South African Weather Service Bill: deliberations

Tourism

09 March 2001
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Meeting report

ENVIRONMENTAL AFFAIRS AND TOURISM PORTFOLIO COMMITTEE
9 March 2001
SOUTH AFRICAN WEATHER SERVICE BILL: DELIBERATIONS

Chairperson: Ms G Mahlangu

Documents handed out:
Department of Environmental Affairs & Tourism: Proposed Amendments (see Appendix 1)
Airlines Association of Southern Africa: Proposed Amendments (see Appendix 2)
South African Weather Service Bill [B54-2000]

SUMMARY
The South African Airlines Association followed by the Department of Environmental Affairs and Tourism, presented their proposed amendments to the South African Weather Service Bill. The Committee will resume its deliberations on the Department of Environmental Affairs proposed amendments next week.

MINUTES
Proposed Amendments by the South African Airlines Association. (SAAA)
Mr J Morrison from the Airlines Association of South Africa addressed the Committee on the amendments proposed by the Association to the Bill. He explained that their organisation represents 18 scheduled airlines of which approximately one third are domiciled within South Africa and the remaining are based within the South African sub-Saharan region.

Discussion
Mr EK Moorcroft (DP) asked what was the intention of Mr Morrison's proposal for the deletion or amendment of section 9(7).

Mr Morrison replied that the reason is that they are not clear about what was intended behind the section. It is feared that if the Minister inserts the guidelines for this section he may interfere with the independence of the running of the management of the company and also that of the Regulator. In the Airports Company Act the Minister does not set any policy guidelines according to which the Board has to work. The Board is responsible for the performance of its functions in accordance with the Regulations in the Act.

Mr Moorcroft further asked whether the SAAA would like the section to be deleted in its entirety.

Mr Morrison replied that it would be advisable that the section be deleted in its entirety, for there is a danger that the Minister will start to influence the activities of the Board.

Mr SN Swart (ACDP) said that he acknowledged the SAAA's concern about the user charges being levied and asked for a comment on section 4(2)(e) where the SAAA proposes the inclusion of the words "in consultation with the Users and in a transparent manner". As far as he understood, this would involve consensus being reached between the Minister and all the users. He asked whether this would be practical.

Ms JA Semple (DP) asked what the legal status of the Airport Company was.

Mr Morrison replied that the Airport Company has been privatised. At the present moment the state owns 80% of the shares in that company, 20 % having been allocated to a foreign shareholder, the Strategic Equity Partner. Essentially, the company is controlled by the state.

Ms CMP Ramotsamai (ANC) asked about the changes proposed in Chapter 3, section 5(2)(b). She asked that if representatives have mandates from the industry, how does Mr Morrison see the Committee functioning because previously the Committee had a problem of organised labour that wanted to be represented as well. The Committee resolved that that was not possible.

Mr Morrison replied that if the person appointed to the Board carries a mandate from the industry would be satisfactory for purposes of representation. Persons can be appointed in their personal capacities but as representatives of the industry and not representing their own private companies.

Mr Chairperson handed over to the Department of Environmental Affairs and Tourism to make their presentation.

Proposed Amendments by Department of Environmental Affairs & Tourism
Ms N. Mkhwanazi from the Department of Environmental affairs and Tourism addressed the Committee on amendments proposed by the Department by going through them clause by clause. The Chairperson emphasised to Committee members that there was no voting to be made on the Bill yet, as the Department was due to present its proposed amendments.

Discussion
Mr Swart asked about section 4(2) (b) about the word "pledge" whether that would cover raising a mortgage bond for immovable property.

Ms Mkhwanazi answered that it would and also that there was a broad intention to include immovable property.

Mr MF Cassim (IFP) based his question on section 4(4) and asked whether it was not advisable to replace the word "reasonable" with the word "active" for the section to read "The Weather Service must take active steps..." This would sound a little stronger than "reasonable".

Ms Mkhwanazi replied that this was something that was considered. However, in legal terminology any court would assume that to take steps is an active imperative and an objective that the Weather Service would have to do. The term "reasonable" is an adverb that the courts regard as including objective criteria of assessment in assessing whether any steps, active or otherwise, have been taken.

Mr Swart raised a concern about section 4(2)(e) and said that the section gives a broad function or power to the Weather Service to charge fees for the provision of any commercial services.

Ms Mkhwanazi replied that that was a legitimate yet not a serious concern in a sense that the Weather Service will become a juristic person acting through the Board. So the functions of the Weather Service in fact can only be undertaken by the Board. The Board will determine the charges.

Mr Swart asked in relation to section 5(2)(b)(viii) about the inclusion of the legal profession as stakeholders in the Weather Services. He asked whether the Law Society has approved this.

Mr GC Schulze (Dept. of Environmental Affairs & Tourism) replied that the Weather Service is providing a lot of service to the legal profession with matters such as obtaining data for court cases and being called to be expert witnesses in court cases

Mr Cassim (IFP) asked about section 5(8) about the word "succession", that the Board will ensure succession and give guidance in the appointment of senior managers. He said that succession could be interpreted to mean to put certain people on a certain basis to ensure that they fill a particular post. Is that an element of continuity that the section envisages? He said that the word succession might add a layer that is unintended.

Ms Mkhwanazi replied by differing with Mr Cassim. She said that the word "succession" would have to be given meaning in the light of other provisions in the legislation. She asked Mr Cassim if he would be comfortable with the inclusion of the word "facilitate succession" instead of "ensure succession".

Mr Cassim replied that that would be clear and that there is no ambiguity.

Ms Mkhwanazi replied that pursuant to Mr Cassim's concern, section 5(8) will be amended to read "facilitate succession.."

