New legislation – October 2020

October 1st, 2020
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Legislation published from 2 – 28 August 2020

 

Bills

Financial Sector Laws Amendment Bill B15 of 2020.

 

Promulgation of Acts

Adjustments Appropriation Act 11 of 2020. Commencement: 18 August 2020. GN893 GG43624/18-8-2020 (also available in Setswana).

Division of Revenue Amendment Act 10 of 2020. Commencement: 7 August 2020. GN873 GG43605/7-8-2020 (also available in isiXhosa).

Defence Amendment Act 6 of 2020. Commencement: To be proclaimed. GN874 GG43606/7-8-2020 (also available in isiZulu).

National Minimum Wage Amendment Act 3 of 2020. Commencement: 7 August 2020. GN871 GG43603/7-8-2020 (also available in Tshivenda).

National Public Health Institute of South Africa Act 1 of 2020. Commencement: To be proclaimed. GN872 GG43604/7-8-2020 (also available in Sepedi).

 

Selected list of delegated legislation

Architectural Profession Act 44 of 2000

Final Guidelines and Framework for Professional Fees. BN91 GG43591/7-8-2020.

Broad-Based Black Economic Empowerment Act 53 of 2003

Determination of the address of the Broad-Based Black Economic Empowerment Commission. GenN428 GG43591/7-8-2020.

Companies Act 71 of 2008

Business Rescue Continuing Professional Development Policy. GN882 GG43613/14-8-2020.

Copyright Act 98 of 1978

Non-renewal of the Independent Music Performance Rights Association’s accreditation as a collecting society. GN857 GG43591/7-8-2020.

Deeds Registries Act 47 of 1937

Amendment of regulations. GN R884 GG43614/14-8-2020 (also available in Afrikaans).

Disaster Management Act 57 of 2002

  • Agriculture, land reform and rural development

Directions regarding spatial planning, land use management and land development processes. GenN431 GG43598/7-8-2020 (also available in Afrikaans).

  • Education

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19: Re-opening of schools under Alert Level 3. GenN411 GG43578/2-8-2020.

  • Employment and labour

COVID-19 temporary employee/employer relief scheme (C19 TERS) direction, 2020. GN R878 GG43611/13-8-2020.

  • Environment, forestry and fisheries

Amendment of the directions to address, prevent and combat the spread of COVID-19 in the biodiversity sector. GN870 GG43602/7-8-2020.

  • Healthcare

Directions in respect of measures to prevent and combat the spread of COVID-19 in the health sector. GN R868 GG43600/7-8-2020.

  • General regulations

Directions in terms of reg 3(3) of the regulations made under subs 2(7): Criteria that will guide the determination of alert levels. GN R867 GG43599/7-8-2020.

Determination of Alert Level 2 (COVID-19 lockdown) in terms of reg 3(1). GN891 GG43620/17-8-2020.

  • Home Affairs

Amendment of the directions in respect of measures to prevent and combat the spread of COVID-19 in Home Affairs services. GN923 GG43650/25-8-2020.

  • Social development

Amendment of the directions issued in terms of reg 4(5) in respect of measures to prevent and combat the spread of COVID-19: Temporary disability grants and the review procedure regarding the rejected applications of the COVID-19 social relief of distress grant and related matters. GN853 GG43588/6-8-2020.

  • Sports, arts and culture

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 in the sports, arts and culture: Allowing sporting events, training and matches to resume and allowing the opening of libraries, museums, cinemas, theatres, galleries and archives. GN852 GG43584/6-8-2020.

Amendment of directions regarding measures to prevent and combat the spread of COVID-19 in sport, arts and culture. GN943 GG43667/28-8-2020.

  • State of disaster

Extension of National State of Disaster (COVID-19) to 15 September 2020. GN889 GG43616/15-8-2020.

  • Tourism

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 in the tourism industry. GenN414 GG43585/6-8-2020.

Amendment of the directions on the risk adjusted strategy for tourism facilities, services and products and guidelines to prevent and combat spread of COVID-19. GenN452 GG43653/25-8-2020.

  • Transport

Amendment of directions on measures to prevent and combat the spread of COVID-19 in public transport services. GN925 GG43652/25-8-2020.

Amendment of the directions on measures to address, prevent and combat the spread of COVID-19 in air services. GN924 GG43651/25-8-2020.

Amendment of measures to address, prevent and combat the spread of COVID-19 at sea ports. GN895 GG43629/20-8-2020.

Electronic Communications Act 36 of 2005

Commencement date of the Regulations on the use of television white spaces, 2018: 1 April 2021. GenN438 GG43617/17-8-2020.

Financial Sector Regulation Act 9 of 2017

Amendment of the Regulations. GN850 GG43581/5-8-2020 (also available in Setswana).

Financial Services Board Act 97 of 1990

Levies on financial institutions. GenN443 GG43626/19-8-2020.

International Trade Administration Act 71 of 2002

Guidelines and conditions relating to extension of safeguard measures. GenN447 GG43636/21-8-2020.

Labour Relations Act 66 of 1995

List of bargaining councils that have been accredited by the Commission for Conciliation, Mediation and Arbitration. GenN453 GG43660/28-8-2020.

