Legislation published from 1 – 30 June 2020

Bills

Adjustments Appropriation Bill B10 of 2020.

Disaster Management Tax Relief Administration Bill B12 of 2020.

Disaster Management Tax Relief Bill B11 of 2020.

Division of Revenue Amendment Bill B9 of 2020.

Commencement of Acts

Protection of Personal Information Act 4 of 2013. Commencement: 1 July 2020 (ss 2 – 38, 55 – 109, 111 and 114(1) – (3)) and 30 June 2021 (ss 110 and 114(4)). Proc R21 GG43461/22-6-2020 (also available in Afrikaans).

Promulgation of Acts

Appropriation Act 7 of 2020. Commencement: 23 June 2020. GN702 GG43468/23-6-2020 (also available in Setswana).

Child Justice Amendment Act 28 of 2009. Commencement: To be proclaimed. GN641 GG43402/4-6-2020 (also available in Setswana).

Division of Revenue Act 4 of 2020. Commencement: 23 June 2020. GN701 GG43467/23-6-2020 (also available in isiXhosa).

Foreign Service Act 26 of 2019. Commencement: To be proclaimed. GN642 GG43403/4-6-2020 (also available in Xitsonga).

Hydrographic Act 35 of 2019. Commencement: To be proclaimed. GN631 GG43389/3-6-2020 (also available in isiXhosa).

Independent Police Investigative Directorate Amendment Act 27 of 2019. Commencement: To be proclaimed. GN628 GG43385/3-6-2020 (also available in isiXhosa).

Selected list of delegated legislation

Architectural Profession Act 44 of 2000

Guideline Professional Fees issued in terms of s 34(2). BN66 GG43392/4-6-2020.

Framework for Guideline Professional Fees in respect of architectural services rendered by registered architectural professionals. BN65 GG43391/4-6-2020.

Carbon Tax Act 15 of 2019

Regulations on the allowance in respect of trade exposure in respect of carbon tax liability under s 10. GN690 GG43451/19-6-2020.

Regulations on greenhouse gas emissions intensity benchmark for the purposes of s 11. GN691 GG43452/19-6-2020.

Notice in respect of the renewable energy premium in respect of the tax period for purposes of symbol ‘B’ contained in s 6(2). GN692 GG43453/19-6-2020.

Constitution, 1996

Transfer of the administration and powers entrusted by legislation to certain members of the cabinet in terms of s 97. Proc22 GG43474/26-6-2020 (also available in isiZulu).

Customs and Excise Act 91 of 1964

Testing of alcohol strength in spirits – DAR196. GN R638 GG43399/5-6-2020.

Disaster Management Act 57 of 2002

• Communications and digital technologies sectors

Amendment of the directions on the risk-adjusted strategy for the communications and digital technologies sector during alert level 3. GN671 GG43439/12-6-2020.

• Correctional services

Directions to address, prevent and combat the spread of COVID-19 in all correctional centres and remand detention facilities during alert levels 3, 4 and 5. GN698 GG43463/22-6-2020.

• Education

Amendment of directions regarding the reopening of schools and measures to address, prevent and combat the spread of COVID-19 in the Basic Education Sector. GenN304 GG43381/1-6-2020, GenN343 GG43465/23-6-2020 and GenN357 GG43488/29-6-2020.

Directions for the resumption of construction and related services in post school education and training institutions to address, prevent and combat the spread of COVID-19. GN617 GG43378/1-6-2020.

Directions on zero-rating of websites for education and health to address prevent and combat the spread of COVID-19. GN651 GG43413/5-6-2020.

Directions for criteria to return to public university and private higher education campuses as part of a risk-adjusted strategy for a phased-in return during the Level 3 COVID-19 lockdown. GN652 GG43414/8-6-2020.

Direction for the reopening of institutions offering qualifications registered on the occupational qualifications sub-framework (OQSF) as part of a risk-adjusted strategy for a phased-in return of skills development activities. GenN355 GG43486/29-6-2020.

• Environment, forestry and fisheries

Directions regarding measures to address, prevent and combat the spread of COVID-19 relating to National Environmental Management Permits and Licences. GN650 GG43412/5-6-2020.

Directions regarding measures to address, prevent and combat the spread of COVID-19 relating to the forestry sector. GN649 GG43411/5-6-2020.

Directions regarding measures to address, prevent and combat the spread of COVID-19 relating to the freshwater and marine fishing sectors. GN648 GG43410/5-6-2020.

Directions regarding measures to address, prevent and combat the spread of COVID-19 relating to the biodiversity sector. GN647 GG43409/5-6-2020.

• Healthcare

Amendment of the directions on measures to address, prevent and combat the spread of COVID-19 in the health sector. GN R716 GG43479/26-6-2020.

