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Legislation and other mandate
The Department operates within the following legislative and policy mandates:
The South African Constitution Act (108 of 1996)
Scheduled 4 of the Constitution designate the following functions as of concurrent National and Provincial Legislative competence Viz; Provincial archives, museum and library and cultural services, provincial recreation and amenities and provincial sport. The Constitution further in Schedule 5 Part A identifies Tourism, language policy and the regulation of official language and cultural matters as areas of exclusive Provincial Legislative Competence.
White Paper on Arts, Culture and Heritage services, 4 June 1996
This white paper seeks to promote the arts, culture, heritage and literature in their own right, as significant and valuable areas of social and human endeavour in them. It spells out the institutional arrangements required to implement a new vision in which they are developed, practised and celebrated among all our people and it indicates the changes required of existing institutions to assist in this regard The White Paper identifies distinctively the responsibility of the National Department of Arts and Culture and Provincial and Local authorities as making an impact on economic growth, development and promotion of tourism through:
- Provision of infrastructure
- Human Resource Development
- Greater access to public funds to support the dissemination of art
- The development of markets and audiences
- Increased funding for arts, culture and heritage
- Securing the rights and status of artists
Northern Province Arts and Culture Council Act, No.6 of 2000
The act establishes the provincial arts and culture council with an aim to develop and promoting arts and culture to the advantage of the citizens of the province and to advise the MEC on provisioning of financial support to artists, administrators and managers in visual and performing arts.
Northern Province Language Act of 2000
The act establishes the Limpopo Province Language Committee which seek to provide for the determination of official languages in the Province and to regulate and monitor the use of such languages and to establish the provincial Language Committee.
National Language Policy Framework
The policy Framework strongly encourages the utilisation of the indigenous languages as official languages in order to foster and promote national unity. It takes into account the broad acceptance to linguistic diversity, social justice, the principle of the equal access to public services and programmes, and respect for language rights
Limpopo Provincial Heritage regulations, No.103 of 2003
The legislation provides for establishment of a provincial heritage resources authority to manage provincial and local heritage resources.
National Heritage Resources Act, 1999
The legislation aim to promote good management of the national estate, and to enable and encourage communities to nurture and conserve their legacy so that it may be bequeathed to future generations. Section 8 (8) 1 identifies the province as a second tier for heritage resource management and local level functions for local authorities. The act further directs for establishment of provincial and heritage resource authority and for all state departments to maintain and conserve the heritage resources under its control. The act establishes a provincial heritage resource authority (PHRA) whose role is to advise the MEC on implementation of the Act at provincial and municipal level; promote systematic identification, recording and assessment of heritage resources and heritage objects forming part of the national estate in a province, as well as promoting and management of heritage resources.
National archives Act, No. 43 of 1996 as amended and Provincial Archive Services Act, No.5 of 2001
The act provides for proper management and care of the records of governmental bodies; the preservation and use of archival heritage.
National Sport and Recreation Act, 1998
The act provides for the Member of Executive Council for Sport and Recreation to provide funding to provincial Federations for provincial and local development.
White paper on Sports and Recreation, 1999
The white paper on sports and recreation confers the following responsibilities to the provincial structures of sport, arts and culture:
- Make sports and recreation accessible to all people in the province
- Provide the infrastructure required for sport and recreation and its maintenance
- Ensure the existence of programmes that develop the human resource potential in sport and recreation
- Develop a policy framework for the governance of sport and recreation in the province that is in concert with the national sport and recreation policy
- Co-ordinates the involvement of the various departments of the provincial government, to ensure congruence with provincial sport and recreation policy
- Effect international agreement as reached by the national DSR, for the purpose of sharing technology, skills transfer and the development of sport and recreation
South African Geographical Names Council Act 118 of 1998
Clause (2) of the act outlines the object of the act to be amongst others establishment of Provincial Geographical Names Committees. And also set standards and guidelines for local and provincial authorities in their respective areas of jurisdiction. The council thus established work in consultation with provincial governments in identifying existing geographical names in need of revision, and coordinate request for advice on geographical names and standardisation.
National Film and Video Foundation Act 73 of 1997
The act makes provision for the Premier to designate a member of the executive council who will ensure that promotion of film and video industry is effectively done throughout the country and to ensure coordination in the distribution of funds at provincial level.
National Arts Council Act 56 of 1997
The act makes provision for the Premier to designate a member of the executive council to perform any function entrusted to such member by or under this Act. The responsible member will ensure the promotion of arts more effectively throughout the Republic and to ensure co-ordination in the distribution of funds at provincial level.
Local Government Municipal Structure Act (Act 117 of 1998)
The Act provides that functions for library and museum services now become an exclusive provincial competency.
Pan South African Language Board Act 59 of 1995
The act seeks to establish a language committee in the province to advise it on any language matter in or affecting the province or any part thereof where no such provincial committee exists or where an existing provincial committee has jurisdiction only with respect to the official languages of a province.
PFMA 1999 and Treasury Regulations
The act seek to regulate functional management in national and provincial government departments, constitutional institution, and public entities, to ensure that all revenue expenditure, assets and liabilities are managed effectively and efficiently, to stipulate the responsibilities of persons entrusted with financial management to provide for matters connected with financial management.
Promotion of Access to Information Act 2 of 2000
The Act give effect to the constitutional right of access to any information held by the state and any information held by another person and that is required for the exercise or protection of any rights, and to provide for matters connected therewith.
Administrative Justice Act 3 of 2000
The Act give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in the Constitution and to provide formatters incidental thereto.