Local Government: Municipal Finance Management Act 56 of 2003

Exemption of municipalities and municipal entities for the 2019/2020 financial year, from complying with the deadlines in subss 126(1) and (2), 127(1) and (2), 129(1) and 133(2). GN851 GG43582/5-8-2020.

National Education Policy Act 27 of 1996

Amended 2020 school calendar for public schools. GenN432 GG43609/11-8-2020.

National Environmental Management Act 107 of 1998

Amendment of the section 24H Registration Authority Regulations, 2016. GN906 GG43632/21-8-2020.

National Environmental Management: Biodiversity Act 10 of 2004

Amendments to Appendices I and II of the Convention of International Trade in Endangered Species of Wild Fauna and Flora. GN919 GG43643/24-8-2020.

National Health Laboratory Services Act 37 of 2000

Determination of 1 September 2020 as the date on which the Act shall apply to the Forensic Chemistry Laboratories under the control of the Department of Health. Proc R28 GG43661/28-8-2020.

Planning Profession Act 36 of 2002

Manual for calculation of guideline professional fees by registered persons. GenN429 and GenN430 GG43596/7-8-2020.

Project and Construction Management Professions Act 48 of 2000

Amendment of fees and charges for 2020. BN99 GG43638/21-8-2020.

Amendment of the professional registration certificate. BN101 GG43660/28-8-2020.

Public Finance Management Act 1 of 1999

Rate of interest on government loans from 1 September 2020 (7% per annum). GenN456 GG43660/28-8-2020.

Statement of national revenue, expenditure and borrowings as at 31 July 2020. GenN462 GG43663/28-8-2020.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the rules of the Supreme Court of Appeal, the High Court and the Magistrate’s Courts of South Africa: Fees and tariffs. GN R858 GG43592/7-8-2020 (also available in Afrikaans).

Sectional Titles Act 95 of 1986

Amendment of regulations. GN R883 GG43614/14-8-2020 (also available in Afrikaans).

Special Investigating Units and Special Tribunals Act 74 of 1996

Amendment of the rules for the conduct of proceedings in special tribunals. GenN449 GG43647/25-8-2020.

 

Draft Bills
  • Draft Victim Support Services Bill. GN856 GG43591/7-8-2020.

 

Draft delegated legislation
  • Amendment of the Plastic Carrier Bags and Plastic Flat Bags Regulations of 2003 in terms of the National Environmental Management Act 107 of 1998 for comment. GN869 GG43601/7-8-2020.
  • Draft Antarctic Treaties Regulations in terms of the Antarctic Treaties Act 60 of 1996 for comment. GN854 GG43591/7-8-2020.
  • Declaration of certain printing industry activities as controlled emitters and establishment of emission standards in terms of the National Environmental Management: Air Quality Act 39 of 2004 for comment. GN855 GG43591/7-8-2020.
  • Draft dispensing fee to be charged by persons licensed in terms of subs 22C(1)(a) of the Medicines and Related Substances Act 101 of 1965 for comment. GN R886 GG43614/14-8-2020.
  • Product Control for Agriculture: Proposed inspection fees for all fresh fruit and vegetables in terms of the Agricultural Product Standards Act 119 of 1990 for comment. GenN434 GG43613/14-8-2020.
  • Annual single exit price adjustment of medicines and scheduled substances for 2021 in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN R885 GG43614/14-8-2020.
  • Draft National List of Occupations in High Demand, 2020 in terms of the Skills Development Act 97 of 1998 for comment. GN892 GG43621/17-8-2020.
  • Draft Code of Good Practice on Prevention and Elimination of Violence and Harassment in World of Work in terms of the Employment Equity Act 55 of 1998 for comment. GN896 GG43630/20-8-2020.
  • Amendment of rules relating to the registration by medical practitioners and dentists of additional qualifications in terms of the Health Professions Act 56 of 1974 for comment. BN97 GG43632/21-8-2020.
  • Proposed amendments to Code of Professional Conduct for Registered Auditors in terms of the Auditing Profession Act 26 of 2005 for comment. BN96 GG43632/21-8-2020.
  • Regulations relating to a transparent pricing system for medicines and scheduled substance (draft dispensing fee for pharmacists) in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN R914 GG43633/21-8-2020.
  • Regulations relating to the scope of the profession of radiography in terms of the Health Professions Act 56 of 1974 for comment. GN907 GG43632/21-8-2020.
  • Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, all provincial departments of education, all education district offices and all in South Africa in terms of the Disaster Management Act 57 of 2002 for comment. GenN448 GG43642/21-8-2020.
  • Amendment of the Ethical Rules of Conduct for Practitioners registered under the Health Professions Act 56 of 1974 for comment. BN98 GG43632/21-8-2020.
  • Draft technical guidelines for validation and verification of greenhouse gas emissions in terms of the National Environmental Management: Air Quality Act 39 of 2004 for comment. GN920 GG43644/24-8-2020.
  • Proposed regulations regarding fees for the provision of aviation meteorological services in terms of the South African Weather Service Act 8 of 2001 for comment. GN927 GG43655/26-8-2020.
  • Amendment of the rules relating to good pharmacy practice in terms of the Pharmacy Act 53 of 1974 for comment. BN100 GG43660/28-8-2020.

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

This article was first published in De Rebus in 2020 (Oct) DR 36.