ' · · ' Abolition of Bureau for Information and Broadcasting of former Republic of 20 Venda

3. The Bureau for Information and Broadcasting of the former Republic of Venda, referred to in section 1 of the Republic of Venda Broadcasting Act, 1979 (Act No. 14 of 1979), shall cease to exist with effect from the transfer date. Abolition of Ciskeian Broadcasting Corporation . :4; Th~ Ciskeian" Broadc~ting C~~~arlo~,' established by seetion 2 of_ the Broadcasting Act, 1985 (Act No.8 of 1985), of the former Republic of Ciskei shall cease to exist and the Board of the Ciskeian Broadcasting Corporation is hereby dissolved, with effect from the transfer date. · · · · · · Transfer date . 1 . ' ' ! , . . , 5, The Minister shall,. in respect of each broadcaster, determine a transfer date in consultation with the SABC and Sentech and shall announce the date by the notice in the Gazette. ~ I ~ ' , - • ' : ? • _; ' : . ' , , ' . • •' : . • ' ' • ' 25 30 ~er of 'broadcasting ~d · broad~ting signal distribution enterprises of .. broadcasters . . · 35 - 6. ( 1) On the transfer date- ; . , (a) (b) the broadcasting enterprise of the broadcaster shall be transferred to the SABC; _ the broadcasting signal distribution enterprise of the broadcaster shall be transferred to Sentech: . 40 ·.' (2) (a) The values of the broadcasting enterprise and the broadcasting signal distribution enterprise to be transferred in terms of subsection (1) shall be as determined by the SABC and Sentech, in consultation with the Minister and with the concurrence of the Minister of Finance. . · (b) For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), or any other 45 law iri terms of which a tax or levy may be imposed,· it shall be deemed that valuable consideration was actually paid by the SABC or Sentech in acquiring the enterprises · · transferred to it in terms of subsection (1) and that, notwithstanding any other law, such consideration equals the corresponding values determined in terms of paragraph (a). · · (3) (a) State land of which a broadcaster had the exclusive use immediately before the 50 transfer date shall, as the SABC or Sentech elect with the concurrence of the Minister, on the transfer date' pass to thii SABC or Sentech,' as the ca5e may be, and shall be 6 No. 17601 Act No. 91, 1996 GOVERNMENT GAZETIE, 22 NOVEMBER 1996 'FORMER STATES BROADCASTING REORGANISATION ACf, 1996 deemed to have been sold on that date in terms of the State l..and Disposal Act, 1961 (Act No. 48 of 1961), to the SABC or Sentech at an agreed value.· (b) Notwithstanding section 5 of the State Land Disposal Act, 1961, and section 18 of the Deeds Registries Act, 1937 (Act No. 4 7 of 1937), a registrar as defined in section 102 of the Deeds Registries Act, 1937, shall, on submission to him or her of a certificate by • 5 the Minister of Public Works that State land has passed in terms of paragraph (a); make such entries and endorsements as he or she may deem necessary free of charge in or on any relevant register, title deed or other document in his or her office or laid before him or her, in order to register the transfer in the_ name of the SABC or Sentech, as the case may be.- ... , .. 10 _ _ _ (c) If a particular portion of State land was used by a broadcaster for the conduct of broadcasting services as well as broadcasting signal distribution immediately before the transfer date, and the SABC and Sentechagree to divide that piece ofland between them after that date without the payment of compensation by one party to the other or without giving anything in exchange therefor, the subdivision of the land in question shall be 15 exempt from the payment of transfer duty, stamp duty, taxes, levies or other fees if, upon - the registration of the subdivision,. a certificate signed by the Chief Executive of the' SABC and the Managing Director of Sentech is submitted in which it is certified that an agreement as contemplated in this paragraph has been concluded. . _ _ . . (4) (a) Any servitllde, other real right or lease ·eXisting immediately before the transfer 20 date in favour of the State or a broadcaster and which was exercised in favour of such broadcaster shall on the