New legislation – January/February 2023

February 1st, 2023
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Legislation published from 14 November – 9 December 2022

By Shanay Sewbalas and Johara Ally

 

Acts

Customs and Excise Act 91 of 1964

Amendment to Part 1 of sch 3 (no 3/1/748). GN R2742 GG47519/18-11-2022.

Division of Revenue Amendment Act 15 of 2022
Amends s 7, Column A of schedules 1 and 2, Column A of Part A of sched 4, Column A of Part B of sch 5, Column A of Part B of sch 6 and Columns A of Parts A and B of sch 7 of the Division of Revenue Act 5 of 2022. Date of commencement: 6 December 2022. GenN1486 GG47662/6-12-2022.

Financial Sector and Deposit Insurance Levies (Administration) and Deposit Insurance Premiums Act 12 of 2022
Pending repeal of s 30R of the Pension Funds Act 24 of 1956. Pending substitution of s 35 of the Banks Act 94 of 1990. Pending substitution of s 31 of the Mutual Banks Act 124 of 1993. Pending amendment of s 22(1) of the Financial Advisory and Intermediary Services Act 37 of 2002. Pending amendment of ss 1, 58(1)(g), 238, 239, 241, 244, 245, 246, 248, 288, 301 and arrangement of sections, pending substitution of ss 166BG, 237, 240, 242, 243, pending insertion of s 247(2)(aA) and sch 5 of the Financial Sector Regulation Act 9 of 2017. Date of commencement: 6 December 2022. GN1512 GG47696/9-12-2022.

Financial Sector and Deposit Insurance Levies Act 11 of 2022
Date of commencement to be proclaimed. GN 1511 GG47695/9-12-2022.

 

Bills and White Papers

Comprehensive Maritime Transport Policy Inspired Initiative: Pre-Draft South African Shipping Company Bill, 2022
GenN1458 GG47565/24-11-2022.

Constitution Eighteenth Amendment Bill, 2022
Publication of explanatory summary. GenN1498 GG47665/9-12-2022.

Divorce Amendment Bill, 2022
Notice of intention to introduce a Private Member’s Bill into Parliament and invitation for public comment. GenN1420 GG47526/18-11-2022.

Insourcing Bill, 2022
Notice of intention to introduce a Private Member’s Bill into Parliament and invitation for public comment. GenN1422 GG47526/18-11-2022.

Repeal of the Transkeian Penal Code Bill, 2022
Publication of explanatory summary. GenN1482 GG47637/2-12-2022.

Responsible Spending Bill, 2022
Notice of intention to introduce a Private Member’s Bill into Parliament and invitation for comment. GenN1421 GG47526/18-11-2022.

Sexual Offences Act 23 of 1957
Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2022: Invitation for public comment. GenN1509 GG47693/9-12-2022.

 

Government, General and Board Notices

Agricultural Product Standards Act 119 of 1990
South African Meat Industry Company. GenN1474 GG47632/2-12-2022.

Banks Act 94 of 1990
Notice by the Prudential Authority in terms of s 54(1)(b) of the Act. GenN1423 GG47526/18-11-2022.

Commissions Act 8 of 1947
Amendment to terms of reference of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State. Proc 92 GG47525/16-11-2022.

Companies Act 71 of 2008
Companies and Intellectual Property Commission. GN2739 GG47512/14-11-2022.
Companies and Intellectual Property Commission (Guidance Note 4 of 2021): To guide the clients on requirements pre- and post-registration of a prospectus. GN R2762 GG47556/25-11-2022.

Compensation for Occupational Injuries and Diseases Act 130 of 1993
Notice issued by the Compensation Commissioner under the Act: Employers flagged for the Audit 2021. GenN1464 GG47574/28-11-2022.
Notice issued by the Compensation Commissioner under the Act: Reminder to submit outstanding 2021 and prior years ROE’s. GenN1465 GG47575/28-11-2022.
Final reminder for the submission of 2021 and prior years outstanding Return of Earnings. GenN1466 GG47576/28-11- 2022.

