New legislation – January/February 2018

February 1st, 2018
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Philip Stoop BCom LLM (UP) LLD (Unisa) is an associate professor in the department of mercantile law at Unisa.

Legislation published from 31 October – 29 December 2017

 

Bills

Legal Practice Amendment Bill B11A of 2017.

Legal Practice Amendment Bill B11B of 2017.

Traditional and Khoi-San Leadership Bill B23A of 2015.

Traditional and Khoi-San Leadership Bill B23B of 2015.

Labour Relations Amendment Bill B29 of 2017.

Basic Conditions of Employment Amendment Bill B30 of 2017.

Minimum Wage Bill B31 of 2017.

Insurance Bill B1A of 2016.

Insurance Bill B1B of 2016.

Labour Relations Amendment Bill B32 of 2017.

Refugees Amendment Bill B12C of 2016.

Refugees Amendment Bill B12D of 2016.

Films and Publications Amendment Bill B37A of 2015.

Films and Publications Amendment Bill B37B of 2015.

Adjustments Appropriation Bill B25A of 2017.

Adjustments Appropriation Bill B25B of 2017.

Marine Spatial Planning Bill B9A of 2017.

Marine Spatial Planning Bill B9B of 2017.

Political Party Funding Bill B33 of 2017.

Choice on Termination of Pregnancy Amendment Bill B34 of 2017.

Electronic Deeds Registration Systems Bill B35 of 2017.

Repeal of the Overvaal Resorts Limited Bill B36 of 2017.

International Crimes Bill B37 of 2017.

 

Commencement of Acts

Justice Administered Fund Act 2 of 2017. Commencement: 1 April 2018. Proc R38 GG41273/24-11-2017.

Judicial Matters Amendment Act 8 of 2017, s 24. Commencement: 1 December 2017. Proc R39 GG41280/27-11-2017 (also available in Afrikaans).

Judicial Matters Amendment Act 14 of 2014, ss 2, 3 and 6. Commencement: 1 December 2017. Proc40 GG41287/1-12-2017.

Financial Services Laws General Amendment Act 45 of 2013, ss 95, 109(e), 109(k), 109(l), 114(d) and 135. Commencement: 1 January 2018. GN1438 GG41334/15-12-2017.

Maintenance Amendment Act 9 of 2015, ss 2, 11 and 13(b). Commencement: 5 January 2018. Proc R44 GG41352/21-12-2017 (also available in Afrikaans).

 

Promulgation of Acts

Rates and Monetary Amounts and Amendment of Revenue Laws Act 14 of 2017. Commencement: 14 December 2017. GN1426 GG41323/14-12-2017 (also available in Afrikaans).

Division of Revenue Amendment Act 10 of 2017. Commencement: 14 December 2017. GN1427 GG41324/14-12-2017 (also available in Setswana).

Adjustments Appropriation Act 12 of 2017. Commencement: 14 December 2017. GN1428 GG41325/14-12-2017 (also available in Sesotho).

Tax Administration Laws Amendment Act 13 of 2017. Commencement: 18 December 2017, unless other dates are provided for in the Act (see s 80 of this Act for more information). GN1450 GG41341/18-12-2017 (also available in Afrikaans).

Taxation Laws Amendment Act 17 of 2017. Commencement: 18 December 2017. GN1451 GG41342/18-12-2017 (also available in Afrikaans).

Refugees Amendment Act 11 of 2017. Commencement: This Act comes into operation immediately after the commencement of the Refugees Amendment Act 33 of 2008 and the Refugees Amendment Act 12 of 2011. GN1452 GG41343/18-12-2017 (also available in Afrikaans).

International Arbitration Act 15 of 2017. Commencement: 20 December 2017. GN1454 GG41347/20-12-2017 (also available in Afrikaans).

 

Selected list of delegated legislation

Agricultural Pests Act 36 of 1983

Amendment of the control measures set out in the schedules to the Act in order to prevent and combat the spreading of certain prohibited pests. GN R1271 GG41257/17-11-2017.

Amendment of control measures as set out in the schedules to the Act: Fees. GN R1416 GG41322/15-12-2017.

Air Traffic and Navigation Services Company Act 45 of 1993

Air traffic service charges. GenN988 GG41362/29-12-2017.

Allied Health Professions Act 63 of 1982

Fees payable increase. BN192 GG41321/15-12-2017.

Unprofessional conduct: Advising patients on thermography and mammography. BN193 GG41321/15-12-2017.

Animal Identification Act 6 of 2002

Amendment of regulations. GN1456 GG41350/22-12-2017.

Basic Conditions of Employment Act 75 of 1997

Amendment of sectoral determination 11: Taxi sector. GN1153 GG41218/1-11-2017.

