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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** <<chairperson and
vice-chairperson>>, who, in the opinion of the
Minister,
shall be **a person** <<persons>>
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** <<chairperson or
vice-chairperson>>, by the appointment of another
person
as **chairman** <<chairperson or
vice-chairperson>>; 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 chairperson is absent from a
meeting of the Council, the vice-chairperson shall preside
at that meeting, and if both>> the **chairman is**
<<chairperson and vice-chairperson are>> 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 <<or its delegate>> under this Act may
appeal to the Minister, who may confirm, amend or set aside
the decision of the Council <<or its delegate>>.
(2) A decision of the Council <<or its delegate>>
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 <<or its delegate>>.".
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 <<or its delegate>> may, within 30
days after he <<or she>> became aware of such
decision, request the Council <<or its delegate>>
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 <<or its delegate>>,
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 <<or she>> may impose in writing,
delegate
or assign to the **chairman** <<chairperson
or vice-chairperson>> 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** <<chairperson>> of
the Council may, subject to such conditions as he <<or
she>> may determine, in writing delegate or assign to
<<the vice-chairperson or>> 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** <<chairperson and vice-chairperson>>
of
the Council, <<Council and any committee
established under section 10>> shall not be divested
of
any power or exempted from any duty delegated or
assigned by him, <<her or it>>, 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, <<her or it>>.".
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.
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