New legislation – April 2022

April 1st, 2022
x
Bookmark
Legislation published from 1 February – 4 March 2022

By Lauren Lloyd and Lizelle Rossouw

 

Acts

 

Criminal Procedure Amendment Act 16 of 2021

Commencement: 9 February 2022. GenN811 GG45893/9-2-2022.

Films and Publications Amendment Act 11 of 2019

Commencement: 1 March 2022. Proc 52 GG45959/25-2-2022.

Legal Practice Act 28 of 2014

Sections 14, 42, 93(5) and 95(2) and ch 5. Commencement: 1 March 2022. Proc 53 GG45988/1-3-2022.

 

Bills and White Papers

 

Division of Revenue Bill

Notices of introduction in National Assembly and publication of the explanatory summary. GenN823 GG45903/11-2-2022.

Draft National Labour Migration Policy and Employment Services Amendment Bill, 2021

Published for comment. GN1801 GG45962/28-2-2022.

Electricity Regulation Amendment Bill, 2021

Published for comment. GN1746 GG45898/10-2-2022.

Electricity Pricing Policy of South Africa

Published for comment. GN1747 GG45899/10-2-2022.

Financial Matters Amendment Bill, 2022

Published for comment. GenN837 GG45928/16-2-2022.

 

Government, General and Board Notices

 

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

Constitution of the National Council of Societies for the Prevention of Cruelty to Animals. BN223 GG46000/4-3-2022.

 

Department of Agriculture, Land Reform and Rural Development

Broad-Based Black Economic Empowerment Act 53 of 2003

Invitation to submit applications for a Department of Agriculture, Land Reform and Rural Development Quota Import Permit in terms of the rebate item 460.03/0207.19.9/01.07. GN1728 GG45862/4-2-2022.

Marketing of Agricultural Products Act 47 of 1996

Continuation of statutory measure regarding records and returns by sellers of table eggs: Correction notice. GN1817 GG46000/4-3-2022.

Invitation to register as a directly affected group in terms of the Act. GenN821 GG45903/11-2-2022.

 

Tariffs

Notice of export control in accordance with International Phytosanitary Prescripts. GN R1812 GG45997/4-3-2022.

 

Department of Basic Education

Disaster Management Act 57 of 2002

Directions regarding the full time return of learners to schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, and Provincial Departments of Education, and all schools in South Africa. GenN806 GG45877/6-2-2022.

South African Schools Act 84 of 1996

Amended National Norms and Standards for School Funding. GN1730 GG45878/7-2-2022.

 

Department of Communications and Digital Technologies

Electronic Communications Act 36 of 2005

Announcement of date for final switch-off of the analogue signal and the end of dual illumination. GN1804 GG45984/28-2-2022.

Film and Publication Act 65 of 1996

Invitation to apply for appointment to fill vacancies in the Board of Directors of the South African Post Office. BN204 GG45908/11-2-2022.

 

Department of Cooperative Governance and Traditional Affairs

Disaster Management Act 57 of 2002

Extension of national state of disaster (COVID-19) to 15 March 2022 in terms of s 27(5)(c) of the Act. GN R1758 GG45921/14-2-2022.

 

Department of Employment and Labour

Basic Conditions of Employment Act 75 of 1997

Determination: Earnings threshold. GN1731 GG45880/7-2-2022.

Determination: Earnings threshold: Correction Notice. GN1736 GG45890/9-2-2022.

Amendment of Sectoral Determinations 1 and 9. GN1732 GG45882/7-2-2022.

Labour Relations Act 66 of 1995

Cancellation of registration of Employers’ Association for the Sawmilling Industry of South Africa (LR 2/6/3/430). GN R1813 GG45997/4-3-2022.

Metal and Engineering Industries Bargaining Council: Renewal and extension of the registration and administration expenses collective agreement. GN R1729 GG45864/3-2-2022.

National Bargaining Council of the Leather Industry of South Africa (NBCLI): Extension to non-parties of the agency shop amending collective agreement for employees. GN R1740 GG45894/11-2-2022.

NBCLI: Extension to non-parties of the footwear section: Technological fund amending collective agreement. GN R1741 GG45894/11-2-2022.

NBCLI: Extension to non-parties of the Sick Benefit Fund amending collective agreement. GN R1742 GG45894/11-2-2022.

NBCLI: Extension to non-parties of the Provident Fund amending collective agreement. GN R1743 GG45894/11-2-2022.

Notice published by the Essential Services Committee in terms of s 71, read with s 71(8)(a) of the Act. GenN822 GG45903/11-2-2022.

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades: Extension to non-parties of the Main Collective Agreement. GN R1756 GG45904/11-2-2022.

National Textile Bargaining Council: Extension of the Main Collective Amending Agreement. GenN830 GG45905/11-2-2022.