Amendment of sectoral determination 7: Domestic Worker Sector. GN1429 GG41326/15-12-2017.

Amendment of sectoral determination 1: Contract Cleaning Sector. GN1430 GG41326/15-12-2017.

Broad-based Black Economic Empowerment Act 53 of 2003

Codes of good practice: Amendment of the Financial Sector Code. GN1325 GG41287/1-12-2017.

Codes of good practice: Amendment of the Construction Sector Code. GenN931 GG41287/1-12-2017.

Codes of good practice: Amendment of the AgriBEE Sector Code. GN1354 GG41306/8-12-2017.

Memorandum of Understanding between the Broad-Based Black Economic Empowerment Commission and the Companies and Intellectual Property Commission. GN1414 GG41321/15-12-2017.

Child Justice Act 75 of 2008

Amendments to the regulations relating to the Child Justice Act. GN R1337 GG41288/1-12-2017 (also available in Setswana).

Determination of persons or category or class of persons competent to conduct evaluations of the criminal capacity of children and allowances and remuneration. GN R1338 GG41288/1-12-2017 (also available in Setswana).

Civil Aviation Act 13 of 2009

Amendment of Regulations: Irrevocable de-registration and export request authorisation. GN1423-GN1425 GG41322/15-12-2017.

Companies Act 71 of 2008

Practice note 9: Service of subpoenas and other court documents on the CIPC. GN1211 GG41224/3-11-2017.

Practice note 8: Requirements for re-instatement of companies and close corporations. GN1213 GG41224/3-11-2017.

Regulations in terms of s 15. GN1164 GG41224/3-11-2017 (also available in Afrikaans).

Practice note 3: Business rescue filing procedure. GN1210 GG41224/3-11-2017.

Constitution of the Republic of South Africa, 1996

Transfer of the administration of the Executive Members’ Ethics Act 82 of 1998 to the Cabinet member responsible for the justice portfolio. Proc R34 GG41230/6-11-2017 (also available in Afrikaans).

Construction Industry Development Board Act 38 of 2000

Best practice project assessment scheme: Competence standard for contractors. GN1237 GG41237/10-11-2017.

Best practice project assessment scheme: Standard for minimum requirements for engaging contractors and sub-contractors on construction works contracts. GN1238 GG41237/10-11-2017.

Best practice project assessment scheme: Standard for contract participation goals for targeting enterprises and labour through construction works contracts. GN1239 GG41237/10-11-2017.

Electricity Regulation Act 4 of 2006

Licencing exemption and registration notice. GN1231 GG41237/10-11-2017 (also available in Afrikaans and isiZulu).

Electronic Communications and Transactions Act 25 of 2002

Amendment of the Alternative Dispute Regulations. GN1246 GG41237/10-11-2017 (also available in Afrikaans).

National e-strategy: Digital society South Africa. GenN887 GG41242/10-11-2017.

Financial Advisory and Intermediary Services Act 37 of 2002

Determination of fit and proper requirements for financial services providers, 2017. BN194 GG41321/15-12-2017.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Amendment of the regulations relating to health messages on container labels of alcoholic beverages. GN1458 GG41350/22-12-2017 (also available in isiXhosa).

Regulations relating to labelling, advertising and composition of cosmetics. GN R1469 GG41351/22-12-2017.

Genetically Modified Organisms Act 15 of 1997

Amendment of regulations: Fees. GN1400 GG41321/15-12-2017.

Health Professions Act 56 of 1974

Regulations defining the scope of the profession of speech-language therapy. GN1459 GG41350-22-12-2017.

Regulations relating to qualifications for the registration of radiographers. GN1457 GG41350/22-12-2017.

Higher Education Act 101 of 1997

Policy for the Post-School Education and Training Central Application Service. GN1224 GG41226/2-11-2017.

Insolvency Act 24 of 1936

Amendment of the third schedule to the Act. GN1163 GG41224/3-11-2017 (also available in Afrikaans).

Interim Protection of Informal Land Rights Act 31 of 1996

Extension of the Act for a further 12 months ending on 31 December 2018. GN1303 GG41270/24-11-2017 (also available in Sesotho).

Judges’ Remuneration and Conditions of Employment Act 47 of 2001

Determination of salaries and allowances of Constitutional Court judges and judges. GN1392 GG41314/8-12-2017.

Long-term Insurance Act 52 of 1998

Amendment of regulations made under s 72. GN1437 GG41334/15-12-2017.

Magistrates Act 90 of 1993

Salaries, allowances and benefits of magistrates. GN1391 GG41313/8-12-2017.

