New legislation – March 2022

March 1st, 2022
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Legislation published from 3 January – 28 January 2022

By Wasim Cassim, Lauren Lloyd and Lizelle Rossouw

 

Acts

Adjustments Appropriation Act 18 of 2021
Commencement: 19 January 2022. GenN768 GG45785/19-1-2022.

 

Criminal and Related Matters Amendment Act 12 of 2021
Commencement: To be proclaimed. GenN786 GG45822/28-1-2022.
Pending insertion of ss 51A, 51B and 51C in the Magistrates’ Courts Act 32 of 1944.
Pending amendment of ss 59, 59A, 60, 158, 161, 170A and 299A and sch 1, Part II of sch 2, sch 7 and sch 8 and pending substitution of ss 68 and 316B of the Criminal Procedure Act 51 of 1977.
Pending amendment of Parts I, II and III of sch 2 of the Criminal Law Amendment Act 105 of 1997.
Pending insertion of ss 37A, 37B and 37C of Superior Courts Act 10 of 2013.

 

Criminal Law (Forensic Procedures) Amendment Act 37 of 2013
Commencement: Section 2 in terms of the insertion of s 36D (1): 31 January 2022. Proc 48 GG45739/13-1-2022.
Insertion of s 36D(1) of the Criminal Procedure Act 51 of 1977.

 

Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 13 of 2021
Commencement: To be proclaimed. GenN787 GG45823/28-1-2022.
Pending amendment of ss 1, 2, 5, 12, 24, 30, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, 53, 56 and 57, the long title and index, pending insertion of Part 5 (s 14A) in Ch 2, ss 44B and 44C, pending substitution of the heading for Ch 4 and ss 2, 25, 26, 41, 51 and 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.

 

Customs and Excise Act 91 of 1964
Amendment of sch 1 (no 1/1684). GN R1703 GG45817/28-1-2022.
Amendment of sch 1 (no 1/1683). GN R1704 GG45817/28-1-2022.
Amendment of sch 1 (no 1/1682). GN R1705 GG45817/28-1-2022.
Amendment of sch 1 (no 1/1681). GN R1706 GG45817/28-1-2022.
Amendment of sch 4 (no 4/2/381. GN R1707 GG45817/28-1-2022.

 

Division of Revenue Amendment Act 17 of 2021
Commencement: 19 January 2022. GenN767 GG45784/19-1-2022.
Substitution of Column A of sch 1, Column A of sch 2, Part A and Column A of Part B of sch 5, Column A of Part A of sch 6 and Column A of Part B of sch 6 of the Division of Revenue Act 9 of 2021.

 

Domestic Violence Amendment Act 14 of 2021
Commencement: To be proclaimed, except s 26, which inserts s 19A in the Domestic Violence Act 116 of 1998: 28 January 2022. GenN788 GG45824/28-1-2022.
Pending insertion of the arrangement of sections and ss 2A, 2B, 3A, 4A, 5A, 5B, 5C, 6A, 18A and 18B.
Pending substitution of ss 1, 3, 4, 5, 6, 9, 15, 16, 19 and 20 and pending amendment of ss 2, 7, 8, 10, 11, 12, 13, 17 and 18 of the Domestic Violence Act 116 of 1998.
Insertion of s 19A with effect from 28 January 2022 of the Domestic Violence Act 116 of 1998.
Pending amendment of s 40 of the Criminal Procedure Act 51 of 1977.
Pending amendment of sch 2 of the Firearms Control Act 60 of 2000.
Pending amendment of s 1 of the Protection from Harassment Act 17 of 2011.
Pending amendment of s 47 of the Superior Courts Act 10 of 2013.

 