• General regulations

Amendment of the alert level 3 regulations. GN714 GG43476/25-6-2020.

• Home affairs

Directions regarding temporary measures in respect of the entry into or exit from the Republic for emergency medical attention for a life-threatening condition, the evacuation of South African nationals to the Republic, the repatriation of foreign nationals to their countries of nationality or residence or the return of South African nationals to their place of employment or study outside of the Republic, as well as the extension of the validity period of an asylum seeker permit issued, and refugee status granted in terms of the Refugee Act 130 of 1998, in order to prevent and combat the spread of COVID-19. GN664 GG43420/10-6-2020.

• Justice and courts

Directions to address, prevent and combat the spread of COVID-19 in all courts, court precincts and justice service points during alert level 3. GN623 GG43383/2-6-2020.

• Labour and workplaces

Consolidated COVID-19 direction on health and safety in the workplace. GN R639 GG43400/4-6-2020.

• Mineral resources and energy

Amendment of directions regarding measures to prevent and combat the spread of COVID-19: To provide for continuous supply of energy and petroleum to society and to allow maintenance and construction work for energy projects. GN697 GG43460/19-6-2020.

• Small businesses

Directions to address, prevent and combat the spread of COVID-19: Protocols to mitigate and manage the COVID-19 outbreak among employees and customers in the personal care services industry. GN R696 GG43459/19-6-2020.

• Sports, arts and culture

Amendment of the directions regarding the suspension of sport, arts and cultural events as measures to prevent and combat the spread of COVID-19 (alert level 3). GN669 GG43434/11-6-2020.

Amendment of the directions in regarding the live streaming of the creative sector services to prevent and combat the spread of COVID-19 (alert level 3). GN668 GG43433/11-6-2020.

• State of disaster

Extension of the state of disaster (drought) to 4 July 2020. GN632 GG43390/3-6-2020.

Extension of national state of disaster (COVID-19 lockdown) to 15 July 2020. GN646 GG43408/5-6-2020.

• Tourism

Directions on a risk-adjusted strategy for tourism facilities, services and products to prevent and combat the spread of COVID-19. GenN356 GG43487/29-6-2020.

• Trade, industry and competition

Amendment of regulations relating to the COVID-19 state of disaster (alert level 3) and withdrawal of certain directions: Call centres, car sales, automotive repairs, sale of clothing, footwear and bedding, COVID-19 export control regulations, and the block exemption for the retail property sector. GN R667 GG43432/11-6-2020.

Division of Revenue Act 16 of 2019

Provincial disaster relief grant. GN637 GG43398/5-6-2020.

Electricity Act 41 of 1987

License fees payable by licensed generators of electricity. GN708 GG43474/26-6-2020.

Electronic Communications Act 36 of 2005

Framework to qualify to operate a secondary geo-location spectrum database. GenN311 GG43398/5-6-2020.

Engineering Profession Act 46 of 2000

Engineering Council of South Africa: Annual fees. BN75 GG43474/26-6-2020.

Financial Advisory and Intermediary Services Act 37 of 2002

Amendment of the determination of fit and proper requirements. GN707 GG43747/26-6-2020.

Amendment of the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2003 and the Specific Code of Conduct for Authorised Financial Services Providers and Representatives Conducting Short-term Deposit Business, 2004. GN706 GG43747/26-6-2020.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Authorisation of certain local authorities to enforce ss 10(3)(b), 11 and 24 of the Act. GN680 GG43447/19-6-2020 (also available in Afrikaans).

Amendment of the regulations regarding preservatives and antioxidants (in bread). GN681 GG43447/19-6-2020.

Hazardous Substances Act 15 of 1973

Temporary exemption of medical device establishments licenced in terms of s 22C(1)(b) and authorised in terms of s 21 of the Medicines and Related Substances Act 101 of 1965 to sell electronically controlled ventilators (Group III Hazardous Substances). GN R722 GG43485/26-6-2020.

Income Tax Act 58 of 1962

Amount of value of assets that may be paid in lump sum under definition of living annuity: R 125 000. GN619 GG43380/1-6-2020.

Method or formula for purposes of the determination of the amount under a living annuity. GN618 GG43379/1-6-2020 and GN636 GG43398/5-6-2020.

International Trade Administration Act 71 of 2002

Amendment of guidelines for Rebate Item 412.11 for goods imported for the relief of distress of persons in cases of famine or other national disaster. GenN345 GG43470/25-6-2020.

Labour Relations Act 66 of 1995

Commission for Conciliation, Mediation and Arbitration: Tariff of fees. GN616 GG43376/1-6-2020.

