South African Geographical Names Council Act

2 DESEMBER 1998 No. 19538 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT No. 1552. It is hereby notified following Act which information:-

2 December 1998 No. 1552.

2 Desember I998 that the President has assented is hereby published to the for general Hierby word bekend gemaak dat die President keuring geheg het aan die onderstaande Wet wat hierby algemene inligting gepubliseer word:- sy goed- ter No. 118 of 1998: South African Geographical Names Council No. I 18 van 1998: Wet op die Raad vir Suid-Afrikaanse Act, 1998. Geografiese Name, 1998. 2 No. 19538 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 118, 1998 SOUTH AFRICAN GEOGRAPHICAL NAMES COUNClL ACT, I!?98 (English text signed by the President.) to 20 November 1998.) (Assented ACT To establish a permanent advisory body known as the South African Geographical Names Council transformation to determine official purposes; provide for matters connected for arts and culture on the for names its objects, functions and methods of work; and to therewith. to advise and standardisation in South Africa of geographical the Minister responsible B E IT ENACTED follows:- by the Parliament of the Republic of South Africa, as ARRANGEMENT OF SECTIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. of Council functions of Council and objects of Council Definitions Establishment Composition Term of office Meetings of Council Executive Subcommittees Allowances of members of Council and subcommittees Powers and duties of Council Approval and revision of geographical Annual Regulations Short title and commencement of Council and other assistance names report Definitions

1. In this Act. unless the context indicates otherwise- the South African Geographical Names Council, estab- of the national department together with the area of jurisdiction feature within the of the for arts and culture; in section 10B of the Local (i) (ii) (iii) (iv) (v) (vi) (vii) means means the Director-General limits of the Republic, the name of any terrestrial for arts and culture; name” means “Cot&” lished by section 2( 1); “Director-General” responsible “geographical territorial Republic acquired by treaty, whether- (a) natural or made or adapted by human agency; or (6) populated or unpopulated; “Minister” means the Minister “Municipality” means a municipality Government Transition Act, 1993 (Act No. 209 of 1993); “regulations” means regulations made under section 12; “standardisation” means- (a) determination responsible as defined of- the name to be applied the written form of that name; and (i) (ii) the regulation by an appropriate written form and its application; (6) (viii) “this Act” includes the regulations. to each geographical feature; and authority of a geographical name, its 10 15 20 25 30 35 4 No. 19538 GOVERNMENT GAZETTE, 2 DECEMBER 1998 Act No. 118,1998 SOUTH AFRICAN GEOGRAPHICAL NAMES COUNCIL ACT. 1998 Establishment and objects of Council 2. (I) There is hereby established a body to be known as the South African Geographical Names Council. ” (2) The obiects of the Council are- to facilitate the establishment to ensure the standardisation to facilitate to promote international to ensure Africa; and to promote standardisation the implementation awareness the transformation the use of standardised level; of of geographical names. the economic of Provincial Geographical Names Committees: of geographical names; 5 process for geographical names; South African geographical names at of standardised geographical names in South IO and social benefits of the Composition of Council 3. (1) The Council consists of no fewer than 15 and no more than 25 members 15 appointed by the Minister, of whom- (a) nine must be nominated by the provinces; (b) one must be nominated by each of the following: (i) The South African Post Office; (ii) (iii) or any other organisation, the Chief Directorate: Surveys and Mapping; the Pan South African Language Board, body or institution (2) Members of the Council other than those referred by the Minister in the prescribed manner, to in subsection and the regulations the Minister considers relevant. (l)(a) and (b) the manner of appointment must apply the principles of transparency and 2.5 20 must be appointed prescribing representivity (u) (0) special competence, the linguistic, the Republic. and must take into account- experience and interest in the relevant fields; and cultural and demographic characteristics of the population of Term of office 30 4. (1) A member of the Council (2) A member of the Council may be reappointed (3) If a member dies or resigns, is appointed for a further period of three years. the Minister must appoint another person to fill that for a period of three years. vacancy for the remaining portion of the term of office of that member. (4) The Minister must, in consultation with the Council, appoint one of the members 35 as chairperson of the Council to serve for a renewable (5) If the chairperson dies or resigns, term of three years. the Minister must appoint another person as chairperson for the remaining portion of the term of the first-mentioned chairperson. (6) A vice-chairperson is elected by the Council (7) The Minister may terminate a person’s membership of the Council- from among its members. 40 (a) if that member has been absent Council without sufficient reasons; or of the Council (b) on the recommendation from three consecutive meetings of the for reasons which are fair and just. Meetings of Council 5. (1) The Council may meet as often as necessary, but at least three times a year. (2) The chairperson may convene a special meeting or postpone or cancel a meeting 45 in accordance with the necessity for a meeting. (3) The majority of the members of the Council (4) If consensus cannot be reached, decisions of the Council are taken by resolution and in the event of an equality of the majority of members present at the meeting, form a quorum. 50 6 No. 19538 GOVERNMENT GAZETTE,

