New legislation – January/February 2022

February 1st, 2022
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Legislation published from 1 November – 31 December 2021

 

Bills

Division of Revenue Amendment Bill B19 of 2021.

Adjustments Appropriation Bill B20 of 2021.

Rates and Monetary Amounts and Amendment of Revenue Laws Bill B21 of 2021.

Taxation Laws Amendment Bill B22 of 2021.

Tax Administration Laws Amendment Bill B23 of 2021.

Commencement of Acts

Hydrographic Act 35 of 2019. Commencement: 29 October 2020. Proc39 GG45426/5-11-2021.

Cybercrimes Act 19 of 2020 (only certain sections). Commencement: 1 December 2021. Proc R42 GG45562/30-11-2021.

Promulgation of Acts

Second Special Appropriation Act 15 of 2021. Commencement: 22 December 2021. GenN742 GG45698/22-12-2021.

Selected list of delegated legislation

Air Traffic and Navigation Services Company Act 45 of 1993

Air traffic service charges. GenN740 GG45690/24-12-2021.

Architectural Profession Act 44 of 2000

Guideline professional fees. BN172 GG45554/26-11-2021.

Audit Profession Act 26 of 2005

Adoption of the International Quality Control, Auditing, Review, Other Assurance and Related Services Pronouncements (IAASB) Handbook. BN146 GG45500/19-11-2021.

Carbon Tax Act 15 of 2019

Renewable energy premium in respect of the tax period from 1 January 2020, for purposes of Symbol ‘B’ in the formula contained in s 6(2). GN1627 GG45654/15-12-2021.

Civil Aviation Act 13 of 2009

Twenty-first Amendment of the Civil Aviation Regulations, 2021. GN R1503 GG45491/15-11-2021.

Amendment of the schedules to the Civil Aviation Regulations, 2011. GN1613 GG45648/14-12-2021.

Companies Act 71 of 2008

Practice note 1 of 2022: Requirements for the reinstatement of companies and close corporations in terms of the reg 40 of the Companies Regulations. GN1654 GG45703/31-12-2021.

Conservation of Agricultural Resources Act 43 of 1983

Amendment of regulations. GN1580 GG45616/10-12-2021.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Increase in monthly pensions and the manner of calculating compensation. GN1494 GG45452/12-11-2021.

Constitution of the Republic of South Africa, 1996

Transfer of administration, powers and functions entrusted by legislation to certain Cabinet members in terms of s 97. Proc41 GG45500/19-11-2021 (also available in isiZulu).

Deeds Registries Act 47 of 1937

Amendment of regulations. GN R1595 GG45625/10-12-2021 (also available in Afrikaans).

Disaster Management Act 57 of 2002 (COVID-19)

  • General regulations

Extension of the National State of Disaster under the COVID-19 lockdown to 15 December 2021. GN R1501 GG45485/13-11-2021.

Extension of the National State of Disaster under the COVID-19 lockdown to 15 January 2022. GN R1598 GG45633/10-12-2021.

Amended alert level 1 regulations. GN R1646 GG45697/21-12-2021.

Amendment of the adjusted alert level 1 regulations. GN R1659 GG45715/30-12-2021.

  • Transport

Directions in terms of reg 4(7): The taxi relief fund towards the impact of COVID-19 in the taxi industry. GN1567 GG45575/2-12-2021.

Electronic Communications Act 36 of 2005

Information and Communications Technology Coronavirus COVID-19 National Disaster Regulations. GenN661 GG45458/11-11-2021.

Implementation of the Number Portability Regulations on 7 March 2022. GenN731 GG45653/15-12-2021.

Amendment to the Radio Frequency Spectrum Regulations, 2015. GenN737 GG45690/24-12-2021.

Amendment of the ordering system specification for number portability. GenN748 GG45713/30-12-2021.

Employment of Educators Act 76 of 1998

Improvement in the conditions of service of educators: Annual cost-of-living adjustment for educators employed in terms of the Act, with effect from 1 April 2021. GN1600 GG45640/15-12-2021.

Interim Protection of Informal Land Rights Act 31 of 1996

Extension of the application of the provisions of the Act to 31 December 2021. GN1635 GG45687/20-12-2021 (also available in Afrikaans).

