Legislation published from 1 – 30 October 2020

Bills

Expropriation Bill B23 of 2020.

Division of Revenue Second Amendment Bill B24 of 2020.

Second Adjustments Appropriation Bill B25 of 2020.

Rates and Monetary Amounts and Amendment of Revenue Laws Bill B26 of 2020.

Taxations Laws Amendment Bill B27 of 2020.

Tax Administration Laws Amendment Bill B28 of 2020.

Fundraising Amendment Bill B29 of 2020.

Sectional Titles Amendment Bill B31 of 2020.

Promulgation of Acts

Civil Union Amendment Act 8 of 2020. Commencement: 22 October 2020. GN1108 GG43832/22-10-2020 (also available in isiZulu).

Judicial Matters Amendment Act 12 of 2020. Commencement: 22 October 2020. GN1107 GG43831/22-10-2020 (also available in Afrikaans).

Science and Technology Laws Amendment Act 9 of 2020. Commencement: To be proclaimed. GN1105 GG43829/22-10-2020 (also available in isiZulu).

Selected list of delegated legislation

Allied Health Professions Act 63 of 1982

Safety Guidelines: Ayurveda: Ayurvedic Therapies. BN126 GG43810/16-10-2020.

Safety guidelines: Unani-Tibb: Cupping Therapy. BN127 GG43810/16-10-2020.

Broad-Based Black Economic Empowerment Act 53 of 2003

Memorandum of Understanding with Companies and Intellectual Property Commission concerning cooperation. GN1077 GG43784/9-10-2020.

Businesses Act 71 of 1991

Transfer of the administration, powers and functions entrusted by the Act from the Minister of Trade, Industry and Competition to the Minister Small Business Development. Proc31 GG43862/30-10-2020.

Correctional Services Act 111 of 1998

Delegation of competencies to certain posts. GenN592 GG43834/23-10-2020.

Disaster Management Act 57 of 2002

• Education

Directions for a national framework for tuition and accommodation fees for the academic year 2020 in the public higher education institutions. GN1057 GG43772/5-10-2020.

Amendment of directions regarding re-opening of schools and measures to address, prevent and combat the spread of COVID-19 in the Department of Basic Education. GenN579 GG43826/21-10-2020.

• Employment and labour

Consolidated directions on occupational health and safety measures in certain workplaces to address, prevent and combat the spread of COVID-19 in certain workplaces. GN R1031 GG43751/1-10-2020.

• Environment, forestry and fisheries

Directions regarding measures to address, prevent and combat the spread of COVID-19 relating to biodiversity auctions. GN1064 GG43778/7-10-2020 (English) and GN1144 GG43846/26-10-2020 (also available in Setswana).

• General regulations

Amendment of regulations issued in terms of s 27(2). GN1053 GG43763/1-10-2020.

Directions relating to norms and standards for religious gatherings. GN1052 GG43762/1-10-2020 and GN1056 GG43771/3-10-2020.

Extension of the National State of Disaster (COVID-19) to 15 November 2020. GN1090 GG43808/14-10-2020.

Amendment of regulations issued in terms of s 27(2) (alert level 1 lockdown). GN1104 GG43825/21-10-2020.

• Social development

Amendment of directions on measures to address, prevent and combat the spread of COVID-19 in social development. GN1063 GG43777/7-10-2020.

• Sports, arts and culture

Amendment of directions on measures to address, prevent and combat the spread of COVID-19 in sport, arts and culture. GN1062 GG43776/7-10-2020.

• Transport

Amendment of directions on measures to prevent and combat the spread of COVID-19 in the air services for alert level 1. GN1032 GG43752/1-10-2020.

Amendment of directions on measures to prevent and combat the spread of COVID-19 at sea ports for alert level 1. GN1033 GG43753/1-10-2020.

Directions on measures to prevent and combat the spread of COVID-19 in cross-border road transport for alert level 1. GN1034 GG43754/1-10-2020.

Amendment of directions on measures to prevent and combat the spread of COVID-19 land ports. GN1142 GG43843/23-10-2020.

Electricity Regulation Act 4 of 2006

Amendment of the Regulations on New Generation Capacity. GN1093 GG43810/16-10-2020.

Financial Sector Regulation Act 9 of 2017

Functions of the Prudential Authority and the Financial Sector Conduct Authority. GN1094 GG43810/16-8-2020 (also available in Sesotho).

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Repeal of the amendment of the regulations relating to health messages on container labels of alcoholic beverages. GN1143 GG43844/26-10-2020.

Higher Education Act 101 of 1997

Language Policy Framework for Public Higher Education Institutions. GN1160 GG43860/30-10-2020.

Labour Relations Act 66 of 1995

Amendment of regulations (LRA Forms 3.1 and 3.2). GN R1139 GG43835/23-10-2020.

Landscape Architectural Profession Act 45 of 2000

Amendments to the form and type of certificates for registered persons. BN123 GG43784/9-10-2020.

Legal Aid South Africa Act 39 of 2014

Legal Aid Manual tabled in Parliament. GenN572 GG43814/16-10-2020 (also available in Afrikaans).

Magistrates’ Courts Act 32 of 1944

Appointment of places within each regional division for the holding of a court for the adjudication of certain civil disputes and magisterial districts, sub-districts and areas in respect of which such shall exercise jurisdiction. GN1161 GG43861/30-10-2020.

National Environmental Management Act 107 of 1998

Procedures for assessment and minimum criteria for reporting on identified environmental themes, when applying for environmental authorisation. GN1150 GG43855/30-10-2020.

