National Youth Development Agency Act, 2008 (Act No. 54 of 2008)21. Transitional provisions |
| (1) | In order to effect the transitional arrangements envisaged in this section, representations must made to the Minister of Finance for the dissolution of Umsobomvu Youth Fund as a section 21 company in terms of the Companies Act, 1973 (Act No. 61 of 1973) and the classification of the Agency as a public entity. |
| (2) | As soon as possible after this Act takes effect the President must, in consultation with the Minister of Finance,— |
| (a) | transfer the assets, rights, obligations and liabilities of Umsobomvu Youth Fund and the National Youth Commission to the Agency; and |
| (b) | subject to section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), transfer staff of Umsobomvu Youth Fund and the National Youth Commission to the Agency. |
| (3) | A person transferred to the Agency remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the transfer date. |
| (4) | Any proceedings pending against such person immediately before the transfer date must be disposed of as if that person had not been transferred. |
| (5) | For purposes of Income Tax, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when employment is taken up at the Agency by a person contemplated in subsection (1). |
| (6) | The Registrar of Deeds must make the necessary entries and endorsement for the transfer of any property in terms of subsection (1) and no office fee or any other charge is payable in respect of that entry or endorsement. |
| (7) | This Act does not affect the validity of any transaction, project, business deal and programmes which were already undertaken or pending by Umsobomvu Youth Fund and National Youth Commission before the fixed dated. |
| (8) | The operations of Umsobomvu Youth Fund and the National Youth Commission must be dealt with as if this Act had at all times been in force. |
| (9) | In order to implement this Act, the President must on the recommendation of Parliament appoint a task team of consultants to perform joint audits in respect of personnel, budgets, finances, information management and equipment of Umsobomvu Youth Fund and National Youth Commission. |
| (10) | The President must report to Parliament on the progress of the task team. |