New legislation – January/February 2024

February 1st, 2024
x
Bookmark
Legislation published from 23 November – 14 December 2023

By Shanay Sewbalas and Keagan Smith

 

Acts

Customs and Excise Act 91 of 1964

The amendment to part 1 of sch 1. GN R4191 GG49862/14-12-2023.

The amendment to part 2 of sch 4. GN R4192 GG49862/14-12-2023.

 

Public Service Act, 1994 (Proclamation 103 of 1994)

The amendment of sch 2 of the Act: Western Cape Province. ProcN 145 GG49833/8-12-2023.

 

Bills and White Papers

Constitution

Notice of intention to introduce the South African Institute for Drug-Free Sport Amendment Bill, 2023. GN4111 GG49763/23-11-2023.

 

Electoral Matters Amendment Bill, 2023

The notice of intention to introduce Bill into Parliament. GN4169 GG49836/7-12-2023.

 

Marriage Bill, 2023

Publication of explanatory summary of the Marriage Bill, 2023. GN4202 GG49887/13-12-2023.

 

One-Stop Border Post Bill, 2023

The publication of explanatory summary of the One-stop Border Post Bill, 2023. GN4170 GG49839/8-12-2023.

 

Government, General and Board Notices

Auditing Profession Act 26 of 2005

Revision to the Independent Regulatory Board for Auditors (IRBA) Code of Professional Conduct for Registered Auditors (revised April 2023). BN511 GG49757/24-11-2023.

 

Competition Act 89 of 1998

Notice of designation in terms of s 10(3)(b)(iv) of the Act. GenN2204 GG49779/28-11-2023.

 

Criminal Procedure Act 51 of 1977

Declaration of peace officers in terms of s 334 of the Act: Investigators for the investigating directorate. GN4115 GG49772/27-11-2023.

 

Electronic Communications Act 36 of 2005

Illegal provision of or access to satellite Internet services and possession, distribution or use of satellite broadband terminals and equipment in South Africa. GenN2203 GG49777/28-11-2023.

 

Immigration Act 13 of 2002

The implementation of the decision in respect of Granting Exemptions to Lesotho Nationals in terms of s 31(2)(b) of the Act. GN4141 GG49813/4-12-2023.

The implementation of the decision in respect of Granting Exemptions to Zimbabwean Nationals in terms of s 31(2)(b) of the Act. GN4142 GG49814/4-12-2023.

Withdrawal of Zanzibar as a designated port of entry. GN4111 GG49766/24-11-2023.

 

Labour Relations Act 66 of 1995

Notice published by the Essential Services Committee in terms of s 71, read with s 71(8) of the Act. GenN2190 GG49757/24-11-2023.

Renewal of Accreditation for Bargaining Councils 24 November 2023. GenN2211 GG49791/1-12-2023.

The cancellation of Government Notice, Building Industry Bargaining Council – North and West Boland. GN R4189 GG49862/14-12-2023.

The Building Bargaining Council, North and West Boland: Extension of main amending collective agreement to non-parties. GN R4190 GG49862/14-12-2023.

 

Legal Practice Act 28 of 2014

The insertion of Clause 2A ‘Misconduct’ in Part I of the Legal Practice Council Code of Conduct. GenN2235 GG49833/8-12-2023.

 

Local Government: Municipal Electoral Act 27 of 2000

Official list of voting Stations: Municipal By-Elections – 13 December 2023. GenN2200  GG49767/24-11-2023.

 

Magistrates’ Courts Act 32 of 1944

Increase or decrease local limits of any district. GN4118 GG49778/28-11-2023.

 

National Environmental Management Act 107 of 1998

The amendment of certain requirements for an application for Environmental Authorisation for a Renewable Energy Facility. GN4143 GG49815/4-12-2023.

 

National Environmental Management: Biodiversity Act 10 of 2004

Amendments to appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. GN4116 GG49774/28-11-2023.

 

National Health Act 61 of 2003

The Ministerial Advisory Committee on the prevention and control of cancer: Terms of Reference. GN4160 GG49833/8-12-2023.

 

National Land Transport Act 5 of 2009

Publication of Final Operating Licence Conditions as Determined by the Western Cape Province Regulatory Entity and Stipulated by Planning Authorities. GenN2198 GG49764/23-11-2023.

