THE NATIONAL LIBRARY OF SOUTH AFRICA ACT 92 OF 1998

THE NATIONAL LIBRARY OF SOUTH AFRICA ACT 92 OF 1998
[ASSENTED TO 20 OCTOBER 1998][DATE OF COMMENCEMENT: TO BE PROCLAIMED]
(English text signed by the President)
ACT
To provide for the National Library of South Africa; for collecting, preserving,
making available and promoting awareness of the national documentary heritage;
and to provide for matters connected therewith.
INDEX
INTRODUCTION
1. Definitions
CHAPTER 1
NATIONAL LIBRARY OF SOUTH AFRICA
2. National Library of South Africa
3. Objects of National Library
4. Functions of National Library
CHAPTER 2
ADMINISTRATIVE PROVISIONS
5. Powers of National Library
6. Board of National Library
7. Functions and allowances of members of Board
8. Meetings of Board
9. Employees of National Library
10. Transfer of certain persons to employ of National Library
11. Transfer of certain assets to National Library
12. Minister may entrust certain property to care of National Library
13. Financing of National Library
14. Auditing and annual report
CHAPTER 3
GENERAL PROVISIONS
15. Regulations
16. Transitional provisions
17. Amendment and repeal of laws
18. Short title and commencement
INTRODUCTION (s 1)

1 Definitions
In this Act, unless the context indicates otherwise-
'bibliographic service' means-
(a) the creation of bibliographic records and the compilation of catalogues,
bibliographies, indexes and other bibliographic databases;
(b) the compilation and dissemination of relevant statistics;
(c) the exchange, sale, dissemination or making available of the records and
compilations referred to in paragraph (a);
'Board' means the Board of the National Library, constituted in terms of section
6;
'document' means any object which is intended to store or convey information in
textual, graphic, visual, auditory or other intelligible format through any medium, and
any version or edition of a document which is significantly different from that document
in respect of its information content, intelligibility or physical presentation, is considered
to be a separate document: Provided that public records as defined in section 1 of the
National Archives of South Africa Act, 1996 (Act 43 of 1996), or in provincial legislation
pertaining to records and archives, other than published records, are not considered to be
documents for the purposes of this Act;
'documentary heritage' means the total of published documents emanating from
South Africa or relating to South Africa;
'medium' means any means of recording or transmitting information intended for
subsequent reading, listening or viewing;
'Minister' means the Minister of Arts, Culture, Science and Technology;
'National Librarian' means the person referred to in section 9 (1) (b);
'National Library' means the National Library of South Africa, referred to in
section 2;
'prescribe' means prescribe by regulation;
'published' means produced to be made available in multiple copies or at various
locations to-
(a) any member of the public, whether through purchase, hire, loan,
subscription, licence or free distribution; or

(b) the members of an association or a society, whose membership is open to
any qualifying member of the public;
'record' means recorded information regardless of form or medium;
'this Act' includes any regulation made under section 15.
CHAPTER 1
THE NATIONAL LIBRARY OF SOUTH AFRICA (s 2-4)
2 National Library of South Africa
(a) The South African Library and the State Library referred to in section 2 of the
National Libraries Act, 1985 (Act 56 of 1985), are hereby amalgamated to form the
National Library of South Africa.
(b) The National Library is situated in Pretoria and Cape Town and may have
agencies and departments in such other places as the Minister may determine by notice in
the Gazette.
(c) The location of the office of the National Librarian is determined by the
Minister after consultation with the Board.
3 Objects of National Library
The objects of the National Library are to contribute to socio-economic, cultural,
educational, scientific and innovative development by collecting, recording, preserving
and making available the national documentary heritage and promoting an awareness and
appreciation thereof, by fostering information literacy, and by facilitating access to the
world's information resources.
4 Functions of National Library
(1) The functions of the National Library are-
(a) (i) to build up a complete collection of published documents emanating
from or relating to South Africa;
(ii) to maintain and extend any other collections of published and
unpublished documents with the emphasis on documents emanating
from and relating to Southern Africa;
(iii) to promote the optimal management of collections of published
documents held in South African libraries as a national resource; and