Ms Semple asked what is the difference between "public service goods" and "public good services" mentioned in Schedule 1 of the Bill.

Ms Mkhwanazi replied that there is no substantial difference between the two.

Mr Cassim said that he was not comfortable with the current wording of section 16(1) of the proposed amendments because it does not specify the exact provision of the Public Finance Management Act, 1999.

Ms Mkhwanazi replied that the Department has no problem with being specific and would address the issue.

Mr Cassim recommended that the word "Notwithstanding" rather than then the word "Despite" should be used in section 16 of the document

Ms P. Lesese (State Law Advisor) replied that in line with plain language the word "despite" is appropriate in the context and that both words have the same meaning.

The meeting was adjourned till Tuesday 13 March 2001.

Appendix 1:
Amendments proposed by the Department
REPUBLIC OF SOUTH AFRICA
SOUTH AFRICAN WEATHER SERVICE BILL
(As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill
published in Government Gazette No.20979 of 17 March 2000) (The English text is the
official text of the Bill)

(MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM)
[B 54-2OOO] ISBN 0 621 29568 X
No. of copies printed 1 800.BILL

To establish a juristic person to be known as the South African Weather Service; to determine its objects, functions and method of work; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

CONTENTS
Sections
CHAPTER 1:INTRODUCTION
1. Definitions

CHAPTER 2:SOUTH AFRICAN WEATHER SERVICE
2.Establishment of South African Weather Service
3.Objectives of Weather Service
4.Functions of Weather Service

CHAPTER 3:BOARD OF WEATHER SERVICE
5.Board of Weather Service and its composition
6.Removal
7.Vacancies
8.Remuneration
9.Meetings of Board
10.Committees of Board
11.Meteorological Advisory Committees

CHAPTER 4:MANAGEMENT OF WEATHER SERVICE
12.Chief Executive Officer

CHAPTER 5:STAFF OF WEATHER SERVICE
13.Staff and conditions of service
14.Pensions

CHAPTER 6:FINANCIAL MATTERS
15.Funds
16.Accounting Authority

CHAPTER 7:TRANSITIONAL PROVISIONS
17.Transfer of staff of Chief Directorate to Weather Service
18.Transfer of certain assets and liabilities to Weather Service

CHAPTER 8:REGULATORY CONTROL
19.Regulating Committee
20.Functions of Regulating Committee
21.Removal
22.Vacancies
23.Remuneration
24.Meetings of Regulating Committee

CHAPTER 9:GENERALAND MISCELLANEOUS PROVISIONS
25.Intellectual property rights
26.Limitation of liability
27.Regulations
28.Rules of Board
29.Delegation of powers and assignment of duties
30.Repeal of Meteorology Act, 1988 (Bophuthatswana)
31.Short title and commencement

SCHEDULE 1
Public good services

SCHEDULE 2
Commercial services

CHAPTER 1
INTRODUCTION
Definitions
1.In this Act, unless the context indicates otherwise
(i)"advisory services" means any climatological advice, and includes advice on weather outlooks, weather forecasts and weather warnings;
(ii)"Board" means the Board contemplated in section 5;
(iii)"Chief Directorate" means the Chief Directorate: Weather Bureau as a division of the Department as it existed immediately before the commencement of this Act;
(iv) "Chief Executive Officer" means the Chief Executive Officer appointed in terms of section 12(1) and includes the interim Chief Executive Officer contemplated in section 1 7(6)(a);
(v )"commerciaI services" means services specified in Schedule 2'
(vi) "Committee" means any committee established under section 10;
(vii)" Department" means the department responsible for the administration of this Act;
(viii) "financial year" means a period which commences on 1 April in one year and ends on 31March in the following year; (ix) "meteorological service" means-
(a)the collection, processing and provision of meteorological and climatological information, data and advisory services;
(b)the maintenance and development of weather-related instruments and computer programs;
(c)research with the aim-of ( i)improving products and the delivery of services; and (ii) of reducing the impact of weather-related natural disasters; and
(d)the provision of meteorologically-related training in partnership with tertiary institutions;
(x)"Minister" means the Minister responsible for the administration of this Act;
(xi) "public good services" means services specified in Schedule 1;
(xii) "Regulating Committee" means the Regulating Committee contemplated in section 19;
(xiii) "regulations" means regulations made under section 27;
(xiv) "specialized service" means a meteorological service provided to an identifiable client or customer who will use the service for economic gain or benefit.
(xv) "Weather Service" means the South African Weather Service established by section 2;
(xvi) "this Act" includes the regulations.

CHAPTER 2
SOUTH AFRICAN WEATHER SERVICE
Establishment of South African Weather Service
2.(1) There is hereby established [as from a date fixed by the Minister by proclamation the in
Gazette, after the Act comes into force according to section 31 .~ a juristic person known as the South African Weather Service.
(2)The Weather Service acts through the Board.

Objectives of Weather Service
3.The objectives of the Weather Service are-
a)to maintain, extend and improve the quality of Meteorological service for the benefit of all South Africans."
b)to provide public good and commercial services to all South Africans;
c)to ensure the ongoing collection of meteorological data over South Africa and surrounding southern oceans for the use by current and future generations;
d)to be the long-term custodian of a reliable national climatological record;
e)as the national meteorological service of the Republic of South Africa, to fulfil the international obligations of the Government under the Convention of the World Meteorological Organization;
f)as the Aviation Meteorological Authority, to fulfil the international obligations of the Government under the Convention of the International Civil Aviation Organization; and
g)to fulfil any other weather-related international obligations as the Minister may direct.
h)to provide services that are sensitive to the demographic realities of the country.

