To establish a Transitional Executive Council with a view to promoting the preparation for and transition to a democratic order in South Africa; and to provide for matters connected therewith.
"National Peace Secretariat" means the National Peace Secretariat established by section 2 of the Internal Peace Institutions Act, 1992 (Act No.
"self-governing territory" means a self-governing territory as defined in section 38(1) of the Self-Governing Territories Constitution Act, 1971 (Act No.
"traditional leader" means any person who in terms of indigenous law or any other law is in charge of or exercises control over a traditional authority.
shall, subject to section 3, for the purpose of attaining the objects referred to in that section, have the executive and other powers conferred upon it by or under this Act; and may exercise such other powers and shall perform such duties as may be conferred or imposed upon it by or under any other law.
exercising such powers and performing such duties as may be conferred or imposed upon it by any other law.
undertakes to be bound by and to implement directions issued by the Council in terms of this Act; and renounces violence as a means of achieving political objectives, shall be a participant in the Council and shall be entitled to be represented by one member on the Council.
the provisions of this Act, as well as the provisions of the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, and the Independent Broadcasting Authority Act, 1993, have been incorporated into the law of the State concerned; or formal provision has been made by law in such a State for the application of any Act referred to in paragraph (a) in that State.
A participant in the Council that wishes to be represented on the Council shall within seven days after the commencement of this section by notice in writing to the State President nominate a member and an alternate member to the Council.
The State President shall within seven days after the receipt of such a notice, by proclamation in the Gazette appoint the persons so nominated as a member and alternate member, respectively, of the Council.
undertakes to be bound by and to implement directions issued by the Council in terms of this Act; and renounces violence as a means of achieving political objectives, should be such a participant, the Council shall notify the State President thereof in writing, and the State President shall by proclamation in the Gazette declare that Government, political party or organization to be a participant in the Council.
If such a participant wishes to be represented on the Council, it shall within seven days after the date of the proclamation concerned by notice in writing to the State President nominate a member and an alternate member to the Council.
The Council shall determine whether a member thereof shall serve in a full-time or part-time capacity.
If a member of the Council is for any reason unable to perform the duties of his or her office, the alternate member concerned shall act in the place of that member, and for that purpose the alternate member shall have all the powers and duties of the member concerned.
breaches the undertaking or renunciation submitted by the participant in terms of subsection (1)(b) or (5)(a); or fails or refuses to comply with any provision of this Act or any regulation made thereunder, or with any direction of the Council or a subcouncil in terms of this Act or any other law, the Council may, if it has reason to believe that such breach, failure or refusal is of a material nature or has occurred persistently, by notice in writing to that participant direct it to refrain from such breach or to comply with such provision or direction, or to see to it that such organization or armed force refrains from such breach or complies with such provision or direction, as the case may be.
fails or refuses to comply with a direction of the Council under paragraph (a) within a reasonable time; or wilfully persists with any conduct referred to in subparagraph (i) or (ii) of paragraph (a), the Council may, without derogating from its powers under section 7(1)(j), suspend that participant from participating in the Council or any subcouncil or any body, committee or subcommittee established by or under this Act, for such period and on such conditions as may be determined by the Council.
A participant in the Council which fails or refuses to nominate a member on the Council, or terminates or suspends its participation in the Council, or whose participation in the Council is suspended under subsection (8), shall nevertheless remain bound by the obligations it incurred by becoming such a participant.
If a member of the Council loses the confidence of the participant which nominated that member, the Council, on being advised thereof in writing by the participant concerned, shall inform the State President accordingly in writing, and the State President shall by proclamation in the Gazette remove that person from office.
If a member of the Council dies, resigns from office (which shall be in writing to the State President) or is removed from office under subsection (1), the participant previously represented by that member shall be entitled to nominate another person as a member of the Council, and in respect of such nomination, section 4 shall apply mutatis mutandis.
Subsections (1) and (2) shall apply mutatis mutandis in respect of an alternate member of the Council.
The conditions of service, remuneration, allowances and other benefits of members of the Council shall be determined by the State President in consultation with the Negotiating Council.
