New Legislation

July 1st, 2016
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Philip Stoop BCom LLM (UP) LLD (Unisa) is an associate professor in the department of mercantile law at Unisa.

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

 

 

 

 

 

 

 

 

 

 

 

Legislation published from 3 May – 2 June 2016

* Items marked with an asterisk will be discussed later in the column.

 

Bills introduced

Courts of Law Amendment Bill B8 of 2016.

Border Management Authority Bill B9 of 2016.

Expropriation Bill B4C of 2015.

Expropriation Bill B4D of 2015.

Higher Education Amendment Bill B36A of 2015.

Higher Education Amendment Bill B36B of 2015.

Financial Intelligence Centre Amendment Bill B33A of 2015.

 

Commencement of Acts

Criminal Matters Amendment Act 18 of 2015. Commencement: 1 June 2016. Proc33 GG40010/24-5-2016.

 

Selected list of delegated legislation

Banks Act 94 of 1990

Amendment of regulations. GenN297 GG40002/20-5-2016.

Basic Conditions of Employment 75 of 1997

Sectoral determination 50: Chamber of Mines of South Africa. GN537 and GN538 GG40001/20-5-2016.

Broad-Based Black Economic Empowerment Amendment Act 53 of 2003

Marketing, Advertising and Communication Sector Code. GN506 GG39971/6-5-2016.

Competition Act 89 of 1998

Guidelines on the assessment of the public interest provisions in the Merger Regulations. GenN309 GG40039/2-6-2016.

Electricity Act 41 of 1987

Licence fees payable by licenced generators of electricity. GN519 GG39985/13-5-2016.

Financial Services Board Act 97 of 1990

Levies on financial institutions. BN81 GG40032/1-6-2016.

Gas Regulator Levies Act 75 of 2002

Levy and interest for the piped-gas industry. GenN283 GG39990/17-5-2016.

Local Government: Municipal Electoral Act 27 of 2000

Amendment to the Municipal Electoral Regulations, 2000. GN569 GG40020/25-5-2016.

Medicines and Related Substances Act 101 of 1965

Preparations containing ibogaine to be registered as medicine. GN502 GG39970/4-5-2016.

Exclusion of certain medicines. GN565 GG40015/25-5-2016.

 

 

National Credit Act 34 of 2005

Determination of application, registration and renewal fees regulations. GN514 GG39981/11-5-2016.

* Determination of a threshold for credit provider registration. GN513 GG39981/11-5-2016.

 

National Environment Management Act 107 of 1998

Consolidated environmental implementation and management plan for the Department of Environmental Affairs. GN530 GG39998/19-5-2016.

Petroleum Pipelines Levies Act 28 of 2004

Levy and interest for the petroleum pipelines industry. GenN282 GG39990/17-5-2016.

Private Security Industry Regulations Act 56 of 2001

Increase of annual fees. GN R500 GG39966/3-5-2016.

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for the area of Kagiso. GN578 GG40021/27-5-2016.

Establishment of a small claims court for the areas of Potchefstroom and Ventersdorp. GN579 GG40021/27-5-2016.

Establishment of a small claims court for the area of Malamulele. GN580 GG40021/27-5-2016.

Establishment of a small claims court for the area of Philipstown. GN581 GG40021/27-5-2016.

Establishment of a small claims court for the areas of Kuruman and Kudumane. GN582 GG40021/27-5-2016.

Establishment of a small claims court for the areas of Schweizer-Reneke and Maquassi Hills. GN583 GG40021/27-5-2016.

Establishment of a small claims court for the area of Orkney. GN584 GG40021/27-5-2016.

Social Assistance Act 13 of 2004

Amendment of regulations relating to the application for and payment of social assistance and the requirements or conditions in respect of eligibility for social assistance. GN R511 GG39978/6-5-2016.

Increase in respect of social grants. GN R525 GG39986/12-5-2016.

South African Maritime Safety Authority Act 5 of 1998

Determination of charges and levies. GN560 GG40005/19-5-2016, GN559 GG40005/19-5-2016 and GN567 and GN566 GG40016/25-5-2016.