Functions of Weather Service
4.(1) The Weather Service must-
(a)provide such meteorological services, including public good and commercial services, as are necessary to achieve its objectives provided that it is in the interests of the Weather Service (SAWS) and the state;
(b)adhere to the intent of Resolution 40 of the Twelfth Congress of the World Meteorological Organisation, and any other related resolutions regarding the internationally free and unrestricted exchange of meteorologically-related data and products; and
(c)perform any other function assigned to it by the Minister.

(2)The Weather Service may, in order to achieve its objectives-
(a)co-operate or enter into agreements or contracts with any person, institution, government or administration;
(b)purchase or otherwise acquire, possess, hire, pledge, sell or let property;
(c)with the approval of the Minister, granted with the concurrence of the Minister of Finance, raise money by way of loans from any lawful source, on such terms and conditions and against such security as may be agreed upon;
(d)with the approval of the Minister, establish or assist in establishing companies for the promotion of meteorological services or any related business purpose;
(e)charge fees for the provision of any commercial services;
(f)enter into an agreement with any other weather service to deliver services or be of assistance with the delivery of services outside the borders of South Africa; and enter into agreements with State departments for the delivery of services considered to be within the capacity of the Weather Service.

(3)Only the Weather Service may issue severe weather-related warnings over South Africa in order to ensure that there is a single authoritative voice in this regard.

(4)The Weather Service must take reasonable steps to develop skills and capacity of the Weather Service so as to enable it to provide for the needs of disadvantaged communities.

CHAPTER 3:BOARD OF WEATHER SERVICE
Board of Weather Service and its composition
5.(1) The Board of the Weather Service consists of-
(a)the Chief Executive Officer by virtue of his or her office;
(b)a senior official of the Department designated by the Director General [person nominated by the Director General of the Department with the concurrence of the Minister; and
(c)no fewer than eight and no more than ten other persons appointed on a part-time basis by the Minister, in accordance with subsection (3) and taking into account the provisions of subsection (2).

(2)The members contemplated in subsection (1)(c)-
(a)must in the opinion of the Minister be suitably qualified -to provide effective corporate governance and must be able to bring their special expertise and knowledge (i)to bear on the strategy, enterprise and innovative ideas and business planning of the Weather Service; and
(ii)to develop policies for the Weather Service and to advise the Minister on matters relating to weather-related and climate-related research programmes, technological development, service delivery to clients, marketing of services, international cooperation and the application of meteorology in weather-sensitive industries; and
(b)are appointed in their personal capacities, but the Minister must ensure that the needs of the following stakeholders are taken into account when appointing the members of the
Board:
(i)Water resource management;
(ii) agriculture;
(iii) subsistence farmers and disadvantaged communities;
(iv) the media, which may include radio, television and newspapers;
(v) disaster management;
(vi) aviation industry;
(vii) maritime industry;
(viii) legal profession and insurance industry;
(ix) any other weather sensitive industry or occupation; and
(x) atmospheric science education and research community.

(3) Before appointing any person contemplated in subsection (1)(c) or section 19(2), the Minister must -
(a)by notice in the Gazette and in at least two nationally circulated newspapers invite nominations; and
(b)in such notice, specify a period within which nominations must be submitted and stipulate the procedure to be adopted regarding such nominations.
(c)ensure that the Board is broadly representative of the South African society.

(4)The Minister must appoint one of the members of the Board as chairperson and another member of the Board as the deputy chairperson.

5)Members of the Board contemplated in subsection (1)(c) are appointed for a period of three years and are eligible for re-appointment for another final term of three years.

(6)The Chief Executive Officer is a full-time member of the Board and is appointed for such period as the Board may determine at the time of appointment.

(7)In the absence of a Board all the functions of the Board are [will be] vested in the Minister

Chapter 3 provides for the members of the Board of the Weather Service and deals with provisions such as the Board's composition, conditions for appointment and frequency of meetings. The Board collectively must have the proven expertise and competencies to provide effective corporate governance and to use its specialized knowledge in conceiving of effective strategy, innovative ideas and business planning of the Weather Service. In addition, the Board must be competent to advise the Minister and develop policies for the Weather Service on matters related to weather and climate-related research programmes, technological development, service delivery to clients marketing of services, international cooperation and the application of meteorology in weather sensitive industries.

The members of the Board are to be appointed in their personal capacities. However, the Minister must, in appointing the Board members, ensure that the needs of the following industries are taken into account:
· Water resource management;
· Agriculture;
· Subsistence farmers and disadvantaged communities;
· The media, which includes radio, television and newspapers;
· Disaster management;
· Aviation industry;
· Maritime industry;
· Legal profession and insurance industry;
· Any other weather sensitive industry or occupation; and Atmospheric science education and research community

2.3Chapter 4 deals with the management of the Weather Service and the appointment of the Chief Executive Officer. Chapter 5 delineates the content of the personnel and their service conditions.
The Weather Service is also empowered to establish its own pension fund.

2.4Chapter 6 obliges the State to remain the principle funder of the Weather Service. This chapter further outlines what the Weather Service funds will consist of. Inter alia these will include-
· Money appropriated by Parliament to enable the Weather Service to perform the public good services;
· Income derived from commercial services;
· Money raised by the Weather Service under section 4;
· Fees or royalties contemplated in subsection (4) paid to the Weather Service;
· Donations, user charges or contributions received by the Weather Service from any source;
· Interest on investments; and
· Income derived from any other source.

2.5Chapter 7 provides for the transitional provisions such as transfer of staff and the passing of certain assets and liabilities to the Weather Service.

2.5
Chapter 8 establishes the Regulating Committee and deals with its composition, functions, powers, responsibilities and condition of service.


2.6Chapter 9 outlines the general and miscellaneous provisions relating to intellectual property rights, limitation of liability, regulations, rules of the Board, delegation of powers assignment of duties and the repeal of the Bophuthatswana Meteorology Act 1988 (Act No.18 of 1988).

