Regulation No. R. 1298

Government Gazette

Vol. 413, No. 20591, 1 November 1999

Regulation Gazette, No. 6661

No. R. 1298

GOVERNMENT NOTICE

DEPARTMENT OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY

NATIONAL ARTS COUNCIL ACT, 1997

REGULATIONS OF THE NATIONAL ARTS COUNCIL

The Minister has, under section 21(2) of the National Arts Council Act, 1997 (Act No. 56 of 1997), at the recommendation of the National Arts Council, made the regulations in the Schedule.

SCHEDULE

TABLE OF CONTENTS

NATIONAL ARTS COUNCIL PROCEDURES

CHAPTER 1

GENERAL PROVISIONS

1. Definitions

PROPOSED ELECTION PROCESS

2. National Arts Council Members
3. Provincial Representatives
4. Chairperson, Vice-Chairperson and Committees
5. Advisory Panels

CODE OF CONDUCT OF THE COUNCIL

6. Members
7. Chairperson

PROCEDURE AT MEETINGS

8. General procedure
9. Procedure for recusals

CHAPTER 2

REPORTING BY COUNCIL

10. Annual financial statements
11. Council's report

CHAPTER 3

NAC FUNDING CRITERIA

12. General remarks applicable to all applicants
13. General project criteria
14. Organisational criteria
15. Reconstruction and development criteria
16. Individual criteria

CHAPTER 4

RIGHT OF APPEAL

CHAPTER 1

GENERAL PROVISIONS

1. Definitions

(1) In these regulations, unless the context otherwise indicates

"Act" means the National Arts Council Act, 1997 (Act No. 56 of 1997);
"chairperson" means the chairperson of the Council elected in terms of section 4(4) of the Act;
"Council" means the National Arts Council established by section 2.

PROPOSED ELECTION PROCESS

2. National Arts Council Members

2.1 Nominations for appointment as National Arts Council (NAC) members shall be invited from the public in advertisements in at least two national newspapers.

2.2 At the last NAC meeting at least six months prior to the expiry of their term, those national members who are available for re-election will be selected by ballot by the NAC and the Director-General of the Department of Arts, Culture, Science and Technology (DACST) advised of their names.

2.3 It is essential for continuity purposes that at least one of the members re elected be an executive committee (Exco) member. Accordingly Exco will nominate at least one of its members and the ballot will take place as above, but in the event of none of the Exco members being re-elected, one of the three re-elected members must be co-opted to Exco for the remaining six months of the term to ensure continuity.

3. Provincial Representatives

3.1 The Act allows for nine provincial representatives. The required process is that every province shall be represented by a representative who shall be elected by a public and transparent process determined and overseen by the member of the executive council of the province designated by the Premier of that province to perform any functions required in terms of the Act.

3.2 The period for which any individual representing a Province may be a Council member shall not exceed three years but it shall not be necessary for this period to terminate on the same date as that of the Council members elected nationally.

4. Chairperson, Vice-Chairperson and Committees

4.1 The Act allows for the executive committee to consist of the chairperson, the vice-chairperson and other Council members, totalling a maximum of 25% of the total Council membership at any time.

4.2 The first Council meeting after the commencement of the new term of office of the Council shall elect by ballot the chairperson and vice-chairperson of the Council and the other Exco members. An Exco member or a co-opted Exco member of the former Council-^all automatically be approved for the new Exco to ensure continuity.

5. Advisory Panels

5.1 The Act provides that the Council may establish an advisory panel for every field of the arts where it deems this necessary. Each panel shall consist of no more than five persons and shall be chaired by a Council member. It is the Council's function to appoint persons to the advisory panel on the basis of nominations obtained from the public. The tenure of appointment is a period not exceeding two years.

5.2 Nominations for panels shall be invited from the public in nation-wide advertisements. The chairperson selected for each panel and two other Council members shall consider the curriculum vitae of each applicant and make recommendations to the Council regarding two to four members, who would then. if approved, constitute a panel for the respective field of the arts.

CODE OF CONDUCT OF THE COUNCIL

6. Members

6.1 The NAC is a juristic person with all the duties and responsibilities as prescribed by the Act and these regulations. The legal liabilities and responsibilities of the Council require Council members to be reasonably prudent persons who:

Follow fundamental management principles such as planning for and reviewing important reports on the progress of the organisation;

use available control systems and existing opportunities with which to perform the functions of the Council;

avoid personal gain which may occur when decisions taken by a Council member might lead to, or simply might be perceived to be leading to, the personal advancement (be it financial or otherwise) of the Council member concerned;

should a conflict of interest arise, either withdraw or are withdrawn from the Council for the period during which the member or members concerned are involved with the conflicting role, or resign or are asked to resign from the Council.

may not be members of the staff of the Council at any time during their membership of the Council unless they are there ex-officio.

are actively involved in the activities of the Council by: -

Attending all Council meetings, unless leave of absence has been granted, and actively participating in these meetings;

arriving on time and reading the relevant documents in advance to assist in good decision-making;

supporting the chairperson by working actively on any committees for which they are nominated by the Council; and

avoiding situations leading to potential conflicts of interest.

