New legislation – September 2020

September 1st, 2020
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Legislation published from 2 – 31 July 2020

 

Bills

Employment Equity Bill B14 of 2020.

Public Finance Management Amendment Bill B13 of 2020.

 

Promulgation of Acts

Border Management Authority Act 2 of 2020. Commencement: To be proclaimed. GN799 GG43536/21-7-2020 (also available in Sepedi).

 

Selected list of delegated legislation

Commissions Act 8 of 1947

Amendment of the regulations of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State. Proc R24 GG43563/28-7-2020 (also available in Afrikaans).

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Regulations under the Act. GN R792 GG43529/17-7-2020.

Cancellation of approved loadings of rates in terms of s 85(2). GN780 GG43528/17-7-2020.

Directive on compensation for workplace-acquired novel coronavirus disease (COVID-19). GenN387 GG43540/23-7-2020.

Increase of monthly pensions; and amendment of sch 4 (manner of calculating compensation). GN R823 GG43569/31-7-2020.

Construction Industry Development Board Act 38 of 2000

Standard for developing skills through infrastructure contracts. GenN363 GG43495/3-7-2020.

Continuing Education and Training Act 16 of 2006

Policy framework to address gender-based violence in the Post-School Education and Training System. GenN410 GG43575/31-7-2020.

Council for the Built Environment Act 43 of 2000

Scope of work for categories of registration for professions regulated by Engineering Council of South Africa. GN740 GG43495/3-7-2020.

Defence Act 42 of 2002

Extension of employment of 20 000 members of the South African National Defence Force for borderline control. GN747 GG43502/3-7-2020.

Disaster Management Act 57 of 2002

  • Agriculture

Directions regarding livestock auctions: Measures to prevent and combat the spread of COVID-19. BN85 GG43571/31-7-2020.

  • Education

Amendment of directions regarding the re-opening of schools and measures to address, prevent and combat the spread of COVID-19. GenN370 GG43510/7-7-2020 and GenN371 GG43511/8-7-2020.

Directions regarding measures to prevent and combat the spread of COVID-19: Phased return of children to early childhood development programmes. GN762 GG43520/10-7-2020.

  • Environment, forestry and fisheries

Amendment of the directions to address, prevent and combat the spread of COVID-19 in the biodiversity sector. GN822 GG43564/28-7-2020 (also available in Sesotho).

  • Healthcare

Directions in respect of measures to prevent and combat the spread of COVID-19 in the health sector. GN796 GG43533/17-7-2020.

  • General regulations

Amendment of regulations issued in terms of s 27(2) (‘Lockdown’ regulations). GN763 GG43521/12-7-2020 and GN846 GG43577/31-7-2020.

Extension of the national state of disaster (COVID-19) to 15 August 2020. GN765 GG43524/13-7-2020.

  • Home Affairs

Amendment of the directions in respect of measures to prevent and combat the spread of COVID-19 in Home Affairs services. GN749 GG43504/3-7-2020 and GN843 GG43572/31-7-2020.

  • Justice and courts

Directions regarding auctions and sales in execution conducted by Sheriffs of the court. GN R816 GG43553/27-7-2020 (also available in Afrikaans).

  • Municipal operations and governance

Amendment of the directions to address, prevent and combat the spread of COVID-19 in municipalities and municipal entities. GN748 GG43503/3-7-2020.

  • 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 at social development facilities. GN727 GG43949/2-7-2020.

  • Sports, arts and culture

Amendment of the directions to address, prevent and combat the spread of COVID-19: Sporting events, training and matches to resume, opening of libraries, museums, cinemas, theatres, galleries and archives under alert level 3. GN751 GG43507/6-7-2020.

  • State of disaster

Revocation of the classification of drought as a national disaster. GN767 GG43526/16-7-2020.

  • Transport

Amendment of directions on measures to prevent and combat the spread of COVID-19 in air services during alert level 3. GN726 GG43493/2-7-2020.

Amendment of the directions on measures to prevent and combat the spread of COVID-19: Determination of extension for validity period of learner’s licences, and driving licence cards. GN802 GG43539/22-7-2020.

Directions on measures to prevent and combat the spread of COVID-19 in public transport services. GN801 GG43538/22-7-2020.

Amendment of the direction on measures to prevent and combat the spread of COVID-19 in air services. GN814 GG43550/24-7-2020.

Division of Revenue Act 4 of 2020

Local government conditional grant allocations, provincial government conditional grant allocations and specific purpose allocations to municipalities. GN738 GG43495/3-7-2020.

Electricity Regulation Act 4 of 2006

Determination: New generation capacity, mitigation capacity and procurement programmes. GN753 GG43509/7-7-2020.

Electronic Communications Act 36 of 2005

Policy direction on the introduction of digital sound broadcasting in South Africa. GN759 GG43514/10-7-2020.

Financial Sector Regulation Act 9 of 2017

Publication of the Financial Sector Conduct Authority Conduct Standard 4 of 2020 (RF): Minimum skills and training requirements for board members of pension funds. GN760 GG43514/10-7-2020.

Firearms Control Act 60 of 2000

Declaration of an amnesty in terms of s 139 from 1 Augusts 2020 to 31 January 2021. GN845 GG43576/31-7-2020.

Health Professions Act 56 of 1974

Amendment of fees payable to the Health Professions Council. BN88 GG43571/31-7-2020.

Legal Practice Act 28 of 2014

Amendment of the rules of the Legal Practice Council made under the authority of ss 95(1), 95(3) and 109(2) by the deletion and substitution of r 46. GenN391 GG43542/24-7-2020.

