Legislation published from 1 – 30 June 2021

Bills

Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill B16A of 2020.

Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill B16B of 2020.

Domestic Violence Amendment Bill B20B of 2020.

Commencement of Acts

Protection of Personal Information Act 4 of 2013, s 58(2). Commencement: 1 February 2022. GN560 GG44761/25-6-2021 and GenN395 GG44782/30-6-2021.

Promulgation of Acts

Appropriation Act 10 of 2021. Commencement: 28 June 2021. GN390 GG44774/28-6-2021 (also available in Sepedi).

Correctional Services Amendment Act 7 of 2021. Commencement: To be proclaimed. GN323 GG44650/1-6-2021 (also available in Afrikaans).

Customary Initiation Act 2 of 2021. Commencement: To be proclaimed. GN333 GG44668/4-6-2021 (also available in Siswati).

Cybercrimes Act 19 of 2020. Commencement: To be proclaimed. GN324 GG44651/1-6-2021 (also available in Afrikaans).

Division of Revenue Act 9 of 2021. Commencement: 28 June 2021. GN389 GG44773/28-6-2021 (also available in isiXhosa).

Electoral Laws Amendment Act 4 of 2021. Commencement: To be proclaimed. GN321 GG44648/1-6-2021 (also available in Afrikaans).

Local Government: Municipal Structures Amendment Act 3 of 2021. Commencement: To be proclaimed. GN320 GG44647/1-6-2021 (also available in Afrikaans).

Recognition of Customary Marriages Amendment Act 1 of 2021. Commencement: 1 June 2021. GN319 GG44646/1-6-2021 (also available in Afrikaans).

Special Appropriation Act of 11 of 2021. Commencement: 28 June 2021. GN391 GG44775/28-6-2021 (also available in Setswana).

Upgrading of Land Tenure Rights Amendment Act 6 of 2021. Commencement: To be proclaimed. GN322 GG44649/1-6-2021 (also available in Afrikaans).

Selected list of delegated legislation

Animal Diseases Act 35 of 1984

Control measures relating to foot and mouth disease in certain areas. GN R569 GG44783/30-6-2021.

Auditing Profession Act 26 of 2005

Fees payable from 1 April 2021. BN67 GG44788/30-6-2021.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Domestic workers minimum assessment. GenN360 GG44702/15-6-2021 and GenN361 GG44722/17-6-2021.

Constitution

Transfer of administration, powers and functions entrusted by legislation to certain cabinet members: Chapters 5 and 6 of the Children’s Act 38 of 2005 from the Minister of Social Development to the Minister of Basic Education. Proc21 GG44787/30-6-2021.

Customs and Excise Act 91 of 1964

Amendment of Rules. GN R525 GG44705/14-6-2021.

Deeds Registries Act 47 of 1937

Amendment of Regulations. GN R498 GG44700/11-6-2021 (also available in Afrikaans).

Disaster Management Act 57 of 2002 (COVID-19)

• Education

Amendment of directions regarding measures to address, prevent and combat spread of COVID-19 in the National Department of Basic Education: Re-opening of schools. GenN393 GG44779/29-6-2021.

• General regulations

Extension of National State of Disaster under the COVID-19 lockdown to 15 July 2021. GN R493 GG44692/11-6-2021.

Determination of alert level: Adjusted Alert Level 3 from 16 June 2021. GN R529 GG44715/15-6-2021.

Amendment to the regulations issued in terms of s 27(2): Adjusted Alert Level 3. GN R532 GG44721/17-6-2021.

Determination of alert level: Adjusted Alert Level 3 from 28 June 2021. GN R564 GG44772/27-6-2021.

Amendment to the regulations issued in terms of s 27(2): Adjusted Alert Level 4. GN R565 GG44772/27-6-2021 and GN R567 GG44778/29-6-2021.

• Home Affairs

Amendment of directions regarding measures to prevent and combat the spread of COVID-19 in Home Affairs. GN398 GG44786/30-6-2021.

• Labour

Consolidated direction on occupational health and safety measures in certain workplaces. GN R499 GG44700/11-6-2021.

• Sports, arts and culture

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 in sports, arts and culture. GN496 GG44699/11-6-2021.

Interpretation Act 33 of 1957

Dictionary of terms and concepts for post-school education and training. GenN335 GG44674/4-6-2021 and GenN363 GG44724/18-6-2021.

National Environmental Management Act 107 of 1998

Amendment of the Financial Provisioning Regulations, 2015. GN495 GG44698/11-6-2021.

Amendment to the Environmental Impact Assessment Regulations, Listing Notice 1, Listing Notice 2 and Listing Notice 3. GN517 GG44701/11-6-2021.