2.7Chapter 10 ensures that all public good services and commercial services of the Weather Service are listed in Schedule 1 and 2 respectively.

CONSULTATION
3.1The following departments were consulted:
National Department of Agriculture;
Department of Arts, Culture, Science and Technology;
Department of Finance;
Department of Foreign Affairs;
Office of Public Enterprises;
Department of Provincial and Local Government;
Public Service Commission;
Department of Public Service and Administration;
Department of Public Works;
South African Revenue Service;
Department of State Expenditure;
Department of Trade and Industry;
Department of Transport;
Department of Water Affairs and Forestry; and
Provincial Departments of Agriculture.

3.2 The following parastatal institutions were also consulted:
Council for Geoscience;
CSIR:
Water Research Commission;
Agricultural Research Council;
National Research Foundation;
Air Traffic and Navigation Services;
Airports Company South Africa;
Civil Aviation Authority;
Marine Safety Organisation;
ESKOM;
South African Airways; and
SABC.

FINANCIAL IMPLICATIONS FOR THE STATE
4, The Bill has financial implications for the State in so far as there will be establishing costs during the first three years.

PARLIAMENTARY PROCEDURE
5, The State Law Advisers and the Department of Environmental Affairs and Tourism are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.

29. (1) The Board may delegate any power and assign any duty of the Board in writing to the chairperson of the Board.

(2) The Chief Executive Officer may in writing delegate any power and assign any
duty conferred or imposed upon the Chief Executive Officer by or under this Act to an employee of the Weather Service, except powers delegated to the Chief Executive
Officer under subsection (1).

(3) Any delegation or assignment under subsection (1) or (2) may at any time be
rescinded or amended by the Board or the Chief Executive Officer, as the case may be.

(4) The Board and the Chief Executive Officer are neither divested of any power or function delegated or assigned under subsection (1) or (2) nor absolved from their responsibilities, and may, subject to the provisions of subsection (5), amend or withdraw any decision made in the exercise of such delegated power or in the performance of a function so assigned.

(5)A decision made in the exercise of a power so delegated and in consequence of which a payment has been made or any right has been conferred upon any person, may
not be amended or withdrawn without the consent of the beneficiary.

(6)The Minister may delegate any power entrusted to him or her in terms of this Act to the chairperson or the Chief Executive Officer, except the powers contemplated in section 27.

Repeal of Meteorology Act, 1988 (Bophuthatswana)
30.The (Bophuthatswana) Meteorology Act, 1988 (Act No.18 of 1988), is hereby repealed.

Short Title and commencement
31.This Act is called the South African Weather Service Act, 2000, and takes effect on a date fixed by the President by proclamation in the Gazette.

SCHEDULE I
PUBLIC GOOD SERVICES
1.The gathering of meteorological and climatological observational data over South Africa and surrounding oceans, sufficient for the needs of the country and to comply
with international obligations and in accordance with World Meteorological Organization standards, where practicable.
2.The carrying out of those international obligations agreed under World
Meteorological Organization arrangements, including the international distribution of
data and acting as Regional Telecommunications Hub and as Regional Specialised
Meteorological Centre.
3.The provision of other meteorological services and the representation of Government in fulfilment of international obligations, where appropriate.
4.The provision of weather and climatic forecasting and warning services intended for the general benefit of the population and the safety of life and property.
5.The provision of daily rainfall and maximum and minimum temperatures data to the general public.
6.The custody of the National Climatological Databank.
7.The operation of a national meteorological telecommunication network and computer infrastructure necessary to provide public good services.
8.The maintenance of the National Meteorological Library.
9.The provision of advice to Government regarding meteorological and climatological matters.
10.The provision of meteorological and functional-related training in partnership with tertiary institutions.
11.The conducting of research focussed on reducing the impact of weather-related natural disasters and on improving to the quality of the public good services.
12.The provision of meteorological support for aviation and maritime search and rescue activities in accordance with international obligations of the Government.
13 The provision of service for the benefit of subsistence farmers.

SCHEDULE 2
COMMERCIAL SERVICES
1.The provision of specialised weather forecasting and climate information services.
2.The provision of services to the maritime industry that are not included in international obligations of the SOLAS Convention (Safety of Life at Sea).
3.The provision of aviation meteorological services.
4.Weather and climate related publications.
5.Meteorological consultations including advice to the legal and insurance industries.
6.Contracted weather and climate-related research.
7.Research to improve commercial services.
8.The dissemination of weather and climate information.
9.The manufacturing and selling of meteorological equipment to State departments and users from the private sector as well as the servicing, repairing and standardisation of equipment falling within the competence of the Weather Service.
10.The provision of specialised services to the media
11.Commercial services provided on an ad hoc basis to State departments.

MEMORANDUM ON THE OBJECTS OF THE SOUTH AFRICAN WEATHER SERVICE BILL 2000
BACKROUND OF THE BILL
The Weather Service Bill
1.1The Weather Service Bill 2000 seeks to provide for the rendering of a national meteorological service for the Republic of South Africa and for this purpose to provide for the establishment of the South African Weather Service ("the Weather Service").

1.2The objects of the Bill are to-
· Provide a meteorological service, which will promote the safety of life, property and economic development of all South Africans by means of the preparation of weather and climate advice, information, weather forecasts and weather warnings;
· To ensure the ongoing collection and to be the long-term custodian of a reliable national climate record of South Africa and the surrounding Southern ocean for use by current and future generations;
· Fulfil the Government's weather-related international obligations

1.3The Bill defines public good services, which the Weather Service will provide to the general public. It will, in addition, charge for all commercial services either on a cost recovery basis or on full commercial rates.