Financial Sector Laws Amendment Act 23 of 2021
Commencement: To be proclaimed.  GenN789 GG45825/28-1-2022.
Pending insertion of s 22A and pending amendment of ss 35A and 83 and the arrangement of sections in the Insolvency Act 24 of 1936.
Pending amendment of s 10 of the South African Reserve Bank Act 90 of 1989.
Pending amendment of ss 51, 54, 60 and 91, pending repeal of ss 68, 69 and 69A and pending substitution of s 89A of the Banks Act 94 of 1990.
Pending amendment of ss 4, 29 and 92 and the arrangement of sections, pending repeal of ss 73, 74, 75, 76, 77, 80 and 81 and pending insertion of s 78A of the Mutual Banks Act 124 of 1993.
Pending amendment of s 18 of the Competition Act 89 of 1998.
Pending insertion of s 9B and pending amendment of the arrangement of sections of the Financial Institutions (Protection of Funds) Act 28 of 2001.
Pending amendment of ss 1, 55 and 80, pending repeal of ss 24, 25, 26 and 30 and pending insertion of s 30A of the Co-operative Banks Act 40 of 2007.
Pending amendment of ss 81, 112, 113, 114 and 128 of the Companies Act 71 of 2008.
Pending amendment of ss 3, 60 and 64 of the Financial Markets Act 19 of 2012.
Pending amendment of ss 1, 7, 26, 27, 30, 105, 109, 129, 134, 241, 248, 250 and 267, schs 2 and 3, the long title and the arrangement of sections, pending substitution of ss 9, 28, 91, 265 and 285 and the heading to Part 6 of ch 2, pending insertion of ss 29A, 29B, 135A and ch 12A (ss 166A to 166Z, ss 166AA to 166AZ, ss 166BA to 166BH) and pending repeal of s 31 of the Financial Sector Regulation Act 9 of 2017.
Pending amendment of s 52 of the Insurance Act 18 of 2017.

 

Property Practitioners Act 22 of 2019
Commencement: 1 February 2022. Proc 47 GG45735/14-1-2022.
Repeal of the Estate Agency Affairs Act 112 of 1976.

 

Rates and Monetary Amounts and Amendment of Revenue Laws Act 19 of 2021
Commencement: 19 January 2022, unless otherwise indicated. GenN769 GG45786/19-1-2022.
Amendment of ss 6, 6A, para 9 of the sch 7 of the Income Tax Act 58 of 1962.
Amendment of s 5 of the Carbon Tax Act 15 of 2019.
Amendment of s 2 and sch 1 of the Rates and Monetary Amounts and Amendment of Revenue Laws Act 22 of 2020.

 

Tax Administration Laws Amendment Act 21 of 2021
Commencement: 19 January 2022, unless otherwise indicated. GenN771 GG45788/19-1-2022.
Amendment of s 5 of the Estate Duty Act 45 of 1955.
Amendment of ss 18A, 49F and 64LA, para 13 of the Sch 1, paras 6, 14, 21 and 23 of sch 4 and para, 17 of sch 7 of the Income Tax Act 58 of 1962.
Amendment of ss 1, 6, 38A, 60, 64E, 75 and 79 of the Customs and Excise Act 91 of 1964.
Amendment of ss 93, 95, 99, 149 and 223 of the Tax Administration Act 28 of 2011.
Amendment of ss 1 and 2 of the Disaster Management Tax Relief Administration Act 14 of 2020.

 

Taxation Laws Amendment Act 20 of 2021
Commencement: 19 January 2022, unless otherwise indicated. GenN770 GG45787/19-1-2022.
Amendment of s 9 of the Transfer Duty Act 40 of 1949.
Amendment of ss 5 and 13 of the Estate Duty Act 45 of 1955.
Amendment of ss 1, 7C, 8, 8E, 8F, 8FA, 9D, 9H, 12DA, 12F, 12H, 12I, 13quat, 19, 20, 23M, 25, 28, 29A, 41, 42, 45, 46, 46A, 47, 49E, 50A, 64G, 64H, para 6A of sch 2, paras 1, 2, 5 and 6 of sch 4, paras 5, 6, 10 and 12D of sch 7, para 12A, 48A and 49 of sch 8, substitution of s 40CA and sch 11 and insertion of s 57B to the Income Tax Act 58 of 1962.
Continuation of certain amendments of schedules to the Customs and Excise Act 91 of 1964.
Amendment of ss 2, 9, 10, 11 and 16 and sch 2 and insertion of s 18D of the Value-Added Tax Act 89 of 1991.
Amendment of ss 1 and 8 of the Securities Transfer Tax Act 25 of 2007. Amendment of ss 1 and 6 of the Employment Tax Incentive Act 26 of 2013.
Amendment of ss 13, 15 and 62 of the Taxation Laws Amendment Act 31 of 2013. Amendment of ss 6 and 12 and sch 2 of the Carbon Tax Act 15 of 2019.
Amendment of s 37 of the Taxation Laws Amendment Act 34 of 2019.
Amendment of the long title, preamble and ss 2, 3, 4, 5, 6, 8 and 11 of the Disaster Management Tax Relief Act 13 of 2020.
Amendment of s 77 of the Taxation Laws Amendment Act 23 of 2020.