Medicines and Related Substances Act 101 of 1965

Regulations relating to a transparent pricing system for medicines and scheduled substances: Dispensing fee for pharmacists. GN679 GG43447/19-6-2020.

Temporary exclusion of certain alcohol-based hand-rubs from the operation of specified provisions. GN R721 GG43484/26-6-2020.

National Education Policy Act 27 of 1996

Amended 2020 school calendar for public schools. GN666 GG43431/11-6-2020.

National Environmental Management: Biodiversity Act 10 of 2004

Amendment of the alien and invasive species list and the list of critically endangered, endangered, vulnerable and protected species. GN627 GG43386/3-6-2020.

Regulations relating to trade in rhinoceros horn. GN626 GG43386/3-6-2020.

Notice prohibiting the carrying out of certain restricted activities involving rhinoceros horn. GN625 GG43386/3-6-2020.

Nursing Act 33 of 2005

Regulations relating to the approval of and the minimum requirements for the education and training of a student leading to the registration as a nurse specialist or midwife specialist. GN635 GG43398/5-6-2020.

Occupational Health and Safety Act 85 of 1993

Standards for first aid training. GN682 GG43447/19-6-2020.

Temporary exemption from Ergonomics Regulations of 2019. GN683 GG43447/19-6-2020.

Prescribed Rate of Interest Act 55 of 1975

Prescribed rate of interest from 1 May 2020: 8,75% per annum. GN R713 GG43475/26-6-2020 (also available in Afrikaans).

Public Finance Management Act 1 of 1999

Statement of the national revenue, expenditure and borrowing as at 31 May 2020. GenN358 GG43489/30-6-2020.

Public Protector Act 23 of 1994

Determination of salaries and allowances of the Public Protector. GenN359 GG43491/30-6-2020.

South African Human Rights Commission Act 40 of 2013

Determination of salaries and allowances of Commissioners of the South African Human Rights Commission. GenN360 GG43492/30-6-2020.

Sugar Act 9 of 1978

Amendment of the Constitution of the South African Sugar Association and the Sugar Industry Agreement, 2000. GN R700 GG43466/23-6-2020.

Value Added Tax Act 89 of 1991

Expiration of VAT Certificate issued in terms of sch 1(8) of Act, rebate item 412.11. GenN305 GG43384/3-6-2020.

Draft Bills

• Draft Public Finance Management Amendment Bill, 2020. GenN318 GG43418/12-6-2020.
• Draft Local Government: Municipal Demarcation Bill, 2020. GenN332 GG43440/17-6-2020.

Draft delegated legislation

• Amendment of regulations relating to the registration of persons and maintenance of registers: In terms of the Pharmacy Act 53 of 1974 for comment. GN656 GG43418/12-6-2020.
• Proposed amendments to the regulations relating to the practice of pharmacy in terms of the Pharmacy Act 53 of 1974 for comment. GN657 GG43418/12-6-2020.
• Proposed amendment to the regulations relating to pharmacy education and training in terms of the Pharmacy Act 53 of 1974 for comment. GN658 GG43418/12-6-2020.
• Draft Second Generation Air Quality Management Plan for the Vaal Triangle Airshed Priority Area in terms of the National Environmental Management: Air Quality Act 39 of 2004 for comment. GN654 GG43418/12-6-2020 and GN655 GG43418/12-6-2020.
• Draft Code for Persons with Disabilities Regulations in terms of the Independent Communications Authority of South Africa Act 13 of 2000 for comment. GenN317 GG43418/12-6-2020.
• Regulations regarding fees payable in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN659 GG43418/12-6-2020.
• Draft control measures relating to Asian citrus psyllid (Diaphorina citri) in terms of the Agricultural Pests Act 36 of 1983 for comment. GN R662 GG43419/12-6-2020.
• Proposed amendments to schs 1, 2 and 3 to the Financial Intelligence Centre Act 38 of 2001 for comment. GN R684 GG43447/19-6-2020.
• Draft Regulations on Long Term Operation of Nuclear Installations in terms of the National Nuclear Regulator Act 47 of 1999 for comment. GN R694 GG43456/19-6-2020.
• Draft amendments to the National Estuarine Management Protocol in terms of the National Environmental Management: Integrated Coastal Management Act 24 of 2008 for comment. GN705 GG43474/26-6-2020.
• Proposed extended producer responsibility scheme for the lighting sector in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN717 GG43480/26-6-2020 for comment.
• Draft regulations regarding extended producer responsibility in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN718 GG43481/26-6-2020.
• Proposed extended producer responsibility scheme for paper, packaging and some single use products in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN719 GG43482/26-6-2020.
• Proposed extended producer responsibility scheme for the electrical and electronic equipment sector in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN720 GG43483/26-6-2020.

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 2020 (Aug) DR 39.