National Environmental Management: Air Quality Act 39 of 2004

Subsequent Pollution Prevention Plan in terms of the National Pollution Plans Regulations. GenN580 GG43827/22-10-2020.

National Environmental Management: Biodiversity Act 10 of 2004

Extension of the commencement date of the Alien and Invasive Species Lists 2020 (from 19 October 2020 to 1 March 2021) and the Alien and Invasive Species Regulation, 2020 (from 26 October 2020 to 1 March 2021). GN1100 GG43818/16-10-2020.

National Qualifications Framework Act 67 of 2008

Policy and criteria for recognising a professional body and registering a professional designation. GN1054 GG43764/2-10-2020 and GN1061 GG43775/7-10-2020.

National Railway Safety Regulator Act 16 of 2002

Regulations regarding infrastructure or activity affecting safe railway operations. GenN604 GG43834/23-10-2020 (also available in Sesotho).

Prescribed Rate of Interest Act 55 of 1975

Prescribed rate of interest: 7,25% per annum as from 1 July 2020. GN1067 GG43781/9-10-2020 (also available in Afrikaans).

Public Audit Act 25 of 2004

Memorandum of Agreement between the Auditor-General of South Africa and National Treasury. GN1084 GG43800/13-10-2020.

Public Protector Act 23 of 1994

Amendment of rules relating to investigations by the Public Protector and matters incidental thereto. GN1047 GG43758/2-10-2020.

Road Accident Fund Act 56 of 1996

Adjustment of the statutory limit in respect of claims for loss of income and loss of support (R 297 877 with effect from 31 October 2020). BN129 GG43855/30-10-2020 (also available in Afrikaans).

Rules Board for Courts of Law Act 107 of 1985

Amendment of the Rules Regulating the Conduct of Proceedings of Supreme Court of Appeal of South Africa (r 11, 13 and 17 with effect from 1 December 2020). GN R1158 GG43856/30-10-2020 (also available in Afrikaans).

Amendment of Rules Regulating Conduct of Proceedings of the Magistrates’ Courts of South Africa (r 5, 33, 76, 84, 86 and Part I of Table A of Annexure 2). GN R1156 GG43856/30-10-2020 (also available in Afrikaans).

Amendment of Rules Regulating Conduct of Proceedings of several Provincial and Local Divisions of the High Courts of South Africa (r 35, 45A and 65, 67-70). GN R1157 GG43856/30-10-2020 (also available in Afrikaans).

Skills Development Act 97 of 1998

Re-establishment of the Mining Qualifications Authority from 1 April 2022 to 31 March 2030. GN1131 GG43834/23-10-2020.

Spatial Planning and Land Use Management Act 16 of 2013

Declaration of portions of the Karoo as a region. GenN577 GG43822/19-10-2020.

Tax Administration Act 28 of 2011

Regulations for the purposes of para (a) of the definition of ‘international tax standard’ in s 1 of the Act, specifying the changes to the Organisation for Economic Co-operation and Development Standard for automatic exchange of financial account information. GN R1070 GG43781/9-10-2020.

Value-Added Tax Act 89 of 1991

Amendment of para 8 of sch 1 to regulate the exemption from VAT on the importation of goods for official use in terms of an agreement entered into by the Republic. GN R1069 GG43781/9-10-2020 (also available in Afrikaans).

Draft delegated legislation

• Draft South African Police Service Amendment Bill, 2020 for comment. GN1030 GG43750/1-10-2020.
• Amendment of the Administrative Adjudication of Road Traffic Offences Regulations, 2008 in terms of the Administrative Adjudication of Road Traffic Offences Act 46 of 1998 for comment. GN1049 GG43758/2-10-2020.
• Amendment of r 54.9.2.1 of the Legal Practice Council in terms of the Legal Practice Act 28 of 2014 for comment. GenN547 GG43784/9-10-2020.
• Amendment of r 16.10 of the Legal Practice Council in terms of the Legal Practice Act 28 of 2014 for comment. GenN548 GG43784/9-10-2020.
• Draft regulations to domesticate the requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade in terms of the National Environmental Management Act 107 of 1998 for comment. GN1088 GG43802/13-10-2020.
• Exposure Draft 185 on the Effects of Past Decisions on Materiality in terms of the Public Finance Management Act 1 of 1999 for comment. BN124 GG43810/16-10-2020.
• Amendment of the Municipal Supply Chain Management Regulations, 2005 in terms of the Local Government: Municipal Finance Management Act 56 of 2003 for comment. GN1095 GG43810/16-10-2020.
• Proposed extension of the Tshwane Automotive Special Economic Zone in terms of the Special Economic Zones Act 16 of 2014. GenN574 GG43817/16-10-2020.
• National Code of Practice for the Training Providers of Lifting Machine Operators in terms of the Occupational Health and Safety Act 85 of 1993 for comment. GN R1138 GG43835/23-10-2020.
• Amendment of the Civil Aviation Regulations, 2011 (sch 1, Part 187) in terms of the Civil Aviation Act 13 of 2019 for comment. GN R1140 GG43835/23-10-2020.
• Draft proposal on the implementation of s 74 of the Act: Abolition of the statutory status of the Committee of University Principals, the Matriculation Board and the Committee of Technikon Principals in terms of the Higher Education Act 101 of 1997 for comment. GN1147 GG43851/28-10-2020.
• Amendment of the Civil Aviation Regulations, 2011 (sch 1, Part 1; sch 2, Part 1; sch 3, Part 172; sch 4 (SA CATS 141); and sch 5 (SA CATS 172)) in terms of the Civil Aviation Act 13 of 2009 for comment. GN R1159 GG43856/30-10-2020.

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 (Dec) DR 31.