transfer date pass to the SABC or Sentech, as the case may be. (b) Theregistrar referred to in subseetion (3)(b) shall, on sulimission to him or her of -.. ,• a certificate by the Minister of Public Works that a servitude, other real right or lease has . · passed in terms of paragraph (a) or that a servitude exists over land which has passed in 25 terms of subsection (3)( a), free of charge make such entries and endorsements as he or she may deem necessary in or on any relevant register, title deed or other document in his or her office or laid before him or her, in order to-- (i) register the passing of the servitude, other real right or lease to the SABC or Sentech in terms of paragraph (a); or · · ·-· ·· 30 . , .. (ii) confirm the existence of the servitude in favour of any other person, over the . . .. . . · · . State land in question. (5) (a) Subject to paragraph (b), the SABC and Sentech shall have the right to use immovable property passing to it in terms of this Act for the purposes for which a broadcaster used that property immediately before the transfer date or for which it was 35 intended to be used before that date. _ (b) If land referred to in paragraph (a) of a broadcaster has not been zoned, or has in terms of an applicable township or development scheme, guide plan or statutory provision been zoned or intended for purposes other than those for which it is to be used on or after the transfer date, the SABC or Sentech, as the case may be, shall as soon as 40 practicable conclude an agreement with the local authority responsible for the zoning or re-zoning ofland in the area in question in relation to the zoning or re-zoning of that land for a purpose which is in accordance with the intended use thereof on or after the transfer date: Provided that if such agreement- · . • - • · . _ . . . , · ,", J ; • · (i) • is concluded, it shall be reduced to writing and the local authority in question 45 shall, if necessary, amend its township or development scheme or guide plan accordingly, free of charge; or ... · · _ (ii) cannot be· concluded, the matter shall be referred to the Premier of the province in question, who may grant permission for or approval of the zoning or re-zoning o(the land on such conditions as he or she may deem necessary. 50 (c) The local authority- · . " , . . .. . (i).. with which an agreement has been concluded in terms of paragraph (b); or -(ii) .. within whose area of jurisdiction the land in_ question is situated, in the case . . where the Premier of the province in question has granted permission for or ., ' approval of the zoning or re~zoning thereof, - • ' shall record, free of charge in respect of the land in question, the appropriate zoning, after.which such zoningshall for allpilrposes be deemed to be the zoning of such land, ' .--. . . . . . ' . : .• ', -' ;! - •• • . . - --' • . •• ; ' i • - ' ' . • ·. • . . ' 55 . :, ' ' - -·!·,-, ··. ·,. l ·- . :, r' ,·•! . .. . , I ~ '''· 8 No:17601 Act No. 91, 1996 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 • FORMER STATES BROADCASTING REORGANISATION . ·. ACT,1996 · 5 , ,, _ . . , .:'i _-. _ .. ,_ : (6) In any pending litigation, including arbitration, to which a broadcaster is a party immediately before the transfer date, the SABC or Sentech, as the case may be, shall be substituted as a party. in the place of the broadcaster. . _ . . (7) The SABC or Sentech, as the case may be; may apply for_ the registration of any . registrable right relating to intellectual property or inventions, including the registration as patents of patentable inventions, ,transf~rred from a broadcaster to it in terms of this - section .. _,_,,.' 