New legislation – April 2021

April 1st, 2021
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Legislation published from 1 – 28 February 2021

Bills

Division of Revenue Bill B3 of 2021.
Appropriation Bill B4 of 2021.
Special Appropriation Bill B5 of 2021.

Promulgation of Acts

Public Investment Corporation Amendment Act 14 of 2019. Commencement: To be proclaimed. GN44 GG44160/15-2-2021 (also available in Afrikaans).

Selected list of delegated legislation

Basic Conditions of Employment Act 75 of 1977
Earnings threshold for the exclusion from certain sections of the Act: R 211 596.30. GN77 GG44137/8-2-2021.

Broad-Based Black Economic Empowerment Act 53 of 2003
Exemption of the Department of Mineral Resources and Energy for its Risk Mitigation Independent Power Producer Procurement Programme. GN R91 GG44157/12-2-2021.
Exemption of the Tourism Equity Fund. GN R102 GG44172/19-2-2021.

Cross-Border Road Transport Act 4 of 1998
Amended regulations: Revised fee adjustments, 2021. GenN R79 GG44197/26-2-2021.

Defence Act 42 of 2002
Notice of the authorisation of the extended deployment of 2 122 members of the Defence Force to assist with the enforcement of lockdown regulations. GN78 GG44138/10-2-2021.

Disaster Management Act 57 of 2002 (COVID-19)

  • Education

Directions regarding measures to address, prevent and combat spread of COVID-19: Re-opening of schools in 2021. GenN42 GG44154/12-2-2021.

  • General regulations

Extension of a National State of Disaster under the COVID-19 lockdown to 15 March 2021. GN R86 GG44150/11-2-2021.

Amendment of the regulations issued in terms of s 27(2): Alert level 3 during the COVID-19 lockdown. GN R92 GG44158/13-2-2021 and GN R93 GG44159/13-2-2021.

Determination of alert level: Level 1. GN R151 GG44201/28-2-2021.

Amendment of the regulations issued in terms of s 27(2): Alert level 1 during the COVID-19 lockdown. GN R152 GG44201/28-2-2021.

  • Justice

Directions regarding measures to address, prevent and combat spread of COVID-19 in all courts, court precincts and justice service points. GN R73 GG44133/3-2-2021.

  • Social development

Directions regarding measures to address, prevent and combat the spread of COVID-19: Social grants and adoptions. GN111 GG44174/22-2-2021.

  • Transport

Directions regarding measures to address, prevent and combat spread of COVID-19 at sea ports during adjusted alert level 3. GN79 GG44140/10-2-2021.

Disaster Management Act 57 of 2002 (Floods)
Classification of a national disaster: Strong winds and floods due to tropical storm Eloise and summer seasonal rains. GN90 GG44156/12-2-2021 and GN117 GG44184/24-2-2021.

International Trade Administration Act 71 of 2002
Regulations governing the Automotive Production and Development Programme Post 2020 (APDP Phase II) effective from 1 July 2021. GN R80 GG44144/11-2-2021.

Long-Term Insurance Act 52 of 1998
Penalty for failure to furnish the Financial Sector Conduct Authority with returns: R 6 950. GN119 GG44186/26-2-2021.

National Education Policy Act 27 of 1996
Amended 2021 public school calendar. GN95 GG44162/16-2-2021.

National Environmental Management Act 107 of 1998
Adoption of a Generic Environmental Management Programme for the Working for Ecosystems Programme. GN105 GG44173/5-2-2021.
Adoption of a Generic Environmental Management Programme for the Working for Water Programme. GN106 GG44173/5-2-2021.
Adoption of a Generic Environmental Management Programme for the Working with Wetlands Programme. GN107 GG44173/5-2-2021.
Identification of procedures to be followed when applying for or deciding on an environmental authorisation application for large scale wind and solar photovoltaic facilities occurring in a renewable energy development zone. GN142 GG44191/26-2-2021.
Identification of procedures to be followed when applying for or deciding on an environmental authorisation application for the development of electricity transmission and distribution infrastructure occurring in a renewable energy development zone. GN145 GG44191/26-2-2021.
Identification of geographical areas of strategic importance for development of large-scale wind and solar photovoltaic energy facilities (renewable energy development zones). GN144 GG44191/26-2-2021.
Identification of geographical areas important for the development of strategic gas transmission pipeline infrastructure. GN143 GG44191/26-2-2021.

National Environmental Management: Biodiversity Act 10 of 2004
Commencement of the alien and invasive species lists, 2020 and alien and invasive species regulations, 2020. GN115 GG44182/24-2-2021.

National Health Act 61 of 2003
Regulations relating to standards for emergency medical services. GN94 GG44161/16-2-2021.

National Minimum Wage Act 9 of 2018
Amendment of the minimum wages contained in sch 1 and 2 to the Act with effect from 1 March 2021. GN76 GG44136/8-2-2021.

National Student Financial Aid Scheme Act 56 of 1999
Repeal of reg 1 of the regulations on additional functions assigned to the National Student Financial Aid Scheme (NSFAS). GN67 GG44128/1-2-2021.

Protection of Personal Information Act 4 of 2013
Commencement of regulations relating to the protection of personal information. GenN75 GG44191/26-2-2021.

Public Finance Management Act 1 of 1999
Exemption of the Industrial Development Corporation of South Africa from certain provisions of the Act for a period of three years. GN110 GG44173/5-2-2021.
National revenue, expenditure and borrowings as at 31 January 2021. GenN78 GG44195/26-2-2021.

Short-Term Insurance Act 53 of 1998
Penalty for failure to furnish the Financial Sector Conduct Authority with returns: R 6 950. GN118 GG44185/26-2-2021.

South African Geographical Names Council Act 118 of 1998
Approval of certain official geographical names in the Eastern Cape. GN114 GG44181/23-2-2021.

South African Schools Act 84 of 1996
Amendment of the regulations pertaining to the National Curriculum Statement Grades R – 12. GN104 GG44173/5-2-2021.

Tax Administration Act 28 of 2011
Extension of the deadline to file country-by-country returns. GN100 GG44170/18-2-2021 and GN101 GG44171/19-2-2021 (also available in Afrikaans).

Draft Bills

Draft Disaster Management Amendment Bill, 21 (Private Member’s Bill). GenN46 GG44166/18-2-2021.

Draft delegated legislation
  • Draft Gas Act rules in terms of the Gas Act 48 of 2001 for comment. GN74 GG44134/3-2-2021.
  • Draft proposal on the implementation of s 74 of the Higher Education Act 101 of 1997 for comment. GN108 GG44173/5-2-2021.
  • Integrated Crime and Violence Prevention Strategy of the Civilian Secretariat for the Police Service for comment. GenN50 GG44173/5-2-2021.
  • Admission policy for ordinary public schools in terms of the National Education Policy Act 27 of 1996 for comment. GenN38 GG44139/10-2-2021.
  • Draft Critical Skills List (2020) in terms of the Immigration Act 13 of 2002 for comment. GN96 GG44164/18-2-2021.
  • Proposed amendments to the listing requirements of A2X in terms of the Financial Markets Act 19 of 2012 for comment. BN8 GG44191/26-2-2021.
  • Proposed levies on medical schemes in terms of the Council for Medical Schemes Levies Act 58 of 2000 for comment. GenN57 GG44179/23-2-2021.
  • Draft amendment of the customer care standards regulations applicable to postal services licensees in terms of the Independent Communications Authority of South Africa Act 13 of 2000 for comment. GN148 GG44196/26-2-2021.

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 2021 (April) DR 31.

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