Legislation published from 1 – 30 April 2021

Commencement of Acts

Marine Spatial Planning Act 16 of 2018. Commencement: 1 April 2021. Proc4 GG44383/1-4-2021 (also available in isiZulu).

Customs and Excise Act 91 of 1964, s 58A. Commencement: 1 April 2021. Proc6 GG44383/1-4-2021.

Promotion of Access to Information Amendment Act 31 of 2019. Commencement: 1 April 2021. Proc R10 GG44403/1-4-2021 (also available in Afrikaans).

Protection of Personal Information Act 4 of 2013, s 58(2). Commencement: 1 July 2021. GN297 GG44383/1-4-2021 (also available in Afrikaans).

Promulgation of Acts

Auditing Profession Amendment Act 5 of 2021. Commencement: 26 April 2021. GenN228 GG44493/26-4-2021 (also available in Sesotho).

Selected list of delegated legislation

Agricultural Product Standards Act 119 of 1990

Amendment regulations regarding departmental fees. GN R359 GG44473/23-4-2021.

Architectural Professions Act 44 of 2000

Identification of work for the different categories of registered persons and identification of the scope of work for every category or registered persons in the architectural profession. BN27 GG44505/30-4-2021.

Auditing Profession Act 26 of 2005

Amendment of the Code of Professional Conduct for Registered Auditors to promote the role and mindset expected of registered auditors and the use of electronic signatures when signing audit or other assurance reports. BN25 GG44455/16-4-2021.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Optometrist and Speech/Audiologist Gazette 2021. GenN179 GG44406/1-4-2021.

Physiotherapist Gazette 2021. GenN180 GG44407/1-4-2021.

Occupational Therapy Gazette 2021. GenN181 GG44408/1-4-2021.

Increase of the minimum assessment to R 1 284, withdrawal of the implementation of s 85(1) and the withdrawal of the implementation of s 78. GenN189 GG44422/7-4-2021.

CF-1B Application for the Change of the Nature of Business and CF-2C Application for the Estimation Forms. GenN190 GG44425/8-4-2021.

Council for Medical Schemes Levies Act 58 of 2000

Imposition of levies on medical schemes. GenN196 GG44436/9-4-2021.

Dental Technicians Act 19 of 1979

Amendment of the fine for improper or disgraceful conduct to R 50 000. GN339 GG44461/19-4-2021.

Amendment of the regulations relating to unmounted artificial teeth, 1982. GN340 GG44462/19-4-2021.

Amendment of the regulations relating to the registration of dental laboratories and related matters. GN341 GG44463/19-4-2021.

Disaster Management Act 57 of 2002 (COVID-19)

• Education

Amendment of directions regarding measures to address, prevent and combat spread of COVID-19 in the National Department of Basic Education: Re-opening of schools. GenN224 GG44486/23-4-2021.

• General regulations

Extension of National State of Disaster under the COVID-19 lockdown to 15 May 2021. GN R333 GG44447/14-4-2021.

Amendment to the regulations issued in terms of s 27(2): COVID-19 vaccine injury no-fault compensation scheme. GN376 GG44485/22-4-2021.

• Labour

COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Direction, 2021. GN R342 GG44465/20-4-2021.

Electricity Act 41 of 1987

License fees payable by licensed generators of electricity. GN357 GG44469/23-4-2021.

Electronic Communications Act 36 of 2005

Increase of administration fees in relation to service licences. GenN175 GG44392/1-4-2021.

Increase of radio frequency spectrum licence fees. GenN175 GG44391/1-4-2021.

Increase of administration fees in relation to approvals. GenN177 GG44393/1-4-2021.

Digital Sound Broadcasting Service Regulations. GenN215 GG44469/23-4-2021.

Employment of Educators Act 76 of 1998

Terms and conditions of employment of educators. GN331 GG44433/9-4-2021.

Independent Communications Authority of South Africa Act 13 of 2000

Code for Persons with Disabilities Regulations, 2021. GN325 GG44427/9-4-2021.

Legal Practice Act 28 of 2014

Amendment of rules (r 16.10). GenN171 GG44383/1-4-2021.

Inclusion of new rule (r 54.9.2.1). GenN191 GG44427/9-4-2021.

Medical Schemes Act 131 of 1998

Council for Medical Schemes: Declaration of certain practices by medical schemes in selecting designated health care providers and imposing excessive as irregular or undesirable practices. GenN214 GG44469/23-4-2021.

Merchant Shipping Act 57 of 1951

Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2020. GenN219 GG44469/23-4-2021 (also available in isiZulu).

Mine Health and Safety Act 29 of 1996

Guideline for the compilation of a mandatory code of practice for prevention of flammable gas explosions in mines other than coal mines. GN326 GG44427/9-4-2021.