0 (8) The ~egistrar of TradeMarks shall make such entries, notes and endors_e111ents as he. or she may, deem. necessary. in or on any relevant register, certificate or other document iii his or her office or submitted to him or Iier so as to effect the transfer of I 0 trade niarksto the SABC oi Sentech, as the case may be, in terms of this section, and may request the SABC or Sen tech to submit or produce to him or her such information or document as he or she may deem necessary for such purpose." . (9) If, for the purposes of this Act, the question anses whether anything pertains to or is connected with the broadcasting enterprise or the broadcasting signal distribution 15 enterprise, it shall be determined by the Minister. . · . (10) No stiunp duty, transfer duty oi: any other tax or levy shall be payable iD respeci of the transfer, of a. broadcasting enterprise or a broadcasting ' signal distribution . . ' _-.' enterprise in terms of this section. .. . . ' Transfer of staff· · · , · . '. ' : · · · " · · , ___ ·_ · · · · . . · · · ' ' ~ · · . . · '. ' .-. .. ' ·' ' - \ - . l . ~. t. . ' . ' ·. ' . · . . . · · . · · · . . · • • · .-,_. ··' · .· • . . 7. (l) (a) Any person.mi the fixed.esiabiislmient of a broadcaSter shitll, without · mterruptimi in service, oii. the transfer date become an employee of the SABC or Sentech, as the 'case may be. · · · .. (b) The. conditions of employment prevailing in either the SABC or' Sentech in relation _to''the post iii' question shall be applicable to' any sucli employee as from the 25 · · traiisfer date.'· · · • ; ' --. . • > (2) If, for the purposes of subsection (1 ), the question arises whether any person performS functions pei:tainirig to the broadcasting service;· it shall be· determined by the · · ,., ·· Minister:"·.·-· . (3) For 'the'pwpose~ ~f the Inco~e Tai Act;' 196i(Act No~ 58 ofJ962), it shan be 30 deemed _that no change of employer took place in respect of an employee referred to in subsection (1). ' (4) When any person tiecomes an employee'ofeither the SABC or Sentech in terms ofsubseetion(1)-''· ·· . ·:: , • , _ . the, ~roadcaster up to the date immediately before the trimsferdate, adjusted in .. · ;-- · .' ·accordance with the conditions of employment of the SABC or Sentech; ~. . (b) ai:iy pending enquiry or any other action instituted or mtended to be_instituted ' , in. respect of alleged misconduct committed by such a person before· the (a) he or she shall retain all vacation leave which accrued to his or her credit with 35 _·· . . · ······ · ..•. , · :· ·• · ' ' .• - .... _, ' " . -, •· · · ' . ' ' '. . . . . ·' 0 •. · · · · -- . . . ' . ' ~ : : ".;,' · ··. transfer date, s!Jall lie'disposed of orinstituted by the SABC or Sentech, as the 40 '. case may be, and the SABC or Sentech'shall take the appropnate steps against o., th~ 'person concerned in accordance ~th the laws, policy and conditions of '·'· . : setvice·_applicable to him or her immediately_before the.transfer date;··_ .·. ·' (c) . he or she shall ceaSe to.beamembtir ofany pension fund ofwhich he orshe J • • .. • · - ; • • ·' ' was a member on the date immediately before the transfer date, and shall have 45 ·. rio claini against the fund concerned after payment by that fundof the amount referred 'to in paragraph (f); · ... · · (d) and if he or she was a member of a pension fund immediately before the ,, ; . transfer date; he or she shall become a member of the appropriate pension · · ' · · · , · .' • · · fund applicable to the SABC or Sentech, as the case may be, as from the 50 transfer date· ' . :. . ' (e) . and if he . or she has interrupted membership, it shall be deemed that · ' )?ensionable service luis begun accruing to him or her as from the date of . "' . ' . . · · ' . '~ .. ' ; - · (f) resUIIled 'contribution to a pension fund; · (i) the pension fund referred to in paragraph (c) shall pay to the fund 55 , contemplated in paragraph (d) an amount equal to the aclliarial liability .. of the forriler fund in respect of the member as determined by the actuary : of that fund, multiplied by the funding level; · • · . . · · · (ii) the actuiuial basi~ on which the li~bilityofthe pension fund referred to in ' · ' · · · ·· · ' · · -.: L .· ; ~- -:: 1 :: ,.' .•11 • f . ·~ .. ' .. 10 No.l7601 Act No. 91; 1996 GOVERNMENT GAZETTE, 22 NOVEMBER 1996 FORMER STATES BROADCASTING REORGANISATION ACT,l996 ,· · · paragraph (c) is calculated, shall be agreed upon by the fund's actuary and the actuary of the fund referred to in paragraph (d), as the case may ~ the funding level of the pension fund referred to in paragraph (c) shall be . (iii) · the market value of the assets of the fund expressed as a percentage of the . 