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Draft Cultural Laws Third Amendment Bill

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Draft Cultural Laws Third Amendment Bill

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To amend the Culture Promotion Act, 35 of 1983, so as to delete the provisions for the establishment of regional councils for cultural affairs and to delete references for the provision of financing of cultural projects as they are in conflict with the PFMA and to provide that any projects for the promotion of culture approved by the Minister must comply with the Preferential Procurement Policy Framework Act and to provide for matter connected therewith.

To amend the Cultural Institutions Act, 119 of 1998 , so as to remove references to outdated institutions, obsolete legislation, to standardize terms of councils and boards of declared cultural institutions, to identify these institutions as listed Schedule 3A national public entities, to align the enabling legislation of such institutions with the Public Finance Management Act (PFMA)1999, to prescribe the composition of the councils of institutions, to standardize the term of office of councils/boards to four years, to provide for the payment of allowances to council/board members, to provide for the term of office of chief executive officers limited to five years, to provide for the conclusion of performance agreements between the Minister and the Councils and for performance agreements between the councils and its chief executive officers and to provide for matter connected therewith.

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To amend the National Heritage Council Act, 11 of 1999, to prescribe the term of council for four years, to reduce the size of the council to a maximum of 15 members and to provide that in the event the provincial representatives are not nominated by the MEC's within three months, the Minister will be entitled to appoint other members to the council, to remove the function of repatriation and restitution, to provide that the Council must enter into a performance agreement with the Minister within 3 months of assumption of office and that the CEO must also sign a performance agreement with the council.

To provide for the Councils and CEO to sign code of conduct and declaration of interest within 3 months of assumption of office; to provide that all reporting of financial statements and strategic plans and reports should be regulated by the PFMA to provide for
the payment of allowances and remuneration to the Council members in accordance with criteria for the allowances payable to and reimbursement of expenses incurred by members of the Council determined by the Ministers of Arts and Culture and Finance and to provide for matter connected therewith.

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