Legislation published from 30 January – 24 February 2023

By Shanay Sewbalas and Johara Ally

 

Acts

Criminal Law (Forensic Procedures) Amendment Act 8 of 2022

Commencement of the Act. Proc 116 GG48107/24-2-2023.

Customs and Excise Act 91 of 1964

Imposition of Provisional Payment (PP/167). GN R3021 GG48013/10-2-2023.

Amendment to part 1 of sch 1 (no 1/1/1895). GN R3061 GG48067/17-2-2023.

Public Service Act 103 of 1994

Amendment of sch 2: Western Cape Province. Proc 115 GG48103/23-2-2023.

 

Bills and White Papers

Division of Revenue Bill B2 of 2023

Notice of introduction in National Assembly of Division of Revenue Bill for 2023/24 financial year and publication of Explanatory Summary of Bill. GN3028 GG48017/10-2-2023.

Electoral Commission Amendment Bill, 2023

Notice of intention to introduce a Private Member’s Bill and invitation for comment. GenN1602 GG48017/10-2-2023.

Heraldry Act 18 of 1962

National Heraldry Bill. GN3083 GG48104/24-2-2023.

 

Government, General and Board Notices

Auditing Profession Act 26 of 2005

The adoption of the International Auditing and Assurance Standards Board’s 2021 handbooks. BN394 GG48017/10-2-2023.

Banks Act 94 of 1990

Withdrawal of authorisation granted in terms of s 18A to conduct business of a bank by means of a branch in South Africa: ICICI Bank Ltd. GenN1603 GG48017/10-2-2023.

Consent granted in terms of s 34 for a foreign institution to establish a representative office within South Africa: Deutsche Bank (Suisse) SA. GenN1604 GG48017/10-2-2023.

Basic Conditions of Employment Act 75 of 1997

Determination: Earnings threshold. GN3067 GG48092/20-2-2023.

Broad-Based Black Economic Empowerment Act 53 of 2003

Amendment Act 46 of 2013: Invitation to submit applications for a Department of Agriculture, Land Reform and Rural Development Quota Import Permit in terms of the Rebate Item 460.03/0207.14.9/01.07. GN3014 GG47985/3-2-2023.

Companies Act 71 of 2008

iXBRL: Depreciation of 2016 and 2019 Taxonomy Entry Points on 1 July 2023. GN3085 GG48104/24-2-2023.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Opening of 2022 Return of Earnings Season and Maximum Earnings and Minimum Assessment notices. GenN1616 and GenN1617 GG48065/17-2-2023.

Competition Act 89 of 1998

Notice of designation in terms of s 10(3)(b)(iv). GN R2993 GG47975/31-1-2023.

Notice of extension granted: Online Intermediation Platforms Market Inquiry. GN3062 GG48068/17-2-2023.

Disaster Management Act 57 of 2002

Classification and declaration of a National State of Disaster: Impact of Severe Electricity Supply Constraint. GN3019 and GN3020 GG48009/9-2-2023.

Classification and declaration of a National State of Disaster: Impact of floods due to inclement weather. GN3035 and GN3036 GG48036/13-2-2023.

Division of Revenue Act 5 of 2022

Publication of allocations and frameworks. GN3015 GG47987/3-2-2023.

Electoral Act 73 of 1998

Publication of reviewed lists of candidates. GenN1591 GG47988/3-2-2023.

Income Tax Act 58 of 1962

Further information required in terms of s 18A(2)(a)(vii) for purposes of a receipt issued under s 18A(2)(a). GN3082 GG48104/24-2-2023.

International Phytosanitary Prescripts

Tariffs in accordance with international phytosanitary prescripts relating to export control provisions. GN R3057 GG48067/17-2-2023.

Labour Relations Act 66 of 1995

National Bargaining Council for the Electrical Industry of South Africa: Extension of period of operation of the Collective Bargaining Levy Agreement. GN3025 GG48017/10-2-2023.

Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades: Renewal of period of operation of the Main Collective Agreement to Non-parties. GN3068 GG48093/21-2-2023.

Renewal and Extension of Bargaining Councils. GenN1628 GG48104/24-2-2023.

Long-Term Insurance Act 52 of 1998

Penalty for failure to furnish authority with returns. GN3078 GG48104/24-2-2023.

Marketing of Agricultural Products Act 47 of 1996

Invitation to register as a directly affected group. GenN1585 GG47983/3-2-2023.

Medical Schemes Act 131 of 1998

Council for Medical Schemes. GenN1601 GG48017/10-2-2023 and GenN1612 GG48062/17-2-2023.