2 DECEMBER 1998 Act No. 118.1998 SOUTH AFRICAN GEOGRAPHICAL NAMES COUNCIL ACT, 1998 of votes the person presiding at the meeting has a casting vote in addition deliberative vote. to his or her Executive functions of Council 6. (1) The executive by established (Proclamation No. 103 of 1994). the Director-General functions of the Council must be performed by a section the Public Service Act, 1994 terms of in 5 (2) The functions of the section are to- (a) perform administrative establish and maintain (b) incorporating document archives. and secretarial a research services; and section and the necessary infrastructure, a computerised database, a library, reference material and 10 Subcommittees of Council and other assistance 7. (1) The Council may establish subcommittees not limited to its own members to perform work for the Council. (2) The Council may delegate its powers and assign its duties to a subcommittee or to 15 any other body. (3) The Council delegated or assigned. is not absolved from exercising or performing any power or duty SO (4) Any delegated power or duty so exercised or performed is regarded to have been exercised or performed by the Council. Allowances of members of Council and subcommittees

8. The Minister may, with the concurrence of the Minister of Finance, determine the it may establish allowances payable who are not in the full-time employ of the State. to members of the Council and any subcommittee Powers and duties of Council 9. (I) The Council must- (0) fb) ICI fdl (e) KJ fh) (i) to the names in their and other bodies or submitted authorities geographical for approval; and guidelines by State departments, for local and provincial for the operation of Provincial Geographical Names Commit- set guidelines tees; set standards respective areas of jurisdiction; receive proposed statutory bodies, provincial governments, municipalities individuals; recommend geographical names falling within the national competence Minister advise the Minister on- the standardisation (i) existing geographical names not yet standardised; (ii) (iii) the changing, (iv) geographical in consultation with provincial governments, names in need of revision, and co-ordinate cal names and standardisation; names communicate approved to the various State depart- IO(I) effectively ments, the public, and all other users of geographical names at national and international lists, maps and other published and electronic media; liaise with- (i) national removing or replacing of geographical names: and names and their orthography; identify existing geographical requests for advice on geographi- decisions in terms of section of proposed new geographical names; concerned with geographical level by means of gazetteers, on geographical and relevant organisations international information and names; and cultural, historical and linguistic organisations; (ii) in consultation with the Minister Committees, formulate policies, principles and procedures, and the Provincial Geographical Names taking cognisance 20 25 30 35 40 4.5 50 8 No. 19538 GOVERNMENT GAZE-I-I-E, 2 DECEMBER 1998 Act No. t18,tWS SOUTH AFRICAN GEOGRAPHICAL NAMES COUNCIL ACT, 1998 of the United Nations resolutions the standardisation perform any other duty imposed on it by this Act or any other law. and international of geographical names; practice with reference to (j) (2) The Council may- (a) (b) exercise any power conferred on it by this Act or any other law; and generally, do everything which is necessary subsection to perform its duties referred to in ( 1). Approval and revision of geographical names 10. (1) The Minister may approve or reject a geographical name recommended by the Council in terms of section 9(l)(d). (2) A geographical name approved or rejected by the Minister in terms of subsection (I) must be published in the Gazerre. (3) Any person or body dissatisfied with a geographical Minister may, within one month from the date of publication to the Minister. in the Guzerre, lodge a complaint to the Council in writing (4) The Minister may refer the complaint name approved by the of the geographical name for advice whether or not to reject or amend a geographical (5) The Minister must inform name so approved. the complainant the reasons for the decision. of the decision on the complaint and Annual report 11. (1) The Council must annually submit a report on its activities, including an assessment of the extent to which its objects have been achieved, to the Minister. (2) The Minister must cause the report to be tabled in Parliament within 14 days after is not then in of its next ordinary session. receipt ordinary session, within 14 days after the commencement is then in ordinary session or, if Parliament thereof if Parliament 5 10 15 20 25 Regulations 12. (1) The Minister must make regulations as to the criteria deciding whether or not a geographical provincial or local competence. name should be regarded to be followed when as a national, (2) The Minister must make regulations (3) The Minister may, after consultation regarding any matter referred to in section 3. 30 with the Council, make regulations regarding- (u) any other matter which is required or permitted Act; and to be prescribed under this (6) generally, any matter which is necessary or expedient to be prescribed in order 35 to achieve the objects of this Act. (4) The regulations may provide that any person contravening to comply failing not exceeding therewith that prescribed in the regulations. is guilty of an offence and liable on conviction any regulation or to a penalty Short title and commencement 40

13. This Act is called the South African Geographical Names Council Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.