Those members of the Council who receive remuneration, allowances or other benefits by virtue of their employment by or position in any Government or public service or administration and who continue to receive such remuneration, allowances or other benefits while serving on the Council, shall not receive any remuneration, allowance or other benefits by virtue of subsection (1), except to the extent required to place those members in the position in which they would have been were it not for such employment or position.
The conditions of service, remuneration, allowances and other benefits contemplated in this section may differ according to whether a member is a full-time or part-time member of the Council.
An alternate member shall be entitled to such allowances, if any, as may be determined by the Council.
open and administer its own financial accounts; and take such steps, including legal steps, in terms of any law or the common law, as may be necessary to give effect to this Act or to any decision taken by the Council or a subcouncil under this Act or any other law.
The Council may delegate to a subcouncil any of its powers, but it shall not be divested of a power so delegated.
may review, amend or withdraw any such decision or recommendation of a subcouncil; and may exercise that power itself.
If the Council exercises any power by virtue of subsection (3), the relevant provisions of this Act relating to the subcouncil concerned shall apply mutatis mutandis in respect of the Council.
15(1)(g), 16(2)(f), 16(2)(8), 17(1)(a), 17(1)(h), 17(3), 18(a), 19(j), 20(1)(k) or 20(1)(l) shall not be limited to acting within the scope of the objects of the Council.
Additional subcouncils may be established at the request of the Council by means of an amendment to this Act as contemplated in section 28, if the establishment of such subcouncils is necessary for the Council to perform its functions.
If any dispute between the Council and State President arises as to the necessity of establishing such subcouncils, the matter shall be referred to the Special Electoral Court for determination.
report to the Council in such manner and at such times as may be determined by the Council.
(a) The members of the subcouncils shall be appointed by the Council in a full-time capacity.
The Council shall give notice in the Gazette of each such appointment.
The membership of a subcouncil shall not be restricted to members of the Council.
The subcouncils referred to in section 8(1)(b), (c) and (g), shall each have eight members.
The subcouncils referred to in section 8(1)(a), (d), (e) and (f), shall each have six members.
The Council shall not appoint more than one person representing a particular participant in the Council on a particular subcouncil.
If a member of a subcouncil is for any reason unable to perform the duties of his or her office, the Council may in writing appoint a substitute to act in the place of the member concerned, and for that purpose that substitute shall have all the powers and duties of the member concerned.
If the Council is satisfied that a member of a subcouncil is unable to perform his or her duties satisfactorily, the Council shall remove that member from office and shall give notice of such removal in the Gazette.
If a member of a subcouncil dies, resigns from office (which shall be in writing to the Council) or is removed from office in terms of subsection (1), the Council shall appoint another member to that subcouncil and give notice of such appointment in the Gazette.
The conditions of service, remuneration, allowances and other benefits of members of the subcouncils shall be determined by the State President in consultation with the Council.
Section 6(2) shall apply mutatis mutandis in relation to members of subcouncils.
A substitute contemplated in section 9(4) shall be entitled to such allowances, if any, as may be determined by the Council.
appoint from among its members office-bearers, on either a fixed or a rotational basis; and appoint a person or body to investigate any matter relating to the functions of the subcouncil and to report thereon.
A subcouncil may establish one or more subcommittees to assist it in the performance of its functions.
A member of a subcommittee may be, but need not be, a member of the Council or of the subcouncil concerned.
(a) Each Government and administration shall keep the Council informed of and shall provide it with copies of all of its proposed legislation, including regulations, by-laws and other subordinate legislation, which have a bearing on the objects of the Council.
If the Council or the subcouncil concerned has reason to believe that any proposed legislation of any Government or administration is likely to have an adverse effect on the attainment of the objects of the Council, it may, after affording the Government or administration concerned an opportunity to make representations to the Council or the subcouncil concerned, and subject to the other provisions of this Act, direct that Government or administration in writing not to proceed with the legislation concerned, and that Government or administration shall, subject to section 23, comply with such direction.
