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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:

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  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.