New legislation – January/February 2019

February 1st, 2019
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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 1 November – 28 December 2018

Bills

Foreign Service Bill B35A of 2015.

Foreign Service Bill B35B of 2015.

Administrative Adjudication of Road Traffic Offences Amendment Bill B38C of 2015.

Administrative Adjudication of Road Traffic Offences Amendment Bill B38D of 2015.

Civil Union Amendment Bill 11A of 2018.

Civil Union Amendment Bill 11B of 2018.

Performers’ Protection Amendment Bill B24B of 2016.

Cybercrimes Bill B6B of 2017.

Traditional Leadership and Governance Framework Amendment Bill B8C of 2017.

Traditional Leadership and Governance Framework Amendment Bill B8D of 2017.

Copyright Amendment Bill B13B of 2017.

National Health Laboratory Service Amendment Bill B15C of 2017.

National Health Laboratory Service Amendment Bill B15D of 2017.

Road Accident Benefit Scheme Bill B17A of 2017.

Road Accident Benefit Scheme Bill B17B of 2017.

iKamva Digital Skills Institute Bill B10B of 2018.

National Gambling Amendment Bill B27B of 2018.

Child Justice Amendment Bill B32A of 2018.

Child Justice Amendment Bill B32B of 2018.

Science and Technology Laws Amendment Bill B42 of 2018.

National Sport and Recreation Amendment Bill B43 of 2018.

Civil Aviation Amendment Bill B44 of 2018.

Postal Services Amendment Bill B45 of 2018.

Carbon Tax Bill B46 of 2018.

Regulation of Gatherings Amendment Bill B47 of 2018.

Promulgation of Acts

Public Audit Amendment Act 5 of 2018. Commencement: See s 18 for commencement dates. GN1260 GG42045/20-11-2018 (also available in Afrikaans).

Extension of Security of Tenure Amendment Act 2 of 2018. Commencement: To be proclaimed. GG42046/20-11-2018 (also available in Afrikaans).

Labour Laws Amendment Act 10 of 2018. Commencement: To be proclaimed. GN1305 GG42062/27-11-2018 (also available in Afrikaans).

National Minimum Wage Act 9 of 2018. Commencement: 1 January 2019 (see below). GN R1303 GG42060/27-12-2018 (also available in Tshivenda).

Basic Conditions of Employment Amendment Act 7 of 2018. Commencement: The Act came into effect immediately after the National Minimum Wage Act 9 of 2018. GN1302 GG42059/27-11-2018 (also available in Afrikaans).

Labour Relations Amendment Act 8 of 2018. Commencement: To be proclaimed. GN1304 GG42061/27-11-2018 (also available in Afrikaans).

Commencement of Acts

Labour Relations Amendment Act 8 of 2018. Commencement: 1 January 2018. GN R1377 GG42103/12-12-2018 (also available in Afrikaans).

National Minimum Wage Act 9 of 2018 (except s 17(4)). Commencement: 1 January 2019. GN R1378 GG42104/12-12-2018 (also available in Afrikaans).

Selected list of delegated legislation

Allied Health Professions Act 63 of 1982

Fees payable by students, interns and practitioners. BN176 GG42068/30-11-2018.

Auditing Professions Act 26 of 2005

Amendment of the Code of Professional Conduct for Registered Auditors. BN171 GG42037/16-11-2018.

Basic Conditions of Employment Act 75 of 1997

Amendment of Sectoral determination 7: Domestic Worker Sector. GN1332. GG42077/3-12-2018 (also available in isiZulu).

Amendment of Regulations. GN1402 GG42124/19-12-2018.

Broad-Based Black Economic Empowerment Act 53 of 2003

Codes of good practice on Broad-Based Black Economic Empowerment: Defence Sector Code. GN1223 GG42021/9-11-2018.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Regulation on IOD/OD documents to be provided by employers to Compensation Fund. GN1217 GG42021/9-11-2018.

Employer registration form. GN1386 GG42113/14-12-2018.

Application for change of nature of a business. GN1387 GG42113/14-12-2018.

Audit of return of earnings. GN1385 GG42113/14-12-2018.

Annual increase in medical tariffs for medical service providers. GenN807 GG42112/14-12-2018.

Competition Act 89 of 1998

Amendment of the rules for conduct of proceedings in the Competition Commission (merger fees). GN1336 GG42082/4-12-2018.

Construction Industry Development Board Act 38 of 2000

Standard for minimum requirements for engaging contractors and sub-contractors on construction works contracts. GenN688 GG42021/9-11-2018.

Standard for health and safety plans and auditing requirements. GenN689 GG42021/9-11-2018.

Continuing Education and Training Act 16 of 2006

Conditions for the disposal of and alienation of movable assets by Technical and Vocational Education and Training Colleges. GN1368 GG42100/14-12-2018.

Electronic Communications Act 36 of 2005

Amendment of the Processes and Procedures Regulations for Individual Licences. GenN767 GG42087/5-12-2018.

Health Professions Act 56 of 1974

Amendment of the rules relating to the registration by medical practitioners and dentists of additional qualifications. BN172 GG42037/16-11-2018.

