New legislation – December 2018

December 1st, 2018

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

Legislation published from 1 – 31 October 2018


Competition Amendment Bill B23A of 2018.

Competition Amendment Bill B23B of 2018.

Child Justice Amendment Bill B32 of 2018.

Electoral Laws Amendment Bill B33 of 2018.

Division of Revenue Amendment Bill B34 of 2018.

Adjustments Appropriation Bill B35 of 2018.

Special Appropriation Bill B36 of 2018.

Rates and Monetary Amounts and Amendment of Revenue Laws Bill B37 of 2018.

Taxation Laws Amendment Bill B38 of 2018.

Tax Administration Laws Amendment Bill B39 of 2018.

Firearms Control Amendment Bill B40 of 2018.

Commencement of Acts

Legal Practice Act 28 of 2014

Commencement published in Proc R31 GG42003/29-10-2018 (also available in isiXhosa).

31 October 2018 –

  • ch 2, except s 14.

1 November 2018 –

  • ch 1;
  • ch 3, except s 35(1) – (3) and 35(7) – (12);
  • ch 4, except ss 37(5)(e)(ii), 40(1)(b)(ii), 40(7)(b), 41 and 42;
  • chs 6 and 7;
  • ch 8, except s 93(5);
  • ch 9, except s 95(2); and
  • parts 3 and 4 of ch 10.

Selected list of delegated legislation

Basic Conditions of Employment Act 75 of 1997

Amendment of sectoral determination 11: Private security sector (amendment of minimum wages with effect from 1 November 2018). GN1104 GG41974/12-10-2018 (also available in isiZulu).

Broad-Based Black Economic Empowerment Act 53 of 2003

Practice note 1 of 2018: Youth employment service. GenN640 GG41975/12-10-2018.

Child Justice Act 75 of 2008

Accredited diversion service providers and diversion programmes. GN1076 GG41955/5-10-2018.

Electronic Communications Act 36 of 2005

Number portability regulations. GN1021 GG41949/1-10-2018.

Financial Markets Act 19 of 2012

Amendments of the Strate rules. BN105 GG41955/5-10-2018.

International trade

South African Development Community and European Union Economic Partnership Agreement: Procedures for application, administration and allocation of export quotas under the agreement between European Union and Southern African Development Community for 2019. GenN622 GG41963/8-10-2018.

World Trade Organisation: Marrakesh agreement regarding market access: Conditions, arrangements and procedures for market access permits. GenN625 GG41966/9-10-2018.

Legal Practice Act 28 of 2014

Regulations. GN R1183 GG42002/29-10-2018 (also available in isiXhosa).

Local Government: Municipal Finance Management Act 56 of 2003

Amendments to the municipal regulations on minimum competency levels. GN1146 GG41996/26-10-2018.

Measurement Units and Measurement Standards Act 18 of 2006

Amendment of the national measurement standards. GN1131 GG41982/19-10-2018.

Medicines and Related Substances Act 101 of 1965

Registration of oral preparations which contain certain bacterial strains. GN R1099 GG41971/12-10-2018.

Amendment of sch 1 – 4. GN R1098 GG41971/12-10-2018.

Military Pensions Act 84 of 1976

Determination of amounts. GN R1180 GG41997/26-10-2018 (also available in Afrikaans).

National Environmental Management: Air Quality Act 39 of 2004

The 2017 National Framework for Air Quality Management in South Africa. GN1144 GG41996/26-10-2018.

Amendments to the list of activities and associated minimum emission standards identified in terms of s 21. GN1207 GG42013/31-10-2018.

National Qualifications Framework Act 67 of 2008

Regulations for the quality assurance of private colleges for continuing education and training, offering qualifications registered on the general and further education and training qualifications sub-framework, and accreditation of private assessment bodies. GenN633 GG41970/12-10-2018.

National Road Traffic Act 93 of 1996

Determination and implementation of curricula for traffic officers. GN1184 GG42004/29-10-2018.

Road Accident Fund Act 56 of 1996

Adjustment of the statutory limit in respect of claims for loss of income and loss of support with effect from 31 October 2018: R 276 928. BN145 GG41996/26-10-2018 (also available in Afrikaans).

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for the Soweto area. GN1086 GG41970/12-10-2018.

Establishment of small claims court for the Komatipoort area. GN1145 GG41996/26-10-2018.

Special Economic Zones Act 16 of 2014

Designation of Atlantis Special Economic Zone. GN1130 GG41982/19-10-2018.

Sugar Act 9 of 1978

Transitional provisions in respect of the Constitution of the South African Sugar Association and the Sugar Industry Agreement, 2000. GN1082 GG41967/9-10-2018.

Tax Administration Act 28 of 2011

Listing the of non-submission of returns as required in terms of the Diamond Export Levy (Administration) Act 14 of 2007, as an incidence of non-compliance. GN1175 GG41996/26-10-2018 (also available in Afrikaans).

Veterinary and Para-Veterinary Professions Act 19 of 1982

Amendment of regulations (fees). GenN642 GG41982/19-10-2018.

Draft delegated legislation

Notice of proposed amendment to the Legal Aid Manual in terms of the Legal Aid South Africa Act 39 of 2014. GenN607 GG41948/1-10-2018 (also available in Afrikaans).

Amendment to the Regulations for Child and Youth Care workers, Auxiliary Child and Youth Care Workers and Student Child and Youth Care Workers in terms of the Social Service Professions Act 110 of 1978 for comment. GN1075 and GN1078 GG41955/5-10-2018.

Amendment of the Public Service Regulations, 2016 in terms of the Public Service Act 103 of 1994 for comment. GN1088 GG41970/12-10-2018.

Amendment of the schedule of the small enterprise definition (sch 1) in terms of the National Small Enterprise Act 102 of 1996 for comment. GN1094 GG41970/12-10-2018.

Amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R1102 GG41971/12-10-2018.

Draft Regulations on the Registration of Births and Deaths, 2018 in terms of the Births and Deaths Registration Act 51 of 1992. GN1085 GG41970/12-10-2018.

Regulations on Compensation Fund new assessment model in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 for comment. GN1105 GG41977/16-10-2018 and GN1132 GG41984/18-10-2018.

Draft National Biodiversity Framework in terms of the National Environmental Management: Biodiversity Act 10 of 2004. GN1109 GG41982/19-10-2018 and GN1143 GG41996/26-10-2018.

Amendment of the national policy and criteria for implementation of recognition of prior learning in terms of the National Qualifications Framework Act 67 of 2008 for comment. GN1182 GG42001/26-10-2018.

Draft Bills

Draft Fertilizer Bill. GN1083 GG41970/12-10-2018.

Draft Compensation for Occupational Injuries and Diseases Amendment Bill, 2018. GN1133 GG41985/18-10-2018.

Draft Economic Regulation of Transport Bill. GN1135 GG41992/24-10-2018.

Draft Children’s Amendment Bill, 2018. GN1185 GG42005/29-10-2018.

This article was first published in De Rebus in 2018 (Dec) DR 39.