2.CONTENTS OF THE BILL
2.1Chapter 1 deals with the definitions. Chapter 2 provides for the establishment of the South African Weather Service and outlines its objectives, powers and duties. The Weather Service is also given the right to charge fees for the provision of any commercial services.

2.2.The Board has (will have) the following functions:
a)ensure the financial viability and development of the commercial services;
b)ensure an efficient, cost effective and high quality weather service;
c)set policy, standards and objectives within the framework issued by the Minister and ensure that the executive management implements these policies, standards and objectives;
d)[select the chief executive,) ensure succession and give guidance in the appointment of senior managers executives
e)ensure that the Weather Services has adequate systems of internal control both operational and financial;
I)monitor the performance of the Weather Service and make adjustments to the conditions of service of the personnel with due regard to the applicable labour legislation;
g)recommend any budget proposals or adjustments and submit them to the Minister
h)set policy for recruitment training and transformation of Weather Service [staff;
i)approve a business plan for the Weather Service annually for the next three years and submit it to the Minister for final approval;
j)ensure that the majority of the SA population benefits from the [public service goods of the Weather Service;
k) perform any other function assigned to it by the Minister.

Removal
6.(1) A member of the Board may at any time be removed from office by the Minister on account of-
(a)misconduct;
(b)inability to perform the duties of his or her office effectively;
(c)absence from three consecutive meetings of the Board without the prior permission of the Board, except on good cause shown; and
(d)election as a member of Parliament or a provincial legislature.

(2)A member may not be removed from office except after due enquiry.

Vacancies
7.(1) A vacancy in the Board occurs if a member of the Board contemplated in section
(a)upon at least one month's written notice, tenders his or her resignation to the Minister;
(b)is removed from office in terms of section 6; or
(c)dies or becomes permanently incapable of doing his or her work.

8(2)(a) When a vacancy in the Board has arisen as contemplated in subsection (1), the procedure contemplated in section 5 applies.
(d)Any member appointed under this section holds office for the rest of the period of the predecessor's term of office.

Remuneration
8.Any member of the Board, other than the Chief Executive Officer and the official contemplated in section 5(1)(b), must be paid such remuneration and allowances as the Minister, with the approval of the Minister of Finance, may determine.

Meetings of Board
9.(1) (a)The meetings of the Board must be held at least four times a year at such times and places as the Board may determine;
(b)The first meeting of the Board must be held at such time and place as the Minister determines.

(2)(a) In the absence of the chairperson, the deputy chairperson must perform all functions of the chairperson;
(b)The chairperson or the deputy chairperson, and failing him or her, a member of the Board elected by the members present, must preside at a meeting of the Board.

(3)(a) The chairperson may at any time convene a special meeting of the Board, which
must be held at such time and place as the chairperson determines.
(b)If the majority of members of the Board request a special meeting in writing, the chairperson must convene such a meeting within seven days after receiving the request.

(4)The Board may determine its own procedure but any decision of the Board must be taken by resolution of the majority of the members present at any meeting of the Board and, in the event of an equality of votes, the person presiding has a casting vote in addition to his or her deliberative vote.

(5)Subject to the approval of the chairperson, any person may attend or take part, but may not vote, in a meeting of the Board.

(6)A majority of the Board members forms a quorum at any meeting of the Board.

(7)Despite the provisions of subsection (4), the Minister may set policy guidelines within which any Board decision must be taken.

9Committees of Board

10.(1) (a) The Board may establish one or more committees which must perform such functions of the Board as the Board may determine.
(b)A committee established under paragraph (a) performs the functions in question
subject to the instructions of the Board.
(c)The Board may at any time dissolve or reconstitute any committee established
under paragraph (a).

(2) (a) Each committee established under this section consists of such number of members of the Board and of the staff of the Weather Service as the Board may consider
necessary.
(b)If a committee consists of more than one member, the Board must designate a
member of that committee to act as chairperson.

Meteorological advisory committees
11.The Board may establish such number of meteorological advisory committees on a national and regional basis as may be necessary to advise it on any relevant matter.

CHAPTER 4
MANAGEMENT OF WEATHER SERVICE
Chief Executive Officer
12(1) The members of the Board contemplated in section 5(1)(b) and (c) must appoint a person as Chief Executive Officer on such conditions, including conditions relating to the payment of remuneration, allowances, subsidies and other benefits, as the members may determine in accordance with a system approved by the Minister with the approval of the Minister of Finance.
(2)The Chief Executive Officer is responsible for the management of the Weather Service and must report to the Board on any aspect of such management as often as may
be required by the Board.
(3)(a) Whenever the Chief Executive Officer is for any reason absent or unable to carry out his or her duties, or whenever there is a vacancy in the office of the Chief Executive Officer, the Board may, subject to such conditions and the payment of such remuneration and allowances as it may determine in the manner contemplated in subsection (1), appoint an employee of the Weather Service to act as the Chief Executive Officer during such absence or inability, for a period not exceeding six months.
(b)The acting Chief Executive Officer has the same powers and duties as the Chief Executive Officer.

CHAPTER 5
STAFF OF WEATHER SERVICE
Staff and conditions of service
13. (1) Subject to section 17, the Chief Executive Officer may, on such terms and conditions of service as may be determined by the Board, appoint or have such number of employees seconded to the Weather Service as are necessary, to enable the Weather Service to perform its functions.
(2)The Weather Service must out of its own funds pay to its employees such remuneration, allowances, subsidies and other benefits as the Board may determine in accordance with a system approved for that purpose by the Minister with the approval of the Minister of Finance.
(3)(a) The Chief Executive Officer may, on such conditions as the Board may determine with the consent of the employee second the employee, either for a particular service or for a period of time, to the service of any department of the State, the government of any province or country outside the Republic.
(b)The employee's rights, privileges and benefits by virtue of his or her conditions of service as an employee of the Weather Service may not be adversely affected by the secondment.
(4)Every employee must enter into a service contract with the Weather Service.