Publication of Final Operating Licence Conditions as Determined by the Western Cape Province Regulatory Entity and Stipulated by Planning Authorities. GenN2201 GG49768/24-11-2023.

 

National Nuclear Regulator Act 47 of 1999

National Nuclear Regulator public hearings and application to participate: Eskom Holdings SOC Ltd application to extent the operating life of the Koeberg Nuclear Power Station by 20 years. GenN2208 GG49791/1-12-2023.

 

National Payment System Act 78 of 1998

Variation notice. GenN2253 GG49891/14-12-2023.

 

National Water Act 36 of 1998

The general authorisations in terms of s 39 of the Act, for water uses as defined in s 21(c) or s 21(i). GN4167 GG49833/8-12-2023.

The transformation of Brand River Irrigation Board into Brand River Water User Association in terms of s 98(6) of the Act. GN4201 GG49863/14-12-2023.

 

South African Geographical Names Council Act 118 of 1998

The publication of Official Geographical Names. GN4151 GG49826/6-12-2023.

 

South African National Roads Agency Limited and the National Roads Act 7 of 1998

The declaration amendment of National Road N2 Section 20: Amendment of Declaration 1510 of 2016. GN4172 GG49841/11-12-2023.

The declaration of existing Provincial Road – P154 Section 7 as National Road N4 Section 7Y: District of Nelspruit, in the Province of Mpumalanga. GN4173 GG49842/11-12-2023.

The declaration amendment of National Road N12 Section 15. GN4174 GG49843/11-12-2023.

The declaration amendment of National Road N12 Section 16: Amendment of Declaration 252 of 2007. GN4175 GG49844/11-12-2023.

The repeal of Declaration 826 of 2021 and Re-declaration of National Road N2 Section 20X: Mount Frere to Brooksnek. GN4176 GG49845/11-12-2023.

The declaration amendment of National Road R67 Section 2: Amendment of Declaration 305 of 2012. GN4177 GG49846/11-12-2023.

The repeal of Declaration 272 of 2018 and Re-declaration of National Road R62 Section 7: Joubertina to Kareedouw. GN4178 GG49847/11-12-2023.

The declaration amendment of National Road R75 Section 2: Amendment of Declaration 305 of 2012. GN4179 GG49848/11-12-2023.

The declaration amendment of National Road R410 Section 1: Amendment of Declaration 733 of 2016. GN4180 GG49849/11-12-2023.

The declaration amendment of National Road R410 Section 2: Amendment of Declaration 733 of 2016. GN4181 GG49850/11-12-2023.

The declaration amendment of National Road R511 Section 3: Amendment of Declaration 784 of 2012 and 538 of 2014. GN4182 GG49851/11-12-2023.

The repeal of Declaration 936 of 2021 and Re-declaration of National Road R518 Section 1: Lephalale to Marken. GN4183 GG49852/11-12-2023.

The repeal of Declaration 931 of 2021 and Re-declaration of National Road R529 Section 2: Letsitele to Giyani. GN4184 GG49853/11-12-2023.

The repeal of Declarations 927 of 2021 and 583 of 2015 and Re-declaration of National Road R571 Section 1: Mananga Border Post to Komatipoort. GN4185 GG49854/11-12-2023.

The repeal of Declaration 899 of 2021 and Re-declaration of National Road N10 Section 1: Nanaga to Middleton. GN4186 GG49855/11-12-2023.

 

Special Investigating Units and Special Tribunals Act 74 of 1996

Referral of matters to existing Special Investigating Unit: Gert Sibande Technical and Vocational Education and Training College. Proc R144 GG49792/1-12-2023.

 

Superior Court Act 10 of 2013

The rationalisation of the areas under the jurisdiction and the judicial establishments of the divisions of the High Court of South Africa, in terms of item 16(6)(b) of sch 6 to the Constitution, read with s 6(3) of the Act. GN4187 GG49857/12-12-2023.

 

Legislation for comment

Agricultural Product Standards Act 119 of 1990

Leaf services: Inspection procedures and inspection fees for grains and grain products for comments. GenN2187 GG49757/24-11-2023.

 

Allied Health Professions Act 63 of 1982

Regulations relating to the profession of reflexology and therapeutic reflexology. GN4130 GG49791/1-12-2023.

