In terms of Section 6(1) of the National Archives and Records Service Act (Act No.43 of 1996 as amended) the Minister of the Department of Sport, Arts and Culture shall by notice in the Gazette establish a council to be known as the National Archives Advisory Council.

In terms of Section 6 (2) of the Act the Council shall consist of -

(a) not more than six members appointed by the Minister from among persons who are knowledgeable of or have an interest in archival matters; and

(b) every chairperson of the various provincial councils advising on archives or, in the absence of such a provincial council, a representative for the province in question elected through a public and transparent process which shall be determined and overseen by the responsible member of the Executive Council of that province.