National Environmental Management: Air Quality Act 39 of 2004

Repeal of regulations regarding fuel burning appliances in dwelling houses. GN537 GG44724/18-6-2021.

Repeal of regulations relating to inspection of premises in a dust control area. GN536 GG44724/18-6-2021.

Repeal of regulations relating to smoke control. GN538 GG44724/18-6-2021.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

The National Estuarine Management Protocol. GN533 GG44724/18-6-2021.

National Environmental Management: Waste Act 59 of 2008

National norms and standards for organic waste composting. GN561 GG44762/25-6-2021.

National Nuclear Regulator Act 47 of 1999

Long term Operation of Nuclear Installations Regulations (Afrikaans version of the regulations). GN R501 GG44700/11-6-2021.

National Payment System Act 78 of 1998

Designation of Efficacy Payments (Pty) Ltd as a clearing system participant by the Governor of the South African Reserve Bank. GN519 GG44701/11-6-2021.

Occupational Health and Safety Act 85 of 1993

Notice that first aid level 1, 2 and 3 conducted by first aid training organisations approved by the Chief Inspector ceased to exist from 1 April 2021 and that a person or organisation who wants to provided first aid training approved by the Chief Inspector must have a valid accreditation document issued by the Quality Assurance Body that has been delegated the quality assurance responsibilities for First Aid Unit Standards by the Quality Council for Trades and Occupations. GN R328 GG44663/4-6-2021.

Promotion of Access to Information Act 2 of 2000

Exemption of certain private bodies from compiling the manual contemplated in s 51(1). GN397 GG44785/30-6-2021.

Public Finance Management Act 1 of 1999

Statement of national revenue, expenditure and borrowings as at 31 May 2021. GenN394 GG44781/30-6-2021.

Road Accident Fund Act 56 of 1996

Stipulation of terms and conditions on which claims for the compensation shall be administered. BN58 GG44674/4-6-2021.

Traditional Leadership and Governance Framework Act 41 of 2003

Recognition of the AmaRharhabe Kingship. GN521 GG44701/11-6-2021.

Draft Bills

• Draft Electoral Commission Amendment Bill, 2021 for comment. GenN374 GG44741/21-6-2021.
• Draft National Nuclear Regulator Amendment Bill, 2021 for comment. GN545 GG44749/22-6-2021.

Draft delegated legislation

• Draft Policy for the General Education Certificate in terms of the National Education Policy Act 27 of 1996 and the South African Schools Act 84 of 1996 for comment. GN489 GG44674/4-6-2021.
• Exposure drafts 188 to 191 issued by the International Public Sector Accounting Standards Board for comment. BN55 GG44674/4-6-2021 and BN60 GG44701/11-6-2021.
• Code of Conduct of the Banking Association South Africa in terms of the Protection of Personal Information Act 4 of 2013 for comment. GN492 GG44690/11-6-2021.
• Regulations relating to the certificate of need for health establishments and health agencies in terms of the National Health Act 61 of 2003 for comment. GN528 GG44714/15-6-2021.
• Draft regulations regarding agricultural remedy in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947 for comment. GN R541 GG44726/18-6-2021.
• Proposed regulations regarding fees for the provision of aviation meteorological services in terms of the South African Weather Service Act 8 of 2001 for comment. GN544 GG44743/22-6-2021.
• Draft terms and conditions on which claims for compensation shall be administered in terms of the Road Accident Fund Act 56 of 1996 for comment. BN66 GG44747/22-6-2021.
• Draft Maritime Occupational Health and Safety Amendment Regulations, 2021 in terms of the Merchant Shipping Act 57 of 1951 for comment. GenN388 GG44761/25-6-2021.
• Proposed amendments to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN562 GG44763/25-6-2021.
• Draft national guideline for consideration of climate change implications in applications for environmental authorisations, atmospheric emission licences and waste management licences in terms of the National Environmental Management Act 107 of 1998 for comment. GN559 GG44761/25-6-2021.
• Draft policy on the conservation and ecologically sustainable use of elephant, lion, leopard and rhinoceros in terms of the National Environmental Management Act 107 of 1998 for comment. GN566 GG44776/28-6-2021.
• Draft amended format and procedure for the nomination of world heritage sites in South Africa in terms of the World Heritage Convention Act 49 of 1999 for comment. GenN392 GG44777/29-6-2021.

Philip Stoop BCom LLM (UP) LLD (Unisa) is head of the school of law at STADIO.
This article was first published in De Rebus in 2021 (Aug) DR 37.