South African Police Service Act 68 of 1995

Amendment of regulations (ranks). GN R563 GG40008/24-5-2016.

 

Draft legislation

Activities that may be excluded from the requirement to obtain an environmental authorisation but that must comply with standards for land-based abalone aquaculture in terms of the National Environmental Management Act 107 of 1998 for comment. GN504 GG39971/6-5-2016.

The adoption of standards for land-based abalone aquaculture in terms of the National Environmental Management Act for comment. GN503 GG39971/6-5-2016.

Regulations defining the scope of the profession of dental therapists in terms of the Health Professions Act 56 of 1974 for comment. GN512 GG39979/10-5-2016.

Amendment of the regulations regarding the general control of human bodies, tissue, blood, blood products and gametes in terms of the National Health Act 61 of 2003 for comment. GN515 GG39982/11-5-2016.

Draft Critical Infrastructure Protection Bill. GenN276 GG39985/13-5-2016.

Amendments to regulations relating to qualification criteria, training and identification of, and forms to be used by environmental inspectors in terms of the National Environmental Management Act 107 of 1998 for comment. GN520 GG39985/13-5-2016.

Proposed amendments to the code of professional conduct for registered auditors in terms of the Auditing Profession Act 26 of 2005. BN55 GG39985/13-5-2016.

Proposed amendment of the determination made by the South African Civil Aviation Authority Levies Act 41 of 1998. GN R528 GG39993/18-5-2016 and GN R531 GG39999/19-5-2016.

Determination of the upper limit of the total remuneration packages payable to municipal managers and managers directly accountable to municipal managers in terms of the Local Government: Municipal Systems Act 32 of 2000 for comment. GenN287 GG40000/19-5-2016.

Municipal Structures Amendment Bill, 2016 for comment. GN568 GG40017/25-5-2016.

Draft declaration of certain electoral and voting practices for the appointment of trustees of medical schemes irregular or undesirable practices in terms of the Financial Institutions (Protection of Funds) Act 28 of 2001 and the Medical Schemes Act 131 of 1998. GenN305 GG40022/27-5-2016.

Registration routes, criteria and processes in terms of the Landscape Architectural Profession Act 45 of 2000 for comment. BN65 GG400021/27-5-2016.

 

Aspects of the determination of a threshold for credit provider registration in terms of the National Credit Act

The registration of credit providers

Section 40 of the National Credit Act   34 of 2005 (NCA) provides that a person must apply to be registered as a credit provider if the total principal debt owed to that credit provider under all outstanding credit agreements, other than incidental credit agreements, exceeds the threshold determined by the Minister of Trade and Industry in terms of
s 42(1). Section 42(1) obliges the minister to determine, by notice in the Government Gazette, a threshold for determining whether a credit provider is required to register in terms of s 40(1).

The initial thresholds

Prior to the amendment of the NCA a person had to register as credit provider if he or she was the credit provider in at least 100 credit agreements other than incidental credit agreement or the principal debt owed to him in terms of all current credit agreements other than incidental credit agreements exceeded
R 500 000.

After the amendment of the NCA by the National Credit Amendment Act 19 of 2014 a person was required to register as a credit provider if the total principle debt owed to him in terms of all current credit agreements other than incidental credit agreements exceeded R 500 000.

The new threshold

On 11 May 2016 a new threshold has been published under GN513 GG39981/11-5-2016. The new threshold is R0 (nil). All credit providers are, therefore, required to register as credit providers with the National Credit Regulator. Failure to register as credit provider will have the consequences set out in s 40. Furthermore, all credit providers are now obliged to apply for registration, conditions may be set for registration; and application, registration and renewal fees are payable by all credit providers (ss 45 – 54).

When will the new threshold take effect?

Section 42(2) of the NCA provides that each subsequent threshold determined by the minister in terms of s 42 takes effect six months after the date on which it was published in the Government Gazette. The determination was published on 11 May 2016 and will, therefore, take effect on 11 November 2016.

 

This article was first published in De Rebus in 2016 (July) DR 58.

 

 

 

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