Government, administration, political party or organization likely to have a bearing on the objects of the Council.
If the Council or the subcouncil concerned has reason to believe that a decision or action of any Government, administration, political party or organization referred to in paragraph (a) is likely to have an adverse effect on the attainment of the objects of the Council, it may, after affording the Government, administration, political party or organization concerned an opportunity to make representations to the Council or the subcouncil concerned, and subject to the other provisions of this Act, direct that Government, administration, political party or organization in writing not to implement that decision or proceed with that action, and that Government, administration, political party or organization shall, subject to section 23, comply with such direction.
Subject to section 23, each Government and administration, each political party or organization participating in the Council and every other political party shall comply with and give effect to any direction made to it by the Council or a subcouncil in terms of this Act or any other law.
matters of material concern to traditional leaders and their communities; and to approve any amendment of the terms or conditions of, and any diminution of or increase in, the remuneration of traditional leaders.
Council; and to receive all proposed regulations and directives governing the activities of the National Peacekeeping Force and to make recommendations in regard thereto.
Notwithstanding any other law, the power of the State President to declare the existence of a state of emergency shall be exercised only after consultation with the Subcouncil.
The Council may by a decision which has the support of at least eighty persent of the members of the Council, review such a declaration and direct the State President to withdraw it, and the State President shall forthwith comply with such a direction.
Subject to subsection (2) and paragraph (b), any Minister or other person (hereinafter in this subsection referred to as "the functionary") who has the authority to declare the existence of a state of emergency or to declare an area to be an unrest area, as the case may be, and to make regulations with regard thereto, shall do so in consultation with the Subcouncil.
Where the circumstances are urgent and pressing and the functionary concerned is unable to consult with the Subcouncil before making such a declaration, the functionary may make such a declaration without such consultation: Provided that if the Subcouncil at its first meeting thereafter, having due regard to such reasons as may be advanced by the functionary for such declaration, does not give its approval to the declaration concerned, the functionary, on being notified thereof by the Subcouncil, shall, subject to paragraph (c), forthwith withdraw the declaration.
If the functionary and the Subcouncil are unable to reach agreement as to the necessity of a declaration referred to in paragraph (a) or (b), either party may refer the matter for determination to a committee, composed from the civilian membership of the Police Board, which determination shall be given within three days of such referral and shall be binding on the functionary, the Council and the Subcouncil, and be given effect to.
The committee referred to in paragraph (c) shall be comprised of the chairperson and the vice-chairperson of the Police Board and one other member of that board elected by the civilian members of the board.
To the extent that an agreement of the nature contemplated in section 34G of the Police Act, 1958 (Act No. 7 of 1958), could have an effect on the attainment of the objects of the Council, the decision to enter into such an agreement shall be taken by the responsible Minister or other responsible functionary in consultation with the Subcouncil.
The State President and the Minister of Law and Order, exercising any power under section 3 of the Police Act, 1958, and the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self-governing territory, in relation to an officer of the rank of brigadier or above, shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the State President or the Minister or the functionary concerned and the Subcouncil, any of them may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.
the Minister of Law and Order, exercising any power in terms of section 33 of the Police Act, 1958, to make, amend or repeal regulations, or issue directives, governing relevant aspects of police conduct, functioning, structures and restructuring; and the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self- governing territory, shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the Minister or the functionary and the Subcouncil, either party may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.
When the Minister of Law and Order, or the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self- governing territory, issues directives of the nature contemplated in section 4 of the Police Act, 1958, the said Minister or functionary shall inform the Subcouncil thereof.
The various policing agencies shall designate officers of the rank of brigadier or above to assist the Subcouncil in drafting rules to ensure uniformity of conduct of members of the said agencies and the co- ordinated control and command of such agencies in so far as such conduct or the functions of those agencies have a bearing on the objects of the Council.
The said rules shall be formulated within one month after the establishment of the Subcouncil and shall be promulgated by the Council by notice in the Gazette: Provided that if the rules are not formulated within that period or do not meet with the approval of the Minister or functionary referred to in subsection (6)(a), the matter shall be referred to the committee referred to in subsection (3)(c) for final determination.