Copyright Act 98 of 1978
Section 9A of the Act read with s 5(1)(b) of the Performers Protection Act 11 of 1967: Accreditation of Imbokodo Performance Rights to act as a Representative Collecting Society. GN2791 GG47559/25-11-2022.

Criminal Procedure Act 51 of 1977
Declaration of peace officers in terms of s 334 of the Criminal Procedure Act: Investigators for the Investigating Directorate. GN R2849 GG47669/9-12-2022.

Criminal Procedure Act 51 of 1977
Declaration of Peace Officers Members of the Border Management Authority (Border Guards) in terms of s 334 of the Act. GN R2828 GG47634/2-12-2022.

Department of Women, Youth and Persons with Disabilities
Annual progress report on implementation of the White Paper on the Rights of Persons with Disabilities, 2017-2020: Approved by Cabinet, May 2022. GN2753 GG47526/18-11-2022.
Final research report impact of COVID-19 on persons with disabilities. GN2752 GG47526/18-11-2022.

Electoral Act 73 of 1998
Publication of reviewed lists of candidates. GenN1411 GG47521/15-11-2022.

Electoral Commission Act 51 of 1996
Registration of Political Parties (Registered between 14 June – 30 November 2022). GenN1483 GG47652/5-12-2022.

Electronic Communications Act 36 of 2005
Erratum Notice to the Draft Radio Frequency Assignment Plan for the Frequency Band 335.4 to 380, 440 to 450 and 1518 to 1525 MHZ in terms of reg 3 of the Radio Frequency Spectrum Regulations, 2015. GN2832, GN2833 and GN2834 GG47654/5-12-2022.

Environmental Impact Management Services
Notification regarding opportunity to participate in an environmental authorisation application process for the proposed TGS Geophysical Survey Basic Assessment Project, located offshore extending from approximately 120 km offshore of St Helena Bay to 230 km offshore of Hondeklip Bay, off the West Coast. GenN1418 GG47526/18-11-2022.

Financial Advisory and Intermediary Services Act 37 of 2002
Amendment of the Qualifications, Experiences and Criteria for approval as Compliance Officer, 2022. GN2815 GG47632/2-12-2022.

Financial Intelligence Centre Act 38 of 2001
Amendment of schedules 1, 2 and 3. GN2800 GG47596/29-11-2022.

Income Tax 58 of 1962
Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting. GN2789 GG47559/25 November 2022.

Infrastructure Development Act 23 of 2014
Section 8(1)(a) read with s 7(1): Presidential Infrastructure Coordinating Commission Council: Strategic Integrated Projects. GN2835 GG47658/6-12-2022.

International Trade Administration Commission of South Africa
Notice of initiation of sunset review of the anti-dumping duties on clear float glass originating in or imported from the Republic of Indonesia. GenN1425 GG47526/18-11-2022.

Labour Relations Act 66 of 1995
Bargaining councils accredited to conduct conciliation and arbitration, subject to conditions where applicable (renewal of accreditation as well as the subsidy amount payable per closed case is R 736,75 as from 1 April 2022 (for 2022/2023 financial year only)). GenN1472 GG47632/2-12-2022.
Private agency accredited to conduct conciliation and arbitration, subject to conditions where applicable (renewal of accreditation of private agency). GenN1473 GG47632/2-12-2022.
Motor Ferry Industry Bargaining Council of South Africa: Extension to Non-Parties of the Main Collective Agreement. GenN1496 GG47665/9-12-2022.
Notice published by the Essential Services Committee in terms of s 71, read with s 70(B)(1)(d) of the Act. GenN1497 GG47665/9-12-2022.
Application for variation of registered scope of a Bargaining Council for the Fishing Industry. GN R2847 GG47669/9-12-2022.
National Bargaining Council for the Clothing Manufacturing Industry: Extension to non-parties of the Main Amending Collective Agreement. GN R2848 GG47669/9-12-2022.
National Bargaining Council for the Road Freight and Logistics Industry: Extension to non-parties of the Main Collective Amending Agreement. GenN1454 GG47559/25-11-2022.
Notice published by the Essential Services Committee in terms of s 71, read with s 71(8) and s 71(8), read with s 71(9): Erratum of GN122 GG44293/19-3-2021. GenN1413 and GenN1414 GG47526/18-11-2022.
National Bargaining Council of the Leather Industry of South Africa: Extension to non-parties of the Tanning Section Collective Amending Agreement. GN R2740 GG47519/18-11-2022.