The regulations relating to scope of practice of the professions of chiropractic and osteopathy. GN4196 GG49863/14-12-2023.

The regulations relating to the professions of reflexology and therapeutic reflexology. GN4161 GG49833/8-12-2023.

 

Competition Act 89 of 1998

Notice of application for an exemption by the National Hospital Network. GN4125 GG49791/1-12-2023.

Extension of the conditional exemption granted to the National Hospital Network. GN4126 GG49791/1-12-2023.

Extension of the conditional exemption granted to the National Hospital Network and notice of application for an exemption by the National Hospital Network – 2023SEP0040. GN4128 GG49791/1-12-2023.

The notice in terms of s 10(7) of the Act (as amended): South African Petroleum Industry Association granted conditional exemption. GN4199 GG49863/14-12-2023.

 

Convention on the International Recognition of Rights in Aircraft Act 59 of 1993

Notice for extension to the public for the submission of comment and presentation on the Fifth Amendment of the Mortgaging of Aircraft Regulations, 2023. GN4166 GG49833/8-12-2023.

 

Electricity Act 41 of 1987, Gas Regulator Levies Act 75 of 2002, Petroleum Pipelines Levies Act 28 of 2004

Proposed electricity licence fees, as well as levies on the piped-gas and petroleum pipeline industries, for the 2024/25 Financial Year. GN4129 GG49791/1-12-2023.

 

Electronic Communications Act 36 of 2005

Radio Frequency Spectrum Assignment Plan: Rules for services operating in the frequency band 2300 MHz to 2400 MHz. GN4105 GG49757/24-11-2023.

The applications for the transfer of ownership of an Individual Electronic Communications Service (I-ECS) and Individual Electronic Communication Network Service (I-ECNS) Licences from Kgatontle Satellite Operations (Pty) Ltd to Bluestream Technologies. GenN2213 GG49818/4-12-2023.

The applications for the transfer of control of the I-ECNS, I-ECS and Radio Frequency Spectrum Licences from Cell C Ltd to the Prepaid Company (Pty) Ltd. GenN2216 GG49831/6-12-2023.

 

Financial Markets Act 19 of 2012

Proposed amendments to licence conditions of Strate (Pty) Ltd – business address and clearing services to other exchanges. GN4101 GG49757/24-11-2023.

Proposed amendments to the Johannesburg Stock Exchange (JSE) Debt Listing Requirements: Section 19 Rejuvenation Project. BN 515 GG49757/24-11-2023.

Proposed amendments to the JSE Listing Requirements: Section 19 Rejuvenation Project. BN 516 GG49757/24-11-2023.

 

Firearms Control Act 60 of 2000

The notice in terms of s 136(1) of the Act: Notice of the state intending to destroy all firearms, ammunition as well as firearms parts that were voluntarily surrendered to or forfeited to the state. GN4145 GG49817/4-12-2023.

 

Health Professions Act 56 of 1974

The Ethical Rules of Conduct for Practitioners Registered under the Act: Amendment. BN 528 GG49833/8-12-2023.

 

Independent Communications Authority of South Africa Act 13 of 2000

Notice of intention to conduct an inquiry on the effects of load shedding and the regulatory relief measures the authority may consider as it seeks ways to alleviate the impact of load shedding in the electronic communications, broadcasting, and postal sectors. GN4139 GG49795/1-12-2023.

 

International Trade Administration Act 71 of 2002

Proposals to extend the temporary prohibition of the export of certain ferrous and non-ferrous waste and scrap metal, extend the temporary suspension of the price preference system insofar as it relates to certain ferrous and non-ferrous waste and scrap metal, further restrict the export of copper semi-finished products, temporarily prohibit the export of used or second-hand rails and subject rails to export control for comment. GenN2199 GG49765/23-11-2023.

Temporarily prohibit exportation of certain ferrous and non-ferrous waste and scrap metal for comment. GenN2252 GG49890/14-12-2023.

 

Labour Relations Act 66 of 1995

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry: Cancellation of Government Notices. GN R4107 GG49759/24-11-2023.

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry: Extension to non-parties of the Consolidated Main Collective Agreement. GN R4108 GG49759/24-11-2023.