The officers referred to in paragraph (a) may be summoned at any time to assist the Subcouncil in the performance of its functions.
associate itself with that commitment, undertaking and renunciation; and acknowledge the authority of the Council and the Subcouncil on Defence for the purpose of attaining the objects of this Act.
Any military force which fails to comply with paragraph (a), shall not be regarded as an armed force, a defence force or a military force, as the case may be, for the purposes of this section.
to establish a co-ordinating council, comprised of the commander, or a person designated by the commander, of every military force, which shall liaise with all military forces in order to promote the objects of the Council; and report and make recommendations to the Subcouncil, as and when required, concerning any matter relating to the functions of the Subcouncil; and to budget for and be allocated additional resources for the daily maintenance, the remuneration and allowances, if any, and the administration in assembly points within South Africa of all armed forces: Provided that the location of and the security arrangements in regard to such assembly points, the extent of such maintenance, remuneration and allowances, if any, and the requirements entitling a person to be regarded as a member of an armed force for the purpose of this paragraph, shall be subject to agreement by a committee of experts appointed by the Planning Committee of the Multi-Party Negotiating Process, and comprised of representatives of the military forces of participants in the Negotiating Council designated by the commanders of those forces.
that person was a registered member of such armed force at the commencement of this section and qualifies in terms of the requirements referred to in subsection (2)(k); and that person's name and other particulars are included in a certified personnel register, which shall be submitted by such armed force to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5) (a), and which register shall be updated monthly.
the deployment of any defence force unit in crime prevention or peacekeeping operations; and the relationship and interaction between such a unit and any other unit of a defence force, the National Peacekeeping Force or any policing agency involved in such operations, and any such deployment and the discontinuance of such deployment shall take place only in accordance with such regulations and with the concurrence of both the said Minister and the Subcouncil.
which takes place after the commencement of this section, such deployment and the discontinuance of such deployment shall take place only with the concurrence of both the Minister and the Subcouncil.
If the Council or the Subcouncil and the Minister are unable to reach agreement on any matter dealt with in this subsection or, in the case of the regulations contemplated in paragraph (a), are unable to reach such agreement within one month of the appointment of the members of the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.
Notwithstanding subsection (4)(a), but subject to section 13(2)(b), the command structure of any military force shall remain responsible for the day to day management of such force, including routine transfers, training, promotion and, in the case of any defence force, any routine defensive functions relating to the protection of the integrity of the borders of the State concerned.
any mechanism to ensure appropriate interaction between the Subcoun cil, the various military forces, the National Peacekeeping Force, policing agencies and any other relevant agency at national, regional or local level.
The Minister of Defence, exercising the powers in terms of the Defence Act, 1957 (Act No. 44 of 1957), and the appropriate functionary exercising corresponding powers provided for in the corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei, to make, amend or repeal regulations regarding matters concerning defence force conduct, functioning, structures and deployment relevant to the objects of the Council, and any commander of an armed force issuing directives in regard to such a matter, shall act in consultation with the Subcouncil, which may itself propose such regulations or directives or the amendment or repeal of such regulations or directives: Provided that if no agreement is reached between the Minister, functionary or commander and the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.
Without derogating from the rights of any participant in the Council in terms of section 23, the commander of any military force shall ensure that any directive of the Subcouncil regarding the deployment or conduct of any military force is made known to and binding upon all members of such military force, including, where appropriate, by incorporation thereof in the relevant standing orders and any disciplinary code.
the audit and effective supervision of the arms and armaments of any military force, by that force; and the identification of the personnel of any military force, for which purpose every military force shall submit a certified personnel register to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5)(a), and shall update such register on a monthly basis.
The Subcouncil shall budget for and be allocated the necessary resources to establish and maintain a force, to be known as the National Peacekeeping Force, the functions of which shall relate to the maintenance of peace and public order in South Africa.
all military forces, as far as practicable in equal numbers, except in so far as any such force prefers to contribute fewer members to that Force; and every policing agency which falls under the authority and control of a participant in the Council, wishing to be represented in that Force.