Marine Living Resources Act 18 of 1998

Amendment of regulations. GN1341 GG41291/1-12-2017.

Medical Schemes Act 131 of 1998

Declaration of irregular or undesirable practices: Voting and electoral practices. GenN943 GG41299/5-12-2017.

Medicines and Related Substances Act 101 of 1965

Registration of oral preparations containing bacterial strains. GN1256 GG41248/14-11-2017.

Regulations relating to a transparent pricing system for medicines and scheduled substances: Dispensing fee for pharmacists. GN1481 GG41362/29-12-2017.

National Credit Act 34 of 2005

Guideline for the submission of credit information in terms of reg 19(13). GenN873 GG41224/3-11-2017.

National Environmental Management: Protected Areas Act 57 of 2003

Norms and standards for the Inclusion of Private Nature Reserves in Register of Protected Areas of South Africa. GN1157 GG41224/3-11-2017.

Cultural heritage survey guidelines and assessment tools for protected areas in South Africa. GN1356 GG41306/8-12-2017.

National Health Act 61 of 2003

Emergency Medical Services Regulations. GN1320 GG41287/1-12-2017 (also available in isiZulu).

Regulations relating to surveillance and control of notifiable medical conditions. GN1434 GG41330/15-12-2017.

Occupational Health and Safety Act 85 of 1993

Code of practice for inshore diving in terms of the Diving Regulations, 2009. GN1235 GG41237/10-11-2017.

Guidance notes to the Pressure Equipment Regulations, 2009. GN1265 GG41256/17-11-2017.

Pharmacy Act 53 of 1974

Amendment of rules relating to what constitutes good pharmacy practice: Minimum standard for the sale of HIV self-screening test kits. BN184 GG41256/17-11-2017.

Plant Improvement Act 53 of 1976

Amendment of the regulations relating to establishments, varieties, plants and propagating material. GN1355 GG41306/8-12-2017.

Refugees Act 130 of 1998

New form for application for asylum. GN1232 GG41237/10-11-2017.

Remuneration of Public Office Bearers Act 20 of 1998

Salaries and allowances of members of the National Assembly and permanent delegates to the National Council of Provinces. Proc42 GG41313/8-12-2017.

Determination of upper limits of salaries and allowances of premiers, members of executive councils and members of provincial legislatures. Proc43 GG41313/8-12-2017.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court of South Africa (execution against immovable property). GN R1272 GG41257/17-11-2017 (also available in Afrikaans and isiXhosa).

Short-term Insurance Act 53 of 1998

Amendment of regulations. GN1439 GG41334/15-12-2017.

Skills Development Act 97 of 1998

Amendment of the SETA Standard Constitution Regulations. GN1312 GG41277/24-11-2017.

Spatial Data Infrastructure Act 54 of 2003

South African land cover classes and definitions approved in terms of the Act. GN1241 GG41237/10-11-2017.

Trust Property Control Act 57 of 1988

Amendment of regulations. GN1162 GG41224/3-11-2017 (also available in Afrikaans).

 

Draft Bills

Draft iKamva National e-Skills Institute Bill, 2017. GN1227 GG41233/8-11-2017.

Draft Postal Services Amendment Bill, 2017. GN1255 GG41246/10-11-2017.

Draft Labour Relations Amendment Bill, 2017, Basic Conditions of Employment Amendment Bill, 2017 and National Minimum Wage Bill, 2017 for comments. GN R1273-1275 GG41257/17-11-2017.

Draft Labour Relations Amendment Bill, 2017, Basic Conditions of Employment Amendment Bill, 2017 and National Minimum Wage Bill, 2017 for comments. GN R1277 GG41257/17-11-2017 (isiZulu version).

Draft Electronic Communications Amendment Bill. GN1293 GG41261/17-11-2017.

Draft Amendment to the Constitution of the Republic of South Africa, 1996 (redetermination of the geographical areas of certain provinces). GN1310 GG41276/24-11-2017.

Draft National Credit Amendment Bill, 2018. GenN922 GG41274/24-11-2017.

Draft Animal Protection Amendment Bill, 2017. GenN942 GG41289/30-11-2017.

Draft Competition Amendment Bill, 2017. GN1345 GG41294/1-12-2017.

Draft Land Survey Amendment Bill, 2017. GenN976 GG41350/22-12-2017.

 

Draft delegated legislation

Proposed period of amnesty to facilitate compliance with the provisions of ch 6 of the National Environmental Management: Biodiversity Act 10 of 2004 and the Bioprospecting, Access and Benefit Sharing Regulations, 2015 for comment. GN1155 GG41220/1-11-2017.