 

Bills and White Papers

 

Financial Sector and Deposit Insurance Levies (Administration) and Deposit Insurance Premiums Bill, 2022
Notice of introduction in National Assembly and publication of explanatory summary of Bill. GenN773 GG45791/20-1-2022.

 

Financial Sector and Deposit Insurance Levies Bill, 2022
Notice of introduction in National Assembly and publication of explanatory summary of Bill. GenN772 GG45791/20-1-2022.

 

Government, General and Board Notices

Banks Act 94 of 1990
Designation by the Prudential Authority of activities of an institution which shall not be deemed to constitute ‘the business of a bank’ under para (cc) in s 1(1) of the Act. GenN779 GG45816/28-1-2022.

 

Commissions Act 8 of 1947
Amendments to the 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 46 GG45720/3-1-2022.

 

Construction Industry Development Act 38 of 2000
Appointment of the new Accounting Authority for the Construction Industry Development Board (CIDB). BN196 GG45816/28-1-2022.

 

Correctional Services Act 111 of 1998
Review: Establishment of Correctional Centres and Remand Detention Facilities. GN1699 GG45816/28-1-2022.

 

Critical Infrastructure Protection Act 8 of 2019
Publication of Members of the Critical Infrastructure Council. GenN777 GG45816/28-1-2022.

 

Currency and Exchanges Act 9 of 1933
Financial Surveillance Department: Appointment of an Authorised Dealer in Foreign Exchange with limited authority. GenN753 GG45735/14-1-2022.

 

Customary Initiation Act 2 of 2021
National Initiation Oversight Committee: Filling of vacancy. GenN781 GG45816/28-1-2022.

 

Disaster Management Act 57 of 2002
Classification of a National Disaster in terms of s 23 of the Act: Severe Weather Events. GN R1687 GG45789/19-1-2022.

 

Disaster Management Act 57 of 2002
Extension of a National State of Disaster (COVID-19). GN R1672 GG45754/14-1-2022.

 

General and Further Education and Training Quality Assurance Act 58 of 2001
Amendment of GN1005 published on 26 July 2019 pertaining to the names of persons appointed to serve as Members on the Fifth Umalusi Council for the period 8 June 2018 to 7 June 2022. GN1682 GG45771/21-1-2022.

 

Immigration Act 13 of 2002
Implementation of the decision to extend Zimbabwean Nationals’ Exemption granted in terms of s 31 (2)(b), read with s 31 (2)(d) of the Act. GN1666 GG45727/7-1-2022.

 

Labour Relations Act 66 of 1995
Essential Services Committee: Notice of investigation into the manufacturing, supply and distribution of certain vaccines and or biologicals, anaesthetics, antiretrovirals to treat HIV virus, immunosuppressants, COVID-19 related products, chronic medicines; and antibiotics. GenN778 GG45816/28-1-2022.

 

National Environmental Management Act 107 of 1998
General notice calling for submissions of scientific information, socio-economic information or any other relevant information to the panel of experts appointed to lead a review of the scientific basis for the breach of the Mouth of Lake St Lucia Estuary, Isimangaliso Wetland Park, KwaZulu-Natal Province. GN1688 GG45790/20-1-2022.

 

National Environmental Management: Air Quality Act 39 of 2004
Methodological Guidelines for Quantification of Greenhouse Gas Emissions – Carbon Sequestration in the Forestry Industry. GN1700 GG45816/28-1-2022.

 

National Heritage Resources Act, No. 25 of 1999
Declaration of ten (1o) Kramats in the ‘Circle of Tombs’ situated at various locations around the Cape Peninsula, Western Cape as National Heritage Sites. GN1571 GG45602/3-1-2022.

 

Special Investigating Units and Special Tribunals Act 74 of 1996
Referral of matters to existing Special Investigating Unit. Proc49 GG45809/25-1-2022. Referral of matters to existing Special Investigating Unit. Proc50 GG45818/28-1-2022.