The Subcouncil shall establish a National Peacekeeping Force Command Council, comprised of representatives of all the military forces and policing agencies participating in the National Peacekeeping Force and wishing to be represented on that Command Council.
the application of any existing law relating to any matter referred to in subparagraph (i), (ii), (iii), (iv) or (v), with such adjustments, if any, to that law as may be considered necessary.
The National Peacekeeping Force shall have its own distinctive uniform and insignia, and its vehicles shall be marked distinctively.
in consultation with the National Peacekeeping Force Command Council and after consultation with the South African Defence Force, determine the requirements of the National Peacekeeping Force in respect of uniforms, transport, accommodation, equipment and other logistical support; and budget for and be allocated funds for this purpose.
The uniforms, transport, accommodation, equipment and other logistical support referred to in paragraph (b) shall be supplied by the South African Defence Force, either from its own resources or from the resources of any other defence force or policing agency or any other source, for the account of the Subcouncil.
In the event of the Subcouncil and the National Peacekeeping Force Command Council being unable to reach agreement on any matter referred to in subsection (12), the matter shall be referred to the Council, which shall endeavour to resolve it, failing which the matter shall be referred to the Special Electoral Court for determination.
to make recommendations regarding the prevention of wasteful expen diture; and to monitor any expenditure of State funds by any Government or any department of State or any institution funded wholly or partly from State funds, and to ascertain whether any public monies or State funds have been allocated or given improperly to any political party.
have access to all information relating to its functions available from any Government or administration, the South African Reserve Bank, the Central Economic Advisory Service, the Tax Advisory Committee and the National Economic Forum; and be entitled to conduct such research as it considers necessary.
the contingent liabilities of any Government; and any other matter considered by the Subcouncil to be relevant to the objects of the Council.
the upgrading of any post or the creation of any new post in the public service of any Government above a level to be determined by the Subcouncil; and any amendment to or deviation from the laws governing the retirement of members of any such public service.
The Subcouncil shall be informed of the proposed filling of any vacant post in the public service of any Government above a level to be determined by the Subcouncil.
The Subcouncil shall be provided on a continuous basis with full particulars, including the intended purposes, concerning any new international financial agreement which is being negotiated between a Government and any foreign government or international agency, and no such agreement shall be concluded without the prior approval of the Subcouncil.
The Subcouncil shall be informed of transfers of public funds as between the various Governments, regardless of the departments from which the transfers are made.
The Subcouncil shall be informed on a monthly basis of domestic borrowing by the various Governments of amounts in excess of a figure determined by the Council.
ensuring that any foreign policy initiative benefits the country as a whole and not one or other political party; and promoting such international relations, including trade, finance, culture and sport relations, as in the opinion of the Subcouncil will benefit the country as a whole.
to make recommendations to all participants in the Council, the other subcouncils, the Independent Electoral Commission, the Independent Media Commission, the Independent Broadcasting Authority, the National Peace Secretariat, policy-making forums, all statutory commissions and all electoral educational programmes on steps to promote the free and equal participation of women in the electoral process; and to submit proposals to the Subcouncil on Finance and the relevant departments of State in regard to the 1994195 budget on the allocation of resources for the promotion of the equality of women and their participation at all levels of government, including appropriate programmes and mechanisms.
to make proposals regarding suitable legislation relating to the practice of intelligence in a new political dispensation, including suitable mechanisms of accountability and political supervision; and to facilitate the transition to a future intelligence dispensation by commissioning research and making proposals in this regard.
taking into consideration the sensitive nature of intelligence, deal with intelligence matters in a manner conducive to the national interest and not sectional interests; and recognize that the day to day management of every service remains the responsibility of the relevant Minister or head of such service, and that all services shall during the period of transition, subject to section 3, continue to fulfil their duties to their respective principals.