5 total actuarial liability of the fund as determined by the most recent actuarial valuation of the fund and agreed to by the funds referred to in . paragrapb(d); ·. , ·o.· . . · · .. (g) . and if he or she becomes a member of the SABC or Sentech pension fund in . terms of paragraph (d) the amount transferred to the SABC or Sentech pension . tp · · fund iri terms ofparagiaph (f)(i) shall be utilised to purchase pensionable service for him or her as determined by the actuary of the SABC or Sentech ·· pensionftind; · · (h) the amounts referred to in paragraph (f) shall be payable as at the transfer date, . .• · ' •. . · . . · .. . . · and interest thereon calculated at the bank rate as determined from time to 15 time in terms of section 10(2) of the South African Reserve Bank Act, .1989 (Act No. 90 of 1989), shall be added to those amounts for ihe period from the transfer date to the date of actual payment thereof. · Finance · 8. (1) (a) Any operating loss incurred by the SABC or Sentech due to the transfer of 20 the broadcasting enterprise or broadcasting signal enterprise of a broadcaster contem plated in this Act shall be reimbursed by the State over a period of 48 months as from the transfer date. · · · · . · (b) The loss conte~piated in paragraph (a) shall b~ deiermirled by the SABC and Sentech in consultation with the Minister and the Minister of Finance.·. ' · 25 . (2) The. books of account of a broadcaster shall on the transfer date be balanced, audited and balances left open for adjustrm!nts that may occur.· · (3) All costs relating to the transfer of the broadcasting enterprise or. broadcasting signal distribution enterprise of a broadcaster in terms of this Act shall be borne by the State as agreed to by the Minister with the concurrence of the Minister of Finance. ' 30 Repeal and' amendment of laws 9.(1) Government Notice No: 200 (Transkei), of12 December'1980, is hereby withdrawn with effect from the transfer date and the laws referred to in Part I of the Schedule are hereby repealed with effect from the transfer date. · · (2) The' Act referred to in Pint II' of the Schedule is hereby amended to the extent 35 indicated in colunin 3 of that Part. .· · · · · · · · . ' '. Act binding on State ! . i.- · to: This Act shill bind the Stite . ... _ ,•, .· - ., Transitional provision ·

11. All radio and ielevisionlice~ce~ i;su~d under the laws referred to in section 9 shall 40 be valid for the remainder of the licence period irrespective of where they were issued. • - j ' ., I • . ' · Short title and commencement i if· 12. ( 1) This Act shall be called the Former States Broadcasti~g Reorganisation Act, 1996, and shall come into operation on'a date fixed by the President by proclamation in the Gazette. .. . · · ' . ,. . . ' (2) Different dates may be so fixed in respect of different provisions of this Act, and 45 dates so fixed may differ in respect of different broadcasters. . . ; . :. . . . -... . .. .. _; .: .. ',J;· L : ,. '.:•. 12 No. 17601 Act No. 91, 1996 GOVERNMENT GAZEITE, 22 NOVEMBER 1996 FORMER STATES BROADCASTING REORGANISATION ~ACT, 1996. , ,, c SCHEDULE (Section 9) .Part I . : l ·<·I .. . .. . ~ ; ' " ' No. and year or law Act Np. 22 of 1936 ~ Act No~ 14 of 1979 ~ct No.'S of I985 :; '.. . Pi&:i~iion No.23'6h<i91 • " . . ' . ~ ,, ·,_":• " ,;I ·,-.- -;.; ,, . ' -~ : ; ' ' " : ~ ' ~. ' Short title ~ . . Broadcasting Act; 1936 (Transkei) ·' Republic of Venda Broadcasting Act; 1979 . ·' Broad~asting A~~ J98S (Clskei) Bro~~~ti~g Ame_n.dine~t ~lamati_o~; 1991 (Ve~da) 1:- ' ~ ' ' ':•. .. '. '!, . Part II. .,,, ' :c_· Broadcasting Act, 1976 ' ' ' No. and year or law . ':. :· Short title · ' o'! ' I .... ·'•· Extent of amendment The following section is hereby inserted in the Broadcasting Act. 1976. after section 17: • "Application or Act ' ~

18. This Act shall •E~l~ throughout the ReEublic."'. '· I .~ . " .. ·: . Act No. 73 of 1976 '. . ,. . ~ ' ~ ' .. . ~ . -.; ., ' ' . ~ .. ,, ' ' •' ' J:, ~~- ~ ' ' . : ., .. .·• . -.- / .. ~.' ; ,. r. ~ :. .. ,: . : ., __ i . -,_ . ' -' ~ ' ~ . :t ' •' c ' ,., '' .!' . ',. ·. . ·.···_;· . . ;_ ~ \ . t.' ' . . :' (,!• ','_)_ .· [! ( ; l . -~ .-! •''" .:.; " ,·. ;r; . . . ' ·,.