Marine Living Resources Act 18 of 1998
Repeal of designation of posts in an organ of state of which the incumbents are Fishery Control Officers. GN2796 GG47568/25-11-2022.

Mineral and Petroleum Resources Development Act 28 of 2002
Invitation for proposals to conduct seismic acquisition, seismic reprocessing and/or acquisition and processing of any other geophysical, geological or geochemical data offshore of South Africa. GN2755 and GN2756 GG47530/18-11-2022.

National Environmental Management Act 107 of 1998
Extension of the suspension notice on 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, by a further 120 days. GN2757 GG47535/18-11-2022.
Ministerial task team to identify and recommend voluntary exit options and pathways for the captive lion industry. GN2846 GG47666/7-12-2022.

National Environmental Management: Biodiversity Act 10 of 2004
Inclusion of 17 succulent plant species and one succulent plant genus in appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. GN2825 GG47633/1-12-2022.
Revised National List of Ecosystems that are threatened and in need of protection. GN2747 GG47526/18-11-2022.

National Heritage Resources Act 25 of 1999
Declaration of the Boomplaats Rock Engraving Site Complex situated on farms in Lydenburg; Mpumalanga as a National Heritage Site. GN2749 GG47526/18-11-2022.

National Water Act 36 of 1998
Establishment of the Vaal Orange Catchment Management Agency through extension of the boundaries and operational area of the Vaal River Catchment Management Agency to include Orange Water Management Area in terms of the Act. GN2792 GG47559/25-11-2022.
Establishment of the Breede-Olifants Catchment Management Agency through extending the boundary and area of operation of the Breede-Gouritz Catchment Management Agency in Western Cape Province. GN2793 and GN2795 GG47559/25-11-2022.
Reserve determination for water resources of the Umzimvubu catchment. GN2751 GG47526/18-11-2022.

Petroleum Products Act 120 of 1977
Regulations in respect of the single maximum national retail price for Illuminating Paraffin. Maximum retail price for liquefied petroleum gas. Amendment of the regulations in respect of petroleum products. GN R2837 – GN R2839 GG47661/6-12-2022.

Promotion of Access to Information Act 2 of 2000
Section 14 Manual (seventh version) of the Act: Promotion of Access to Information Act Manual: Limpopo Provincial Treasury. GenN1504 GG47672/8-12-2022.

South African Reserve Bank Act 90 of 1989
The dimension of, design for, and compilation of the fourth decimal coin series. GenN1463 GG47571/25-11-2022.

Special Investigating Units and Special Tribunals Act 74 of 1996
Amendment of Proc R39 of 2020. Proc R95 GG47634/2-12-2022.
Referral of Matters to Existing Special Investigating Unit: Department of Water and Sanitation. Proc R96 GG47634/2-12-2022.
Amendment of Proc 11 of 2018, as amended by Proc R3 of 2020. Proc R97 GG47634/2-12-2022.

World Heritage Convention Act 49 of 1999
Proclamation of land situated in the Eastern and Western Cape Provinces as part of the Cape Floral Region Protected Areas World Heritage Site. GN2816 GG47632/2-12-2022.

 

Rules, regulations, fees and amounts

Agricultural Produce Agents Act 12 of 1992
Unclaimed money payable to principals of fresh produce agents. BN366 GG47526/18-11-2022 and BN370 GG47559/25-11-2022.

Agricultural Product Standards Act 119 of 1990
Inspection fees for 2022/2023 for inspections and sampling on poultry meat, processed meat products and certain raw processed meat products. GenN1499 GG47665/9-12-2022.
Regulations relating to the grading, packing and marking of canned and pickled vegetables intended for sale in South Africa. GN R2826 GG47634/2-12-2022.