Guidance note on the management and control of HIV in the South African mining industry. GN327 GG44427/9-4-2021.

National Environmental Management Act 107 of 1998

Amendment to the regulations regarding plastic carrier bags and plastic flat bags, 2021. GN317 GG44421/7-4-2021.

Identification of a Generic Environmental Management Programme relevant to an application for environmental authorisation for the development or expansion of gas transmission pipeline infrastructure. GN373 GG44481/23-4-2021.

Identification of expanded geographical areas of strategic importance for development of electricity transmission and distribution infrastructure and procedures to be followed when applying for environmental authorisation for large scale electricity transmission or distribution development activities when occurring in geographical areas of strategic importance. GN383 GG44504/29-4-2021.

National Qualifications Framework Act 67 of 2008

Policy and Criteria for Credit Accumulation and Transfer within the National Qualifications Framework (as amended, 2021). GN321 GG44424/8-4-2021.

Non-Proliferation of Weapons of Mass Destruction Act 87 of 1993

Declaration of certain missile technology and related item as controlled goods, and control measures, applicable to such goods. GN318 GG44423/8-4-2021.

Declaration of nuclear-related dual-use equipment, material, software and related technology as controlled goods, and control measures applicable to such goods. GN319 GG44423/8-4-2021.

Declaration of certain chemical goods as controlled goods and control measures applicable to such goods. GN320 GG44423/8-4-2021.

National Railway Safety Regulator Act 16 of 2002

Determination of permit fees. GN338 GG44455/16-4-2021.

Political Party Funding Act 6 of 2018

Amount available for allocation in terms of the Regulations on Political Party Funding. GenN178 GG44405/1-4-2021 and GenN205 GG44450/15-4-2021.

Postal Service Act 124 of 1998

Fee increase in terms of the Unreserved Postal Service Regulations, 2020. GenN183 GG44413/1-4-2021.

Promotion of Access to Information Act 2 of 2000

Amendment of regulations. GN307 GG44404/1-4-2021 (also available in Afrikaans).

Property Valuers Profession Act 47 of 2000

Fees and charges effective from 1 April 2021 to 31 March 2022. GenN216 GG44469/23-4-2021.

Public Finance Management Act 1 of 1999

Exemption of national and provincial departments and government components which apply the modified cash standard, from complying with s 40(1)(b) for a period of five years. GN322 GG44426/8-4-2021.

Statement of the national revenue, expenditure and borrowings as at 31 March 2021. GenN247 GG44514/30-4-2021.

Superior Courts Act 10 of 2013

Establishment of Circuit Courts within the Western Cape Division of the High Court of South Africa. GenN236 GG44505/30-4-2021.

Tax Administration Act 28 of 2011

Application and cost recovery fees for binding private rulings and binding class rulings. GN299 GG44383/1-4-2021 (also available in Afrikaans).

Value-Added Tax Act 89 of 1991

List of transactions or matters in respect of which the Commissioner may decline to make a decision. GN300 GG44383/1-4-2021 (also available in Afrikaans).

Amendment of para 8 of sch 1 to regulated purchases made by diplomats at licensed special shops. GN R369 GG44473/23-4-2021 (also available in Afrikaans).

Draft delegated legislation

• Proposed National Data and Cloud Policy in terms of the Electronic Communications Act 36 of 2005 for comment. GN306 GG44389/1-4-2021 and GN309 GG44411/1-4-2021.
• Regulations under the Rental Housing Act 50 of 1999 for comment. GN296 GG44383/1-4-2021.
• Proposed regulations on accounting standards in terms of the Public Finance Management Act 1 of 1999 for comment. GN298 GG44383/1-4-2021.
• Draft national policy pertaining to conduct, administration and management of examinations of colleges in terms of the Continuing Education and Training Act 16 of 2006 for comment. GN324 GG44427/9-4-2021.
• Amendment to the Financial Provisioning Regulations, 2015 in terms of the National Environmental Management Act 107 of 1998 for comments. GN371 GG44477/22-4-2021.
• Licencing exemption and registration requirements in terms of the Electricity Regulation Act 4 of 2006 for comment. GN347 GG44482/23-4-2021.
• Draft Amendment to the National Road Traffic Regulations, 2000 in terms of the National Road Traffic Act 93 of 1996 for comment. GN375 GG44484/23-4-2021.
• Draft Policy for the quality assurance of assessment of qualifications registered on the General and Further Education and Training Qualifications Sub-framework in terms of the National Qualifications Framework Act 67 of 2008 for comment. GN385 GG44505/30-4-2021.

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 (June) DR 33.