Legislation published from 1 November – 31 December 2020

Bills

Traditional Courts Bill B1C of 2017.

Traditional Courts Bill B1D of 2017.

Cybercrimes Bill B6B of 2017.

Cybercrimes Bill B6D of 2017.

Local Government: Municipal Systems Amendment Bill B2B of 2019.

Recognition of Customary Marriages Amendment Bill B12A of 2019.

Recognition of Customary Marriages Amendment Bill B12B of 2019.

Upgrading of Land Tenure Rights Amendment Bill B6B of 2020.

Electoral Laws Amendment Bill B22A of 2020.

Electoral Laws Amendment Bill B22B of 2020.

Rates and Monetary Amounts and Amendment of Revenue Laws Bill B26A of 2020.

Rates and Monetary Amounts and Amendment of Revenue Laws Bill B26B of 2020.

Taxation Laws Amendment Bill B27A of 2020.

Taxation Laws Amendment Bill B27B of 2020.

Pension Funds Amendment Bill B30 of 2020.

Sectional Titles Amendment Bill B31 of 2020.

Correctional Services Amendment Bill B32 of 2020.

Agricultural Produce Agents Amendment Bill B33 of 2020.

Commencement of Acts

Traditional and Khoi-San Leadership Act 3 of 2019. Commencement: 1 April 2021. Proc38 GG43981/11-12-2020 (also available in Afrikaans).

Border Management Authority Act 2 of 2020, ss 7 – 12. Commencement: 1 January 2021. Proc41 GG44038/24-12-2020 (also available in Sepedi).

Promulgation of Acts

Disaster Management Tax Relief Act 13 of 2020. Commencement: 5 November 2020. GN1188 GG43883/5-11-2020 (also available in Afrikaans and isiXhosa).

Disaster Management Tax Relief Administration Act 14 of 2020. Commencement: 1 April 2020.  GN1189 GG43884/5-11-2020 (also available in Afrikaans).

Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Act 15 of 2020. Commencement: 23 December 2020. GN1416 GG44034/23-12-2020 (also available in Afrikaans).

Social Assistance Amendment Act 16 of 2020. Commencement: To be proclaimed. GN1414 GG44035/23-12-2020 (also available in Afrikaans).

Selected list of delegated legislation

Airports Company Act 44 of 1993

Airport charges. GenN738 GG44031/24-12-2020.

Allied Health Professions Act 63 of 1982

Allied Health Professions Council of South Africa: 2021 annual fees. BN142 GG43962/4-12-2020.

Agricultural Produce Agents Act 12 of 1992

Biosecurity rules for livestock agents. BN135 GG43900/13-11-2020.

Auditing Profession Act 26 of 2005

Amendment of the Code of Professional Conduct for Registered Auditors. BN141 GG43962/4-12-2020.

Banks Act 94 of 1990

Amendment of Regulations. GenN724 GG44003/18-12-2020 and GN1427 GG44048/31-12-2020.

Broad-Based Black Economic Empowerment Act 53 of 2003

Applications for market access permits for agricultural products in terms of the World Trade Organisation (WTO) Agreement for 2021 (Marrakesh Agreement) to be issued to importers into the Republic for certain quantities and reduced levels of duty. GN R1227 GG43909/17-11-2020.

Child Justice Act 75 of 2008

Accredited diversion service providers and diversion programmes. GN1356 GG44003/18-12-2020.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Regulations on Compensation Fund’s Tariffs of Assessment. GN1282 GG43959/3-12-2020.

Disaster Management Act 57 of 2002

• Correctional services

Measures to address, prevent and combat the spread of COVID-19 in all correctional centres and remand detention facilities in South Africa. GN1197 GG43894/10-11-2020.

• Communication

Amendment of the Information and Communications Technology (ICT) COVID-19 National Disaster Regulations in terms of the Electronic Communications Act 36 of 2005. GenN678 GG43945/27-11-2020.

• Education

Directions regarding the marking of examination scripts of the 2020 National Senior Certificate and Senior Certificate examinations and measures to address, prevent and combat the spread of COVID-19. GenN748 GG44054/31-12-2020.

• General regulations

Amendment of regulations issued in terms of s 27(2) (alert level 1 lockdown: Partial opening of borders, sale and dispensing of liquor, offences and passenger ships). GN1199 GG43897/11-11-2020.

Extension of the National State of Disaster (COVID-19) to 15 December 2020. GN1225 GG43905/14-11-2020.

Amendment of regulations issued in terms of s 27(2). GN1290 GG43964/3-12-2020.

Geographical area or cluster of geographical areas determined as hotspots for COVID-19. GN1291 GG43965/3-12-2020, GN1345 GG43996/14-12-2020 and GN R1424 GG44045/29-12-2020.

Explanatory note: Alert level 1 during COVID-19 lockdown. GN1292 GG43966/3-12-2020.

Amendment of regulations issued in terms of s 27(2) (alert level 1 lockdown). GN1346 GG43997/15-12-2020, GN1370 GG44009/17-12-2020 and GN1421 GG44042/24-12-2020.