If there is any dispute in relation to an investigation referred to in subsection (1)(f) or (g), the matter shall, having regard to the sensitive nature of intelligence, be referred to the appropriate Minister or head of the service concerned in order to attempt to resolve the issue.
If the issue is not so resolved the matter shall be referred to the Special Electoral Court for determination.
Any power conferred upon the Subcouncil by this Act and which overlaps with any power conferred upon the Subcouncil on Law and Order, Stability and Security or the Subcouncil on Defence, shall be exercised in conjunction with such other subcouncil.
Notwithstanding the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), or any other law, this Act and any amendment thereof or addition thereto under section 28, shall also apply in all self-governing territories.
In the event of any of the Republics of Transkei, Bophuthatswana, Venda or Ciskei deciding to incorporate the provisions of this Act into its law, such agreements as may be required to secure the co- ordinated implementation of the relevant legislation may be concluded, and such an agreement shall have the force of law.
Any such proposed agreement shall be placed before the Negotiating Council or the Council, as the case may be.
Council or of the subcouncil concerned.
Notwithstanding this section or any other provision of this Act, no military force, policing agency or intelligence service or structure shall be obliged to disclose any information or document in its possession or under its control in a form which could reveal the identity of any source of such information, if that information or document was provided under an express or implied assurance of confidentiality: Provided that this paragraph shall not prevent the disclosure of the remaining parts of information or a document if the parts which could reveal the identity of the source can be separated from the rest thereof.
In the event of a dispute arising from the provisions of paragraph as to whether or not the disclosure of any information or document in the possession or under the control of a military force, policing agency or intelligence service or structure may reveal the identity of the source of information or document, such dispute shall be referred for determination to a committee composed of the head of the relevant military force, policing agency or intelligence service or structure and a member of the Committee referred to in subsection (4) designated by the Committee in consultation with the said head.
relating to any special or secret account established or governed by or under any law, except in so far as it concerns any expenditure from such account which has been found by the Auditor-General to have been unauthorized; or relating to any tax matter prohibited from disclosure by any law when weighed against the need or necessity for disclosure.
The Council shall establish a committee to be known as the Access to Information Committee (hereinafter in this section referred to as "the Committee").
The Committee shall consist of four members appointed by virtue of a decision of the Council which has the support of at least eighty persent of the members of the Council, including every member who represents a participant in the Council which has a military force or a policing agency.
All persons appointed as members of the Committee shall be persons of integrity and trustworthiness in whom the Council has the fullest confidence.
A member of the Council or a subcouncil may not be appointed as a member of the Committee.
A member of the Committee who is not in the full-time service of any Government or administration shall be entitled to such remuneration, allowances and other benefits as may be determined by the Council.
The Committee shall designate two of its members as a subcommittee to deal with all requests in terms of subsections (8) and (9) relating to any information or document compiled by or in the possession or under the control of any military force, policing agency or intelligence service or structure, excluding requests in respect of information or documents relating to a special or secret account referred to in subsection (3)(i), and the said members shall exercise the Committee's powers in respect thereof.
The other two members of the Committee shall act as a subcommittee to deal with all requests in terms of subsections (8) and (9) relating to the special or secret accounts referred to subsection (3)(i) and any information or document other than that contemplated in paragraph (f), and the said members shall exercise the Committee's powers in respect thereof.
it is in terms of subsection (8) or (9) requested by the Council or a subcouncil to scrutinize such information or document; and access to such information or document is reasonably necessary to attain the objects of the Council.
The Committee shall take special precautions to ensure that no information or document referred to in subsection (3) to which it gains access is disclosed to unauthorized persons.
No person other than the members of the Committee or a subcommittee referred to in subsection (4)(f) or (g) shall be present at any meeting of the Committee or subcommittee unless such person's presence is necessary and is authorized by the Committee or the subcommittee concerned.
Notwithstanding any other law prohibiting the disclosure of any information or document, any Government or administration, any participant in the Council and any political party shall be entitled, subject to subsections (2) and (3), to disclose or furnish any information or document in its possession or under its control to the Council or a subcouncil.
