Administration of Estates Act, 1965
R 385
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) |
Transfer of Administration and Powers and Functions entrusted by Legislation to certain Cabinet Members in terms of Section 97 of the Constitution
No. 44 of 2009
PROCLAMATION
by the
President of the Republic of South Africa
In terms of section 97 of the Constitution of the Republic of South Africa, 1996, I hereby transfer the administration and powers and functions entrusted by the specified legislation, and all amendments thereto, to the specified Cabinet member as set out in the Schedule in English and isiZulu with effect from the date of publication of this Proclamation in the Gazette.
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 22nd day of June, Two Thousand and Nine.
President
By Order of the President-in-Cabinet:
Minister of the Cabinet
| 1. | The administration and the powers and functions entrusted by the legislation, mentioned in column 1 of the tables in paragraphs 1.1 to 1.14 below, to a Cabinet member mentioned in column 2 of the tables, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 3 of the tables. |
| 1.1 | AGRICULTURE RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Performing Animals Protection Act, 1935 (Act No. 24 of 1935) |
Minister of Agriculture and Land Affairs |
Minister of Agriculture, Forestry and Fisheries |
|
Animals Protection Act, 1962 (Act No. 71 of 1962) |
Minister of Agriculture and Land Affairs |
Minister of Agriculture, Forestry and Fisheries |
|
Perishable Products Export Control Act, 1983 (Act No.9 of 1983) |
Minister of Agriculture and Land Affairs |
Minister of Agriculture, Forestry and Fisheries |
| 1.2 | BASIC EDUCATION RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
National Education Policy Act, 1996 (Act No. 27 of 1996) |
Minister of Education |
Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below |
|
South African Schools Act, 1996 (Act No. 84 of 1996) |
Minister of Education |
Minister of Basic Education |
|
Employment of Educators Act, 1998 (Act No. 76 of 1998) |
Minister of Education |
Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below |
|
South African Council for Educators Act, 2000 (Act No. 31 of 2000) |
Minister of Education |
Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below |
|
General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001) |
Minister of Education |
Minister of Basic Education, except the administration and the powers and functions transferred to the Minister of Higher Education and Training as set out in paragraph 1.7 below |
| 1.3 | ENERGY RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Central Energy Fund Act, 1977 (Act No. 38 of 1977) |
Minister of Minerals and Energy |
Minister of Energy |
|
Petroleum Products Act, 1977 (Act No. 120 of 1977) |
Minister of Minerals and Energy |
Minister of Energy |
|
Abolition of the National Energy Council Act, 1991 (Act No. 95 of 1991) |
Minister of Minerals and Energy |
Minister of Energy |
|
Nuclear Energy Act, 1993 (Act No. 131 of 1993) |
Minister of Minerals and Energy |
Minister of Energy |
|
Nuclear Energy Act, 1999 (Act No. 46 of 1999) |
Minister of Minerals and Energy |
Minister of Energy |
|
National Nuclear Regulator Act, 1999(Act No. 47 of 1999) |
Minister of Minerals and Energy |
Minister of Energy |
|
Gas Act, 2001 (Act No. 48 of 2001) |
Minister of Minerals and Energy |
Minister of Energy |
|
Gas Regulator Levies Act, 2002 (Act No. 75 of 2002) |
Minister of Minerals and Energy |
Minister of Energy |
|
Petroleum Pipelines Act, 2003 (Act No. 60 of 2003) |
Minister of Minerals and Energy |
Minister of Energy |
|
Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004) |
Minister of Minerals and Energy |
Minister of Energy |
|
National Energy Regulator Act, 2004 (Act No. 40 of 2004) |
Minister of Minerals and Energy |
Minister of Energy |
|
Electricity Regulation Act, 2006 (Act No.4 of 2006) |
Minister of Minerals and Energy |
Minister of Energy |
|
National Energy Act, 2008 (Act No. 34 of 2008) |
Minister of Minerals and Energy |
Minister of Energy |
| 1.4 | ENVIRONMENTAL RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Sea-Shore Act, 1935 (Act No. 21 of 1935) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Prince Edwards Islands Act, 1948 (Act No. 43 of 1948) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Parks Act, 1976 (Act No. 57 of 1976) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Dumping at Sea Control Act, 1980 (Act No. 73 of 1980) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Sea Fisheries Act, 1988 (Act No. 12 of 1988) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Environment Conservation Act, 1989(Act No. 73 of 1989) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Antarctic Treaties Act, 1996 (Act No. 60 of 1996) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Wreck and Salvage Act, 1996 (Act No. 94 of 1996) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Environment Conservation Act Extension Act,1996 (Act No. 100 of 1996) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
Marine Living Resources Act, 1998 (Act No. 18 of 1998) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs, except the administration and the powers and functions pertaining to mariculture, as defined in section 1 of the Act, which is transferred to the Minister of Agriculture, Forestry and Fisheries as set out in paragraph 1.8 below |
|
National Environmental Management Act, 1998 (Act No. 107 of 1998) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