Agricultural Product Standards Act 119 of 1990
Standards and requirements regarding control of the export of plums and prunes, peaches and nectarines and table grapes: Amendment. GN2744, GN2745 and GN2746 GG47526/18-11-2022.

Commission for Gender Equality Act 39 of 1996
Determination of salaries and allowances of Commissioners of the Commission for Gender Equality. GN2759 GG47537/18-11-2022.

Customs and Excise Act 91 of 1964
Amendment of rules. GN R2799 GG47592/28-11-2022.

Electoral Commission Act 51 of 1996
Determination of remuneration of the members of the Electoral Commission. GN2758 GG47536/18-11-2022.

Financial Advisory and Intermediary Services Act 37 of 2002
Amendment of the General Code of Conduct for Authorised Financial Services Providers and Representatives, 2022. GN2814 GG47632/2-12-2022.

Financial Markets Act 19 of 2012
Approved amendments to the Johannesburg Stock Exchange (JSE) Guarantee Fund Rules. BN368 GG47526/18-11-2022.
Approved amendments to the Derivatives Rules, the Interest Rate and Currency Derivatives Rules and the Fidelity Fund Rules-Recognition of JSE Clear as Independent Clearing House and a Licensed Central Counterparty. BN369 GG47526/18-11-2022.

Government Employees Pension Law, 1996
Amendment of the rules of the Government Employees Pension Fund. GenN1434 GG47534/18-11-2022.

Health Professions Act 56 of 1974
Ethical Rules of Conduct for Practitioners Registered under the Act: Amendment. BN373 GG47632/2-12-2022.

Higher Education Act 101 of 1997
Amended Institutional Statute of the University of Pretoria. GN2841 GG47665/9-12-2022.

International Trade Administration Act 71 of 2002
Policy implementation actions on measures to restrict and regulate trade in ferrous and non-ferrous metals waste, scrap and semi-finished ferrous and non-ferrous metal products to limit damage to infrastructure and the economy. GN R2801 GG47627/30-11-2022.
Trade Policy Directive issued in terms of s 5 and notice in terms of s 6, on the exportation of ferrous and non-ferrous waste and scrap metal. GN R2802 GG47627/30-11-2022.
Export control and import control. GN R2803 and GN R2804 GG47627/30-11-2022.
Export control guidelines on the exportation of semi-finished metal products. GN R2805 GG47631/1-12-2022.
Import control guidelines on the importation of certain metal processing machinery and mechanical appliances, including furnaces, granulators, guillotines, and shredders. GN R2806 GG47631/1-12-2022.

Local Government: Municipal Systems Act 32 of 2000
Upper limits of total remuneration packages payable to municipal managers and managers directly accountable to municipal managers. GN2760 GG47538/18-11-2022.

Medicines and Related Substances Act 101 of 1945
General regulations made in terms of the Act: Amendment. GN2853 GG47673/8-12-2022.

National Energy Act 34 of 2008
Amendment Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings. GenN1461 GG47569/25-11-2022.

National Health Act 61 of 2003
Regulations relating to standards for emergency medical services. GN2819 GG47632/2-12-2022.

National Heritage Resources Act 25 of 1999
Revised schedule of fees for applications made to the South African Heritage Resources Agency from 1 January 2023. GN2844 and GenN1500 GG47665/9-12-2022.

National Prosecuting Authority Act 32 of 1998
Regulations relating to summons and oath. GN R2850 GG47669/9-12-2022.

Natural Scientific Professions Act 27 of 2003
Recommended consultation fees. BN371 GG47632/2-12-2022 and BN365 GG47526/18-11-2022.
South African Council for Natural Scientific Professions Code of Conduct 2022 (with effect from 1 October 2022). BN364 GG47526/18-11-2022.

Pharmacy Act 53 of 1974
Regulations relating to fees payable to Council. GN R2827 GG47634/2-12-2022.

