National Archives of South Africa

NATIONAL ARCHIVES REGULATIONS

JANUARY 1997

PART I

DEFINITIONS

1. In these regulations any term to which a meaning has been assigned by the National Archives Act, 1996 (Act No. 43 of 1996), shall have the meaning so assigned to it and, unless the context otherwise indicates -

"Act" means the National Archives Act, 1996 (Act No. 43 of 1996);

"chairperson" means the chairperson of the National Archives Commission contemplated in regulation 41;

"committee" means a committee of the Commission appointed in terms of Section 6(5) of the Act;

"head of an archives repository" means the chief executive officer of an archives repository or the person who is acting as such;

"secretary" means the secretary of the Commission appointed in terms of section 7(1) of the Act;

"strongroom" means a room or place in an archives repository where records are stored;

"transfer" means the transfer of public records from a governmental body to an archives repository in terms of section 11(2) and 13(2)(a) of the Act;

"user" means a member of the public consulting records in an archives repository.

PART II

TRANSFER OF PUBLIC RECORDS

2. The transfer of public records may take place on the initiative of either the National Archivist of the head of the governmental body under whose control those records fall.
3. The National Archivist may enter into an agreement with the head of a governmental body for the planned and systematic transfer of public records.
4. When a governmental body wishes to transfer public records, the head of such a body shall submit a written request to do so to the head of the archives repository concerned, subject to the following conditions:

1. Where such records are covered by a disposal authority, this request must include -

1. a duplicate transfer list of such records in which each item is identified by reference number, description and opening and closing dates; and
2. an indication of the extent of such records in linear metres; and

2. where such records are not covered by a disposal authority, this request must include -

1. a summarised identification of such records by type, period and office of origin;
2. an indication of the nature of the records classification system, whether such system was approved by the National Archivist, and whether such system is still in use; and
3. an indication of the extent of such records in linear metres.

5. A governmental body may transfer public records to an archives repository only after receiving written authorization to do so from the head of such repository. A written authorization referred to in section 13(2)(a) of the Act may provide specific instructions to be followed by the governmental body.
6. In addition to any special condition which may apply to any transfer -

1. the public records concerned shall be deposited in the archives repository determined by the National Archivist;
2. the public records concerned must be ordered precisely in accordance with the transfer list contemplated in regulation 4(a)(i);
3. containers or packages used for the transfer must be clearly labeled in the sequence determined by the transfer list; and
4. receipt of the transfer shall be acknowledged by the dispatch to the governmental body concerned of an endorsed copy of the transfer list.

7. Subject to such conditions as the head of an archives repository may determine, public records in the custody of the National Archives may be returned temporarily to the governmental body, or such body's legal successor, which transferred them to the National Archives:

1. Provided that those records shall be returned to the archives repository concerned within sixty days of receipt, unless the head of that repository has authorised an extended period in writing.

8. All costs relating to the transfer and temporary return of public records as provided for in regulations 2 to 7 shall be borne by the governmental body transferring the records to or borrowing the records from the National Archives.

PART III

ACCESS AND USE

9. Consultation of records in an archives repository shall take place in the reading rooms of that repository.
10. Any member of the public may be admitted to the strongrooms of an archives repository with the approval of the head of such repository and subject to the conditions laid down by such head.
11. Any member of the public admitted to a strongroom or other place in an archives repository where records are stored or processed shall not eat, drink, smoke, strike a match, use a lighter, or carry any bag, receptable or any other container.
12. The head of an archives repository may require a user to -

1. present his or her identity document or passport;
2. record in the repository's user register -

1. the subject of his or her research;
2. the purpose of the research;
3. his or her permanent residential address;
4. such other information as the head of the archives repository may require;

3. notify the head of any subsequent changes to the information contemplated in paragraph (b); and
4. sign the repository's user register.

13. (1) The head of an archives repository may deny a user access to a reading room

1. if such person contravenes these regulations; or
2. on account of that user's persistent improper conduct.

(2) Such denial of access must as soon as possible be reported in writing to the National Archivist.

14. Reading rooms of archives repositories shall be open to users at such time as the National Archivist may determine.
15. A user shall write and sign his/her name in a register provided for the purpose every day on which records are consulted.
16. A user shall request the delivery of records to a reading room for consultation in writing using a form, following a procedure, and at times prescribed by the National Archivist.
17. The head of an archives repository shall determine the number of records which may be consulted simultaneously by a user.
18. (1) When consulting records a user shall observe all instructions pertaining to the handling of records laid down by the head of an archives repository.

(2) Without limiting the generality of subregulation (1) -

1. the greatest care in handling records shall at all times be exercised;
2. the order of records shall not be disturbed;
3. any damage to a record or disturbance in the order of records caused or discovered by a user shall be reported to the reading room supervisor;
4. writing or making of any mark on any record is prohibited;
5. the use of fountain pens is prohibited; and
6. no bags, receptacles or containers of any kind may be retained in a reading room.

19. The head of an archives repository may prohibit the copying of a record if such copying might damage the record.
20. The head of an archives repository may limit the length of time for which a user may utilize a copying machine, computer terminal or other facility provided by that repository.
21. The head of an archives repository may provide members of the public with copies of records, provided that the head may impose a limit on the number of copies.
22. Members of the public shall pay for any copies of records made in an archives repository according to the tariffs determined by the National Archivist.

