No. 54 of 2008: National Youth Development Agency Act, 2008.
To provide for the establishment of the Nadonal Youth Development Agency aimed at creadng and promodng coordinadon in youth development matters; to provide for the objects and functions of the Agency; to provide for the manner in which it is to be managed and governed; to provide for the reguladon ofits stalfmatters and financial d'airs; to provide for the administradon of the fund referred to in the DemutuaUsadon Levy Act, 1998 by the Agency under a new name; to repeal the National Youth Commission Act, 1996; and to provide for matters connected therewith.
THEREFORE the spirit and form of the National Youth Development Agency must give resonance to youth development in South Africa.
Ad No. S4, lOO8 NATIONAL YOUTH DEVELOPMENT AGENCY ACT.
In this Act, unless the context otherwise indicates"Agency" means the National Youth Development Agency establisbed by section 2; "Board" means the Board of the Agency referred to in section 8; "organ of state" has the meaning assigned in 239 of the Constitution of the Republic of South Africa,1996; "Integrated Youth Development Strategy" means the Integrated Youth Development Strategy for South Africa referred to in section 3(a); "financial year" means the period from 1 April in any year to 31 March in the next year; "members" means members of the Board appointed in terms of section 9; "prescribed" means prescribed by regulation in terms of section 19; "Public Finance Management Ad" means the Public Finance Management Act, 1999 (Act No.1 of 1999); "regulation" means any regulation made in terms of section 19; "this Ad" includes any regulation promulgated in terms of this Act; "Umsobomvu Fund" means the Umsobomvu Fund as referred to in the Demutualisation Levy Act, 1998 (Act No. 50 of 1998); "Umsobomvu Youth Fund" means the section 21 company established in 2001 and funded from proceeds of the Demutualisation Levy Act, 1998; and "youth" means persons between the ages of 14 and 35.
A juristic person to be known as the National Youth Development Agency is hereby established.
Ad No. 54, 2008 NATIONAL YOUTH DEVELOPMENT AGBNCY ACT. 2008 guide efforts and facilitate economic participation and empowerment.
promote a uniform approach by all organs of state, the private sector and non-governmental organisations. to matters relating to or involving youth development; and endeavour to promote the interest generally of the youth, particularly young people with disabilities.
Nothing contained in this Act precludes the Agency from directly implementing any programme or intervention aimed at advancing its objects in terms of this Act.
recognition of the manner in which youth has been affected by the imbalances of the past and the need to redress these imbalances through more equitable policies.
promotion of equal opportunity and equal treatment of youth and the promotion of a gender-inclusive approach to the development ofyouth.
recognition in youth development initiatives of the peculiar needs of rural youth; and transparency, accountability and accessibility.
The Agency must.
establisb offices of the Agency at provincial and local levels and appoint the necessary personnel to those offices.
consider sucb recommendations. suggestions and requests concerning youth affairs as it may receive from any source; or conduct or cause to be conducted sucb researcb as it may deem necessary.
The Agency must manage and administer Umsobomvu Fund.
The Agency must, for purposes of subsection (3) and within its available resources.
provide financial assistance to small. micro and medium enterprises.
provide opportunities for training. that will promote service to communities and the nation at large; and provide sucb other services as may be necessary to acbieve the aim contemplated in subsection (3).
The Agency must, every three (3) years, submit to the President a report on the status of youth.
any other matter relating to youth development.
The President must table the report referred to in subsection (1) in Parliament within a reasonable time.
Organs of state must take national priorities in respect of youth development into account in planning their activities; and submit, in the prescribed manner, annual reports to the Agency regarding their implementation of youth development priorities.
The Agency must publisb a report after it has been tabled in Parliament.
The Agency must lobby companies and close corporations which employ more than twenty (20) employees, and civil society organisations to implement youth development priorities established by it.
The affairs of the Agency must be managed by the Board, which must5 determine the operational policy of the Agency; and exercise control generally over the exercise of its powers and the execution of its functions.