Proposed regulations pertaining to the financial provision for prospecting, exploration, mining or production operations in terms of the National Environmental Management Act 107 of 1998 for comment. GN R1228 GG41236/10-11-2017.

Amendment of the Regulations pertaining to the conduct, administration and management of the national senior certificate examination and the Regulations pertaining to the National Curriculum Statement Grades R – 12 to include pre-conditions for multiple examination opportunity in terms of the South African Schools Act 84 of 1996 for comment. GN1230 GG41237/10-11-2017; GN1251 GG41240/10-11-2017 and GN1249 GG41240/10-11-2017.

Amendment of regulations in terms of the Construction Industry Development Board Act 38 of 2000 for comment. GN R1229 GG41236/10-11-2017.

Draft determination in the schedule to the Act that sets out when a person or long-term insurer would not be complying with the principle of ‘equivalence of reward’ in terms of the Long-term Insurance Act 52 of 1998. BN181 GG41237/10-11-2017.

Biodiversity management plan for Bontebok (Damaliscus pygargus pygargus) in terms of the National Environmental Management: Biodiversity Act 10 of 2004 for comment. GenN889 GG41249/14-11-2017.

Repeal and replacement of ch 10 and annex M of the regulations pertaining to the conduct, administration and management of National Senior Certificate examination in terms of the South African Schools Act 84 of 1996. GN1257 GG41251/15-11-2017.

Proposed levies on medical schemes issued in terms of the Council for Medical Schemes Levies Act 58 of 2000. GenN899 GG41259/17-11-2017.

Amendment of the End-user and Subscriber Service Charter Regulations, 2016 in terms of the Electronic Communications Act 36 of 2005 for comment. GenN901 GG41263/17-11-2017.

Draft Code for Persons with Disabilities Regulations in terms of the Electronic Communications Act 36 of 2005 for comment. GenN902 GG41265/20-11-2017.

Draft Number Portability Regulations in terms of the Electronic Communications Act 36 of 2005. GN1309 GG41275/24-11-2017.

Amendment of regulations under the Extension of Security of Tenure Act 62 of 1997 for comment. GenN917 GG41270/24-11-2017.

Draft regulations relating to sexual offences courts in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. GenN921 GG41272/24-11-2017.

General regulations relating to bonusing in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN1321 GG41287/1-12-2017.

Regulations prescribing standards of generally recognised accounting practice in terms of the Public Finance Management Act 1 of 1999 for comment. GenN930 GG41287/1-12-2017.

Regulations relating to a transparent pricing system for medicines and scheduled substances: Review of guidelines for pharmacoeconomic submissions in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN1322 GG41287/1-12-2017.

Amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R1348 GG41297/4-12-2017.

Amendment of the Construction Industry Development Regulations, 2004 in terms of the Construction Industry Development Board Act 38 of 2000 for comment. GN R1339 GG41288/1-12-2014.

Draft Rural Education Policy in terms of the National Education Policy Act 27 of 1996. GN1406 GG41321/15-12-2107.

Convention on International Interests in Mobile Equipment Regulations, 2017 in terms of the Convention on International Interests in Mobile Equipment Act 4 of 2007 for comment. GN R1422 GG41322/15-12-2017.

Draft financial reporting pronouncement 1: Substantively enacted tax rates and laws under international financial reporting standards and international financial reporting standards for SMEs in terms of the Companies Act 71 of 2008. GN1446 GG41338/18-12-2017.

Draft financial reporting pronouncement 2 and 3: Accounting for Black Economic Empowerment transactions under international financial reporting standards in terms of the Companies Act 71 of 2008. GN1447 and GN1448 GG41338/18-12-2017.

Draft financial reporting pronouncement 4: Limit on defined benefit asset, minimum funding requirements and interaction under International Financial Reporting Standards in pension fund environment in terms of the Companies Act 71 of 2008. GN1445 GG41338/18-12-2017.

Draft regulations in terms of the Financial Sector Regulation Act 9 of 2017. GN1449 GG41340/18-12-2017 (also available in Sepedi).

Draft financial reporting pronouncement 5: Summary financial statements in terms of the Companies Act 71 of 2008. GN1444 GG41338/18-12-2017.

Intention of the Department of Rural Development and Land Reform to re-align and amend the definition of the areas of jurisdiction of the deeds registries in Johannesburg and Pretoria in terms of the Deeds Registries Act 47 of 1937. GN1466 GG41350/22-12-2017.

Guidance for issuing of licences for pharmacy premises in terms of the Pharmacy Act 53 of 1974. GN1476 GG41354/22-12-2017.

 This article was first published in De Rebus in 2018 (Jan/Feb) DR 46.

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