(iv) to supplement the national resource contemplated in subparagraph
(iii) with selected documents;
(b) (i) to record the documents contemplated in paragraph (a); and
(ii) to render a national bibliographic service and to act as the national
bibliographic agency;
(c) to promote optimal access to published documents, nationally and
internationally;
(d) to provide reference and information services, nationally and
internationally;
(e) to act as the national preservation library and to provide conservation
services on a national basis;
(f) to promote awareness and appreciation of the national published
documentary heritage; and
(g) to promote information awareness and information literacy.
(2) In order to achieve its objects and promote the development of library and
information services in South Africa, the National Library must, in relation to the
functions referred to in subsection (1)-
(a) provide appropriate information products and services;
(b) provide leadership, guidance and advice to South African libraries and
information services;
(c) undertake planning and co-ordination in co-operation with other library
and information services;
(d) present, in consultation and co-operation with appropriate educational
institutions and professional bodies, courses of training and education
relating to the functions referred to in subsection (1);
(e) undertake research and development; and
(f) liaise with libraries and other institutions in and outside South Africa.
CHAPTER 2
ADMINISTRATIVE PROVISIONS (s 5-14)
5 Powers of National Library

(1) The National Library is a juristic person, and may, subject to subsection (2),
perform any act which, in the opinion of the Board, is necessary for or incidental to the
performance of its functions.
(2) The National Library may not without the prior approval of the Minister
granted with the concurrence of the Minister of Finance-
(a) lease or sell, exchange or otherwise alienate its movable or immovable
property: Provided that the Minister may prescribe categories of movable
property which may be alienated by the National Library at the sole
discretion of the Board: Provided further that any alienation of the
collections contemplated in section 4 (1) (a) (i) must be dealt with in
accordance with section 7 (5) of the Legal Deposit Act, 1997 (Act 54 of
1997);
(b) as long as a guarantee furnished in terms of section 35 of the Exchequer
Act, 1975 (Act 66 of 1975), is in force in respect of a loan granted to the
National Library-
(i) mortgage or otherwise encumber its immovable property acquired
through that loan;
(ii) lease or sell, exchange or otherwise alienate, or hypothecate or
otherwise encumber its movable property acquired through that
loan;
(c) borrow money.
6 Board of National Library
(1) The affairs of the National Library are controlled by a Board consisting of-
(a) at least seven but not more than nine members appointed by the Minister
in the prescribed manner: Provided that the regulations prescribing the
manner of appointment must apply the principles of transparency and
representivity: Provided further that at least one of the members must have
financial expertise;
(b) the chief executive officer of the National Library, who is ex officio a
member of the Board; and
(c) the heads of the Pretoria and Cape Town components, who are ex officio
non-voting members.
(2) A member of the Board must vacate the office if-

(a) the member's estate is sequestrated or assigned for the benefit of, or if the
member compounds with, the creditors of the member;
(b) a competent court finds that the member is of unsound mind;
(c) the member is convicted of an offence and sentenced to imprisonment
without the option of a fine;
(d) the member is absent from three consecutive meetings of the Board
without the leave of the Board; and
(e) the member is elected as a Member of the National Assembly or a
provincial legislature, or appointed as a permanent delegate to the
National Council of Provinces by a provincial legislature in accordance
with the Constitution and the National Council of Provinces (Permanent
Delegates Vacancies) Act, 1997 (Act 17 of 1997).
(3) The Minister may after consultation with the Board remove a member of the
Board from office if in the opinion of the Minister there are sound reasons for doing so
after hearing the member on those reasons.
(4) If a member of the Board dies, or resigns by written notice to the Minister, or
vacates that office or is removed from office, the Minister may appoint a person in the
prescribed manner in that member's place for the remaining part of the term of office.
(5) (a) A member of the Board holds office for a period not exceeding three years,
subject to subsections (3) and (4), and may be reappointed.
(b) No member may serve more than two consecutive terms.
7 Functions and allowances of members of Board
(1) The functions of the Board are-
(a) to formulate the policies of the National Library in consultation with the
Minister;
(b) to approve the budget of the National Library;
(c) to approve the financial statements of the National Library;
(d) to advise the Minister with regard to matters with which the National
Library is concerned; and
(e) to furnish the Minister with such information as the Minister may require.