Higher Education Act 101 of 1997

Amendment of the minimum admission requirements for Higher Certificate, Diploma and Bachelor’s Degree programmes requiring a National Senior Certificate. GN1309 GG42068/30-11-2018.

Minimum admission requirements for Higher certificate, Diploma and Degree programmes requiring a National Certificate (Vocational) at Level 4 of National Qualifications Framework. GN1345 GG42092/7-12-2018.

Amendment of the minimum admission requirements for entry into Bachelor’s Degree Programmes for holders of the National Senior Certificate. GN1369 GG42100/14-12-2018.

Housing Consumers Protection Measures Act 95 of 1998

Owner builder exemption application form. BN174 GG42068/30-11-2018.

Immigration Act 13 of 2002

First Amendment of the Immigration Regulations, 2014.  GN R1328 GG42071/29-11-2018.

Interim Protection of Informal Land Rights Act 31 of 1996

Extension of application of provisions to 31 December 2019. GN1384 GG42111/14-12-2018 (also available in Afrikaans).

Judges’ Remuneration and Conditions of Employment Act 47 of 2001

Determination of salaries and allowances of judges. GN1379 GG42107/13-12-2018.

Labour Relations Act 66 of 1995

Rules for the conduct of proceedings before Commission for Conciliation, Mediation and Arbitration (CCMA). GenN776 GG42092/7-12-2018.

Picketing Regulations. GN R1393 GG42121/19-12-2018 (also available in Afrikaans).

Guidelines on balloting for strikes or lockouts issued in terms of s 95(9). GN R1397 GG42121/19-12-2018.

Repeal of the Code of Good Practice on the handling of sexual harassment cases. GN R1394 GG42121/19-12-2018.

Legal Practice Act 28 of 2014

Suspension of the code of conduct for legal practitioners, candidate legal practitioners and juristic entities. GenN703 GG42035/14-11-2018.

Amendment to rule 16 of the rules published in terms of the Act: Election of provincial councils. GenN812 GG42127/21-12-2018.

Local Government: Municipal Systems Act 32 of 2000

Upper limits of total remuneration packages payable to municipal managers and managers directly accountable to municipal managers. GN1224 GG42023/8-11-2018.

Mining Charter, 2018

Amendment of the Mining Charter. GN1398 GG42118/19-12-2018.

Implementation guidelines. GN1399 GG42122/19-12-2018.

Amendment of the Broad-Based Socio-Economic Empowerment Charter for Mining and Minerals, 2018. GN1421 GG42130/20-12-2018.

National Education Policy Act 27 of 1996

Approval of the policy on home education. GN1239 GG42037/16-11-2018.

National Environmental Management Act 107 of 1998

Department of Minerals and Energy Third Edition Environmental Management Plan (2016/2020). GN1192 GG42010/2-11-2018.

National Minimum Wage Act 9 of 2018

Regulations. GN1401 GG42124/19-12-2018.

National Road Traffic Act 93 of 1996

Exemption of motor vehicles (transporting ISO containers) that do not comply with height restriction from 2 January 2019 to 1 January 2020. GN1392 GG42120/19-12-2018.

Pharmacy Act 53 of 1974

Fees payable to the South African Pharmacy Council. BN170 GG42016/2-11-2018.

Project and Construction Management Professions Act 48 of 2000

Fees and charges. BN177 GG42081/4-12-2018.

Promotion of National Unity and Reconciliation Act 34 of 1995

Amendment of regulations relating to assistance to victims in respect of higher education and training. GN R1373 GG42101/14-12-2018.

Property Valuation Act 17 of 2014

Regulations. GN R1321 and GN R1322 GG42064/30-11-2018.

Protection of Personal Information Act 4 of 2013

Regulations relating to the protection of personal information, 2018. GN R1383 GG42110/14-12-2018 (also available in Afrikaans).

Public Finance Management Act 1 of 1999

Rate on interest on government loans from 1 January 2019 (10,25%). GenN817 GG42139/28-12-2018.

Remuneration of Public Office Bearers Act 20 of 1998

Determination of salaries and allowances of deputy president, ministers and deputy ministers of 2018/2019. Proc37 GG42107/13-12-2018.

Determination of salaries and allowances of members of National Assembly and permanent delegates to the National Council of Provinces. Proc38 GG42107/13-12-2018.

Determination of upper limit of salaries of premiers, members of executive councils and members of provincial legislatures of 2018/2019. Proc39 GG42107/13-12-2018.

Determination of upper limits of salaries, allowances and benefits of different members of municipal councils. GN1426 GG42134/21-12-2018.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the rules regulating conduct of proceedings of Supreme Court of Appeal (r 18). GN R1318 GG42064/30-11-2018 (also available in Afrikaans).

Skills Development Act 97 of 1998

Sector Education and Training Authorities (SETAs) Workplace Based Learning Programme Agreement Regulations, 2018. GN1241 GG42037/16-11-2018.

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for Ngwelezane. GN1216 GG42021/9-11-2018.