Legal Practice Act 28 of 2014

Amendment of r 30.1 of the Rules of the Council (conversion of enrolment from attorney to that of an advocate and vice versa). GenN665 GG45482/12-11-2021 and GenN657 GG45452/12-11-2021.

Amendment of r 22.1.4.2 of the Rules of the Council (absence of candidate attorneys). GenN658 GG45452/12-11-2021 and GenN666 GG45482/12-11-2021.

Amendment of Code of Conduct: Amendment of clause 13 and insertion of clause 25.9 and 41.6 (sharing of offices). GenN655 GG45452/12-11-2021, GenN659 GG45452/12-11-2021, GenN663 GG45482/12-11-2021 and GenN667 GG45482/12-11-2021.

Amendment of r 54.34 of the Rules of the Council (designation of the main office of a firm). GenN656 GG45452/12-11-2021 and GenN664 GG45482/12-11-2021.

Amendment of r 30.4.4.2 (application for the conversion of enrolment), 32.2.2 (conversion of enrolment to that of an attorney) and 47.7.1 (conversion and the Fidelity Fund) the Rules of the Council. GenN673 GG45500/19-11-2021.

Marine Living Resources Act 18 of 1998

General policy on the allocation and management of commercial fishing rights, 2021. GN1515 GG45504/19-11-2021.

Medicines and Related Substances Act 101 of 1965

Exclusion of COVID-19 vaccines from the operation of certain provisions. GN1502 GG45487/15-11-2021.

Exclusion of schedule 0 medicines from the operation of ss 18 and 22G. GN1581 GG45616/10-12-2021.

National Environmental Management Act 107 of 1998

Environmental Implementation Plan (EIP), 2020-2025. GenN645 GG45425/5-11-2021.

Suspension of the implementation of the regulations to domesticate the requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, for a period of 12 months. GN1513 GG45502/18-11-2021 and GN1514 GG45503/19-11-2021.

Amendment of the procedures to be followed in applying or deciding on an environmental authorisation application for large scale wind and solar photovoltaic renewable energy development activities when occurring in renewable energy development zones. GN1617 GG45649/17-12-2021.

National Environmental Management: Air Quality Act 39 of 2004

Technical guidelines for the validation and verification of greenhouse gas emissions. GN1496 GG45452/12-11-2021.

National Policy Act 27 of 1996

Policy on the Prevention and Management of Learner Pregnancy in Schools. GenN704 GG45580/3-12-2021.

National Small Business Amendment Act 29 of 2004

Merging the Small Enterprise Finance Agency and the Small Enterprise Development Agency into a new single agency. GN1499 GG45469/12-11-2021 and GN1500 GG45478/12-11-2021.

Private Security Industry Regulation Act 56 of 2001

Annual fee increase. GenN693 GG45568/3-12-2021.

Promotion of Access to Information Act 2 of 2000

Regulations Relating to the Promotion of Access to Information, 2021: PAIA Guides. GN1504 GG45492/16-11-2021.

Public Audit Act 25 of 2004

Audit Directive. GN1599 GG45637/13-12-2021.

Public Finance Management Act 1 of 1999

Borrowing powers of public entities listed under sch 3, part A of the Act. GN1593 GG45623/10-12-2021.

Rate of interest on government loans from 1 January 2022. GenN746 GG45703/31-12-2021.

Remuneration of Public Office Bearers Act 20 of 1998

Determination of upper limits of salaries, allowances and benefits of different members of municipal councils for 2020/21 municipal financial year. GN1465 GG45420/2-11-2021.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa. GN R1604 GG45645/17-12-2021 (also available in Afrikaans).

Amendment of the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal of South Africa. GN R1602 GG45645/17-12-2021 (also available in Afrikaans).

Amendment of the Rules regulating the conduct of the Proceedings of the Several Provincial and Local Division of the High Court of South Africa. GN R1603 GG45645/17-12-2021.

Social Service Professions Act 110 of 1978

Fees payable by social workers, child and youth care workers, social auxiliary workers, auxiliary child and youth care workers, student social workers and student child and youth care workers’ amendment regulations. GN R1512 GG45501/19-11-2021.

South African Schools Act 84 of 1996

National norms and standards for school funding: Schools that may not charge school fees. GN1574 GG45613/9-12-2021.

Statistics Act 6 of 1999

Date of Population Census 2022: 2 February 2022. GN1628 GG45655/15-12-2021.

