New legislation – January/February 2020

February 1st, 2020
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Legislation published from 1 November – 31 December 2019

Bills

National Environmental Management Laws Amendment Bill B14D of 2017.

Taxation Laws Amendment Bill B18A of 2019.

Taxation Laws Amendment Bill B18B of 2019.

Military Discipline Bill B21 of 2019.

Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill B22 of 2019.

Promulgation of Acts

Traditional and Khoi-San Leadership Act 3 of 2019. Commencement. To be proclaimed. GN1550 GG42865/28-11-2019 (also available in Afrikaans).

Traditional Leadership and Governance Framework Amendment Act 2 of 2019. Commencement: 28 November 2019. GN1552 GG42867/28-11-2019 (also available in Siswati).

Critical Infrastructure Protection Act 8 of 2019. Commencement: To be proclaimed. GN1551 GG42866/28-11-2019 (also available in isiXhosa).

Special Appropriation Act 25 of 2019. Commencement: 22 November 2019. GN1525 GG42852/22-11-2019 (also available in isiXhosa).

Commencement of Acts

Electronic Deeds Registration Systems Act 19 of 2019, s 2. Commencement: 2 December 2019. Proc59 GG42871/29-11-2019 (also available in Afrikaans).

Labour Laws Amendment Act 10 of 2018, ss 1 to 7. Commencement: 1 January 2020. GN R1699 GG42925/23-12-2019 (also available in Setswana).

Refugees Amendment Act 33 of 2008. Commencement: 1 January 2020. Proc R60 GG42932/27-12-2019 (also available in Afrikaans).

Selected list of delegated legislation

Agricultural Pests Act 36 of 1983

Amendment of control measures relating to honey-bees. GN R1511 GG42850/22-11-2019.

Allied Health Professions Act 63 of 1982

Allied Health Professions Council: Registration and other fees for 2020. BN193 GG42861/29-11-2019.

Animal Diseases Act 35 of 1984

Control measures relating to Foot and Mouth Disease in certain areas. GN1565 GG42883/4-12-2019.

Architectural Profession Act 44 of 2000

Specified categories of registration. BN189 GG42849/22-11-2019.

Carbon Tax Act 15 of 2019

Regulations on carbon offsets. GN1556 GG42873/29-11-2019.

Council for the Built Environment Act 43 of 2000

Scope of work for categories of registration of property valuers profession. GN1537 GG42861/29-11-2019.

Deeds Registries Act 47 of 1937

Amendment of regulations. GN R1418 GG42813/1-11-2019 (also available in Afrikaans).

Firearms Control Act 60 of 2000

Declaration of an amnesty in terms of s 139. GN1527 GG42858/27-11-2019.

Government Employees Pension Law

Amendment of the rules of the Government Employees Pension Fund. GenN596 GG42819/1-11-2019.

Health Professions Act 56 of 1974

Amendment of regulations relating to qualifications which entitles psychologists to registration. GN R1490 GG42843/15-11-2019 (also available in Sesotho).

Income Tax Act 58 of 1962

Agreement between South Africa and the Commonwealth of Dominica for exchange of information relating to tax matters. GN1573 GG42887/6-12-2019 (also available in Afrikaans).

Labour Relations Act 66 of 1995

Bargaining councils and statutory councils accredited by the Commission for Conciliation, Mediation and Arbitration for conciliation and/or arbitration and/or inquiry by arbitrator from 1 November 2019 to 31 December 2023. GenN627 GG42861/29-11-2019.

Land Survey Act 8 of 1997

Offices of the Chief Surveyor-General and the Surveyors-General: Fees to be charged for products and services. GN1541 GG42861/29-11-2019.

Legal Practice Act 28 of 2014

Amendment to r 54.7 of the rules published under ss 95(1), 95(3) and 109(2). GN1432 GG42829/8-11-2019.

Liquor Act 59 of 2003

Memorandum of understanding between Broad-Based Black Economic Empowerment (B-BBEE) Commission and the National Liquor Authority. GN1411 GG42812/1-11-2019.

Military Pensions Act 84 of 1976

Determination of amounts. GN R1485 GG42840/15-11-2019 (also available in Afrikaans).

Mineral and Petroleum Resources Development Act 28 of 2002

Housing and living conditions standard for minerals industry, 2019. GN R1590 GG42899/11-12-2019.

National Forests Act 84 of 1998

Protected tree species. GenN635 GG42887/6-12-2019.

National Ports Act 12 of 2005

Memorandum of understanding between B-BBEE Commission and the Ports Regulator of South Africa. GN1410 GG42812/1-11-2019.