National Bargaining Council for the Road Freight and Logistics Industry: Extension of the Main Collective Amending Agreement. GenN831 GG45905/11-2-2022.

Accreditation of Bargaining Councils – 25 February 2022 (Commission for Conciliation, Mediation and Arbitration). GenN848 GG45954/25-2-2022.

 

Department of Forestry, Fisheries and the Environment

Marine Living Resources Act 18 of 1998

Publication of the National Freshwater (Inland) Wild Capture Fisheries Policy for implementation. GN1790 GG45954/25-2-2022.

National Environmental Management: Biodiversity Act 10 of 2004

Declaration of certain land as part of the existing Harold Porter National Botanical Garden. GN1763 GG45930/18-2-2022.

National Environmental Management: Waste Act 59 of 2008

Amendments to the list of waste management activities that have, or likely to have, a detrimental effect on the environment. GN1757 GG45907/11-2-2022.

 

Department of Health

Medicines and Related Substances Act 101 of 1965

Notification of registration of medicines in terms of the Act. GN R1739 GG45894/11-2-2022.

 

Department of Higher Education and Training

Higher Education Act 101 of 1997

Amendment to the Statute of the University of Cape Town. GN1793 GG45954/25-2-2022.

Amendment to the Institutional Statute of the University of Cape Town. GN1840 GG46000/4-3-2022.

 

Department of Home Affairs

Disaster Management Act 57 of 2002

Amendment of Directions: Measures to prevent and combat the spread of COVID-19. GN1800 GG45961/25-2-2022.

Immigration Act 13 of 2002

Critical skills list. GN1727 GG45860/2-2-2022.

 

Department of Justice and Constitutional Development

Legal Practice Act 28 of 2014

Notice in terms of s 51(13): Fixture of date on which the Office of the Legal Services Ombud must commence with its functions: 1 March 2022. GN1808 GG45988/1-3-2022.

 

Department of Mineral Resources and Energy

Mine Health and Safety Act 29 of 1996

Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme on Thermal Stress. GN1754 GG45903/11-2-2022.

Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme for Noise. GN1755 GG45903/11-2-2022.

 

Department of Sports, Arts and Culture

National Heritage Resources Act 25 of 1999

Declaration of the Winnie Madikizela Mandela House as a National Heritage Site. GN1845 GG46000/4-2-2022.

 

Department of Tourism

Tourism Act 3 of 2014

Publication of the name of the National Registrar of Tourist Guides in terms of the Act. GenN801 GG45863/4-2-2022.

 

Department of Transport

Disaster Management Act 57 of 2002

Amendment of Directions on taxi relief fund towards the impact of COVID-19 in the taxi industry, 2021. GN1811 GG45994/2-2-2022.

 

Department of Trade, Industry and Competition

International Trade Administration Commission of South Africa

Amendments to the Price Preference System Policy Guidelines published in GenN532 GG43765/2-10-2020 on the exportation of ferrous and non-ferrous waste and scrap metal. GenN852 GG45954/25-2-2022.

 

Companies Act 71 of 2008

Practice Note 2 of 2022: Certification requirements when submitting documents to Companies and Intellectual Property Commission. GN1796 GG45954/25-2-2022.

 

Co-operatives Act 14 of 2005

Notice to co-operatives on compliance requirements for filing annual returns and submission of financial reports. GN1762 GG45930/18-2-2022.

 

Department of Traditional Affairs

Traditional and Khoi-San Leadership Act 3 of 2019

Khoisan communities and leaders: Application for recognition form: Section 56(2) of the Act. GenN802 GG45865/4-2-2022.

 

Department of Transport

National Road Traffic Act 93 of 1996

Appointment of officers by the Chief Executive Officer. GN1749 GG45901/11-2-2022.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

Gauteng Freeway Improvement Project, Toll Roads: Publication of Tolls. GN814 GG45902/11-2-2022.

Huguenot, Vaal River, Great North, Tsitsikamma, South Coast, North Coast, Mariannhill, Magalies, N17 and R30/R730/R34 toll roads, National Route 3: Cedara to Heidelberg Gauteng toll road, National Routes 1 and 4: Platinum toll road, and National Route 4: Hans Strydom Interchange (Pretoria) to the Gauteng/Mpumalanga Border and Maputo Development Corridor toll roads: Publication of the amounts of toll for the different categories of motor vehicles, and the date and time from which the toll tariffs shall become payable. GN815, GN816, GN817, GN818 GG45902/11-2-2022.

Toll tariff adjustment errata in GG45902/11-2-2022. GN1770 GG45946/22-2-2022.

 

Electoral Commission

Electoral Commission Act 51 of 1996

Registration of political parties (registered between 16 September 2021 to 18 February 2022). GenN847 GG45952/23-2-2022.