 

Legal Practice Act 28 of 2014

The Office of the Legal Services Ombud: Concept for Legal Services Ombud Rules. GN4197 GG49863/14-12-2023.

 

Local Government: Municipal Structures Act 117 of 1998

The proposed amendment of Provincial Gazette 687 (Extraordinary) dated 2 December 2000 published in terms of s 12 of the Act: Mhlontlo Local Municipality. GenN2216 GG49832/8-12-2023.

 

National Environmental Management Act 107 of 1998

Consultation on the intention to adopt the battery storage exclusion norm and exclude identified activities associated with the development and expansion of battery storage facilities from the requirement to obtain an environmental authorisation. GN4120 GG49788/30-11-2023.

Consultation on the intention to adopt the solar exclusion norm and exclude the development and expansion of solar photovoltaic facilities from the requirement to obtain an environmental authorisation. GN4121 GG49788/30-11-2023.

Consultation on the intention to amend the Transitional Arrangements in the Financial Provisioning Regulations, 2015. GN 4122 GG49788/30-11-2023.

Consultation on the intention to extend the appointment of the Environmental Practitioners Association of South Africa as the single registration authority in terms of s 24H(3) read with 24H(6) of the National Environmental Management Act, for a period of two years. GN4137 GG49793/1-12-2023.

The consultation on the Draft National Regulations for the Management of Mercury in South Africa. GN4144 GG49816/4-12-2023.

 

National Environmental Management: Waste Act 59 of 2008

Notice of extension of commenting period on the draft strategy for reducing food losses and waste. GN4138 GG49794/1-12-2023.

The notice of extension of commenting period on the proposed amendments to the regulations regarding the control of the import or export of waste. GN4171 GG49840/8-12-2023.

 

National Land Transport Act 5 of 2009

The draft regulations required by the National Land Transport Amendment Bill, 2016: Draft Second National Land Transport Regulations. GenN2250 GG49863/14-12-2023.

 

National Minimum Wage Act 9 of 2018

The investigation into the national minimum wage. Invitation for written representations. GN R4168 GG49835/6-12-2023.

 

National Railway Safety Regulator Act 16 of 2002

The publication of fees for comments. GenN2239 GG49833/8-12-2023.

 

Pharmacy Act 53 of 1974

Competency Standards for Specialist Pharmacists in South Africa. BN 513 GG49757/24 -11-2023.

Criteria to accredit a generic short course for a pharmacist who wishes to apply for registration as a responsible pharmacist. BN 514 GG49757/24-11-2023.

 

Plant Breeders’ Rights Act 15 of 1976

All aspects of plant breeders’ rights have been processed for the period July to September 2023. GN4124 GG49791/1-12-2023.

 

Project and Construction Management Profession Act 48 of 2000

Rules for re-registration with the South African Council for the Project and Construction Management Professions (SACPCMP) for comment. BN535 GG49863/14-12-2023.

Rules for inquiry into alleged improper conduct for comment. BN536 GG49863/14-12-2023.

Rules for re-registration with the SACPCMP for comment. BN517 GG49791/1-12-2023.

Rules for inquiry into alleged improper conduct for comment. BN518 GG49791/1-12-2023.

Rules for inquiry into alleged improper conduct for comment. BN519 GG49791/1-12-2023.

Rules for inquiry into alleged improper conduct for comment. BN520 GG49791/1-12-2023.

Rules for re-registration with the SACPCMP. BN521 GG49791/1-12-2023.

The rules for inquiry into alleged improper conduct for comment. BN527 GG49833/8-12-2023.

The rules for re-registration for comments from October 2023. BN531 GG49833/8-12-2023.

 

Skills Development Act 97 of 1988

Call for nominations for appointment of the Chairperson of the Transport Education and Training Authority for the term effective from the date of approval of the appointment until 31 March 2025. GN4117 GG49776/28-11-2023.

 

South African Civil Aviation Act 13 of 2009

Publication for comments on members eligible for appointment to the Board of the South African Civil Aviation Authority. GenN2186 GG49753/20-11-2023.

 

South African Civil Aviation Authority Levies Act 41 of 1998

The proposal for fuel levy increase in terms of the Act. GN4200 GG49863/14-12-2023.