Pensions
14(1) All employees shall have the choice to
(a)remain or become a member of the Government Employees Pension Fund; (b) elect dormant membership and to join any existing fund as a new member from a current date; or(c)withdraw from the Government Employees Pension Fund in accordance with the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996).

(2)The Weather Service may, under the Pension Fund Act,1 956 (Act No.24 of 1956), establish a pension fund for its employees.

(3)For purposes of the Income Tax Act, 1962 (Act No.58 of 1962), no change of employer must be regarded as having taken place when employment is taken up at the Weather Service by persons in terms of section 17, and the position of those persons in respect of the phasing-in of tax levied on benefits or advantages derived by reason of employment or the holding of any office as contemplated in Schedule 7 to the Income Tax Act, 1962 (Act No.58 of 1962), must be regarded as remaining unchanged.

CHAPTER 6
FINANCIAL MATTERS
Funds
15(1) The funds of the Weather Service consist of-
(a)money appropriated by Parliament to enable the Weather Service to perform the public good services;
(b)income derived from commercial services;
(c)money raised by the Weather Service under section 4;
(d)fees or royalties contemplated in subsection (4) paid to the Weather
(e)donations, user charges or contributions received by the Weather Service from any source
(f)interest on investments; and (g) income derived from any other source.

(2)The Weather Service must utilise its funds to defray expenses in connection with the performance of its functions.

(3)The Weather Service must utilise any donations or contributions contemplated in subsection (1) (e) for such purposes and in accordance with such conditions as may be specified by the donor or contributor concerned provided that these conditions are in the interest of the Weather Service SAWS and the state.

(4)The Chief Executive Officer may in respect of any work performed or services rendered by the Weather Service under this Act other than public good services, or for the use of the facilities of the Weather Service or rights resulting from any discoveries, inventions, computer programmes or improvements made by employees of the Weather
Service charge such fees or make such other financial arrangements as the Board may deem fit.

Accounting Authority
16.(1) Despite the provisions of the Public Finance Management Act, 1999 (Act
No.1 of 1999)
the Chief Executive Officer is the accounting authority of the Weather
Service, and must comply with the provisions of the Public Finance Management Act,
1999 (Act No.1 of 1999).

(2) The Weather Service must-
(a)furnish the Minister with information which he or she may require concerning the activities and financial position of the Weather Service; and
(b)submit to the Minister not later than five months after the end of each year, an annual report containing a balance sheet, a statement of income and expenditure certified by the Auditor-General and such other particulars as the Minister may require.

(3) The Minister must table the annual report in Parliament within 14 days of receipt thereof if Parliament is then sitting or, if Parliament is not then sitting, within 14 days after the commencement of the next sitting.

CHAPTER 7
TRANSITIONAL PROVISIONS
Transfer of staff of Chief Directorate
17. (1) Every person who is employed in the Chief Directorate immediately before the date fixed by the President [Minister/in terms of section 2(1), is hereby transferred to [the said date the Weather Service.

(2) A person transferred as contemplated in subsection (1) must be regarded as having been appointed in terms of section 13(1) subject to the Labour Relations Act, 1995 (Act No.66 of 1995).

(3) The remuneration and other terms and conditions of service of any person transferred as contemplated in subsection (2) may not be less favourable than the remuneration, terms and conditions applicable to that person immediately before his or her transfer and he or she remains entitled to all rights, benefits and privileges to which he or she was entitled to immediately before that date, including-
(a)membership of a pension fund; (b) membership of a medical aid scheme;(c)employer's contributions in connection with such membership including the contribution to the medical funds of retired personnel;
(d)accrued pensionable service;
(e)accrued leave benefits;
(f)housing subsidies;
(g)transport allowances and motor schemes; and
(h)retirement at a specific age.

(4)Every person transferred as contemplated in subsection (2) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before his or her transfer.

(5) Any proceedings against such a person which were instituted immediately before his or her transfer, must be disposed of as if this Act had not been enacted.

(6)The Minister must LU appoint an interim Chief Executive Officer who will act until a Chief Executive Officer is appointed in terms of section 12 (1).

Transfer of certain assets and liabilities to Weather Service
18(1) On the date of commencement of this Act, all the assets, rights, liabilities and obligations which the Minister determines, pass to the Weather Service.

(2)(a) Such assets must include-
(i)stock, equipment, instrumentation and furniture on the registers or records of
the Chief Directorate;
(ii)vehicles, aircraft, buildings and land allocated to the Chief Directorate; and
(iii) the remainder of part 264 of Garsfontein 374 JR (Waterkloof Heights) Pretoria; and
(b)funds to lease and maintain buildings, office space and to pay for the provision of services on behalf of the Chief Directorate for the remainder of the financial year after the commencement of this Act

(3)The Registrar of Deeds concerned must, on application by the Board and lodgement of the relevant title deeds, make such entries or endorsement in his or her registers or records and on the relevant title deeds as may be necessary in order to give effect to subsection (1).

(4)No fees may be charged in respect of any transfer contemplated in subsection (3).

(5)In addition to the provisions of subsection (2), the Minister may, with the concurrence of the Minister of Finance, transfer any movable property belonging to the State to the Weather Service to enable it to perform its powers and functions or to achieve any of its objectives

CHAPTER8
REGULATORY CONTROL
Regulating Committee
19.
(1) (a) The Minister must establish a committee, to be known as the Regulating Committee for Meteorological Services.
(b)In this Chapter any reference to Committee means the Regulating Committee referred to in paragraph (a) [except the committee mentioned in subsection (6).]