Amendment of regulations issued in terms of s 27(2) (alert level 3 lockdown). GN R1435 GG44051/29-12-2020.

Amendment of regulations issued in terms of s 27(2) (adjusted alert level 3). GN R1423 GG44044/29-12-2020.

• Health

Amendment of directions regarding measures to prevent and combat the spread of COVID-19. GN1278 GG43954/3-12-2020 and GN1360 GG44004/15-12-2020.

• Home Affairs

Amendment of directions regarding measures to prevent and combat the spread COVID-19 in Home Affairs. GN1277 GG43953/3-12-2020.

• Social development

Amendment of directions on measures to address, prevent and combat the spread of COVID-19. BN131 GG43866/2-11-2020.

• Transport

Amendment of directions on measures to prevent and combat the spread of COVID-19 in the air services for alert level 1. GN1279 GG43956/3-12-2020.

Amendment of directions on measures to prevent and combat the spread of COVID-19 in cross-border road transport for alert level 1. GN1280 GG43957/3-12-2020.

Amendment of directions regarding measures to prevent and combat the spread of COVID-19: Determination of extension for the validity period of learner’s licences, driving licence cards, licence discs, professional driving permits and registration of motor vehicles. GN1281 GG43958/3-12-2020.

Amendment of directions relating to measures to prevent and combat the spread of COVID-19 in public transport services. GN1344 GG43995/14-12-2020 and GN1420 GG44040/24-12-2020.

Films and Publications Act 65 of 1996

Amendment of the Films and Publications Tariff’s Regulations. GN1174 GG43872/6-11-2020.

Gas Regulator Levies Act 75 of 2002

Levy and interest payable on petroleum pipelines. GN1342 GG43994/14-12-2020.

Levy and interest payable on piped-gas. GN1343 GG43994/14-12-2020.

Higher Education Act 101 of 1997

Policy framework for internationalisation of higher education in South Africa, 2019. GN1176 GG43872/6-11-2020.

Interim Protection of Information Land Rights Act 31 of 1996

Extension of the application of the Act until till 31 December 2021 (also available in Afrikaans). GN1323 GG43981/11-12-2020.

International Co-operation in Criminal Matters Act 75 of 1996

Mutual Legal Assistance in Criminal Matters Treaty and Extradition Treaty between South Africa and Bangladesh. GN1324 GG43981/11-12-2020.

International Trade Administration Act 71 of 2002

Amendment of the Automotive Production and Development Programme Regulations. GN R1348 GG44001/15-12-2020.

Legal Practice Act 28 of 2014

Amendment of the rules of the South African Legal Practice Council (r 54.12 and 54.15.3). GenN626 GG43872/6-11-2020.

Marine Living Resources Act 18 of 1998

Amendment of Regulations. GN1373 GG44017/18-12-2020.

Marketing of Agricultural Products Act 47 of 1996

Establishment of a statutory measure and determination of differentiated levy on planted hectares for funding of an integrated area wide fruit fly control programme in specified production areas. GN R1276 GG43952/2-12-2020.

Medicines and Related Substances Act 101 of 1965

Exclusion of sch 2, sch 3 and sch 4 substances from the operation of certain provisions of the Act. GN1233 GG43913/20-11-2020.

Updated schedules. GN R1375 GG44019/18-12-2020.

Regulations regarding fees payable. GN R1379 GG44026/22-12-2020.

Merchandise Marks Act 17 of 1941

Prohibition of the use of Companies and Intellectual Property Commission Logo biz PORTAL. GN1226 GG43906/16-11-2020.

National Energy Act 34 of 1998

Regulations for the mandatory display and submission of energy performance certificates for buildings. GenN700 GG43972/8-12-2020 (also available in isiZulu and Sesotho).

National Environmental Management: Waste Act 59 of 2008

Regulations regarding Extended Producer Responsibility. GN1184 GG43879/5-11-2020.

Extended producer responsibility scheme for the electrical and electronic equipment sector. GN1185 GG43880/5-11-2020.

Extended producer responsibility scheme for the lighting sector. GN1186 GG43881/5-11-2020.

Extended producer responsibility scheme for paper, packaging and some single use products. GN1187 GG43882/5-11-2020.

National Health Act 61 of 2003

Enforcement policy in terms of the Procedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the Ombud. GN1286 GG43962/4-12-2020.

Occupational Health and Safety Act 85 of 1993

Asbestos Abatement Regulations, 2020. GN R1196 GG43893/10-11-2020.

Incorporation of Health and Safety Standard: Code of Practice for commercial zip line and aerial adventure parks. GN R1399 GG44029/24-12-2020.

Pharmacy Act 53 of 1974

Fees payable to the council. BN132 GG43870/4-11-2020.

Guidelines for the registration of persons who hold a Bachelor of Pharmacy degree as Pharmacist’s Assistant Post-Basic. BN138 GG43934/27-11-2020.

Plant Breeders’ Rights Act 15 of 1976

Amendment of the regulations relating to plant breeders’ rights. GN1249 GG43934/27-11-2020.