Proposal for fuel levy increase in terms of South African Aviation Authority Levies Act. GN4114 GG49771/27-11-2023.

 

The Cordale Farming Partnership

The notice of application for the amendment of the definition of production areas Hemel-en-Aarde Ridge (Ward) and Walker Bay (District). BN 534 GG49863/14-12-2023.

 

Upgrading of Land Tenure Rights Act 112 of 1991

Regulations relating to the conversion of land tenure rights. GN4119 GG49787/30-11-2023.

 

Use of Official Languages Act 12 of 2012

The National Gambling Board for comment: Language Policy. BN 533 GG49861/12-12-2023.

 

Rules, regulations, fees and amounts

Auditing Profession Act 26 of 2005

IRBA publishes the Fit and Proper Policy. BN 532 GG49837/7-12-2023.

IRBA’s Four Rules Arising from the International Standards on Quality Management. BN512 GG49757/24-11-2023.

 

Customs and Excise Act 91 of 1964

Amendment of rules. GN R4110 GG49759/24-11-2023.

Amendment of rules. GN R4134 GG49792/1-12-2023.

Amendment of rules. GN R4135 GG49792/1-12-2023.

 

Financial Markets Act 19 of 2012

Approved amendments to the JSE Derivatives Rules: Exchange for Risk Trade. BN522 GG49791/1-12-2023.

 

Health Professions Act 56 of 1974

The rules relating to fees payable to council: Amendment. BN530 GG49833/8-12-2023.

 

Legal Practice Act 28 of 2014

The amendment to rule 16.3. GenN2230 GG49833/8-12-2023.

The amendment to rule 21.11. GenN2231 GG49833/8-12-2023.

The amendment to rule 21.12. GenN2232 GG49833/8-12-2023.

The amendment to rule 32.2.1. GenN2233 GG49833/8-12-2023.

The amendment to rule 54.14.16. GenN2234 GG49833/8-12-2023.

 

Local Government: Municipal Finance Management Act 56 of 2003

The amendments to regulations regarding supply chain management. GN4198 GG49863/14-12-2023.

 

Marine Living Resources Act 18 of 1998

The amendment of the regulations published in terms of the Marine Living Resources Act in GN R1111 GG19205/2-9-1998: West Coast Rock Lobster Fishing Season. GN R4203 GG49889/14-12-2023.

 

National Environmental Management Act 107 of 1998

The extension of the commencement date 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, 2023. GN4204 GG49892/14-12-2023.

 

National Prosecuting Authority Act 32 of 1998

Regulations on establishment of Office for Ethics and Accountability. GN R4109 GG49759/24-11-2023.

 

National Road Traffic Act 93 of 1996

KwaZulu-Natal Road Traffic Regulations, 2023. GN R4119 GG49786/29-11-2023.

 

Petroleum Products Act 120 of 1977

The maximum retail price for liquefied petroleum gas. GN R4147 GG49823/5-12-2023.

The amendment of the regulations in respect of petroleum products. GN R4148 GG49823/5-12-2023. The regulations in respect of the single maximum national retail price for illuminating paraffin. GN R4149 GG49823/5-12-2023.

 

Pharmacy Act 53 of 1974

South African Pharmacy Council: Fees payable to the Council under the Act. BN526 GG49830/6-12-2023.

 

Private Security Industry Regulations Act 56 of 2001, Security Officers Act 92 of 1987

Publication of amendment to the regulations made under the Security Officers Act. GenN2209 GG49791/1-12-2023.

 

Project and Construction Management Act 48 of 2000

The fees and charges for 2024/25 financial year from 1 April 2024 to 31 March 2025 in terms of the Act. BN525 GG49822/5-12-2023.

 

Public Audit Act 25 of 2004

Directive. GN4150 GG49825/6-12-2023.

 

Public Finance Management Act 1 of 1999

Authority in terms of s 66(3)(d) of the Northern Cape Provincial Government to borrow money. GN4140 GG49796/1-12-2023.

 

Statistics South Africa

Consumer Price Index: October 2023. GenN2236 GG49833/8-12-2023.

 

Shanay Sewbalas and Keagan Smith are Editors: National Legislation at LexisNexis South Africa.

 

This article was first published in De Rebus in 2024 (Jan/Feb) DR 36.

X
De Rebus