REPUBLIC OF SOUTH AFRICA 

NATIONAL COUNCIL FOR 
LIBRARY AND INFORMATION 
SERVICES ACT 

REPUBLIEK VAN SUID-AFRIKA 

WET OP DIE NASIONALE RAAD 
VIR BIBLIOTEEK- EN 
INLIGTINGSDIENSTE 
No 6, 2001

ACT 

To establish the National Council for Library and Information Services; to provide 
for its objects, functions, composition, meetings, committees and annual report; 
and to provide for matters connected therewith. 
BE IT ENACTED by the Parliament of the Republic of South Africa, as 
follows:— 

Definitions 

1. In this Act, unless the context indicates otherwise— 

(i) ‘‘council’’ means the National Council for Library and Information Services 
established by section 2; 

(ii) ‘‘department’’ means the Department of Arts, Culture, Science and Technology; 

(iii) ‘‘Director-General’’ means the Director-General: Arts, Culture, Science and 
Technology or any officer of the department acting on the authority of the 
Director-General; 

(iv) ‘‘information literacy’’ means the ability of learners to access, use and 
evaluate information from different sources, in order to enhance learning, 
solve problems and generate new knowledge; 

(v) ‘‘Minister’’ means the Minister of Arts, Culture, Science and Technology. 
Establishment of council 


2. The National Council for Library and Information Services is hereby established. 

Object of council 

3. The object of the council is to advise the Minister and the Minister of Education on 
matters relating to library and information services in order to— 

(a) support and stimulate the socio-economic, educational, cultural, recreational, 
scientific research, technological and information development of all communities 
in the country; and 

(b) provide optimal access to relevant information to every person in an economic 
and cost-effective manner. 


Functions of council 

4. (1) The council must inform and advise the Minister and the Minister of Education 
on—

(a) the development and co-ordination of library and information services; 

(b) the promotion of co-operation among library and information services; 

(c) legislation affecting library and information services; 

(d) policies, principles and criteria that should govern the allocation of public 
funds for library and information services; 

(e) existing adequacies and deficiencies of library and information resources, 
including literature in African languages, and services; 

(f) the effectiveness of library and information science education and training; 

(g) service priorities, after consultation with any organ of State responsible for 
library and information services and other interested parties; 

(h) the promotion of basic and functional literacy, and information literacy and a 
culture of reading; 

(i) ways in which new information and communication technologies should be 
harnessed to achieve improved integration, equity, cost-effectiveness and 
quality in library and information services; 

(j) any other matter relating to library and information services which the council 
deems necessary or which the Minister or the Minister of Education may refer 
to the council. 


(2) The council must— 

(a) co-ordinate response of the library and information services sector to library 
and information services matters; 

(b) liaise and develop synergy with other bodies and councils with regard to 
library and information services matters; 

(c) play an advocacy role in library and information services matters; and 

(d) investigate incentives for donations to libraries. 


Composition of council 

5. (1) The council consists of— 

(a) 12 members appointed by the Minister, after consultation with the Minister of 
Education and after a process of public nomination set out in section 7; 

(b) one officer of the department nominated by the Director-General; 

(c) one officer of the Department of Education nominated by the Director-General 
of that department; 

(d) the National Librarian referred to in section 1 of the National Library of South 
Africa Act, 1998 (Act No. 92 of 1998); and 

(e) one representative nominated by the Library and Information Association of 
South Africa. 


(2) The members of the council referred to in— 

(a) subsection (1)(a) are appointed in their personal capacity and serve on a 
part-time basis; and 

(b) subsection (1)(b), (c), (d) and (e) serve in their official capacity and are 
non-voting members in the council. 
Chairperson and vice-chairperson 


6. (1) The chairperson of the council is appointed by the Minister, with the 
concurrence of the Minister of Education, from the members referred to in section 
5(1)(a). 

(2) The members of the council must at the first meeting of every newly constituted 
council elect a vice-chairperson from their number. 
Nomination procedure 


7. (1) Before persons contemplated in section 5(1)(a) are appointed the Minister 
must—

(a) invite nominations from interested persons by notice in the Gazette and in at 
least two nationally circulated newspapers, and over the radio, specifying a 
reasonable period within which nominations must be submitted; and 

(b) set out in such notice the procedure pertaining to the nominations. 

(2) (a) The Minister must appoint a panel, after the composition was approved by the 
Portfolio Committee on Arts, Culture, Science and Technology, consisting of persons 
with experience or expertise in library and information services to compile a short list of 
not more than 15 candidates from the persons nominated in terms of subsection (1)(a). 