Post Office Act 44 of 1958
Amendments to the Rules of the Post Office Retirement Fund. GenN1412 GG47526/18-11-2022.

Private Security Industry Regulation Act 56 of 2001
Publication of amendment to the regulations made under the Security Officers Act 92 of 1987. GenN1469 GG47626/30-11-2022.

Project and Construction Management Professions Act 48 of 2000
Fees and charges are for 2022/23 financial year 1 April 2023 to 31 March 2024. BN376 GG47677/8-12-2022.

Public Finance Management Act 1 of 1999
Statement of the National Government Revenue and Expenditure as at 31 October 2022 issued by the Director-General of the National Treasury. GenN1357 GG47628/30-11-2022.

Societies for the Prevention of Cruelty to Animals Act 169 of 1993
National Council of Societies for the Prevention of Cruelty to Animals. BN372 GG47632/2-12-2022.

Statistics South Africa
Consumer Price Index: October 2022. GenN1477 GG47632/2-12-2022.

Veterinary and Para-Veterinary Professions Act 19 of 1982
Repeal and substitution of rules relating to the practising of para-veterinary profession of veterinary technologist, laboratory animal technologist, veterinary nurse and animal health technician. GenN1487, GenN1488, GenN1489 and GenN1493 GG47665/9-12-2022.
Rules relating to the veterinary professions and rules relating to the disciplinary processes against the veterinary and para-veterinary professions. GenN1490 and GenN1491 GG47665/9-12-2022.
Regulations relating to the registration of veterinary facilities. Regulations relating to veterinary and para-veterinary professions: Amendment. GenN1492 and GenN1494 GG47665/9-12-2022.

 

Legislation for comment

Allied Health Professions Act 63 of 1982
Allied Health Professions Regulations: Amendment 2022. Regulations relating to the scope of practice of acupuncture. Draft regulations relating to the scope of practice of Ayuverda. GN2818, GN2823 and GN2824 GG47632/2-12-2022.

Allied Health Professions Act 63 of 1982
Regulations relating to fines which may be imposed by an inquiring body against practitioners found guilty of unprofessional conduct. GN2748 GG47526/18-11-2022.

Audit Profession Act 26 of 2005
Notice of request for public comment on proposed amendments to the Independent Regulatory Board for Auditors Code of Professional conduct for Registered Auditors: Comments are requested by 3 April 2023. BN377 GG47691/9-12-2022.

Broadcasting Digital Migration Policy (As Amended)
Consultation on date for final switch-off of the analogue signal and the end of dual illumination. GenN1513 GG47697/9-12-2022.

Commissions Act 8 of 1947
Invitation to submit comments on the proposed rationalisation of areas under the jurisdiction of the divisions of the High Court. Proc 93 GG47552/21-11-2022.

Electricity Act 41 of 1987
Proposed electricity licence fees, as well as levies on the piped-gas and petroleum pipeline industries, for 2023/24 Financial Year. GN2813 GG47632/2-12-2022.

Electronic Communications Act 36 of 2005
Draft Radio Frequency Spectrum Assignment Plan for the Frequency Band 138 to 144, 380 to 399.9, 406.1 to 410, 410 to 430, 1518 to 1525, 440 to 450, 138 to 144 and 156.8375 to 174 MHZ for public consultation. GN2781 – GN2788 GG47559/25-11-2022.

Financial Intelligence Centre Act 38 of 2001
Section 43A(3): Consultation note on draft Directive 7 of 2022 for consultation. GN2776 GG47559/25-11-2022.

Financial Markets Act 19 of 2012
Proposed Amendments to the JSE Equities Rules, Derivatives Rules and the Interest Rate and Currency Derivatives Rules: Disciplinary Matters-Penalties. BN367 GG47526/18-11-2022.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972
Regulations governing the maximum limits for pesticide residues that may be present in foodstuffs: Amendment. GN2822 GG47632/2-12-2022.

Health Professions Act 56 of 1974
Regulations defining the scope of the profession of biokinetics. GN R2763 GG47556/25-11-2022.