National Education Policy Act 27 of 1996

2025 calendar for public schools. GN2991 GG47972/31-1-2023.

National Environmental Management Act 107 of 1998

Release of land for non-forestry purposes in terms of ss 50(3) and (4). GN3017 GG47998/6-2-2023.

National Environmental Management: Biodiversity Act 10 of 2004

List of terrestrial species and freshwater species that are threatened or protected, restricted activities that are prohibited and exempted. GN3012 GG47984/3-2-2023.

Repeal of the notice amending the alien and invasive species list and list of critically endangered, endangered, vulnerable and protected species, and amendment and commencement of the notice prohibiting the carrying out of certain restricted activities involving rhinoceros horn, and the regulations pertaining to trade in rhinoceros horn. GN3013 GG47984/3-2-2023.

National Environmental Management: Waste Act 59 of 2008

Notice of decisions on applications received in terms of reg 6(4) of the Waste Exclusion Regulations, 2018, for the exclusion of a waste stream or a portion of a waste stream from the definition of waste for beneficial use. GN3075 GG48101/22-2-2023.

National Forests Act 84 of 1998

Release of land for non-forestry purposes in terms of ss 50(3) and (4) of the Act. GN3016 GG47997/6-2-2023.

Public Service Act 103 of 1994

Amendment of sch 2 to the Public Service Act, 1994: Free State Province. Proc 113 GG47983/3-2-2023.

Short-Term Insurance Act 53 of 1998

Penalty for Failure to Furnish Authority with Returns. GN3079 GG48104/24-2-2023.

Spatial Planning and Land Use Management Act 16 of 2013

Notice of the approved National Spatial Development Framework in terms of s 13(5) of the Act. Gen N1581 GG47979/1-2-2023 and GenN1594 GG47999/1-2-2023.

Emfuleni Land Use Scheme to give effect to the Act. GenN1595 GG48001/8-2-2023.

Special Investigating Units and Special Tribunals Act 74 of 1996

Amendment of Proc R36 of 2019. Proc R114 GG48067/17-2-2023.

The Sugar Industry Agreement, 2000

As amended: Notice under Clause 82 of the Sugar Industry Agreement, 2000 as amended. GN3086 GG48104/24-2-2023.

 

Rules, regulations, fees, and amounts

Agricultural Pests Act 36 of 1983

Amendment of the Regulations R 111 of 27 January 1984. GN R3055 GG48067/17-2-2023.

Control measures: Amendment in schedule. GN R3056 GG48067/17-2-2023.

Agricultural Products Standards Act 119 of 1990

Regulations relating to the Protection of Geographical Indications and Designations of Origin used on agricultural products intended for sale. GN R3023 GG48015/10-2-2023.

Airports Company Act 44 of 1993

Publication of airport charges. GenN1582 GG47980/1-2-2023.

Animal Identification Act 6 of 2002

Regulations: Amendment. GN3076 GG48104/24-2-2023.

Architectural Profession Act 44 of 2000

Section 36(1) of the Act: Rules: Continuing Professional Development and Renewal of Registration. BN390 GG48012/10-2-2023.

Competition Act 89 of 1998

Guidelines on the Exchange of Competitively Sensitive Information between Competitors under the Act. GN3084 GG48104/24-2-2023.

Dental Technicians Act 19 of 1979

Notice regarding annual fees payable to the Council. GN3073 GG48099/22-2-2023.

Health Professions Act 56 of 1974

Health Professions Council of South Africa: Rules relating to fees payable to Council and Board Notice relating to annual fees. BN398 and BN399 GG48035/13-2-2023.

Higher Education Act 101 of 1997

Section 32 of the Act: Durban University of Technology Amended Statute. GN3027 GG48017/10-2-2023 and GenN1611 GG48062/17-2-2023.

Independent Communications Authority of South Africa Act 13 of 2000

Annual forecast of licence fees for 2022 – 23 by Broadcasting and Electronic Communications Services and Electronic Communications Network Services Licences. GenN1600 GG48016/10-2-2023.

International Trade Administration Act 71 of 2002

Guidelines, Rules and Conditions pertaining to titanium dioxide for use in the manufacture of paints, varnishes and prepared driers valid for a period of 30 months from date of implementation being 20 January 2023. GenN1587 GG47983/3-2-2023.

Medical Schemes Act 131 of 1998

Adjustment to fees payable to brokers. GenN1629 GG48104/24-2-2023.

National Environmental Management Act 107 of 1998

Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. GN3072 GG48098/21-2-2023.