(b) The appointment of council members referred to in section 5(1)(a) must be made 
from the list contemplated in paragraph (a).


Criteria for membership of council 

8. (1) The members of the council other than the officers of the department and the 
Department of Education, must all be persons who have— 

(a) expertise in the field of library and information services or science; 

(b) expertise in relation to the leadership in, and management and economics of, 
library and information services; or 

(c) special insight into library and information services and the needs of users of 
library and information services. 

(2) The council must be broadly representative of all sectors in the library and 
information services field and be constituted in a manner that will— 

(a) take into account gender, disability and historically disadvantaged persons; 
and 

(b) ensure a spread of expertise and experience regarding— 

(i) national, provincial and local interests; 

(ii) the role of information in society; and 

(iii) research, development and education in library and information science. 


Tenure and vacation of office of members of council 

9. (1) A member of the council other than officers of the department and the 
Department of Education, holds office for such period, not exceeding three years, as the 
Minister may determine at the time of the member’s appointment. 

(2) If, for any reason, a member of the council vacates his or her office before the 
expiration of his or her term of office, the Minister may, subject to section 8, and after 
consultation with the Minister of Education, appoint any person as a member of the 
council for the unexpired portion of the period for which that member was appointed. 

(3) A member whose period of office has expired may be reappointed for one further 
term. 

(4) A member of the council must vacate his or her office if— 

(a) he or she resigns by written notice addressed to the Minister; 

(b) the Minister terminates the membership of the member on grounds of 
misconduct, incapacity or incompetence; 

(c) he or she has been absent from more than two consecutive meetings of the 
council without the prior permission of the chairperson, except on good cause 
shown; or 

(d) the majority of the council so recommends. 

(5) A decision to remove a member of the council from office in terms of subsection 

(4)(b) must be based on a finding of an independent tribunal appointed by the Minister. 


(6) The Minister may dissolve the Council— 

(a) on grounds of mismanagement; or 

(b) on any other reasonable grounds. 


Meetings of council 

10. (1) (a) The council meets at least twice a year. 

(b) The first meeting of the council must be held at a time and place determined by the 
Minister, and, thereafter, the council must determine the time and place of any future 
meeting, with the concurrence of the Director-General. 

(2) (a) The chairperson may convene a special meeting of the council, to be held at 
such time and place as the chairperson, with the concurrence of the Director-General, 
may direct. 

(b) The chairperson must give notice of at least ten days prior to the meeting. 

(3) The chairperson, vice-chairperson or, in their absence, a member of the council 
elected by the members present, must preside at a meeting of the council. 

(4) A quorum for a meeting of the council is the majority of its members. 

(5) A valid decision of the council can only be taken by resolution of the majority of 
the members present at any duly constituted meeting of the council, and, in the event of 
an equality of votes on any matter, the person presiding has a casting vote in addition to 
his or her deliberative vote. 

(6) No remuneration is payable to any member of the council, its committees or 
working groups except for reasonable travel, accommodation and subsistence costs as 
determined by the Minister with the concurrence of the Minister of Finance. 


Committees of council 

11. (1) The council may, with the approval of the Minister, establish one or more 
committees, including standing committees and working groups, for the effective 
performance of its functions. 

(2) (a)Acommittee or working group must consist of such number of members of the 
council and co-opted persons as the council may deem necessary, but not exceeding 
seven persons. 

(b) The council may at any time dissolve or reconstitute a committee or working 
group. 

(3) The council must designate a member of the committee or working group as 
chairperson of such a committee or working group. 

(4) The council is not absolved from the performance of any function assigned to any 
of its committees or working groups. 

(5) A committee or working group must meet at least once a year at a time and place 
determined by its chairperson with the concurrence of the Director-General. 
Secretary and staff 

12. The Council must, in the proper performance of its functions, be assisted by a 
secretary and staff consisting of persons appointed by the Director-General in terms of 
the Public Service Act, 1994 (Proclamation No. 103 of 1994). 
Finances 

13. The costs and expenses connected with the application of this Act must be 
defrayed from moneys appropriated by Parliament to the department. 


Annual report 

14. (1) The council must annually submit a report on its activities, advice and 
recommendations to the Minister and the Minister of Education, and the Minister must 
table the report in Parliament as soon as possible after its receipt. 

(2) Within five months after the report has been tabled, a delegation consisting of the 
chairperson and at least two other council members must brief the Portfolio Committee 
on Arts, Culture, Science and Technology on the annual report. 
Short title and commencement 

15. This Act is called the National Council for Library and Information Services Act, 
2001, and commences on a date fixed by the President by proclamation in the Gazette. 


					---oOo---