If any Government or administration, any participant in the Council or any political party, on being requested by the Council or a subcouncil in terms of any provision of this Act to disclose or furnish any information or document to it, refuses or fails to disclose or furnish such information or document or contends that such information or document is exempt from disclosure by virtue of subsection (3), the Council or subcouncil may request the Committee to scrutinize that information or document.
The Council or a subcouncil may at any time request the Committee to scrutinize any information or document in the possession or under the control of any Government or administration, any participant in the Council or any political party.
A request contemplated in subsection (8) or (9) shall specify with sufficient clarity the nature of the information or document concerned as well as the reasons why it is considered to have a bearing on the objects of the Council.
if it is so exempt, to verifying whether or not the information or document or anything dealt with therein discloses anything which adversely affects the attainment of the objects of the Council, and if so, in what manner; and if it is not so exempt, to releasing the information or document to the Council or to the subcouncil concerned.
For the purpose of subsection (11), the Committee may interview the duly authorized senior representative, or a person designated by him or her, of the Government or administration, the participant in the Council or the political party concerned and may direct such representative or person in writing to appear before it to produce any information or document in the possession or under the control of that Government or administration, participant in the Council or political party, and may question such representative or person relating to such information and require an explanation of anything contained in such a document: Provided that if the Committee is not satisfied with any such explanation, the Committee may direct any other person in writing to appear before it, and may question such person relating to such information and require an explanation of anything contained in such a document.
Any person who fails to comply with a direction referred to in paragraph (a), shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
If the member or subcommittee referred to in subsection (11) finds that any information or document that is exempt in terms of subsection (3) or anything dealt with therein, discloses anything which adversely affects the attainment of the objects of the Council, the Committee may make such information or document or any segregable portion thereof available to the Council or a subcouncil, subject to such limitations relating to access, publication and safekeeping as may be imposed by the Committee.
The subcommittee shall in writing notify the Council or the subcouncil concerned and the Government, administration, participant in the Council or political party concerned, as the case may be, of any finding in terms of this section, which finding shall be binding on the parties concerned and shall be given effect to.
with the written permission of the Council.
Any person who contravenes a provision of paragraph (a) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
I am fully aware of the serious consequences which may follow any breach or contravention of the above-mentioned provisions.
a particular matter falls within the scope of the powers of the any proposed legislation or executive or other action may have an adverse impact on the attainment of the objects of the Council; or such Government, administration, political party or organization is obliged to comply with a direction of the Council or subcouncil, the Government, administration, political party or organization concerned may refer the matter to the Special Electoral Court for determination.
If any Government, administration, political party or organization contends, in relation to a direction issued by the Council in terms of section 13(1)(6) or (2)(b) or a direction referred to in section 13(3), that the necessity or desirability for any proposed legislation, or for any action or for the implementation of any decision, as the case may be, outweighs the adverse effect, if any, it may have on the attainment of the objects of the Council, that Government, administration, political party or organization may, within three days after such direction was issued, refer the matter concerned to the Special Electoral Court for determination, and may only proceed with such legislation or action or implement such decision, as the case may be, if or in so far as the Special Electoral Court authorizes it to do so.
the views expressed on the matter in written submissions by members of the Council or the subcouncil concerned and by the Government, administration, political party or organization concerned; and any other matter considered by the Special Electoral Court to be relevant for its decision.
The Special Electoral Court may make such findings and give such instructions or directions as it may consider appropriate in the circumstances.
The findings of the Special Electoral Court shall be final and binding and shall not be subject to further appeal.
A direction issued by the Council or a subcouncil in terms of this Act and which is not referred to the Special Electoral Court within three days after the Government, administration, political party or organization concerned was notified of that direction, shall be binding on the Government, administration, political party or organization concerned.
The provisions of this section shall not apply to any matter referred to in subsection (1)(c), (2), (3), (5), (6) or (7) of section 15, or subsection (13) or (14) of section 22.
The first meeting of the Council shall take place on a date and at a place agreed to by the Negotiating Council and specified in the first proclamation under section 4(4), which date shall not be later than 14 days after the date of that proclamation.
