Legislation published from 1 – 31 May 2020

Bills

Upgrading of Land Tenure Rights Amendment Bill B6 of 2020.

National Road Traffic Amendment Bill B7 of 2020.

Commencement of Acts

Financial Sector Regulation Act 9 of 2017. Amended commencement date: Various dates. GN612 GG43371/29-5-2020 (also available in Setswana).

Selected list of delegated legislation

Competition Act 89 of 1998

Expansion of the scope of the COVID-19 block exemption for the banking sector, 2020 regulations. GN R502 GG43280/5-5-2020.

Buyer Power Guidelines. GN545 GG43341/22-5-2020.

Debt Collectors Act 114 of 1998

Amendment of Regulations relating to Debt Collectors, 2003 (expenses and fees). GN R580 GG43343/22-5-2020 (also available in Afrikaans).

Disaster Management Act 57 of 2002

• Communications and digital technologies sectors

Amendment of directions on the risk-adjusted strategy for the communications and digital technologies sector. GN590 GG43351/26-5-2020.

• E-Commerce

Directions regarding e-Commerce sales during Alert Level 4 of the COVID-19 national state of disaster. GN R535 GG43321/14-5-2020.

• Education

Directions to permit travel and recommencement of studies for final year medical students registered at public universities during the academic year 2020. GN533 GG43319/13-5-2020 and GN591 GG43352/26-5-2020.

• Electronic communications, postal and broadcasting

Amendment of the Electronic Communications, Postal and Broadcasting Directions. GN516 GG43299/8-4-2020.

• Environment

Directions for measures to address, prevent and combat the spread of COVID-19 in relation to recycling of waste. GN539 GG43325/14-5-2020.

Measures to address, prevent and combat the spread of COVID-19 in relation to the freshwater and marine fishing sectors. GN538 GG43324/14-5-2020.

Directions for measures to address, prevent and combat the spread of COVID-19 in relation to the biodiversity sector. GN537 GG43323/14-5-2020 and GN596 GG43355/26-5-2020.

• Essential goods and services

Directions issued by the Minister of Finance on the Regulations issued by the Minister of Cooperative Government and Traditional Affairs in terms of essential financial services include services required to comply with obligations imposed by or to exercise a right afforded in terms of tax legislation. GN487 GG43266/4-5-2020.

Directions regarding the sale of clothing, footwear and bedding during Alert Level 4 of the COVID-19 national state of disaster. GN R523 GG43307/12-5-2020.

Directions regarding the sale of cars and emergency automobile repairs during Alert Level 4 of the COVID-19 national state of disaster. GN R524 GG43308/12-5-2020.

• Healthcare

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 in the health sector. GN589 GG43350/25-5-2020.

• General regulations

Directions relating to the movement of persons and goods during the Alert Level 4. GN513 GG43293/7-5-2020.

Directions on the return of South African citizens and the repatriation of foreign nationals to their countries of nationality or residence in order to prevent and combat spread of COVID-19. GN R518 GG43301/9-5-2020.

Directions relating to once-off movement of persons and transportation of goods during Alert Level 4 during the COVID-19 lockdown. GN534 GG43320/14-5-2020.

Directions to address, prevent and combat the spread of COVID-19 for religious gatherings. GN609 GG43365/28-5-2020.

Alert Level 3 regulations: Determination of alert levels and hotspots. GN608 GG43364/28-5-2020.

• Justice and courts

Directions to address, prevent and combat spread of COVID-19 during Alert Level 4: Courts, court precincts and justice service points. GN R489 GG43268/4-5-2020.

Directive issued by Chief Justice Mogoeng Mogoeng in terms of s 8(3)(b) of the Superior Courts Act 10 of 2013 for the management of courts during the national state of disaster. GenN254 GG43283/6-5-2020.

• Labour and workplaces

Amendment of the COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS). GN R486 GG43265/4-5-2020 and GN R541 GG43330/15-5-2020.

Court order handed down by the Labour Court: Standard operating procedures for mines following COVID-19 lockdown. GenN253 GG43282/5-5-2020.

Amended COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Directive, 2020. GN R595 GG43353/26-5-2020.

• Local government

Amendment of directions to address, prevent and combat the spread of COVID-19: Municipal operations and governance. GN510 GG43291/7-5-2020.

• Mineral resources and energy

Directions for the mineral resources and energy industry on the implementation of provisions related to permitted goods and services during COVID-19 lockdown. GN542 GG43331/15-5-2020.

• Small businesses

Directions to assist micro and small businesses trading in permitted services during COVID-19 lockdown. GN R522 GG43306/12-5-2020.

• Social development

Amendment of the social development directions to address, prevent and combat the spread of COVID-19. GN R517 GG43300/9-5-2020.

• Sports, arts and culture

Directions to address prevent and combat the spread of the COVID-19 during Alert Level 4: Live streaming of the creative sector services. GN490 GG43269/4-5-2020.

• Transport

Directions to address, prevent and combat the spread of COVID-19 in the railway operations. GN494 GG43273/4-5-2020, GN536 GG43322/14-5-2020 and GN613 GG43373/30-5-2020.

