Africa Institute of South Africa Act

1. In this Act, unless inconsistent with the context- “CEO” means the chief executive officer appointed in terms of section 12( 1); “Council” means the Council of the Institute established by section 4; “Department” means the Department of Arts, Culture, Science and Technology; 5 regulations. the 4 No. 23152 GOVERNMENT GAZETTE, 21 FEBRUARY 2002 Act No. 68,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 2001 ~~ ~ ~~ in terms of “executive committee” means the executive committee established section 9; “financial year” means the period from following year; “Institute” means the statutory body Africa Institute of South Africa established by 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” 1 April in any year to 31 March in the includes 5 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 training and education on African affairs; all disciplines and through (b) collect, process and disseminate information on African affairs, give effective consists Council advice and facilitate appropriate action of all opportunities Africans; South (c) to promote awareness and consciousness of Africa at grassroots level. in relation to the collective needs, challenges and and 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 affairs of the Institute. (2) The of- ( a ) at least seven members, but not more than ten, appointed by the Minister in the 20 25 prescribed manner; ( b ) a representative of the Department; (c) a maximum of two members co-opted by the Council in consultation with the Minister; and 30 ( 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, language and community composition of the Republic. principles the accordance with (4) The members of the Council contemplated in subsection (2) must be appointed in of transparency and (5) At least one of the members appointed to the Council must have experience in representativity. financial matters. (6) A member of the Council- ‘ ( a ) is appointed for a period of three years, unless a shorter period is prescribed; and (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 the member was appointed in terms of subsection (2). 35 40 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. 6 No. 23152 GAZETTE, GOVERNMENT 2002 21 FEBRUARY Act No. 68, 2001 AFRICA 1NSTlTUTE OF SOUTH AFRICA ACT, 2001 (9) The LMinister shall after consultation with members of the Council appoint a chairperson from among the members of the Council. (10) The Minister may in the prescribed manner dissolve the Council. Qualifications of members of Council and circumstances under which they vacate office 5 5. (1) The members of the Council must be persons who have special knowledge of or experience in African affairs or who have specialist 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 skills which are not directly organisation. (3) NO person may be appointed as a member of the Council- or political 10 (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 15 (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 20 member of the Council; ( b ) is, according to law, detained as a mentally ill person; (c) has, without the leave of the Council, been absent from three consecutive meetings of the Council; (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. 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 life and grant recognition for excellence; ( 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; 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; invest funds upon such security as it may from time to time determine; (i) (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; 25 30 35 40 45 8 NO. 23152 GOVERNMENT GAZETTE. 21 FEBRUARY 2002 Act No. 65,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 200 1 (ii) sell, improve, lease, mortgage, dispose of, alienate or otherwise deal with of the immovable property or collections, listed in the all or any 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 structure, 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; (c) publish information on the objectives of the Institute and the functions of the 10 Council; (d) perform such duties as the Minister may assign to (e) undertake such investigations and research concerning the objectives it; and Institute as the may Minister assign (3) The Council may not to it. itself establish, acquire or operate any organisation or of the 15 projects. such undertake to 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 20 Performance of functions outside Republic 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 territory outside the Republic. in any (2) This Act must, as far as it can be applied and with the necessary changes, apply in 25 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 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. (2) The chairperson may at any time convene a special meeting of the Council, which must be held at such time and place as the chairperson may direct. ( 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. Executive committee 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 functions delegated to it by the Council. ( 3 ) The chairperson of the Council must be the chairperson of the executive committee. 10 No. 23152 GOVERNMENT GAZETTE. 2 1 FEBRUARY 2002 Act No. 68,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 200 1 (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. (3) If a committee has more than one Council member, the Council must designate 10 one such member to be the chairperson thereof. (4) The Council is not divested of any power or relieved of any function it so delegated or assigned to a committee. ( 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). Advisory panels 11. (1) The Council may establish an advisory panel for every field of social science it deems necessary. (2) Every advisory panel must consist of no more than five persons who have 20 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 of the Minister of and for services rendered, Finance, may determine. as the Minister, with the concurrence ( 5 ) The Council may on reasonable grounds terminate the membership of a member an panel. of advisory (6) Members of advisory panels are not eligible for grants from the Council during their tenure. CEO Council. the for 12. (1) The Council must, in consultation with the Minister, appoint a full-time CEO 30 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 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. of remuneration and (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 perform all the duties of the CEO. so acting, have all the powers and 12 NO. 23152. GOVERNMENT GAZETTE, 2 1 FEBRUARY 2002 Act No. 68,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 2001 Accounting officer 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 a power conferred upon the accounting officer by or under this Act; or (bj authorise an employee to perform a duty assigned to the accounting officer by or under this Act. (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

14. The Council- ( a ) may, subject to paragraph appoint such number Council to perform its functions; (b) and on such conditions as it may determine, of employees as it deems necessary to enable the (6) must, out of its own funds, 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 pay to its employees (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 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. benefits of Financing 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. (2) The Council must utilise- ( a ) any money contemplated in subsection (l)(a) in accordance with the 5 10 15 20 25 30 35 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 40 45 ( b ) any donations or contributions contemplated in subsection (l)(c) in accor- dance with the conditions, concerned. (3) The Council must- if any, imposed by the donor or contributor ( a ) in each financial year, at such time as the Minister may direct, submit a 50 statement of the Council’s estimated following financial year, and the Council may also during the course income and expenditure during the of a 14 No. 1-3152 GAZETTE, GOVERNMENT 21 FEBRUARY 2002 Act Xo. 68,2001 AFRICA INSTITUTE OF SOUTH AFRICA ACT, 2001 financial year submit supplementary statements expenditure for that financial year to the Minister for approval, to be granted with the concurrence of the Minister of Finance; and of the Council’s estimated (b) not incur any expenditure in excess of the total amount approved under paragraph (a). (4) The Council may- 5 ( 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 Deposits; of its funds not spent with the Corporation for Public 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 Minister may require. 20 (3) The Minister must table the report referred to in subsection (2)(b) in Parliament within 14 days after receipt thereof in session, within 14 days after the commencement of its next session. if Parliament is in session or, if Parliament is not then 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 regarding the loss or damage which the person is alleged to have caused. to make representations in writing to the accounting officer (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 instalments as may be reasonable. in instalments, the accounting officer may allow payment in such 16 No. 23 152 GOVERNMENT GAZETTE, 2002 21 FEBRUARY ~~ ~ ~ ~~ ~~ Act No. 68,2001 AFRICA INSTITUTE OF SOUTH AFlUCA ACT, 2001 (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, investigation as may be necessary, dismiss the appeal or order exempted, either wholly or partly, from the payment after such that the appellant be of appeal, and the Council may, stating the grounds of such amount. 5 Delegations 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 may determine; or Council ( 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 or Council; employee of the (b) authorise an employee of the Council to perform any duty assigned to him or her by or under this Act. (3) A delegation or authorisation .under subsection (1 j or (2) does not preclude the exercise of the power in question by the Council or the CEO, as the case may be. 10 15 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 Regulations 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 (2) The Minister may make regulations regarding- for staff. ( a ) any matter which (b) any other matter which he may be prescribed in terms of this Act; and or she may deem necessary or expedient 45 to prescribe in order to achieve the objectives of this Act. (3) The Council or the Minister may only, in consultation with Finance, make a regulation relating to state revenue or expenditure. the Minister of