7. Chairperson

The chairperson has to help build constructive relationships between the Council members by:

Providing leadership and building the Council into a cohesive team that works towards a common vision;
monitoring and supporting committees and their work;
being a spokesperson for the organisation;
making sure that the functions of the Council are being performed;
setting the example of courteous and co-operative attitudes and active involvement.

PROCEDURE AT MEETINGS

8. General Procedure

8.1 Meetings held by the Council are formal meetings.

8.2 The resolutions taken at such meetings are binding. Council members need to be actively involved in making sure that decisions taken are followed through. The same applies to the committees of the Council.

8.3 When a meeting is called an agenda is to be circulated in advance.

8.4 The responsibilities of the chairperson include:

Providing an annual list of dates for council and committee meetings;

chairing meetings of the Council;

developing the agenda with the help of the chief executive officer, and making sure that it is mailed to Council members in good time before the meeting;

declaring the meeting formally open at the designated time;

getting approval of the contents of the agenda and asking for additions;

introducing each item for discussion, together with the Council member who is to talk about it, where necessary;

ensuring that the meeting works through each item for discussion at a reasonable pace;

by seeking the views of everyone on the Council, ensuring that no one is allowed to dominate the discussion;

intervening if the discussion becomes heated or if personal animosity or abuse seems likely;

supervising voting procedures, counting votes and announcing the results;

suggesting that further research or investigation be undertaken by suitable members if it seems necessary;

suggesting that the Council move on to discuss other matters if it is apparent that no conclusion can be reached on a particular issue.

9. Procedure for Recusals

9.1 Should a Council member or a member of an advisory panel have a direct interest in any application for funding which would lead to financial gain for him or her personally or for his or her organisation, he or she has to recuse himself or herself from voting when the allocation is made.

9.2 Panel meetings have to be minuted and all recusals carefully recorded.

CHAPTER 2

REPORTING BY THE COUNCIL

10. Annual Financial Statements

10.1 Section 17 (2) (b) of the Act refers to "such other particulars as the Minister may require". In order to comply with the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992) the following additional information is expected of the Council:.

The Council shall in respect of every financial year cause to be made out annual financial statements and shall submit copies of such statements, after such statements have been audited by the Auditor-General, to the Minister within six months after the end of the financial year concerned.

The annual financial statements shall consist of -

a balance sheet dealing with the state of affairs of the Council;

an income statement;

a cash-flow statement;

notes to the financial statements;

the Council's report;

group annual financial statements, where applicable, prepared in accordance with the relevant provisions of the Companies Act, 1973 (Act No. 61 of 1973); and

such other statements as may be prescribed.

The annual financial statements shall be accompanied by a report of the auditors.

The annual financial statements shall, in conformity with generally accepted accounting practice, fairly present the state of affairs of the Council and its business and its financial position at the end of the financial year concerned, shall for that purpose be in accordance with and include at least the matter prescribed by schedule 4 of the Companies Act, 1973, in so far as they are applicable.

The annual financial statements of the NAC shall by means of figures and descriptive report explain any other matters and information material to the affairs of the Council.

11. Council's Report

11.1 The Council shall, as part of its annual financial statements, submit to the Minister a report with respect to the state of affairs, the business and the financial position of the Council and the degree in which its objectives have been attained.

11.2 The Council's report shall -

set out the functions and objectives of the Council as determined by law or otherwise;

state the extent to which the Council has achieved its set objectives for the financial year concerned;

contain relevant performance information regarding the economic, efficient and effective application of resources.

CHAPTER 3

NAC FUNDING CRITERIA

12. General Remarks Applicable to all Applicants

12.1 The National Arts Council (NAC) strives to enhance the quality of life of all South Africans, irrespective of gender, race, disability or sexual orientation.

12.2 The NAC's funding priority is to fund organisations or projects of national importance with national implications or as a part of nation-building.

12.3 In order to accomplish the NAC's mission, the NAC reserves the right to fund organisations/projects across regional and disciplinary boundaries at its discretion. Grants will be made to institutions, organisations or individuals. Individuals should preferably apply through a sponsoring organisation which itself conforms to the listed criteria below and which will take responsibility for managing the grant. Applicants should explain how their acquired skills/expertise could have national impact, i.e. how they could be utilised to benefit arts and culture in South Africa.

12.4 Funding will be subject to those priorities determined solely by the aims and objectives of the NAC.

12.5 Organisations and institutions will receive funding for only one project during any financial year. A complete budget should be submitted, also disclosing other sources of funding.

12.6 The NAC will not usually provide seed capital to set up an organisation but applications that have merit will be referred to the Executive Committee. Consideration will be given to project proposals that:

Are creative and imaginative in approach and execution

strive towards self-sustenance and have a multiplier effect;

cater for the needs of the disadvantaged and marginalised groups

seek to unite and to foster tolerance and understanding;

seek to redress past imbalances and provide opportunities;

have a capacity to attract and broaden public involvement in the arts;

fulfil a national role;

are committed to equality of opportunity;

have the power to communicate to the target audience.