 

Financial Sector Conduct Authority

Financial Markets Act 19 of 2012

Approved amendments to the Johannesburg Stock Exchange (JSE) Debt Listing Requirements – Sustainability. BN220 GG45954/25-2-2022.

 

Independent Communications Authority of South Africa

Electronic Communications Act 36 of 2005

List of applicants qualified as bidders on licensing process for International Mobile Telecommunications Spectrum. GenN844 GG45939/21-2-2022.

Independent Communications Authority of South Africa Act 13 of 2000

Notice of public hearings to be held in respect of the draft amendment regulations governing aspects of the procedures of the complaints and compliance committee of the Independent Communications Authority of South Africa, 2021. GenN803 GG45866/4-2-2022.

 

Independent Regulatory Board for Auditors

Auditing Profession Act 26 of 2005

Amendments to the Independent Regulatory Board for Auditors (IRBA) Code of Professional Conduct for Registered Auditors. BN207 GG45930/18-2-2022.

Withdrawal of BN173 GG45568/3-12-2021: Proposed amendments to the Code of Professional Conduct for Registered Auditors. BN208 GG45930/18-2-2022.

 

National Treasury

Division of Revenue Act 9 of 2021

Informal Settlements Upgrading Partnership Grant: Stopping and re-allocation of funds in respect of non-spending provinces. GenN1810 GG45992/2-2-2022.

Provincial Roads Maintenance Grant: Stopping and reallocation of funds in respect of non-spending provinces. GN1794 GG45954/25-2-2022.

Shifting of funds from HIV/AIDS component to the Human Papillomavirus component for Limpopo for 2021/22 financial year. GenN1809 GG45992/2-3-2022.

 

South African Council for Social Service Professions

Social Service Professions Act 110 of 1978

Notice in terms of reg 11, on the election of members of the fifth South African Council for Social Service Professions, and reg 15, on the election of members of the fifth Professional Boards for Social Work and fourth Professional Board for Child and Youth Care Work. BN218 GG45930/18-2-2022.

 

Wine and Spirit Board

Liquor Products Act 60 of 1989

Defining of production area: Leipoldtville-Sandveld, Lions River, Riebeeksrivier, Goudmyn, Goree, Goedemoed, Ashton, Agter-Paarl, and Zandrivier. BN209, BN210, BN211, BN212, BN213, BN214, BN215, BN216, and BN217 GG45930/18-2-2022.

 

Rules, regulations, fees, and amounts

 

Auditing Profession Act 26 of 2005

Fees payable to IRBA. BN222 GG46000/4-3-2022.

 

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

Amendment of rules. BN223 GG46000/4-3-2022.

 

Department of Agriculture, Land Reform and Rural Development

Animal Identification Act 6 of 2002

Regulations: Amendment. GN1818 GG46000/4-3-2022.

Conservation of Agricultural Resources Act 43 of 1983

Regulations: Amendment. GN R1737 GG45894/11-2-2022.

 

Deeds Registries Act 47 of 1937

Amendment of regulations. GN R1802 GG45981/28-2-2022.

 

Department of Co-operative Governance

Disaster Management Act 57 of 2002

Amendment of regulations issued in terms of s 27(2). GN R1715 GG45855/1-2-2022.

Amendment of regulations issued in terms of s 27(2). GN R1759 GG45922/15-2-2022.

 

Department of Employment and Labour

National Minimum Wage Act 9 of 2018

Annual review and adjustment of the national minimum wage for 2022. GN1732 GG45882, 7-2-2022.

 

Department of Forestry, Fisheries and the Environment

Antarctic Treaties Act 60 of 1996

Antarctic Treaties Regulations. GN1751 GG45903/11-2-2022.

National Environmental Management Act 107 of 1998

Amendment of s 24H Registration Authority Regulations, 2016. GN1733 GG45883/7-2-2022.

Withdrawal of amendment to reg 39(2) of the Environmental Impact Assessment Regulations, 2014, as amended, in GN517 GG44701/11-6-2021. GN1816 GG45999/3-3-2022.

 

Department of Health

Health Professions Act 56 of 1974

Regulations relating to the qualifications for the registration of Dental Assistants: Amendment. GN1838 GG46000/4-3-2022.

 

Occupational Diseases in Mines and Works Act 78 of 1973

Increase of pension benefits. GN1839 GG46000/4-3-2022.

 

Department of Justice and Constitutional Development

Promotion of National Unity and Reconciliation Act 34 of 1995

Regulations relating to assistance to victims in respect of Higher Education and Training. GN R1814 GG45997/4-3-2022.

 

Department of Mineral Resources and Energy

Gas Regulator Levies Act 75 of 2002

Levy and interest payable on the piped-gas industry. GN1744 GG45895/10-2-2022.