World Heritage Convention Act, 1999 (Act No. 49 of 1999) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
South African Weather Service Act, 2001 (Act No.8 of 2001) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
|
National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) |
Minister of Environmental Affairs and Tourism |
Minister of Water and Environmental Affairs |
| 1.5 | FORESTRY RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Management of State Forests Act, 1992 (Act No. 128 of 1992) |
Minister of Water Affairs and Forestry |
Minister of Agriculture, Forestry and Fisheries |
|
National Forests Act, 1998 (Act No. 84 of 1998) |
Minister of Water Affairs and Forestry |
Minister of Agriculture, Forestry and Fisheries |
|
National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998) |
Minister of Water Affairs and Forestry |
Minister of Agriculture, Forestry and Fisheries |
| 1.6 | GENDER RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Commission on Gender Equality Act, 1996 (Act No. 39 of 1996) |
Minister of Justice and Constitutional Development |
Minister of Women, Children and People with Disabilities |
| 1.7 | HIGHER EDUCATION AND TRAINING RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
National Education Policy Act, 1996 (Act No. 27 of 1996) |
Minister of Education |
Minister of Higher Education and Training insofar as the administration and the powers and functions pertain to the determination of policy for- (a) public and private centres offering adult basic education and training established as envisaged in the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000); and (b) public and private colleges providing further education as envisaged in the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), including, but not limited to, the powers and functions entrusted by sections 2, 3, 4, 7, 8 and 11 of the National Education Policy Act |
|
Higher Education Act, 1997 (Act No. 101 of 1997) |
Minister of Education |
Minister of Higher Education and Training |
|
Employment of Educators Act, 1998 (Act No. 76 of 1998) |
Minister of Education |
Minister of Higher Education and Training insofar as the administration and the powers and functions pertain to an adult basic education centre, as defined in section 1 of the Act |
|
National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999) |
Minister of Education |
Minister of Higher Education and Training |
|
South African Council for Educators Act, 2000 (Act No. 31 of 2000) |
Minister of Education |
Minister of Higher Education and Training insofar as the administration and the powers and functions pertain to the powers and functions of the South African Council for Educators in relation to adult learning centres, as defined in section 1 of the Act, including but not limited to the powers and functions entrusted by section 5 of the Act in relation to those centres |
|
Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000) |
Minister of Education |
Minister of Higher Education and Training |
|
General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001) |
Minister of Education |
Minister of Higher Education and Training insofar as the of administration and the powers and functions pertain to the powers and functions entrusted to Umalusi, the Council for General and Further Education and Training Quality Assurance, established by section 4 of the General and Further Education and Training Quality Assurance Act in relation to- (a) public and private centres offering adult basic education and training as envisaged in the Adult Basic Education and Training Act, 2000; and (b) public and private colleges providing further education as envisaged in the Further Education and Training Colleges Act, 2006, including, but not limited .to, the powers and functions entrusted by sections 2(b) and (c), 3, 16 to 21, 23, 26 and 28 of the General and Further Education and Training Quality Assurance Act |
|
Further Education and Training Colleges Act 2006 (Act No. 16 of 2006) |
Minister of Education |
Minister of Higher Education and Training |
|
National Qualifications Framework Act, 2008 (Act No. 67 of 2008) |
Minister of Education |
Minister of Higher Education and Training |
| 1.8 | MARICULTURE (I.E. CULTURE OR HUSBANDRY OF FISH IN SEA WATER) RELATED LEGISLATION |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
||||
|
Marine Living Resources Act, 1998 (Act No. 18 of 1998) |
Minister of Environmental Affairs and Tourism |
Minister of Agriculture, Forestry and Fisheries insofar as the administration and the powers and functions pertain to mariculture, as defined in section 1 of the said Act, and includes the powers and functions entrusted by sections 12, 13,18,25,26,28,77 (with respect to mariculture and other matters pertaining to any of the provisions of the said Act mentioned in this paragraph), 78, 79, 80 , 81 and 83 of the said Act |
||||
|
Minister of Environmental Affairs and Tourism |
Minister of Agriculture, Forestry and Fisheries |
| 1.9 | MINERAL RESOURCES RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Mining Titles Registration Act, 1967 (Act No. 16 of 1967) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Diamonds Act, 1986 (Act No. 56 of 1986) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Mineral Technology Act, 1989 (Act No. 30 of 1989) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Geoscience Act, 1993 (Act No. 100 of 1993) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Mine Health and Safety Act, 1996 (Act No. 29 of 1996) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Abolition of Lebowa Mineral Trust Act, 2000 (Act No. 67 of 2000) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Minerals and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