 

Standards Act 8 of 2008
Notice on the issuance of Certificates of Compliance for Electromagnetic Compatibility for Manufacturers. GenN751 GG45717/3-1-2022.

 

Superior Courts Act 10 of 2013
Rationalisation of areas of jurisdiction and judicial establishments of the divisions of the High Court of South Africa in terms of s 16(6)(b) of sch 6 to the Constitution read with s 6(3) of the Act. GN1661 GG45719/3-1-2022.

 

Legislation for comment

 

  • Civil Aviation Act 13 of 2009
    Draft Amendments to the Civil Aviation Regulations, 2011. GN1684 GG45777/18-1-2022.

 

  • Protection of Personal information Act 4 of 2013
    Code of Conduct: Credit Bureau Association: Notice in terms of s 61(2) of the Act. Gen NR1685 GG45778/19-1-2022.

 

  • Use of Official Languages Act 12 of 2012
    Consultation on the Draft Reviewed Language Policy for the Department. GN1689 GG45794/21-1-2022.
    Strategic Policy Framework on Disability for the Post-school Education and Training (PSET) System: Invitation for comments on the Draft Framework and Guidelines to Accommodate Students with Disabilities in Technical and Vocational Education and Training (TVET) Colleges. GN1701 GG45816/28-1-2022.

 

Rules, regulations, fees and amounts

 

  • Administration of Estate Act 66 of 1965
    Regiments Securities Limited. GN1708 GG45821/28-1-2022.
    Statement of Unclaimed Moneys. GN1709 GG45821/28-1-2022.
    South African Sugar Association: Statement of Unclaimed Monies. GN1710 GG45821/28-1-2022.

 

  • Disaster Management Act 57 of 2002
    Amendment of Directions issued in terms of reg 4(3), read with reg 66A(1) and 66A(4), read with reg 69, of the regulations made under the Act, regarding the re-opening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, all Provincial Departments of Education, all Education District Offices and all schools in the Republic of South Africa. GenN758 GG45753/14-1-2022.

 

  • Marketing of Agricultural Products Act 47 of 1996
    Continuation of statutory levies on table eggs as prescribed by reg R345, as amended and on egg products sold to the trade and determination of guideline price. GN1679 GG45771/21-1-2022.
    Continuation of statutory measure regarding the registration of sellers of table eggs as prescribed by reg R345, as amended and egg products sold to the trade. GN1680 GG45771/21-1-2022.
    Continuation of statutory measure regarding records and returns by sellers of table eggs as prescribed by reg R345, as amended and egg products sold to the trade. GN1681 GG45771/21-1-2022.

 

  • Military Pensions Act 84 of 1976
    Determination of amounts for purposes of the Act. G NR1685 GG45779/21-1-2022.

 

  • Military Pensions Act 84 of 1976
    Determination of amounts for purposes of the Act. G NR1702 GG45817/28-1-2022.

 

  • National Water Act 36 of 1998
    Reserve determination for water resources of the Mokolo and Matlabas Catchments. GN1669 GG45735/14-1-2022.

 

  • Petroleum Products Act 120 of 1977
    Regulations in respect of the single maximum national retail price for illuminating paraffin G NR1662 GG45724/4-1-2022.
    Maximum retail price for liquefied petroleum gas. G NR1663 GG45724/4-1-2022.
    Amendment of the regulations in respect of petroleum products. G NR1664 GG45724/4-1-2022.

 

  • Political Party Funding Act 6 of 2018
    Multi-Party Democracy Fund. Gen N759 GG45755/14-1-2022.

 

  • Postal Services Act 124 of 1998
    Fees and charges for postal services. GN1686 GG45780/19-1-2022.

 

  • Property Practitioners Act 22 of 2019
    Property Practitioners Regulations, 2022. Proc 47 GG45735/14-1-2022.

 

  • Road Accident Fund Act 56 of 1996
    Adjustment of the statutory limit in respect of claims for loss of income and loss of support. BN194 GG45816/28-1-2022.

 

  • Road Traffic Management Corporation Act 20 of 1999
    Road Traffic Management Corporation Regulations, 2022. GN1671 GG45738/14-1-2022.

 

Wasim Cassim, Lauren Lloyd and Lizelle Rossouw are editors at LexisNexis in Durban.
This article was first published in De Rebus in 2022 (March) DR 29.

 

 

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