Directions to address, prevent and combat spread of COVID-19: Extension of the validity of learner’s licences, driving licence cards, licence discs, professional driving permits and registration of motor vehicles. GN491 GG43270/4-5-2020 and GN544 GG43339/20-5-2020.

Directions to address, prevent and combat the spread of COVID-19 in air freight operations. GN492 GG43271/4-5-2020.

Directions to address, prevent and combat the spread of COVID-19 in public transport services. GN493 GG433272/4-5-2020 and GN495 GG43274/4-5-2020, GN504 GG43284/6-5-2020, GN R587 GG43348/22-5-2020 and GN614 GG43374/30-5-2020.

Directions to address, prevent and combat the spread of COVID-19 in the sea ports. GN496 GG43275/4-5-2020.

Amendment of the directions to prevent and combat the spread of COVID-19 in public transport services: Air services. GN615 GG43375/30-5-2020.

Electronic Communications Act 36 of 2005

Amendment of the information and communications technology (ICT) COVID-19 national state of disaster regulations. GenN252 GG43279/5-4-2020.

Housing Act 107 of 1997

Declaration of priority human settlements and housing development areas. GN526 GG43316/15-5-2020.

Immigration Act 13 of 2002

Determination of correctional facilities as places of detention of illegal foreigners pending deportation during the national state of disaster. GN512 GG43292/7-5-2020.

Labour Relations Act 66 of 1995

Bargaining Councils that have been accredited by the Commission for Conciliation, Mediation and Arbitration. GenN286 GG43341/22-5-2020 and GenN291-292 GG43358/29-5-2020.

Local Government: Municipal Finance Management Act 56 of 2003

Exemption of municipalities and municipal entities for regs 4(3) and 29(2) of the Municipal Supply Chain Management Regulations, 2005. GN503 GG43281/5-5-2020.

Medical Schemes Act 131 of 1998

Amendment of the Medical Schemes Regulations (COVID-19). GN515 GG43295/7-5-2020.

Medicines and Related Substances Act 101 of 1965

Exclusion of Schedule 2, Schedule 3 and Schedule 4 substances from the requirement that substances must be dispensed for no longer than six months. GN514 GG43294/7-5-2020.

Amendment of Schedule 4. GN R586 GG43347/22-5-2020.

Exclusion of certain medicines, medical devices and in vitro diagnostics from the operation of certain provisions of the Act. GN R585 GG43346/22-5-2020.

Mine Health and Safety Act 29 of 1996

Guidelines for a Mandatory Code of Practice on Mitigation and Management of the COVID-19 Outbreak. GenN280 GG43335/18-5-2020.

National Conventional Arms Control Act 41 of 2002

Amendment of National Conventional Arms Control Regulations. GN520 GG43303/11-5-2020.

National Environmental Management Act 107 of 1998

Amendment of the Environmental Impact Assessment Regulations, 2014. GN599 GG43358/29-5-2020.

National Railway Safety Regulator Act 16 of 2002

Determination of safety permit fees. GN527 GG43316/15-5-2020.

Nursing Act 33 of 2005

Regulations regarding the register for learner/student nurses and midwives. GN519 GG43302/11-5-2020.

Fees payable. BN64 GG43358/29-5-2020.

Pharmacy Act 53 of 1974

Guideline for removal of pharmacy registration/recording as a result of non-compliance with good pharmacy practice and other pharmacy legislation. BN63 GG43358/29-5-2020.

Property Valuers Profession Act 74 of 2000

Fees and charges from 1 April 2020. GenN259 GG43288/8-5-2020.

Public Audit Act 25 of 2004

Directive issued by the Auditor-General of the Republic of South Africa. GN540 GG43326/15-5-2020.

Public Finance Management Act 1 of 1999

Statement of the national revenue, expenditure and borrowing as at 30 April 2020. GenN298 GG43363/29-5-2020.

Road Accident Fund Act 56 of 1996

Adjustment of R 160 000 statutory limit referred to in s 17(4)(c) to R 294 300. BN62 GG43358/29-5-2020 (also available in Afrikaans).

Draft delegated legislation

• Draft Regulations amending the Electricity Regulations on New Generation Capacity, 2011 in terms of the Electricity Regulation Act 4 of 2006 for comment. GN500 GG43277/5-5-2020.
• Guideline for the Compilation of a Mandatory Code of Practice for the Mitigation and Management of the COVID-19 Outbreak in terms of the Mine Health and Safety Act 29 of 1996 for comment. GenN262 GG43304/11-5-2020.
• Regulations regarding the scope of practice of nurses and midwives in terms of the Nursing Act 33 of 2005 for comment. GN521 GG43305/12-5-2020.
• Guidelines and conditions relating to the extension of safeguard measures introduced by the International Trade Administration Commission for comment. GenN271 GG43316/15-5-2020.
• Regulations relating to the requirements and conditions for registration of a specialty in occupational social work in terms of the Social Service Professions Act 110 of 1978 for comment. GN R582 GG43343/22-5-2020.

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 2020 (July) DR 38.