National Environmental Management: Biodiversity Act 10 of 2004

Regulations pertaining to threatened or protected terrestrial species and freshwater species. The national norms and standards for the management of elephants and trophy hunting of leopards. GN3009 – GN3011 GG47984/3-2-2023.

National Health Act 61 of 2003

Regulations relating to the surveillance and the control of Notifiable Medical Conditions: Amendment. GN3007 GG47983/3-2-2023.

National Minimum Wage Act 9 of 2018

Amendment of the national minimum wages. GN3069 GG48094/21-2-2023.

National Railway Safety Regulator Act 16 of 2002

Determination of permit fees. GN3053 GG48062/17-2-2023.

Amendment of regulations on notifiable railway occurrences, 2022 by replacement of Appendix A Table 1 to GG46471. GenN1614 GG48062/17-2-2023.

National Small Enterprise Act 102 of 1996

Final National Integrated Small Enterprise Development Strategic Framework. GN3054 GG48063/17-2-2023.

Occupational Health and Safety Act 85 of 1993

Promulgation of Major Hazard Installation Regulations, 2022. GN R2989 GG47970/31-1-2023.

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. Amendment of the regulations in respect of petroleum products. GN R2994 – GN R2996 GG47976/31-1-2023.

Plant Breeders’ Rights Act 15 of 1976

Regulations relating to Plant Breeders’ Rights: Amendment. GN3024 GG48017/10-2-2023.

Postal Services Act 124 of 1998

Fees and charges for postal services. GN3051 GG48062/17-2-2023.

Project and Construction Management Professions Act 48 of 2000

South African Council for the Project and Construction Management Progressions Policy on accreditation, guideline professional fees and the recognition of new specified categories of registration. BN391 – BN393 GG48017/10-2-2023.

Promotion of National Unity and Reconciliation Act 34 of 1995

Regulations relating to assistance to victims in respect of higher education and training. GN R3060 GG48067/17-2-2023.

Public Audit Act 25 of 2004

Audit directive for 2023. GN3018 GG48000/8-2-2023.

Public Finance Management Act 1 of 1999

Rate of interest on government loans. GenN1630 GG48104/24-2-2023.

Road Accident Fund Act 56 of 1996

Adjustment of statutory limit in respect of claims for loss of income and loss of support. BN396 GG48017/10-2-2023.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal. GN R3059 GG48067/17-2-2023.

Small Claims Courts Act 61 of 1984

Repeal of the Rules Regulating Matters in Respect of the Small Claims Court, published under GN R1893 GG9909/30-8-1985. GN R3058 GG48067/17-2-2023.

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

Huguenot, Vaal River, Great North, Tsitsikamma, South Coast, North Coast, Mariannhill, Magalies, N17 and R30/R730/R34 Toll Roads. N1 and N4, N3 Cedara to Heidelberg Gauteng and N4 Hans Strydom Interchange (Pretoria) to the Gauteng/Mpumalanga Border and Maputo Development Corridor Toll Roads: Platinum Toll Road: 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. GN3031 – GN3034 GG48018/10-2-2023.

Statistics South Africa

Advertisement of the Consumer Price Index December 2022 figure. GenN1586 GG47983/3-2-2023.

Veterinary and Para-Veterinary Professions Act 19 of 1982

Rules relating to the practising of para-veterinary profession of veterinary physiotherapist. GenN1626 GG48104/24-2-2023.

 

Legislation for comment

Allied Health Professions Act 63 of 1982

Regulations relating to disciplinary inquiries. GN3006 GG47983/3-2-2023.

Architectural Profession Act 44 of 2000

Accreditation policy. BN400 GG48104/24-2-2023.

Basic Conditions of Employment Act 75 of 1997

Extension of the notice of the investigation into the wages and conditions of employment of community health workers. GN R2997 GG47982/2-2-2023.

Civil Aviation Act 13 of 2009

Civil Aviation Regulations, 2011. GN3015 GG47996/6-2-2023 and GN3040 GG48061/16-2-2023.

Civil Aviation Amendment Act 22 of 2021

Erratum: Invitation by the Minister of Transport for application or nomination for appointment to the Aviation Safety Investigation Board and the Civil Aviation Appeal Committee. GenN1609 and GenN1610 GG48034/13-2-2023.

Competition Act 89 of 1998

Publication of the fresh produce market inquiry terms of reference in terms of s 43(b), as amended. GN3037 GG48037/14-2-2023.

Cooperative Banks Act 40 of 2007

Notice of intent to cancel National Association for Cooperative Financial. GN3080 GG48104/24-2-2023.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Regulations relating to the labelling and advertising of foodstuffs. GN R2986 GG47965/31-1-2023.