Prescribed Rate of Interest Act 55 of 1975

Prescribed rate of interest from 1 September 2020. GN R1182 GG43873/6-11-2020 (also available in Afrikaans).

Private Security Industry Regulation Act 56 of 2001

Amendment of Regulations. GN1325 GG43981/11-12-2020.

Project and Construction Management Professions Act 48 of 2000

Fees and charges for 2021/22 financial year. BN140 GG43948/1-12-2020 and BN165 GG44031/24-12-2020.

Promotion of National Unity and Reconciliation Act 34 of 1995

Amendment of the regulations relating to assistance to victims in respect of basic education. GN R1193 GG43890/6-11-2020 and GN R1364 GG44005/18-12-2020 (also available in Afrikaans).

Amendment of the regulations relating to assistance to victims in respect of higher education and training. GN R1194 GG43891/6-11-2020 (also available in Afrikaans).

Increased amounts in terms of the regulations relating to assistance to victims in respect of higher education and training. GN R1302 GG43979/11-12-2020 (also available in Afrikaans).

Public Service Act 103 of 1994

Amendment of the official form (Z83 Application for Employment Form) in terms of the Public Service Regulations, 2016. GenN627 GG43872/6-11-2020.

Amendment of the official form (Z1(a) Application for Leave of Absence Form) in terms of the Public Service Regulations, 2016. GN1355 GG44003/18-11-2020.

Refugee Act 130 of 1998

Amendment of the Refugee Appeals Authority Rules. GN1234 GG43913/20-11-2020.

Societies for the Prevention of Cruelty to Animals Act 169 of 1993

National Council of Societies for the Prevention of Cruelty to Animals: Amendment of rules. BN137 GG43913/20-11-2020.

South African Schools Act 84 of 1996

Amendment of the Curriculum and Policy Statement of the National Curriculum Statement to provide for minimum outcomes and standards and a national process and procedure for the assessment of learner achievement. GN1261 GG43934/27-11-2020.

National norms and standards for school funding: Schools that may not charge school fees (no-fee schools) in 2021. GN1376 GG44020/18-12-2020.

Tax Administration Act 28 of 2011

Extension of the deadline to file country-by-country returns: 31 December 2020 or 31 January 2021 deadline to 28 February 2021; and the 28 February 2021 deadline to 31 March 2021. GN1236 GG43913/20-11-2020 (also available in Afrikaans).

Veterinary and Para-Veterinary Professions Act 19 of 1982

Amendment of the regulations relating to veterinary and para-veterinary professions (fees). GenN662 GG43913/20-11-2020.

Draft Bills

Draft National Small Enterprise Amendment Bill, 2020, for comment. GenN709 GG43981/11-12-2020.

Draft delegated legislation

• Draft Sports Broadcasting Services Amendment Regulations, 2020 in terms of the Independent Communications Authority of South Africa Act 13 of 2000 for comment. GenN635 GG43877/5-11-2020.
• Classes of stock remedies relating to the proposed Draft Stock Remedy Regulations in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947 for comment. GN R1180 GG43873/6-11-2020.
• Rules relating to good pharmacy practice in terms of the Pharmacy Act 53 of 1974 for comment. BN139 GG43934/27-11-2020.
• Draft methodological guidelines for quantification of greenhouse gas emissions – carbon sequestration in the forestry industry to support the implementation of the Greenhouse Gas Emission Regulations, 2016 in terms of the National Environmental Management: Air Quality Act 39 of 2004 for comment. GN1283 GG43962/4-12-2020.
• Draft Municipal Elections Broadcasts and Political Advertisements Amendment Regulations, 2020 in terms of the Independent Communications Authority of South Africa Act 13 of 2000. GenN716 GG43984/10-12-2020.
• Proposed electricity licence fees and levies on the Piped-Gas and Petroleum Pipeline Industries for 2021/22 financial year in terms of the Electricity Act 41 of 1987. GN1334 GG43983/10-12-2020.
• Draft regulations regarding nuclear non-proliferation in terms of the Nuclear Energy Act 46 of 1999 for comment. GN R1304 GG43979/11-12-2020.
• Amendment of regulations (declaring Amaranthus palmeri as a weed) in terms of the Conservation of Agricultural Resources Act 43 of 1983 for comment. GN R1396 GG44029/24-12-2020.
• Proposed Farm Planning Regulations in terms of the Conservation of Agricultural Resources Act 43 of 1983 for comment. GN R1395 GG44029/24-12-2020.
• Proposed amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R1411 GG44029/24-12-2020.
• Determination of permit fees in terms of s 23(2) of the National Railway Safety Regulator Act 16 of 2002 for comment. GN1394 GG44031/24-12-2020.
• Draft Official Identity Management Policy (of the Department of Home Affairs) in terms of the Constitution. GN1425 GG44048/31-12-2020.
• Draft One-Stop Border Post Policy (of the Department of Home Affairs) in terms of the Constitution. GN1426 GG44048/31-12-2020.

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 2021 (Jan/Feb) DR 41.