Industrial Development Act 22 of 1940
Invitation for public comment: Green Hydrogen Commercialisation Strategy. GN R2854 GG47698/9-12-2022.

Medicines and Related Substances Act 101 of 1965
Regulations relating to a transparent pricing system for medicines and scheduled substances: Draft dispensing fee for pharmacists for 2023. GN2820 GG47632/2-12-2022.
Draft dispensing fee to be charged by persons licensed in terms of s 22C(1)(a). GN2821 GG47632/2-12-2022.

National Energy Act 34 of 2008
Amendment Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings. GenN1460 GG47569/25-11-2022.

National Environmental Management Act 107 of 1998
Consultation on the intention to extent the appointment of the Environmental Assessment Practitioners Association of South Africa. GN2830 GG47636/2-12-2022.

National Environmental Management: Biodiversity Act 10 of 2004
Consultation on the Draft Biodiversity Management Plan for the Southern Ground-Hornbill (Bucorvus leadbeateri). GN2754 GG47527/18-11-2022.
Consultation on the draft Multi-Species Biodiversity Management Plan for Vultures in South Africa. GN2817 GG47632/2-12-2022.

National Environmental Management: Waste Act 59 of 2008
Consultation on the draft s 29 Industry Waste Management Plan for Tyres. GN2852 GG47670/7-12-2022.

National Land Transport Act 5 of 2009
Invitation for public comment. GN R2764 GG47556/25-11-2022.
Notice in terms of reg 2(4) of the North West Land Transport Regulations, 2021, made in terms of s 10 of the Act: Invitation for comment. GN R2851 GG47669/9-12-2022.

National Qualifications Framework Act 67 of 2008
Call for comments on the proposed Occupational Qualifications for Registration on the Occupational Qualifications Sub-Framework for Trades and Occupations. GN2743 GG47522/15-11-2022.

National Water Act 36 of 1998
Nominations for Chairperson of the Water Tribunal. Proc 94 GG47566/25-11-2022.
Disestablishment of the Olifants-Doorn Catchment Management Agency in the Western Cape. GN2794 GG47559/25-11-2022.
Notice for Public Participation Process Water Use Licence Application at farm Glenlyden 424 KT/0 and farm Eden 425 KT/5. GenN1419 GG47526/18-11-2022.
Notification regarding opportunity to participate in the Application for Environmental Authorisation process for the proposed Mispah TSF Reclamation Pipelines, across the City of Matlosana and Moqhaka Local Municipality, North West and Free State Provinces. GenN1475 GG47632/2-12-2022.

Pension Funds Act 24 of 1956
Proposed repeal of reg 33. GenN1436 GG47557/22-11-2022.

Plant Breeders’ Rights Act 15 of 1976
Various applications. GN2811 GG47632/2-12-2022.

Private Security Industry Regulation Act 56 of 2001
Draft amendments made in terms of the Act. GenN1476 GG47632/2-12-2022.

Promotion of National Unity and Reconciliation Act 34 of 1995
Invitation for comment: Regulations Relating to Housing Assistance to Victims, 2022. GN R2829 GG47634/2-12-2022.

Standards Act 8 of 2008
Standards matters: New Standard, Revision Standard and Cancelled Standard. GenN1455 GG47556/25-11-2022.

Water Services Act 108 of 1997
Intention to change the name of Bloem Water to the proposed Central Water Board or ZR Mahabane Central Water Board. GN2797 GG47578/28-11-2022.
Intention to extend the service area of Rand Water to provide bulk water services to the entire Mpumalanga Province. GN2798 GG47579/28-11-2022.
Intention to extend the service area of Amatola Water to cover the entire Eastern Cape Province. GN2738 GG47511/14-11-2022.
Water and Sanitation Services Policy on Privately Owned Land, 2022: Draft Policy. GN2761 GG47555/22-11-2022 and GN2765 GG47558/22-11-2022.

 

Shanay Sewbalas and Johara Ally are Editors: National Legislation at LexisNexis South Africa.

This article was first published in De Rebus in 2023 (Jan/Feb) DR 46.

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