New legislation – August 2017

August 1st, 2017

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

Legislation published from 2 – 28 June 2017


Judicial Matters Amendment Bill B14B of 2016.

Road Accident Benefit Scheme Bill B17 of 2017.

Commencement of Acts

Financial Intelligence Centre Amendment Act 1 of 2017. Commencement: 13 June 2017 and 2 October 2017 (see the notice for more detail). GN563 GG40916/13-6-2017 and GN601 GG40939/28-6-2017.

Promulgation of Acts

Legal Practice Act 28 of 2014 (Afrikaans and Setswana translations). GenN480 GG40937/23-6-2017.

Criminal Procedure Amendment Act 4 of 2017. Commencement: 29 June 2017. GN619 GG40946/29-6-2017 (also available in Afrikaans).

Selected list of delegated legislation

Allied Health Professions Act 63 of 1982

Professional Board for Ayurveda, Chinese Medicine, Acupuncture, and Unani Tibb: Use of certain needles classified as unprofessional conduct. BN98 GG40883/2-6-2017.

Auditing Profession Act 26 of 2005

Rule on mandatory audit firm rotation for auditors for all public interests entities. BN100 GG40888/5-6-2017.

Inspection fees payable to IRBA. BN101 GG40898/9-6-2017.

Amendments to the code of professional conduct for registered auditors relating to custody of a client’s assets. BN115 GG40930/23-6-2017.

Broad-Based Black Economic Empowerment Act 53 of 2003

Amended Property Sector Code. GN560 GG40910/9-6-2017, GenN464 GG40926/21-6-2017 and GenN481 GG40941/28-6-2017.

Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016. GN581 GG40923/15-6-2017.

Threshold for major B-BBEE transactions. GN551 GG40898/9-6-2017.

Civil Aviation Act 13 of 2009

Fifteenth Amendment of the Civil Aviation Regulations, 2017. GN R586 GG40929/23-6-2017 (Afrikaans regulations).

Defence Act 42 of 2002

Regulations for the reserve force. GN527 GG40886/2-6-2017.

Financial Services Board Act 97 of 1990

Levies on financial institutions. GenN458 GG40912/12-6-2017.

Income Tax Act 58 of 1962

Agreement between South Africa and Costa Rica for exchange of information relating to tax matters. GN592 GG40930/23-6-2017 (also available in Afrikaans).

Agreement between South Africa and Monaco for exchange of information relating to tax matters. GN593 GG40930/23-6-2017 (also available in Afrikaans).

Legal Aid South Africa Act 39 of 2014

Legal Aid Manual tabled in Parliament. GenN477 GG40932/23-6-2017.

Mental Health Care Act 17 of 2002

Annexures to the guidelines for licensing of residential and day care facilities for people with mental and/or intellectual disabilities. GN567 GG40919/15-6-2017.

Merchant Shipping Act 57 of 1951

Regulations in terms of the Act. GN R534 GG40893/6-6-2017.

National Credit Act 34 of 2005

Guideline for the submission of credit information in terms of reg 19(13). GenN476 GG40930/23-6-2017.

National Environmental Management: Biodiversity Act 10 of 2004

Biodiversity management plan for Pickersgill’s reed frog (hyperolius pickergilli). GenN423 GG40883/2-6-2017.

Amendment to appendices I and II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations, 2010. GN529 GG40889/5-6-2017.

National Health Act 62 of 2003

Regulations relating to emergency care at mass gathering events. GN566 GG40919/15-6-2017 (also available in isiZulu and

Nursing Act 33 of 2005

Fees and fines payable to the Council. GN R599 GG40933/23-6-2017.

Occupational Health and Safety Act 85 of 1993

Construction Regulations, 2014. GN489 GG40883/2-6-2017.

Petroleum Products Act 120 of 1977

Amendment of regulations regarding petroleum products specifications and standards. GN R582 GG40929/23-6-2017.

Pharmacy Act 53 of 1974

Fees payable to council. GenN433 GG­40892/6-6-2017.

Rules relating to services for which pharmacists may levy fees and guidelines for levying such fees. GenN432 GG40892/6-6-2017.

Amendment of the rules relating to good pharmacy practice: Minimum standards specifically relating to the collection and the delivery of medicines to patients from a community of institutional pharmacy. GenN431 GG40892/6-6-2017.

Preferential Procurement Policy Framework Act 5 of 2000

Recognition of categories of institutions to which the Act applies. GN571 GG40919/15-6-2017.