(2) The members of the Committee consist of five persons appointed on a part-time basis by the Minister of whom at least three are not officials of any State department.

(3) (a) The Minister must appoint one of the five members as the chairperson of the Committee.
(b)In the absence of the chairperson a member of the Committee elected by members present, must preside of a meeting of the Committee.

(4) Members of the Committee contemplated in subsection (1) are appointed in accordance with section 5(3) for a period of three years and are eligible for reappointment for another final term of three years.

(5) The Committee must, after consultation with the Minister, determine the procedure to be followed in the performance of its functions.

Section 19(6) deleted.

Functions of Regulating Committee
20.
(1) The Committee must-
(a)set broad limits on prices of services and products of the Weather Service;
(b)determine the level of user charges to be applied to the aviation and maritime industries by the Weather Service and advise the Minister on the making of regulations in this regard;
(c)ensure that the Weather Service does not abuse its position, but in such a manner as not to place undue restrictions on the Weather Service's commercial activities and guarding the Weather service against unfair competition from national and international private weather services;
(d)promote the safe, efficient, economical and profitable operation of the Weather Service;
(e)promote the reasonable interest and needs of clients and customers of the Weather Service;
(f)monitor service standards and, where necessary, issue instructions for improvement; and
(g)perform any other function assigned to it by the Minister.

(2)The Committee must report before 30 June each year on the work of the Committee to the Minister, and the Minister must table the report in Parliament within 30 days after it is submitted to him or her.

(3)All administrative work, in connection with the performance of the functions of the Committee must be carried out by the Department.

Removal
21.(1) A member of the
Committee may at any time be removed from the office by the Minister on account of-
(a)misconduct
(b)inability to perform the duties of his or her office effective;
(c)absence from any meeting of the Committee without the prior permission of the
chairperson, except on good cause shown; or
(d)election as a member of Parliament or a provincial legislature.

(2)A member may not be removed from office except after due enquiry.

Vacancies
22.(1) A
vacancy in the Committee occurs if a member-
(a)upon at least one month's written notice, tenders his or her resignation to the Minister;
(b)is removed from office in terms of section 21 or
(c)dies or becomes permanently incapable of doing his or her work.

(2) (a) When a vacancy in the Committee has arisen, the procedure contemplated in section 19(4) applies
(b)Any member appointed under this section holds office for the rest of the period of
the predecessors term of office.

Remuneration
23.
Any member of the Committee, other than officials from State departments, must be paid by the Department such remuneration and allowances as the Minister, with the approval of the Minister of Finance, may determine

Meetings of Regulating Committee
24.
The Committee must meet at least once a year at such times and places as the Committee may determine, but the first meeting of the Committee must be held at such time and place as the Minister determines.

CHAPTER 9
GENERALAND MISCELLANEOUS PROVISIONS
Intellectual property rights
25.
(1) The Weather Service retains the intellectual property rights on any data, meteorological and advisory services, computer programmes, inventions, discoveries and improvements generated by the Weather Service in the fulfilment of its functions.
(2)Any data, information, advisory services and meteorological services of the Weather
Service provided to a client or customer may not be provided by that client or customer
to a third party or be distributed without the written consent of the Chief Executive
Officer.
(3)Any use of material by way of publication, including radio, television or other such medium, must acknowledge the Weather Service's contribution.

Limitation of liability
26.The Weather Service is not liable for any damage, loss or injury sustained or alleged to have sustained by any person as a result of his or her reliance on meteorological information provided by the Weather Service.

Regulations
27.The Minister may, after consultation with the Board, make regulations regarding-
(a) the method and frequency of reports on Board meetings to be submitted to the Minister;
(b) fees for the provision of maritime meteorological services; and
[(c) amendments to schedules 1 and 2;]
(d)any matter in respect of which it is necessary or expedient to make regulations in order to achieve the objectives of this Act.

Rules of Board
28. The Board may make rules, which are not in conflict with this Act or the regulations, for the proper management of the Weather Service and its interests.

Delegation of powers and assignment of duties
18.Chapter 10 ensures that all public good services and commercial services of the Weather Service are listed in Schedule 1 and 2 respectively.

CONSULTATION
3.1The following departments were consulted:
National Department of Agriculture;
Department of Arts, Culture, Science and Technology;
Department of Finance;
Department of Foreign Affairs;
Office of Public Enterprises;
Department of Provincial and Local Government;
Public Service Commission;
Department of Public Service and Administration;
Department of Public Works;
South African Revenue Service;
Department of State Expenditure;
Department of Trade and Industry;
Department of Transport;
Department of Water Affairs and Forestry; and
Provincial Departments of Agriculture.

3.2 The following parastatal institutions were also consulted:
Council for Geoscience;
CSIR.
Water Research Commission;
Agricultural Research Council;
National Research Foundation;
Air Traffic and Navigation Services;
Airports Company South Africa;
Civil Aviation Authority;
Marine Safety Organisation;

Appendix2:
Airlines Association of Southern Africa

SOUTH AFRICAN WEATHER BUREAU SERVICE BILL
The Bill provides for the establishment of a juristic person to be known as the South African Weather Service, and an invitation has been extended for comments on the Bill to be made at a Hearing of the Parliamentary Portfolio Committee ("the Committee") in Cape Town on 21 February 2001.

The Airlines Association of Southern Africa wishes to present its comments to the Committee, and in so doing would, by way of introduction to the Committee, wish to inform the Committee of its Membership, which is attached as Appendix 1 to this presentation. Furthermore, the Association would wish to inform the Committee that the geographical area of its Member Airlines includes airlines of South Africa and Southern Africa, south of the Equator, including the Indian Ocean Islands.

