Africa Institute of South Africa Act Repeal Act, 2013 (Act No. 21 of 2013)

3. Transitional measures, savings and dissolution of Council of Institute
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(1)The Minister must stipulate, by notice in the Gazette, the date on which all assets, liabilities, rights and obligations of the Institute are transferred to the Council.

 

(2)On the date contemplated in subsection (1)—
(a)all assets, liabilities, rights and obligations of the Institute are transferred to the Council, which acquires all such assets, liabilities, rights and obligations;
(b)the Council becomes the owner of all movable and immovable property owned by the Institute without formal transfer, except in the case of immovable property, and without payment of any fees, other monies or costs;
(c)the Council is substituted as litigating party for the Institute in all pending litigation, including arbitrations, labour disputes and medications, as if the Council had been a litigant at the time the cause of action arose;
(d)the Council is substituted as contracting party for the Institute in all contracts, as if the Council had been a contracting party at the time of contracting; and
(e)all financial instruments of the Institute existing prior to that date are deemed to have been issued by the Council.

 

(3)The Minister must stipulate, by notice in the Gazette, the date on which all employees of the Institute are transferred to the Council.

 

(4)
(a)On the date contemplated in subsection (3) all employees of the Institute are transferred to the Council in accordance with section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995).
(b)From the said date all those employees are employed by the Council on the same terms and conditions of employment, including remuneration and other benefits, as those which applied to such employees' previous employment with the Institute.

 

(5)The Council of the Institute, established by section 4(1) of the Africa Institute of South Africa Act, 2001 (Act No. 68 of 2001), is hereby dissolved.