Tax Administration Act 28 of 2011

Incidences of non-compliance that are subject to a fixed amount penalty in terms of ss 210 and 211. GN1531 GG45540/26-11-2021 (also available in Afrikaans).

Extension of the due date for Income Tax Returns relating to certain persons. GN1530 GG45539/26-11-2021 (also available in Afrikaans).

Tourism Act 3 of 2014

Norms and standards for the safe operations of the tourism sector in the context of COVID-19 and other related pandemics. GenN696 GG45568/3-12-2021.

Traditional and Khoi-San Leadership Act 3 of 2019

Determination of the date from which Khoi-San communities and leaders may lodge applications for recognition with the Commission on Khoi-San matters: 30 March 2022. GN1639 GG45690/24-12-2021.

Value-Added Tax Act 89 of 1991

Particulars that a tax invoice must contain if the supply by a vendor relates to any enterprise contemplated in the definition of ‘enterprise’ in s 1(1). GN1583 GG45616/10-12-2021 and GN1594 GG45624/10-12-2021 (also available in Afrikaans).

Veterinary and Para-Veterinary Professions Act 19 of 1982

Amendment of the regulations relating to the veterinary and para-veterinary professions. GenN652 GG45436/8-11-2021.

Draft delegated legislation
  • Regulations defining the scope of the profession of occupational therapy in terms of the Health Professions Act 56 of 1974 for comment. GN1477 GG45426/5-11-2021.
  • Draft Construction Amendment Regulations, 2021 in terms of the Merchant Shipping Act 57 of 1951 for comment. GN R1482 and GN R1483 GG45427/5-11-2021.
  • Draft Marine Traffic Amendment Regulations, 2021 in terms of the Marine Traffic Act 2 of 1981 for comment. GN R1484 GG45427/5-11-2021.
  • Proposed amendments to the list of protected tree species declared as protected in terms of the National Forests Act 84 of 1998 for comment. GN1487 GG45435/8-11-2021.
  • Proposed levies on medical schemes in terms of the Council for Medical Schemes Levies Act 58 of 2000 for comment. GenN672 GG45500/19-11-2021.
  • Proposed amendments to the Code of Professional Conduct for Registered Auditors in terms of the Auditing Profession Act 26 of 2005 for comment. BN173 GG45568/3-12-2021.
  • Procedure to be followed in applying for environmental authorisation for large scale electricity and distribution development activities in geographical areas of strategic importance in terms of the National Environmental Management Act 107 of 1998 for comment. GN1572 GG45605/7-12-2021.
  • Policy and criteria for registration of qualifications and part-qualifications; and policy and criteria for recognition of professional bodies and registration of professional designations in terms of the National Qualifications Framework Act 67 of 2008 for comment. GN1573 GG45610/8-12-2021.
  • Guidelines on accreditation of consumer protection groups in terms of the Consumer Protection Act 68 of 2008 for comment. GN1584 GG45616/10-12-2021.
  • Regulations relating to a transparent pricing system for medicines and scheduled substances: Draft dispensing fee for pharmacists in terms of the Medicines and Related Substances Act 101 of 1965 for comment. GN1618 GG45649/17-12-2021.
  • Draft dispensing fee to be charged by persons licenced in terms of s 22C(1)(a) of the Medicines and Related Substances Act 101 of 1965 for comment. GN1619 GG45649/17-12-2021.
  • National Policy pertaining to the Conduct, Administration and Management of Examination of Colleges Established, Declared or Registered in terms of the Continuing Education and Training Act 16 of 2006 for comment. GN1620 GG45649/17-11-2021.
  • Scope of practice, competency standards and criteria for accreditation of pharmacists providing family planning services in terms of the Pharmacy Act 53 of 1974 for comment. BN180 GG45649/17-12-2021.
  • Regulations defining the scope of practice of the profession of social work in terms of the Social Service Professions Act 110 of 1978 for comment. GN R1610 GG45645/17-12-2021.
  • Amendment of regulations in accordance with s 9 of the National Heritage Resources Act 25 of 1999 for comment. GN R1612 GG45645/17-12-2021.

Philip Stoop BCom LLM (UP) LLD (Unisa) is the Head of the School of Law at STADIO.

This article was first published in De Rebus in 2022 (Jan/Feb) DR 35.

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