12.7 Project proposals will be considered from applicants with a track record of good management, with special allowance for new and creative projects.

12.8 To maximise the use of resources, applications will be-considered for projects that have a strong community base and have been conceived in collaboration with others working in similar fields.

12.9 Applications will be considered from individuals who, in the opinion of the Council, qualify on the strength of their achievements and/or potential as artists or their advancement of art in general. Applications should be accompanied by:

A curriculum vitae.

An endorsement or recommendation by the sponsor.

A detailed budget.

Certified copies of educational certificates where appropriate.

An explanation of how the individual or community will benefit from the project.

12.10 Progress reports must be submitted to the Council during the implementation and on completion (if that be the case) of a project.

12.11 Applicants are advised to develop annual plans ar~`prioritise protects before submitting applications, as funding more than once in each financial year cannot be guaranteed.

12.12 The Council reserves the right to withhold funding for good reason at its sole discretion, depending on the approval of an application or the continuation of funding.

13. General Project Criteria

13.1 The project, i.e. the item regarding which funding is applied for, will be rated on a scale of 1 - 10 in terms of the following:

Its national impact: the question is not whether the applicant is a national organisation or not, but rather whether the specific project will have concrete national impact or influence.

Its clear, careful and detailed planning.

Its creative, organisational and technical excellence, or the extent to which the execution of the project pursues these.

Its cost-effectiveness, i.e. the extent to which the product (prestige, impact, results, etc.) warrants the expense (financial, human resources and time).

Its multiplier/catalytic effect, i.e. the extent to which the project will have foreseen consequences which will impact positively on the development of arts and crafts in the country.

Its sustainability and viability, i.e. the extent to which the project has access to resources and infrastructure other than those supplied by the NAC.

Its legacy, i.e. the extent to which something concrete, constructive and quantifiable will be left behind after the project.

Its prestige, i.e. the extent to which it will bring honour to the country.

Its innovativeness, originality or uniqueness.

Its necessity, i.e. the extent to which the country, and more especially arts and crafts, will be the richer for it.

14. Organisational Criteria

14.1 An applicant will be rated on a scale of 1 -10 in terms of the following:

Its organisational bona tides; i.e. proof that the applicant is an existing organisation (with reference, where applicable, to its constitution, bank account, membership list H applicable, minutes of last AGM, etc.).

Its record of financial accountability (where applicable, accompanied by audited financial statements of the previous two years).

The effectiveness of its overseeing/accounting structure and board of trustees/steering committee.

The skills and experience of its management/leadership.

Its exemplariness i.e. it has no history of scandals, misappropriation of funds, etc.

Its record of undertaking and completing successful projects in the previous two years, where applicable.

Its national representativeness and impact.

Its sustainability and viability as an organisation for at least the next year.

Its commitment and endeavours to become self-sufficient.

Its ability to communicate to the target audience

15. Reconstruction and Development Criteria

15.1 An applicant (not the project) will be rated on a scale of 1 - 10 in terms of commitment to, or evidence of desire for, the following:

Affirmative action, i.e. the advancement of people from historically disadvantaged communities.

Promotion of gender equality.

Non-radicalism in membership, governing boards and management.

Independence from party politics as far as the particular project is concerned.

Empowerment of young people.

Involvement of rural communities.

Development programmes which impart skills, knowledge and experience to individuals.

General consistency with/promotion of the Bill of Rights.

Democratic values and practices.

The extent to which the organisation or project contributes to culture as a means of reconciliation, which will contribute towards national unity.

16. Individual Criteria

16.1 An individual applicant will be rated in terms of the following:

Artistic ability.

Creativity, vision, imagination and originality

Commitment and evidence of desire to promote art.

Empowerment of individuals or others.

A good track record of ability to manage and complete projects or studies successfully.

Likely national impact of the individual or of the effect of the completion of the project or study course.

Quality of execution of project/final product

CHAPTER 4

RIGHT OF APPEAL

17. In terms of section 12(1) of the Act, any person who feels aggrieved at any action or decision that the Council has taken or made in terms of the Act, may within 30 days from the date on which the action or decision in question was made known by the Council, appeal to the Minister.

18. The appellant shall within 30 days from the date on which the action or decision in question was made known by the Council, give notice in writing to the Council of his/her intention to appeal and deliver the notice by hand or post the notice by registered mail. The notice shall contain:

18.1 the name and address of the appellant;
18.2 the grievance;
18.3.1 the reasons for the grievance.

19. The appellant shall appeal to the Minister in writing, and the appeal shall be delivered by hand or posted by registered mail. The letter of appeal shall contain:

19.1 the name and address of the appellant;
19.2 the grievance;
19.3 the reasons for the grievance.

20. Within 30 days of receipt by the Council of the notice of appeal the Council, or any committee nominated by the Council, shall consider the notice and advise the Minister of its intention to rectify the alleged grievance, or the reasons why it disagrees with the alleged grievance.