(2) The Board may pay to a member of the Board who is not in the full-time
employ of the State or who is not in the employ of the National Library such allowances
as the Minister with the concurrence of the Minister of Finance may determine.
8 Meetings of Board
(1) The Board must meet at least twice a year at such times and places as the
Board may determine.
(2) (a) The Minister must appoint a chairperson for the Board from among the
members of the Board.
(b) The chairperson or, in the chairperson's absence, a member of the Board
elected by the members present, presides at meetings of the Board.
(3) The quorum for a meeting of the Board is a majority of its members.
(4) A decision of the Board is 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 on any
matter, the person presiding at the meeting has a casting vote in addition to a deliberative
vote as a member of the Board.
9 Employees of National Library
(1) (a) The Board may appoint such employees as are necessary to perform the
functions of the National Library.
(b) (i) The Board must appoint a chief executive officer who must be responsible
for the management of the affairs of the National Library and who must report on those
affairs to the Board as the Board may require.
(ii) The chief executive officer is also the accounting officer charged with the
responsibility of accounting for all money received and the utilisation thereof and is
responsible for the property of the National Library.
(iii) The chief executive officer of the National Library is known as the National
Librarian.
(2) The Board determines the remuneration, allowances, conditions of service,
subsidies and other benefits of the employees of the National Library in consultation with
the Department of Public Service and Administration and with the approval of the
Minister granted with the concurrence of the Minister of Finance.
(3) An employee may be discharged only in terms of a decision of the Board, and
the employee concerned may in the prescribed manner and within the prescribed time

appeal against the discharge to the Minister, who may confirm, vary or set aside that
decision, or give such other decision as the Board in the opinion of the Minister should
have given.
(4) (a) An employee may, with the employee's consent and on such conditions as
the Board may determine, be seconded, either for the performance of a particular service
or for a period of time, to the service of the State, another state or some other person.
(b) While seconded an employee remains subject to the laws and conditions of
service that apply to the employee while in the employ of the National Library.
10 Transfer of certain persons to employ of National Library
A person who is in the full-time employ of the State or of an institution receiving
financial aid from the State may, subject to the laws governing the public service and the
approval of the Board, be transferred or seconded to the employ of the National Library.
11 Transfer of certain assets to National Library
Subject to section 2 of the State Land Disposal Act, 1961 (Act No. 48 of 1961),
the Minister may, in consultation with the Board and with the concurrence of the Minister
of Public Works, the Minister for Agriculture and Land Affairs and the Minister of
Finance, and on such conditions as the Minister may determine, transfer to the National
Library any immovable property belonging to the State in order to enable the National
Library to perform its functions.
12 Minister may entrust certain property to care of National Library
The Minister may, in consultation with the Board and in such manner and on such
conditions as the Minister thinks fit, entrust any movable property or part thereof which
has been donated or bequeathed to the Republic or its inhabitants or which has been
donated or bequeathed for the use or benefit of the Republic or its inhabitants, to the care
of the National Library, unless the donor or testator has made other provisions for the
care thereof.
13 Financing of National Library
(1) The funds of the National Library consist of-
(a) money appropriated by Parliament;
(b) money borrowed by the National Library;
(c) revenue obtained by virtue of subsection (3);
(d) fees or royalties paid to the National Library;

(e) donations or contributions received by the National Library;
(f) money accruing to the National Library from any other source, including
remuneration for services rendered in terms of this Act.
(2) Subject to this section, the National Library must use its funds to defray
expenditure in connection with the performance of its functions.
(3) The Board may invest any money not required for immediate use or as a
reasonable operating balance with the Public Investment Commissioners or in such other
manner as the Minister with the concurrence of the Minister of Finance may determine.
(4) The Board may establish and operate a reserve fund and may deposit therein
such amounts as become available from time to time.
(5) (a) The National Library-
(i) must in each financial year, at a time determined by the Minister, submit a
statement of its estimated income and expenditure projected over the
following three financial years for the approval of the Minister; and
(ii) may in any financial year at any time submit supplementary statements of
its estimated expenditure for that financial year to the Minister for the
Minister's approval.
(b) The National Library may not enter into any financial commitment beyond its
approved budgets and its accumulated reserves.
14 Auditing and annual report
(1) The financial year of the National Library ends on 31 March.
(2) The National Library must keep a proper record of its assets and financial
transactions.
(3) The accounts of the National Library must be audited annually by the Auditor-
General.
(4) (a) The National Library must furnish to the Minister such information in
connection with the functions and financial position of the National Library as the
Minister may require, and must within three months of the end of the financial year
submit to the Minister an annual report, including a balance sheet and a statement of
revenue and expenditure in respect of the financial year, certified by the Auditor-General,
as well as such other particulars as the Minister may require.