PART IV

MANAGEMENT OF RECORDS

23. The head of a governmental body is responsible for ensuring that all records of such body -

1. receive appropriate physical care;
2. are protected by appropriate security measures; and
3. are managed in terms of standing orders of that body.

24. The head of a governmental body shall supply the National Archivist with such information related to the management of records under his/her control as the National Archivist may require.
25. The head of a governmental body shall comply with all directives and instructions issued by the National Archivist and pertaining to the management and care of public records.
26. The appraisal of the records of a governmental body may take place on the initiative of either the National Archivist or the head of the governmental body concerned. In either case, the transfer to an archives repository, destruction or other disposal of such records shall be effected in terms of a disposal authority.
27. Procedures for the issuing of disposal authority shall be prescribed by the National Archivist in directives and instructions.
28. The preparation of records for destruction in terms of a disposal authority shall be done under the supervision of the records manager of the governmental body concerned.
29. Whenever records are destroyed in terms of a disposal authority, the head of a governmental body shall submit to the National Archivist a certificate of destruction as prescribed by the National Archivist unless an exemption from this obligation has been received from the National Archivist.
30. The head of a governmental body shall report to the National Archivist without delay all cases of serious damage, loss or unauthorized destruction of that body's records.
31. (1) No governmental body shall use a records classification system unless it has been approved by the National Archivist.

(2) Any application for the approval of a records classification system shall follow procedures prescribed by the National Archivist.

32. Any revision and addition to an approved records classification system shall be submitted to the National Archivist for approval in accordance with procedures prescribed by the National Archivist.
33. The head of a governmental body shall report to the National Archivist such body's intention to microfilm records or to introduce an electronic records system and such notification shall follow procedures prescribed by the National Archivist.
34. The official designated as the records manager of a governmental body in terms of section 13(5) of the Act shall -

1. be in possession of an appropriate university or technikon qualification, and/or have appropriate professional experience;
2. have successfully completed the National Archives' Records Management Course;
3. possess a thorough knowledge of the body's organizational structure, functions and records system; and
4. be responsible for promoting the effective, efficient and accountable management of the body's records and ensuring, by inspections and other means, the body's compliance with the Act and all other relevant legislation.

PART V

NATIONAL ARCHIVES COMMISSION

35. (1) The Minister shall appoint members of the Commission through a process of public nomination.

(2) The Minister shall, with a view to the appointment of the members referred to in subregulation (1), invite interested parties through the media and by notice in the Gazette to nominate candidates, within the period mentioned in the said notice, for appointment as such members.

36. In appointing a member of the Commission from the nominees, the Minister shall ensure that -

1. provincial interests are taken into account; and
2. the Commission reflects to a reasonable degree the demographic and gender realities of South Africa.

37. Subject to these regulations, a term of office of a member of the Commission shall be a period of five years.
38. (1) A person appointed in the place of a member who has vacated office, shall hold office for the unexpired term of office of the member in whose place he/she is appointed.

(2) The term of office contemplated in subregulation (1) shall not be considered as a term of office for the purposes of re-appointment under regulation 39.

39. Any person whose term of office as a member of the Commission has expired may be reappointed for one additional term.
40. The Minister may remove a member of the Commission from office if -

1. the member is absent from two consecutive ordinary meetings of the Commission without leave of such absence having been granted by the Commission; or
2. such removal is requested by at least two thirds of the other members of the Commission.

41. The Commission shall elect from among its members a chairperson and a deputy chairperson who shall hold office for as long as the Commission determines, but not later than the end of his/her current term of office as a member of the Commission.
42. An ordinary meeting of the Commission shall be held at least twice a year at such venue, date and time as the chairperson or, in the absence of a chairperson, the Minister shall determine.
43. (1) A special meeting of the Commission shall be held -

1. by order of the Minister; or
2. on a written request signed by at least half of the members of the Commission.

(2) The chairperson shall determine the venue, date and time of a special meeting.

44. The secretary shall dispatch the agenda of an ordinary meeting of the Commission at least six weeks prior to the date of the meeting to all members of the Commission.
45. The secretary shall dispatch the agenda of a special meeting of the Commission at least fourteen days prior to the date of such meeting.
46. At least half of the members of the Commission shall form a quorum of any meeting of the Commission.
47. The secretary shall record the minutes of a meeting of the Commission, and shall circulate the draft minutes among members.
48. The chairperson and the secretary shall sign the minutes at the next meeting of the Commission.
49. Decisions of the Commission shall be made by a majority vote, the chairperson having a deliberative vote and, in the event of an equality of votes, a casting vote, but the chairperson shall not be obliged to exercise his/her casting vote.
50. (1) A committee of the Commission shall elect a chairperson and, if necessary, a secretary for that committee from among its members.

(2) The chairperson of a committee shall -

1. determine the venue, date and time of a meeting of that committee;
2. table minutes of any meeting held by that committee since the last meeting of the Commission at the next ordinary meeting of the Commission; and
3. provide a verbal report of the activities of the committee at the latter meeting.

TITLE OF REGULATIONS

51. These regulations shall be called the National Archives Regulations.

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