OFFICE OF THE PRESIDENT
No. 1514.
4 October 1995
NO. 50 OF 1995: NON-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AMENDMENT ACT,
1995.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
GENERAL EXPLANATORY NOTE:
** ** Words between asterisks indicate omissions from existing
enactments.
<< >> Words between pointed brackets indicate insertions in
existing enactments.
ACT
To amend the Non-Proliferation of Weapons of Mass Destruction Act, 1993, so as
to make provision for the appointment of a vice-chairperson to the South African
Council for the Non-Proliferation of Weapons of Mass Destruction; to make
further provision for the delegation of certain powers and duties; and to delete
an obsolete provision; and to provide for matters connected therewith.
(English text signed by the President.)
(Assented to 28 September 1995.)
BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
Amendment of section 4 of Act 87 of 1993
1. Section 4 of the Non-Proliferation of Weapons of Mass Destruction Act,
1993 (hereinafter referred to as the principal Act), is hereby amended-
(a) by the substitution for paragraph (a) of subsection (2) of the following
paragraph:
"(a) a **chairman** <>, who, in the
opinion of the Minister, shall be **a person** <> with
applicable knowledge or experience with regard to matters connected
with the objects of the Council;"; and
(b) by the substitution for paragraph (a) of subsection (5) of the following
paragraph:
"(a) the **chairman** <>, by the
appointment of another person as **chairman** <>; and".
Amendment of section 9 of Act 87 of 1993
2. Section 9 of the principal Act is hereby amended by the substitution for
subsection (3) of the following subsection:
"(3) If <> the
**chairman is** <> absent
from a meeting of the Council, the members present shall elect one
of their members to preside at that meeting.".
Substitution of section 18 of Act 87 of 1993
3. The following section is hereby substituted for section 1 8 of the
principal Act:
"Appeal
18. (1) Any person aggrieved at any decision of the Council <> under this Act may appeal to the Minister, who may
confirm, amend or set aside the decision of the Council <>.
(2) A decision of the Council <> to suspend or
revoke a permit shall not be suspended pending the result of an
appeal under subsection (1) against that decision.
(3) A decision by the Minister with regard to an appeal shall for
all purposes be deemed to be a decision of the Council <>.".
Substitution of section 19 of Act 87 of 1993
4. The following section is hereby substituted for section 19 of the
principal Act:
"Revision by court of law
19. (1) Notwithstanding the provisions of section 18, any person
whose interests are affected by a decision of the Council <> may, within 30 days after he <> became aware of
such decision, request the Council <> in writing
to furnish in writing reasons for that decision within 30 days after
receiving such a request.
(2) Within 30 days after having been furnished with reasons in
terms of subsection (1), or after the expiration of the period
within which reasons should have been furnished by the Council <>, the person concerned may apply to a division of the
Supreme Court having jurisdiction, to review the decision.".
Amendment of section 20 of Act 87 of 1993
5. Section 20 of the principal Act is hereby amended-
(a) by the substitution for subsection (1) of the following subsection:
"(1) The Minister may, subject to such conditions as he <> may
impose in writing, delegate or assign to the **chairman**
<> of the Council, a member of the
Council, a member of any committee established under section 10, or
any officer or employee of the Department, any power or duty
conferred or imposed upon the Minister by or under this Act.";
(b) by the substitution in subsection (3) for the words preceding paragraph
(a) of the following words:
"The **chairman** <> of the Council may, subject to
such conditions as he <> may determine, in writing delegate
or assign to <> any member of the Council
or any officer or employee designated in terms of section 4(7) any
power or duty-";
(c) by the insertion after subsection (3) of the following subsections:
"<<(3A) The vice-chairperson of the Council may, subject to such
conditions as he or she may determine, in writing delegate or assign
to any member of the Council or any officer or employee designated
in terms of section 4(7) any power or duty-
(a) conferred or imposed upon him or her by this Act; or
(b) delegated or assigned to him or her under subsection (1) or (3),
unless the Minister or the chairperson of the Council, as the case
may be, has in his or her delegation or assignment determined
otherwise.
(3B) The Council may, subject to such conditions as it may
determine, in writing delegate or assign to any member of the
Council, a committee established under section 10 or any officer or
employee designated in terms of section 4(7) any power or duty
conferred or imposed upon it by this Act.
(3C) A committee established under section 10 may, subject to such
conditions as it may determine, in writing delegate or assign to any
officer or employee designated in terms of section 4(7) any power or
duty-
(a) conferred or imposed upon it by this Act; or
(b) delegated or assigned to it under subsection (3B), unless the
Council has in its delegation or assignment determined
otherwise>>."; and
(d) by the substitution for subsection (4) of the following subsection:
"(4) The Minister, Director-General, **and chairman**
<> of the Council, <> shall not be divested
of any power or exempted from any duty delegated or assigned by
him, <>, and may amend or set aside any decision taken
by a person in the exercise or performance of such power or duty
delegated or assigned to him, <>.".
Repeal of section 28 of Act 87 of 1993
6. Section 28 of the principal Act is hereby repealed.
Substitution of word
7. The principal Act is hereby amended by the substitution for the word
"chairman", wherever it occurs, of the word "chairperson".
Short title
8. This Act shall be called the Non-Proliferation of Weapons of Mass
Destruction Amendment Act, 1995.