Public Finance Management Act 1 of 1999

Different categories of debt for interest rate applicable to debts owing to the state. GenN469 GG40930/23-6-2017.

Recognition of Customary Marriages Act 120 of 1998

Extended period for the registration of customary marriages: 30 April 2019. GenN483 and GenN484 GG40883/2-6-2017.

South African Civil Aviation Authority Levies Act 41 of 1998

Levy on the sale of aviation fuel. GN R585 GG40929/23-6-2017.

South African Maritime Safety Authority Act 5 of 1998

Comprehensive maritime transport policy, 2017. GenN457 GG40904/12-6-2017.

South African Reserve Bank Act 90 of 1989

Directive for conduct within the National Payment System in respect of the collection of payment instructions for authenticated collections. GenN475 GG40930/23-6-2017.

Spatial Data Infrastructure Act 54 of 2003

Regulations in terms of the Act. GN R579 GG40920/15-6-2017 and GenN472 GG40930/23-6-2017.

The National Land Cover Classes and Definitions 2016 Standard. GN573 GG40919/15-6-2017.

Tax Administration Act 28 of 2011

Persons to submit returns for the 2017 year of assessment. GN547 GG40898/9-6-2017 (also available in Afrikaans, Sesotho and isiZulu).

Draft Bills

Draft Older Persons Amendment Bill. GenN426 GG40883/2-6-2017.

Draft Repeal of the Overvaal Resorts Limited Bill. GN580 GG40921/15-6-2017.

Draft delegated legislation

Proposed regulations to exclude waste streams from definition of waste in terms of the National Environmental Management: Waste Act 59 of 2008 for comments. GN528 GG40887/2-6-2017.

Rules relating to good pharmacy practice in terms of the Pharmacy Act 53 of 1974: Minimum standards for the selling of HIV screening test kits for comments. GenN434 GG40892/6-6-2017.

Proposed fees payable in respect of applications and issuing of rights, permits and licenses in small-scale fishery sector in terms of the Marine Living Resources Act 18 of 1998. GN558 GG40906/9-6-2017.

Amendment to reg 10(5) (fees for filing a merger notice) of the rules for the conduct of proceedings in the Competition Commission in terms of the Competition Act 89 of 1998 for comments. GN555 GG40902/9-6-2017.

Amendment of merger thresholds in terms of the Competition Act 89 of 1998 for comments. GN554 GG40902/9-6-2017.

Regulations relating to human gamete banks in terms of the National Health Act 61 of 2003 for comments. GN556 GG40903/9-6-2017.

Declaration of certain practices by medical schemes in selecting designated health care providers and imposing excessive co-payments on members as 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 for comments. GenN435 GG40898/9-6-2017.

Draft National Policy on student support services for community education and training colleges in terms of the Continuing Education and Training Act 16 of 2006. GN543 GG40898/9-6-2017.

Proposed amendments to the Code of professional conduct for registered auditors: New guidance for professional scepticism and professional judgment in terms of the Auditing Profession Act 26 of 2005. BN107 GG40898/9-6-2017.

Proposed regulations regarding assignees: Inspections and fees in terms of the Agricultural Product Standards Act 119 of 1990. GN R552 GG40899/9-6-2017.

Draft withdrawal notice of exemptions and draft amendment regulations in terms of the Financial Intelligence Centre Act 38 of 2001 for comments. GN562 GG40916/13-6-2017.

Proposal for the amendment of the Mortgaging of Aircraft Regulations, 2017 in terms of the Convention on the International Recognition of Rights in Aircraft Act 59 of 1993 for comments. GN R587 GG40929/23-6-2017.

Proposed list of particular trees and particular groups of trees as ‘champion trees’ in terms of the National Forests Act 84 of 1998. GenN482 GG40945/30-6-2017.

Draft regulations regarding infrastructure or activity affecting safe railway operations, 2017 in terms of the National Railway Safety Regulator Act 16 of 2002. GN618 GG40945/30-6-2017.

Draft security matters regulations, 2017 in terms of the National Railway Safety Regulator Act 16 of 2002. GN617 GG40945/30-6-2017.

Regulations relating to the surveillance and control of notifiable medical conditions in terms of the National Health Act 61 of 2003 for comments. GN604 GG40945/30-6-2017.

This article was first published in De Rebus in 2017 (Aug) DR 36.

De Rebus