The Board consists of 10 seven members, two (2) of whom are executive directors; and the ChiefExecutive Officer, who is an ex-officio member ofthe Board without voting rights.
Members must be appointed by the President on the recommendation of Parliament.
transparency and openness; and that a short-list of candidates for appointment is published.
Members must reflect the demographics and geographical spread of the Republic.
The President must designate one of the members as the chairperson and another member as a deputy chairperson and both are executive directors referred in subsection (1).
Members who are not executive directors serve on a part-time basis.
Members hold office for a period of three (3) years.
The deputy chairperson must, when the chairperson is absent or unable to perform his or her duties, act in his or her stead and when so acting, perform any function of the chairperson.
The President must publish the appointment of a member in the Government Gazette.
A member appointed to fill a vacancy holds office for the unexpired portion of the term of the member he or she replaces.
The conditions of service of members are determined by the President in consultation with the Minister of Finance.
Members who are employed by an organ of state are not entitled to remuneration, 35 or any allowance, but must be reimbursed for out-of-pocket expenses by the Board.
A person may not be appointed or continue to serve as a member ifhe or she has been convicted and imprisoned without the option of a fine, or fined more 40 than the prescribed amount, for theft, fraud, forgery, perjury, an offence in connection with the promotion.
has, as a result of improper conduct, been removed from an office of trust; or 45 has been declared by a court to be mentally ill or unfit.
Act No. 54.
becomes disqualified as contemplated in subsection (1).
A member may resign by giving thirty (30) days notice in writing to the Chairperson of the Board.
The President may suspend a member from office any time after the start of the proceedings of Parliament for the removal of a member.
The Board must meet at least four times a year at such times and places as the Chairperson may determine.
The Chairperson may, on two (2) days notice, call a special meeting of the Board, which must be held at such time and place as he or she may direct.
A decision of the Board must be taken by resolution of the majority of the members present, and in the event of an equality of votes, the person presiding at the meeting in question has a casting vote in addition to his or her deliberative vote.
A quorum is constituted by four (4) members, which must include the Chairperson or the Deputy Chairperson.
A member must act impartially. in good faith and without fear. favour or prejudice and is subject only to the Constitution and law.
Ifa member has, in relation to a matter to be considered at a meeting of the Board, any interest which precludes that member from acting in a fair, unbiased and proper manner, the member may not participate in that meeting of the Board; or be present at the venue where the meeting is held.
If, during the course of any proceedings of the Board, there is reason to believe that a member has any interest contemplated in subsection (6), that member must immediately disclose the nature of his or her interest and leave the meeting in question so as to enable the remaining members to discuss the matter and determine whether that member may be allowed to participate in the proceedings.
The disclosure and the decision taken by the remaining members, must be recorded in the minutes of the proceedings in question.
Development Committee to assist in the performance of its functions.
The Board must determine the composition. rules and procedures of committees established in terms of this section.
The Board may invite persons who are not members of the Board to serve on any of its committees, but such persons may not be appointed as chairpersons of such committees.
The Board may dissolve or reconstitute a committee as is necessary.
The Board must appoint a suitably qualified person as the Chief Executive Officer.
The Chief Executive Omcer is an employee of the Agency and is accountable to the Board.
report to the Board on the proper functioning of the Agency; and complete a report on the activities of the Agency for each financial year in accordance with the Public Finance Management Act and submit the report to the Board for approval.
The Chief Executive Officer holds office for an agreed term not exceeding five years and may be reappointed upon the expiry of that term of office.
H the Chief Executive Officer is unable to fulfil his or her functions, the Board must appoint an acting Chief Executive Officer to perform the functions of the Chief Executive Officer until the Chief Executive Officer resumes his or her duties or a new Chief Executive Officer is appointed.