The Council shall, after its first meeting, meet at such times and places as it may determine.
The Council shall at its first meeting designate from among its members a chairperson or chairpersons.
At that meeting a person designated by the Negotiating Council shall preside until a chairperson or chairpersons, as the case may be, have been designated.
The Council shall at its first meeting, from among its members, designate a management committee.
perform any other function assigned to it by the Council.
A Minister or head of any department of State, or a person designated by such Minister or head, or any other person in the service of the State, shall, when requested to do so by the Council or a subcouncil, attend any meeting of the Council or subcouncil at which a matter relating to the functions of that department and the objects of the Council is to be discussed, and shall at such a meeting, subject to the other provisions of this Act, furnish such information or document or explanation in connection with such matter as may be required by the Council or subcouncil.
The leader of any political party, or of any organization participating in the Council, or a person designated by such leader, shall, when requested to do so by the Council or a subcouncil, attend any meeting of the Council or subcouncil at which a matter relating to any activity or conduct of that party or organization and which has a bearing on the objects of the Council is to be discussed, and shall at such a meeting, subject to the other provisions of this Act, furnish such information or document or explanation in connection with such matter as may be required by the Council or subcouncil.
Any person who has an interest in any matter under discussion at a meeting of the Council or a subcouncil may on the invitation of the Council or subcouncil attend that meeting and, if invited to do so, address it with regard to that matter.
The Subcouncil on the Status of Women shall from time to time designate three persons from among its members, who shall be entitled to attend all meetings of the Council and to address it on any matter relating to the functions of that subcouncil, the interests of women and gender issues in general.
All decisions of the Council or a subcouncil shall be taken by the members thereof alone and shall, as far as possible, be taken on a basis of consensus.
and (f), a decision which has the support of at least two-thirds of the members of the subcouncil concerned, shall be a decision of the Council or the subcouncil concerned, as the case may be.
may exercise the powers and shall perform the duties which the Council may from time to time confer or impose upon him or her in order to attain the objects of this Act, and shall for those purposes be accountable to the Council.
The Executive Director and the persons referred to in section 7(1)(d) and (e) shall exercise their powers and perform their duties in an impartial manner and shall, in so doing, be subject to such provisions of the laws governing the public service of the Republic of South Africa as may be determined by the Council and to the extent and subject to such adjustments as may be determined by the Council.
requests being received in the prescribed form in accordance with the budgetary processes of the Republic of South Africa; and the provisions of the Exchequer Act, 1975, and the regulations and instructions issued in terms thereof, as well as the Auditor-General Act, 1989 (Act No. 52 of 1989).
The State Liability Act, 1957 (Act No. 20 of 1957), shall apply mutatis mutandis in respect of the Council.
In such application a reference in that Act to a Minister of a department shall be construed as a reference to the Chairperson or Chairpersons of the Council.
The Council, in consultation with the State President, may determine the need for and the content of any amendment or supplement to or repeal of any provision of this Act, excluding section 3, and the State President shall, by proclamation in the Gazette, amend, supplement or repeal the provisions of this Act accordingly.
Any such amendment, supplement or repeal shall be limited to facilitating the pursuance of the objects of this Act.
Any such amendment, supplement or repeal shall have the force and effect of an Act of Parliament.
This Act shall lapse upon the assumption of office by the members of the first cabinet in terms of the Constitution.
The Council and every subcouncil shall be dissolved on the date referred to in subsection (1).
At such dissolution of the Council and the subcouncils, all assets, monies and liabilities of the Council, the subcouncils, and any other structure, organ or body established by or under this Act, shall revert to such department of State as the first cabinet appointed in terms of the Constitution may designate.
for the purpose of any legal relationships, including legal proceedings involving the Council, be the legal successor of the Council.
This Act shall be called the Transitional Executive Council Act, 1993, and shall come into operation on a date fixed by the State President, in consultation with the Negotiating Council or, after the commencement of section 2, if applicable, in consultation with the Council, by proclamation in the Gazette.