Marketing of Agricultural Products Act 47 of 1996

Establishment of a statutory measure: Registration of role-players in red meat industry. GN827 GG43571/31-7-2020 (also available in Afrikaans).

Establishment of statutory measure: Records and returns by abattoirs and other role-players in red meat industry. GN826 GG43571/31-7-2020 (also available in Afrikaans).

Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Act 36 of 2013

Determination of the rate of levy for 2018 tax period and payment date (31 August 2020). GN789 GG43528/17-7-2020.

Pharmacy Act 53 of 1974

Good Pharmacy Education Standards (Occupational Qualification Framework Sub-Framework). BN78 GG43495/3-7-2020.

Restoration requirements and process for pharmacists who have been removed from the register. BN80 GG43495/3-7-2020.

Rules relating to good pharmacy practice: Minimum Standards for trading titles. BN81 GG43495/3-7-2020.

Guidance document for Continuing Professional Development (CPD). BN82 GG43495/3-7-2020.

Property Valuers Profession Act 47 of 2000

Amendment of rules. GenN408 GG43571/31-7-2020.

Public Finance Management Act 1 of 1999

Statement of national and provincial governments’ revenue, expenditure and national borrowing as at 30 June 2020. GenN404 GG43567/30-7-2020.

Road Accident Fund Act 56 of 1996

Road Accident Fund Regulations, 2008: Adjustment of the medical tariff provided for in s 17(4B)(b). BN77 GG43495/3-7-2020.

South African Maritime Safety Authority Act 5 of 1998

Determination of charges. GN844 GG43573/31-7-2020.

Tax Administration Act 28 of 2011

Returns of information to be submitted by persons. GN741 GG43495/3-7-2020 (also available in Afrikaans).

Traditional Leadership and Governance Framework Act 41 of 2003

Recognition of the AmaMpondomise Kingship in South Africa. GN805 GG43542/24-7-2020.

 

Draft Bills
  • Draft Merchant Shipping Bill, 2020. GenN369 GG43505/6-7-2020.
  • Draft Correctional Matters Amendment Bill, 2020. GN803 GG43542/24-7-2020.

 

Draft delegated legislation
  • Guidelines for the registration of persons who hold a BPharm degree as Pharmacist Assistant Post-Basic in terms of the Pharmacy Act 53 of 1974 for comment. BN79 GG43495/3-7-2020.
  • Draft Films and Publications Amendment Regulations, 2020 in terms of the Films and Publications Act 65 of 1996 for comment. GenN361 GG43495/3-7-2020.
  • Draft Amendment Regulations in terms of the Private Security Industry Regulation Act 56 of 2001 for comment. GenN362 GG43495/3-7-2020.
  • Policy and criteria for development registration and publication of qualifications for general and further education and training in terms of the General and Further Education and Training Quality Assurance Act 58 of 2001 for comment. GN735 GG43495/3-7-2020.
  • Draft control measures relating to the polyphagous shot hole borer in terms of the Agricultural Pests Act 36 of 1983 for comment. GN R742 GG43496/3-7-2020.
  • Regulations regarding the scope of practice for nurses and midwives in terms of the Nursing Act 33 of 2005 for comment. GN R744 GG43496/3-7-2020.
  • Notice of intention to amend the rules of the Legal Practice Council made under the authority of ss 95(1), 95(3) and 109(2) of Legal Practice Act 28 of 2014 by insertion of new r 22.1.11 and r 22.2.9 relating to candidate attorneys and pupils, for comment. GenN375 GG43514/10-7-2020.
  • Notice of intention to amend the rules of the Legal Practice Council made under the authority of ss 95(1), 95(3) and 109(2) of Legal Practice Act 28 of 2014 the amendment of r 54.12 and r 54.15.3 relating to accounting records, for comment. GenN376 GG43514/10-7-2020.
  • 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. GN764 GG43522/13-7-2020.
  • Amendment of the procedure in applying for and deciding on an environmental authorisation for large scale wind and solar photovoltaic energy development activities when occurring in renewable energy development zones in terms of the National Environmental Management Act 107 of 1998 for comment. GN785 GG43528/17-7-2020, GN786 GG43528/17-7-2020 and GN841 GG43571/31-7-2020.
  • Proposed policy and policy direction on rapid deployment of electronic communications networks and facilities in terms of the Electronic Communications Act 36 of 2005 for comment. GN800 GG43537/22-7-2020.
  • Draft Regulations under the South African Citizenship Act 88 of 1995 for comment. GN R815 GG43551/24-7-2020.
  • Draft amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R810 and GN R811 in GG43543/24-7-2020.
  • Draft National Policy on Student and Community Support Services for Community Education and Training College in terms of the Continuing Education and Training Act 16 of 2006 for comment. GN842 GG43571/31-7-2020.
  • Draft Regulations for Hazardous Biological Agents in terms of the Occupational Health and Safety Act 85 of 1993 for comment. GN R824 GG43569/31-7-2020.
  • Procedures to be followed in applying for or deciding on environmental authorisation for the development or expansion of gas transmission pipeline infrastructure in strategic gas pipeline corridors in terms of the National Environmental Management Act 107 of 1998 for comment. GN836 GG43571/31-7-2020.
  • Procedures when applying for or deciding on environmental authorisation for development of electricity transmission and distribution infrastructure in renewable energy development zones in terms of the National Environmental Management Act 107 of 1998 for comment. GN840 GG43571/31-7-2020.

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 (Sept) DR 45.