Petroleum Pipelines Levies Act 28 of 2004

Levy and interest payable on petroleum pipelines industry. GN1734 GG45885/8-2-2022.

Petroleum Products Act 120 of 1977

Regulations in respect of the single maximum national retail price for illuminating paraffin, maximum retail price for liquefied petroleum gas, and amendment of the regulations in respect of petroleum products. GN R1805, GN R1806, and GN R1807 GG45987/1-3-2022.

Repeal of regulations prohibiting the sale and dispensing of petrol and diesel into containers. GN1799 GG45958/25-2-2022.

 

Department of Public Works and Infrastructure

Property Valuers Profession Act 47 of 2000

Amendment to Rules for Property Valuers Profession, 2022. GenN865 GG46000/4-3-2022.

 

Department of Transport

Cross-Border Road Transport Act 4 of 1998

Revised fee adjustments, 2022. GenN860 GG45989/1-3-2022.

National Road Traffic Act 93 of 1996

Amendment of the National Road Traffic Regulations. GN1750 GG45901/11-2-2022.

 

Financial Sector Conduct Authority

Long-term Insurance Act 52 of 1998

Penalty for failure to furnish returns etcetera. GN1791 GG45954/25-2-2022.

Short-term Insurance Act 53 of 1998

Penalty for failure to furnish returns etcetera. GN1792 GG45954/25-2-2022.

 

National Treasury

Public Finance Management Act 1 of 1999

Rate of interest on government loans. GenN864 GG46000/4-3-2022.

 

South African Revenue Service

Customs and Excise Act 91 of 1964

Imposition of Provisional Payment (PP/160) and (PP/161). GN R1748 GG45900/11-2-2022 and GN R1846 GG46001/4-3-2022.

Income Tax Act 58 of 1962

Determination of the daily amount in respect of meals and incidental costs for purposes of s 8(1). GN1843 and GN1844 GG46000/4-3-2022.

 

Legislation for comment

 

  • Accounting Standards Board

Exposure draft issued by the Accounting Standards Board for comment. BN206 GG45930/18-2-2022.

 

  • Department of Forestry, Fisheries and the Environment

National Environmental Management: Air Quality Act 39 of 2004

Consultation on proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans. GN R1738 GG45894/11-2-2022.

National Environmental Management: Biodiversity Act 10 of 2004

The inclusion of the 17 succulent plant species and one succulent plant genus in appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora for comment. GN1760 GG45929/16-2-2022.

 

  • Department of Justice and Constitutional Development

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

Draft regulations relating to Sexual Offences Courts for comment. GenN807 GG45879/7-2-2022.

 

  • Department of Mineral Resources and Energy

Mineral and Petroleum Resources Development Act 28 of 2002

Publication of proposed amendments to reg 2(1) of the regulations. GN R1803 GG45982/28-2-2022.

  • Department of Public Works and Infrastructure

Merchandise Marks Act 17 of 1941

Prohibition on the use of the logo for the Border Management Authority for comment. GenN846 GG45944/22-2-2022.

  • Department of Social Development

Social Assistance Act 13 of 2004

Amendments to the regulations relating to the application for and payment of social assistance and the requirements or conditions in respect of eligibility for social assistance in terms of the Act for comment. GN R1771 GG45947/22-2-2022.

 

  • Department of Trade, Industry and Competition

Consumer Protection Act 68 of 2008

Publication of draft amendment of consumer goods and services industry code in terms of s 82(3)(a) of the Act. GenN866 GG46000/4-3-2022.

International Trade Administration Act 71 of 2002

Introduction of a Policy Directive on the Importation of Analogue Television Sets of Tariff Heading Number 8528.7 for comment. GenN861 GG45991/2-3-2022.

 

  • Department of Transport

Civil Aviation Act 13 of 2009

Civil Aviation Regulations 2011: Amendment to the regulations and technical standards. GN1797 GG45954/25-2-2022.

Road Accident Fund Act 56 of 1996

Road Accident Fund Medical Tariffs for comment. GN R1714 GG45852/4-2-2022.

 

  • Financial Sector Conduct Authority

Financial Markets Act 19 of 2012

Proposed amendments to the JSE Equities Rules, listing requirements regarding actively managed certificates, and listing requirements in respect of the Cutting Red Tape Project for comment. BN201, BN202, and BN203 GG45903/11-2-2022.

 

  • Pan South African Language Board

Pan South African Language Board Act 59 of 1995

Co-opted members for comment. BN219 GG45954/25-2-2022.

English National Lexicography Unit for comment. BN221 GG46000/4-3-2022.

 

Lauren Lloyd and Lizelle Rossouw are editors at LexisNexis in Durban.

This article was first published in De Rebus in 2022 (April) DR 25.

X
South African COVID-19 Coronavirus. Access the latest information on: www.sacoronavirus.co.za