The Board must conclude a written performance agreement with the Chief Executive Officer within a reasonable time after the appointment of the Chief Executive Officer; and thereafter, annually within one month of the commencement of each financial year.
standards and procedures for evaluating performance and intervals for evaluation; and the consequences of substandard performance.
The employment contract of the Chief Executive Officer must incorporate in an appropriate form, section 57 of the Public Finance Management Act.
effectively communicating a vision, management philosophy.
submitting annual reports, financial statements and financial position of the Agency to the Board; and developing an annual strategic plan and budget in accordance with the Public Fmance Management Act.
The Chief Executive Officer must in consultation with the Board, appoint executive managers of the Agency, which may include a Chief Operations Officer and a Chief Financial Officer; and appoint staff to assist the Agency in carrying out its functions.
The Board must in consultation with the Minister of Finance approve the remuneration, allowances, benefits and other terms and conditions of appointment of members of staff.
The Board may delegate any of its powers or assign any of its duties to the Chief Executive Officer or any employee of the Agency.
The Chief Executive Officer may delegate any power or assign any duty conferred or imposed upon the Chief Executive Officer by or under this Act to any other employee of the Agency with appropriate knowledge and experience; or any other person, after consulting the Board.
does not prevent the exercise of that power or the performance ofthat duty by the Board or the Chief Executive Officer; and may be withdrawn or amended by the Board or the Chief Executive Officer.
A delegation by the Board ofany ofthe powers entrusted or delegated to it in terms of the Public Finance Management Act must be in accordance with section 56 of that Act.
money lawfully received from any other source; and donations and contributions lawfully received by the Agency from any other source.
The Agency may invest any of its funds not immediately required subject to any investment policy that may be prescribed in terms of section 7(4) of the Public Finance Management Act; and in such manner as may be approved by the Minister of Finance.
any action in order to promote compliance with this Act; and any ancillary or incidental administrative or procedural matter that it is necessary to prescrihe for the proper implementation or administration of this Act.
Despite the provisions of any other law, the Agency may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.
Transitional provisions 5 21. (1) In order to effect the transitional arrangements envisaged in this section, representations must made to the Minister ofFinance for the dissolution ofUmsobomvu Youth Fund as a section 21 company in terms of the Companies Act, 1973 (Act No. 61 of 1973) and the classification of the Agency as a public entity.
As soon as possible after this Act takes effect the President must, in consultation 10 with the Minister of Finance, transfer the assets, rights, obligations and liabilities of Umsobomvu Youth Fund and the National Youth Commission to the Agency; and subjectto section 197 ofthe Labour Relations Act, 1995 (Act No. 66 of 1995), transfer staff ofUmsobomvu Youth Fund and the National Youth Commission 15 to the Agency.
A person transferred to the Agency remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the transfer date.
Any proceedings pending against such person immediately before the transfer date must be disposed of as if that person had not been transferred.
For purposes of Income Tax, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when employment is taken up at the Agency by a person contemplated in subsection (1).
The Registrar of Deeds must make the necessary entries and endorsement for the transfer of any property in terms of subsection (1) and no office fee or any other charge 25 is payable in respect of that entry or endorsement.
This Act does not affect the validity of any transaction, project, business deal and programmes which were already undertaken or pending by Umsobomvu Youth Fund and National Youth Commission before the fixed dated.
The operations ofUmsobomvu Youth Fund and the National Youth Commission 30 must be dealt with as if this Act had at all times been in force.
In order to implement this Act, the President must on the recommendation of Parliament appoint a task team of consultants to perform joint audits in respect of personnel, budgets, finances, information management and equipment of Umsobomvu Youth Fund and National Youth Commission.
The President must report to Parliament on the progress of the task team.
Subject to section 21, the National Youth Commission Act, 1996 (Act No. 19 of 1996), and the National Youth Commission Amendment Act, 2000 (Act No. 19 of2000), are hereby repealed.
This Act is called the National Youth Development Agency Act, 2008, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.