Health Professions Act 56 of 1974

Regulations relating to: The registration of intern arts therapists in drama; names that may not be used in relation to the profession of optometry and dispensing opticians: Amendment; the qualifications for registration of biokineticists: Amendment; defining the scope of the profession of orthopaedic footwear technicians. GN3001 – GN3004 GG47983/3-2-2023.

Independent Communications Authority of South Africa Act 13 of 2000  

Notice for received applications for pre-register for Community Sounds Broadcasting Service and Radio Frequency Spectrum Licences. GenN1583 GG47981/1-2-2023.

Second Draft Radio Frequency Spectrum Assignment Plan for the frequency band 450 MHz to 470 MHz, 825 to 830 MHz and 870 MHz to 875 to 875 MHz and 1427 MHz to 1518 MHz for public consultation. GN3064 GG48078/20-2-2023.

Labour Relations Act 66 of 1995

Extension of period of operation of the main collective agreement. GN2985 GG47963/30-1-2023.

Notice of intention to cancel the registration of an employers’ organisation. GenN1580 GG47969/31-1-2023.

Local Government: Municipal Systems Act 32 of 2002

Standard draft by-laws for deployment of electronic communications facilities. GN3087 GG48113/24-4-2023.

Marketing of Agricultural Products Act 47 of 1996

Application for the amendment of the statutory measures in the wine and brandy industry. GenN1584 GG47983/3-2-2023.

Breeding levies on winter cereals for comments. GenN1627 GG48104/24-2-2023.

Medicines and Related Substances Act 101 of 1965

General regulations made in terms of the Act: Amendment. GN3026 GG48017/10-2-2023.

Merchandise Marks Act 17 of 1941

Invitation for comment on the prohibition on the use of certain words and emblems associated with the Cape Flora. GenN1592 GG47989/3-2-2023.

Invitation for comment on the prohibition on the use of certain images of coins of the South Africa Reserve Bank. GenN1593 GG47995/6-2-2023.

National Education Policy Act 27 of 1996

Proposed 2026 calendar for public schools for comment. GN2992 GG47973/31-1-2023.

National Environmental Management: Biodiversity Act 10 of 2004

Extension of the commenting period on the draft Multi-Species Biodiversity Management Plan for Vultures. GN2988 GG47968/31-1-2023.

National Environmental Management: Waste Act 59 of 2008

Consultation on the Draft Household Hazardous Waste Management Strategy. GN2987 GG47967/31-1-2023.

National Water Act 36 of 1998

Proposal for the establishment of Makhathini Lower Pongola Water User Association, KwaZulu-Natal Province. GN3022 GG48014/10-2-2023.

Proposal for the establishment of the Limpopo-Olifants Catchment Management Agency. GN3029 GG48017/10-2-2023.

Non-Profit Organisations Act 71 of 1997

Invitation for comment on the proposed regulations within 30-days from the date of publication of this notice. GN3071 GG48096/21-2-2023.

Nursing Act 33 of 2005

Regulations relating to the distinguishing devices for nurses and midwives. GN3005 GG47983/3-2-2023.

Pharmacy Act 53 of 1974

Regulations relating to the election of members of the South African Pharmacy Council: Amendment. GN3000 GG47983/3-2-2023.

Protection of Personal Information Act 4 of 2013

Rules and procedure for referring complaints for a finding by the Enforcement Committee, 2023. GN3052 GG48062/17-2-2023.

Public Finance Management Act 1 of 1999

Draft National Water Resource Infrastructure Agency Bill: Extension for invitation for comment until 17 March 2023. GN3030 GG48017/10-2-2023.

Public Service Act, 1994 (Proclamation 103 of 1994)

Draft Public Service Regulations: For comment. GenN1631 GG48104/24-2-2023.

Rationalisation of Areas of the High Court

Extension for written submission until 28 February 2023. GN3063 GG48069/17-2-2023.

Social Assistance Act 13 of 2004

Amendments to the regulations relating to COVID-19 Social Relief of Distress: For comment. GN R3038 GG48056/14-2-2023.

Spatial Planning and Land Use Management Act 16 of 2013

Notice of the draft Eastern Seaboard Regional Spatial Development Framework. GenN1622 GG48091/20-2-2023.

Water Services Act 108 of 1997

The draft Water and Sanitation Services Policy on Privately Owned Land. GN3039 GG48057/15-2-2023.

Shanay Sewbalas and Johara Ally are Editors: National Legislation at LexisNexis South Africa.

This article was first published in De Rebus in 2023 (April) DR 30.