(b) The Minister must table the report in Parliament within 14 days after receipt
thereof if Parliament is in ordinary session or, if Parliament is not in ordinary session,
within 14 days after the commencement of its next ordinary session.
CHAPTER 3
GENERAL PROVISIONS (s 15-18)
15 Regulations
(1) The Minister may make regulations regarding-
(a) matters which are required or permitted to be prescribed in terms of this
Act;
(b) (i) the investigation of a charge of misconduct or inefficiency against a
person in the employ of the National Library, or of any alleged
irregularity in connection with the affairs of the National Library,
conduct constituting misconduct, the procedure to be followed at
such an investigation, the summoning and attendance of witnesses,
and the sanction that may be imposed upon or other steps that may
be taken against such a person;
(ii) the procedure for the investigation of an alleged grievance of an
employee;
(c) the keeping of records;
(d) the times when, the form in which and the persons to whom financial
statements and reports in respect of the National Library must be
submitted;
(e) research at the National Library;
(f) the establishment of professional advisory committees; and
(g) generally, any matter in respect of which regulations are regarded
necessary or expedient in order to achieve the objects of this Act.
(2) Regulations made under this section may prescribe a fine or a period of
imprisonment not exceeding one year for a contravention thereof or a failure to comply
therewith.
(3) The Minister must publish any regulations made under this section in the
Gazette.
16 Transitional provisions

(1) (a) The boards of the State Library and the South African Library must
dissolve at the commencement of this Act.
(b) The members of those boards must function jointly as an interim board which
must dissolve at the constitution of the Board of the National Library in terms of section
6.
(c) The interim board must elect a chairperson from among its members.
(2) (a) A person who immediately before the commencement of this Act was in
the employ of the State Library or the South African Library is transferred to the employ
of the National Library with the retention of the salary, allowances and other benefits
which then applied in respect of the person.
(b) Such a person is regarded as having been appointed under section 9.
(c) The salary, allowances, conditions of service and other benefits of such person
is regarded as having been determined under that section, and any leave, pension or other
benefits which have accrued in the person's favour by virtue of the person's service with
the said library is regarded as having been accrued in the person's favour by virtue of
service with the National Library.
(d) The Director of the State Library must act as the chief executive officer of the
National Library until the Board appoints a chief executive officer in terms of section 9
(b) (i).
(3) Any movable property which was in the possession or under the control of the
State Library or the South African Library immediately before the commencement of this
Act vests in the National Library, including-
(a) money standing to their credit in the accounts of those libraries or held by
the State for the purposes of those libraries;
(b) claims of the State in connection with those libraries;
(c) rights and privileges of the State in connection with those libraries in
terms of an agreement entered into by or on behalf of the State or those
libraries.
(4) The liabilities and obligations of the State in respect of the State Library and
the South African Library become liabilities and obligations of the State in respect of the
National Library.
(5) Any reference in any law or document to-

(a) the State Library must be construed as a reference to the Pretoria
component of the National Library;
(b) the South African Library must be construed as a reference to the Cape
Town component of the National Library.
17 Amendment and repeal of laws
The laws mentioned in the Schedule are hereby amended or repealed to the extent
set out in the third column thereof.
18 Short title and commencement
This Act is called the National Library of South Africa Act, 1998, and comes into
operation on a date fixed by the President by proclamation in the Gazette.
Schedule
LAWS AMENDED OR REPEALED
Number and year of law Short title Extent of amendment or
repeal
Act 11 of 1977 (Transkei) National Library Service Act, 1977 Repeal of section 11
Act 8 of 1978 (Bophuthatswana) Bophuthatswana National Library Service Repeal of section 19(2)
Act, 1978
Act 18 of 1980 (KwaZulu) KwaZulu Library Act, 1980 Repeal of section 6
Act 19 of 1980 (Ciskei) Ciskeian Library Services Act, 1980 Repeal of section 11
Act 2 of 1981 (KaNgwane) National Library Service Act, 1981 Repeal of section 14
Act 12 of 1981 (Venda) Venda National Library Services Act, 1981 Repeal of section 14 (2)
Act 4 of 1982 (Gazankulu) National Library Service Act, 1982 Repeal of section 14 (2)
Act 10 of 1983 (Qwaqwa) National Library Service Act, 1983 Repeal of section 14 (2)
Act 56 of 1985 National Libraries Act, 1985 Repeal of the whole
Act 7 of 1991 (Lebowa) Central Library Service Act, 1991 Repeal of section 17
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