Societies for the Prevention of Cruelty to Animals Act 169 of 1993

National Council of Societies for the Prevention of Cruelty to Animals: Amendment of Rules. BN182 GG42100/14-12-2018.

South African Police Service Act 68 of 1995

Amendment of regulations. GN1266 GG42053/23-11-2018.

South African Reserve Bank Act 90 of 1989

Amendment of the directive for conduct within National Payment System in respect of the collection of payment instructions for authenticated collections. GenN801 GG42100/14-12-2018.

Special Investigating Units and Special Tribunals Act 74 of 1996

Referral of matters to existing special investigating unit and special tribunal. Proc R36 GG42101/14-12-2018.

State Attorney Act 56 of 1957

Establishment of Mpumalanga Branch Office. GN R1429 GG42140/28-12-2018 (also available in Afrikaans).

Tax Administration Act 28 of 2011

Incidences of non-compliance by a person that are subject to a fixed amount penalty. GN1372 GG42100/14-12-2018 (also available in Afrikaans).

Tourism Act 3 of 2014

National Grading System for Tourism. GenN678 GG42010/2-11-2018.

Unemployment Insurance Act 63 of 2001

Amendment of the Unemployment Insurance Act Regulations. GN R1434 GG42140/28-12-2018.

Draft delegated legislation

National norms and standards for the Management of Elephants in South Africa in terms of the National Environmental Management: Biodiversity Act 10 of 2004 for comment. GN1208 GG42015/2-11-2018.

Proposed amendment of regulations relating to farm feeds in terms of the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947. GN1213 GG42021/9-11-2018.

Draft International Mobile Telecommunication (IMT) Roadmap in terms of the Electronic Communications Act 36 of 2005 for comment. GenN683 GG42021/9-11-2018.

Amendment of reg 15 of the Competition Commission Rules in terms of the Competition Act for comment. GN1227 GG42030/12-11-2018.

Addendum on the recognition of qualifications of asylum seekers and refugees in terms of the National Qualifications Framework Act 67 of 2008 for comment. GN1256 GG42041/16-11-2018.

Proposed Amendment of Regulations Relating to Farm Feeds Undesirable Substances in terms of the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947. GN1237 GG42037/16-11-2018.

Proposed Amendments to the Listing Requirements of ZAR X in terms of the Financial Markets Act 19 of 2012. BN173 GG42037/16-11-2018.

Revised fees for CIPC services in terms of the Companies Act 71 of 2008 for comment. GN1296 GG42053/23-11-2018.

Proposed levies on medical schemes in terms of the Council for Medical Schemes Levies Act 58 of 2000. GenN766 GG42084/5-11-2018.

Proposed repeal of staff regulations in terms of the Land Bank and Agricultural Development Act 15 of 2002. GN1348 GG42092/7-12-2018.

Proposed amendments to the listing requirements of Equity Express Securities Exchange (EESE) in terms of the Financial Markets Act 19 of 2012. BN181 GG42092/7-12-2018.

Veterinary Procedural Notice for African Horse Sickness Control in South Africa in terms of the Animal Diseases Act 35 of 1984 for comment. GenN770 GG42092/7-12-2018.

Proposed revised s 321 of the code of professional conduct for registered auditors in terms of the Auditing Profession Act 26 of 2005. BN179 GG42092/7-12-2018.

Draft amendment of the regulations for matters relating to the functions of the National Consumer Tribunal and rules for conduct of matters before the Tribunal in terms of the National Credit Act 34 of 2005. GN1364 GG42092/7-12-2018.

Draft Conformity Assessment Framework for Equipment Authorisation in terms of the Independent Communications Authority of South Africa Act 13 of 2000. GN1381 GG42108/13-12-2018.

Draft ordering system specification for number portability in terms of the Electronic Communications Act 36 of 2005. GN1382 GG42109/13-12-2018.

Draft sports broadcasting services amendment regulations, 2018 in terms of the Independent Communications Authority of South Africa Act 13 of 2000. GN1388 GG42115/14-12-2018.

Amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R1375 GG42101/14-12-2018.

Draft Price Discrimination Regulations in terms of the Competition Act 89 of 1998. GN1423 GG42133/21-12-2018.

Draft amended Code of conduct for legal practitioners, candidate legal practitioners and juristic entities in terms of the Legal Practice Act 28 of 2014. GenN813 GG42127/21-12-2018.

Draft regulations on the employment of foreign nationals in terms of the Employment Services Act 4 of 2014. GN R1433 GG42140/28-12-2018.

Draft regulations on the registration of private employment agencies and temporary employment services in terms of the Employment Services Act 4 of 2014. GN R1432 GG42140/28-12-2018.

Draft regulations on the registration of public employment agencies in terms of the Employment Services Act 4 of 2014. GN R1431 GG42140/28-12-2018.

Draft regulations on the registration of work seekers in terms of the Employment Services Act 4 of 2014. GN R1430 GG42140/28-12-2018.

Draft Bills

Draft Expropriation Bill. GN1409 GG42127/21-12-2018.

This article was first published in De Rebus in 2019 (JanFeb) DR 43.