The Association would wish to present its comments with reference to the numbered sections contained in the Bill.

1. Chapter 2, Section 4.(2)(e)
FUNCTIONS OF THE WEATHER SERVICE
This reads as follows:
"The Weather Service must charge fees for the provision of commercial services".

We would wish to see this section amended to include the following words:
"in consultation with the Users and in a transparent manner".

2. Chapter 3, Section 5.(1)(c)
BOARD OF WEATHER SERVICE
This section reads:
"No fewer than 6 and no more than 8 other persons appointed on a part time basis by the Minister, in accordance with Sub-Section (3), and taking into account the provisions of Sub-Section (2).

We would wish this section to be amended to provide for the majority of the persons appointed to the Board to be appointed from the private sector.

Chapter 3, Section 5.(2)(b)
COMPOSITION OF BOARD
This section reads:
"The members contemplated in Sub-Section (1)(c) - are appointed in their personal capacities, the Minister must ensure the needs of the following Stakeholders are taken into account in appointing the members of the Board".
We would wish to see this section amended to the effect that the members are appointed as representatives of their industry and not in their personal capacity. The aviation industry has experience in this regard in other parastatal organizations, where aviation representatives have been appointed in their personal capacity, and on significant issues have put forward their own personal views which have been in conflict with the views of the aviation industry.

In addition, we would request a further amendment to this section, to provide specifically for the interests of aviation to be represented on the Board.

Chapter 3, Section 9.(7)
MEETINGS OF THE BOARD
Meetings of the Board - despite the provisions of Sub-Section (4), the Minister may set policy guidelines within which any Board decision must be taken.

We are not clear on the meaning of this Section, but it gives the impression that the Minister has prescriptive rights over the Board which may be in conflict with the provisions and objectives of the Bill. We would not wish the Minister to have the right to override the provisions and objectives of the Bill, and that the Board must function in accordance with its obligations in terms of the Bill.

Chapter 3, Section 10.(1)(a)
COMITTEES OF BOARD
This Section reads:
"Committees of the Board - the Board may establish one or more Committees which must perform such functions of the Board as the Board may determine.

We would wish this Section to be prescriptive in that the Board shall appoint as one of its Committees, an Aviation Committee.

Chapter 7, Section 17.(3)(d)&(e)
TRANSITIONAL PROVISIONS
This section provides for the transfer of remuneration and other conditions of service from the Chief Directorate to the Weather Service.

We would wish to ensure that any liabilities or obligations that are transferred to the Weather Service are fully funded and that the Weather Service, and or its Users, do not have the responsibility to fund liabilities that have not properly been provided for.

Chapter 8, Section 19.(1)to(6)
REGULATORY CONTROL
This Section makes provision for the establishment of a Regulating Committee, including its composition and procedures to be followed in the performance of its functions.

We would like this section to be more specific and, in particular, that the Regulating Committees appointment and implementation to take place prior to the commencement of the Weather Service. In addition, the Committee's procedures in relation to the Weather Service and Users should be made clear and agreed with all Stakeholders prior to the commencement of the Weather Service.

We would propose that the procedures to be adopted by the Regulating Committee follow the same line as the procedures applicable to the Airports Company Act (Act No. 44 of 1993).

Chapter 8, Section 20.(1)to(3)
FUNCTIONS OF THE REGULATING COMMITTEE
This section deals with the functions of the Regulating Committee, which are materially unacceptable in their present form. Again we would propose that the functions of the Regulating Committee, in respect of the Airports Company, be adopted in their entirety.

Without being specific or comprehensive, the functions of the Airports Company Regulating Committee differ fundamentally with the proposed functions of the Weather Services Regulating Committee, as follows:
Company to obtain valid permission from Regulator to levy charges
Company to prepare a Business Plan for approval by the Regulator
Regulator to prescribe limits (caps) on Tariffs
Regulator to consult with Stakeholders
Regulator to promote interests of Users
Regulator to ensure Company can meet its financial obligations
We also wish to see Section 20.(1)(d) amended to remove reference to a profitable operation.

The clear understanding during negotiations with representatives of the South African Weather Bureau, have been exclusively on the basis that the Weather Service will be a non-profit making organization. This was clearly reflected in the Bill which was published on 5 April 2000 (Version 0.9). Section 2 of the Bill provided that the SAWB would be established as a juristic person, not for profit.

The issue that has created the most time-consuming and acrimonious disputes between ACSA / ATNS and aviation Stakeholders, has been over the issue of what constitutes profit. We are currently in a legal dispute with the Regulator and the Companies, and the problem has arisen due to the fact that the definition of a profitable operation was not defined in the Act or its Regulations.

We would propose, as we did with the formation of the South African Civil Aviation Authority, that the juristic body be formed on a non-profit making basis but with the proviso that it be allowed to earn sufficient income to cover its operating expenses and its capital expenditure programme.

CHAPTER 9, SECTION 27.(b)
REGULATIONS
This section provides that the Minister may, after consultation with the Board, make Regulations regarding - Fees for the provision of aviation and maritime meteorological services.
We would wish to see this Section eliminated, and in line with Airports Company Act, the management would be responsible for setting the tariffs and the Regulator would be responsible for approving them, in accordance with an Industry agreed Business Plan and a formula which allows for inflationary increases to be adjusted by an X-factor to reflect a measure of efficiency.

There should be clarity on the fact that the Regulator is independent of the Minister and the Minister therefore should not interrupt or interfere with the relationship between the management of the Weather Services and the Regulator.

10. CONCLUSION
The Association has experience in the formulation of Policy and Regulations in so far as Independent Regulatory Authorities are concerned and would make itself available to assist in this process if requested to do so.

John T Morrison
Chief Executive, AASA
15 February 2001

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