|
Precious Metals Act, 2005 (Act No. 37 of 2005) |
Minister of Minerals and Energy |
Minister of Mineral Resources |
| 1.10 | RURAL DEVELOPMENT AND LAND REFORM RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Deeds Registries Act, 1937 (Act No. 47 of 1937) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Black Authorities Act, 1951 (Act No. 68 of 1951) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Kimberley Leasehold Conversion to Freehold Act, 1961 (Act No. 40 of 1961) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
State Land Disposal Act, 1961 (Act No. 48 of 1961), insofar as it entrusts its administration and powers and functions to the Minister of Regional and Land Affairs |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Removal of Restrictions Act, 1967 (Act No. 84 of 1967) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Physical Planning Act, 1967 (Act No. 88 of 1967) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Sectional Titles Act, 1986 (Act No. 95 of 1986) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Physical Planning Act, 1991 (Act No. 125 of 1991) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Land Titles Adjustment Act, 1993 (Act No. 111 of 1993) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Distribution and Transfer of Certain State Land Act, 1993 (Act No. 119 of 1993) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3KZ of 1994) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Land Administration Act, 1995 (Act No.2 of 1995) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Development Facilitation Act, 1995 (Act No. 67 of 1995) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Land Reform (Labour Tenants) Act, 1996 (Act No.3 of 1996) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Communal Property Associations Act, 1996(Act No. 28 of 1996) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of 1996) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Land Survey Act, 1997 (Act No.8 of 1997) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Transformation of Certain Rural Areas Act, 1998 (Act No. 94 of 1998) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Abolition of Certain Title Conditions Act, 1999(Act No. 43 of 1999) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Planning Profession Act, 2002 (Act No. 36 of 2002) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Spatial Data Infrastructure Act, 2003 (Act No. 54 of 2003) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
|
Communal Land Rights Act, 2004 (Act No. 11 of 2004) |
Minister of Agriculture and Land Affairs |
Minister of Rural Development and Land Reform |
| 1.11 | STATISTICS RELATED LEGISLATION |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Statistics Act, 1999 (Act No.6 of 1999) |
Minister of Finance |
Minister in The Presidency responsible for national planning |
| 1.12 | TOURISM RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Tourism Act, 1993 (Act No. 72 of 1993) |
Minister of Environmental Affairs and Tourism |
Minister of Tourism |
| 1.13 | WATER RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
Water Services Act, 1997 (Act No. 108 of 1997) |
Minister of Water Affairs and Forestry |
Minister of Water and Environmental Affairs |
|
National Water Act, 1998 (Act No. 36 of 1998) |
Minister of Water Affairs and Tourism |
Minister of Water and Environmental Affairs |
| 1.14 | YOUTH RELATED LEGISLATION: |
|
Legislation |
Previous Cabinet member |
New Cabinet member |
|
National Youth Commission Act, 1996 (Act No. 19 of 1996) |
Minister in The Presidency |
The President |
| 2) | The administration and the powers or functions entrusted by legislation to a Cabinet member mentioned in column 1 of the table below, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 2 of the table below. |
|
Previous Cabinet member |
New Cabinet member |
|
Minister of Provincial and Local Government |
Minister of Co-operative Governance and Traditional Affairs |
|
Minister of Housing |
Minister of Human Settlements |
|
Minister of Foreign Affairs |
Minister of International Relations and Cooperation |
|
Minister of Safety and Security |
Minister of Police |
|
Minister for Intelligence Services |
Minister of State Security |
| 3) | With respect to the departments mentioned below, the powers and functions entrusted by the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1994), mentioned in column 1 of the tables in paragraphs 3.1 and 3.2 below, to a Cabinet member as executive authority of that department mentioned in column 2 of the tables below, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 3 of the tables below. |
| 3.1 | GOVERNMENT COMMUNICATION AND INFORMATION SYSTEM: |
|
Powers and functions under the Public Service Act |
Previous Cabinet member |
New Cabinet member |
|
All powers and functions of the executive authority of the Department |
Minister in The Presidency |
Minister in The Presidency responsible for performance monitoring and evaluation |
| 3.2 | STATISTICS SOUTH AFRICA: |
|
Powers and functions under the Public Service Act |
Previous Cabinet member |
New Cabinet member |
|
All powers and functions of the executive authority of the Department , subject to the Statistics Act, 1999 (Act No.6 of 1999) |
Minister of Finance |
Minister in The Presidency responsible for national planning |