Nursing Act 33 of 2005

Regulations relating to the approval of and the minimum requirements for education and training of learners leading to registration in the category midwife. GN1497 GG42849/22-11-2019.

Occupational Health and Safety Act 85 of 1993

Ergonomics Regulations, 2019. GN R1589 GG42894/6-12-2019.

Petroleum Pipelines Act 60 of 2003

Amendment of the Petroleum Pipeline Rules. GN1463 GG42837/13-11-2019.

Pharmacy Act 53 of 1974

South African Pharmacy Council: Fees payable in 2020. BN188 GG42845/15-11-2019.

Regulations relating to continuing professional development. BN201 GG42895/10-12-2019.

Amendment of the rules relating to good pharmacy practice (GPP). BN205 GG42906/13-12-2019.

Project and Construction Management Professions Act 48 of 2000

Scope of services for professional building inspectors. BN190 GG42853/22-11-2019 and BN191 GG42856/25-11-2019.

Fees and charges from 1 January 2020. BN195 GG42868/28-11-2019 and BN200 GG42893/6-12-2019.

Property Valuers Profession Act 47 of 2000

Rules for the Property Valuers Profession, 2020. GenN653 GG42902/13-12-2019.

Refugees Act 130 of 1998

Regulations. GN R1707 GG42932/27-12-2019.

South African Weather Services Act 8 of 2001

Regulations regarding fees for provision of the aviation meteorological services. GN1526 GG42855/25-11-2019.

Unemployment Insurance Act 63 of 2001

Amendment of Unemployment Insurance Act regulations. GN R1421 GG42821/4-11-2019.

Draft delegated legislation

  • Draft National Botanical Garden Expansion Strategy 2019 – 2030 in terms of the National Environmental Management: Biodiversity Act 10 of 2004 for comment. GenN607 GG42839/15-11-2019.
  • Bovine Brucellosis Control Policy in terms of the Animal Diseases Act 35 of 1984 for comment. GN1464 GG42839/15-11-2019.
  • Draft Major Hazard Installation Regulations, 2019 in terms of the Occupational Health and Safety Act 85 of 1993 for comment. GN R1483 GG42840/15-11-2019.
  • Revised national norms and standards for funding technical and vocational education and training colleges in terms of the Continuing Education and Training Act 16 of 2006 for comment. GenN615 GG42849/22-11-2019.
  • Draft amendment regulations in terms of the Financial Sector Regulation Act 9 of 2017 for comment. GN R1555 GG42872/29-11-2019 (also available in Setswana).
  • Draft Public Administration Management Regulations on Conducting Business with State and the Disclosure of Financial Interests and Ethics, Integrity and Discipline Technical Assistance Unit, 2019 and the Office of Standards and Compliance, 2019 in terms of the Public Administration Management Act 11 of 2014 for comment. GN1536 GG42861/29-11-2019.
  • Guideline for the removal of pharmacy registration/recording as a result of non-compliance with the GPP and other pharmacy legislation in terms of the Pharmacy Act 53 of 1974 for comment. BN196 GG42875/29-11-2019.
  • Draft Mine Community Resettlement Guidelines, 2019 in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 for comment. GN1566 GG42884/4-12-2019.
  • Rules for continuing professional development and renewal of registration in terms of the Nursing Act 33 of 2005 for comment. GN1569 GG42887/6-12-2019.
  • South African Pharmacy Council: Restoration requirements and process for pharmacists who have been removed from the register in terms of the Pharmacy Act 53 of 1974 for comment. BN202 GG42895/10-12-2019.
  • Intention to deem persons in the film and television industry as employees for purposes of some parts of the Basic Conditions of Employment Act 75 of 1997, National Minimum Wage Act 9 of 2018, Labour Relations Act 66 of 1995 and the Compensation for Occupational Injuries and Diseases Act 130 of 1993 for comment. GN R1591 GG42900/11-12-2019.
  • The South African Geomatics Council: Draft tariffs or fees guidelines: Land surveying in terms of the Geomatics Profession Act 19 of 2013 for comment. BN203 GG42902/13-12-2019.

Draft Bills

  • Draft National Sport and Recreation Amendment Bill published on 11-12-2019.
  • Draft Constitution Eighteenth Amendment Bill, 2019. GenN652 GG42902/13-12-2019.
  • Draft Upstream Petroleum Resources Development Bill. GN1706 GG42931/24-12-2019.

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 (Jan/Feb) DR 31.