New legislation – March 2023

March 1st, 2023
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Legislation published from 28 December 2022 – 27 January 2023

By Shanay Sewbalas and Johara Ally

 

Acts

Children’s Amendment Act 17 of 2022

Date of commencement: 5 January 2023. Amends ss 1, 24, 45, 105, 142, 150, 155, 156, 157, 159, 183, 185 and 186 of the Children’s Act 38 of 2005. GenN1543 GG47828/5-1-2023.

Customs and Excise Act 91 of 1964

Amendment of part 4 of sch 5 (no 5/4/121), sch 4 (no 4/384) and sch 1 (no 1/1/1894). GN R2923, GN R2924 and GN R2925 GG47823/6-1-2023.

Amendment to part 1 of sch 3 (no 3/1/749). GN R2934 GG47876/20-1-2023.

Financial Intelligence Centre Act 38 of 2001

Commencement of ss 31 and 56 of the Act. Proc 111 GG47883/20-1-2023.

General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022

Replaces GN1532 GG47802/29-12-2022. Date of commencement to be proclaimed. Amends ss 1, 6, 8, 10, 11, 19 and 20 of the Trust Property Control Act 57 of 1988. Inserts s 11A of the Trust Property Control Act 57 of 1988. Amends ss 2, 5, 12, 13, 18, 21, 24 and 29 of the Nonprofit Organisations Act 71 of 1997. Inserts ch 3A of the Nonprofit Organisations Act 71 of 1997. Amends ss 1 – 5, 21B, 21C, 21D, 21F, 21G, 21H, 26B, 26C, 27A, 28A, 34  37, 40, 41A, 42, 49A, 50, 52, 57, 59, 64, 75, 79A, 79B, sch 2, sch 3A and sch 3B of the Financial Intelligence Centre Act 38 of 2001. Substitutes s 26A and the index and inserts s 79C and sch 3C of the Financial Intelligence Centre Act 38 of 2001. Amends ss 1, 33, 50, 56, 69, 122, and the arrangement of sections of the Companies Act 71 of 2008. Amends s 159, long title and arrangement of sections of the Financial Sector Regulation Act 9 of 2017. Inserts ch 11A, ss 159A and 159C of the Financial Sector Regulation Act 9 of 2017. GN1535 GG47815/29-12-2022.

Commences ss 9, 10, 16, 18 to 55, 59 and 62 – 65 of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022. Sections 1, 2, 3, 4, 5, 6, 8, 11 – 15, 17, 56, 57, 58, 60 – 61 of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 except ss 6(1H) and 11A(1)(c), 11A(2) and 11A(3) of the Trust Property Control Act 57 of 1998. Date of commencement: 1 April 2023. Proc 109 GG47805/31-12-2022.

Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022

Date of commencement to be proclaimed. Amends ss 1, 3 – 6, 7, 9, 10, 12, 13, 15 – 18, 24 and 27, the preamble and the arrangement of sections of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004. Inserts ss 4A and 24A of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004. Substitution of ss 11 and 23 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004. Repeals ss 25 and 26 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004. GN1533 GG47803/29-12-2022.

Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022: Proclamation. Date of commencement: 4 January 2023. Proc 110 GG47820/4-1-2023.

Rates and Monetary Amounts and Amendment of Revenue Laws Act 19 of 2022

Date of commencement to be proclaimed. Amends the fixing of rates of normal tax, ss 6, 6A and sch 7 para 9. Amends sch 1 of the Customs and Excise Act 91 of 1964. Amends s 7 of the Employment Tax Incentive Act 26 of 2013. Amends ss 5 and 6 of the Carbon Tax Act 15 of 2019. Amends ss 18 and 19 of the Taxation Laws Amendment Act 20 of 2021. GenN1540 GG47825/5-1-2023.

Sectional Titles Amendment Act 13 of 2022

Date of commencement: 5 January 2023. Amends ss 1, 4, 14, 15B, 17, 21 – 26, 27, 32, 54 and 55 of the Sectional Titles Act 95 of 1986. Substitutes s 18 of the Sectional Titles Act 95 of 1986. GenN1545 GG47830/5-1-2023.

Special Appropriation Act 18 of 2022

Date of commencement to be proclaimed. GenN1539 GG47824/5-1-2023.

Tax Administration Laws Amendment Act 16 of 2022

Date of commencement: 5 January 2023. Amends s 1 of the Transfer Duty Act 40 of 1949. Amends s 5 of the Estate Duty Act 45 of 1955. Amends ss 1, 64M, sch 4 para 5 and sch 24 para 5 of the Income Tax Act 58 of 1962. Amends ss 1, 4, 38, 39, 40, 41, 47, 49, 65, 71, 79, 84, 86, 107 and 120 of the Customs and Excise Act 91 of 1964. Inserts Chapter IXA of the Customs and Excise Act 91 of 1964. Amends ss 13, 23 and sch 1 of the Value-Added Tax Act 89 of 1991. Amends ss 221, 222, 240A and s 256 of the Tax Administration Act 28 of 2011. Amends s 10 of the Employment Tax Incentive Act 26 of 2013. Amends s 20 of the Tax Administration Laws Amendment Act 44 of 2014. Amends s 2 of the Tax Administration Laws Amendment Act 13 of 2017. Amends s 1 of the Tax Administration Laws Amendment Act 24 of 2020. GenN1542 GG47827/5-1-2023.

Taxation Laws Amendment Act 20 of 2022

Date of commencement to be proclaimed. Amends ss 1, 7B, 7C, 9D, 10, 10B, 10C, 11, 12L, 19, 23, 23M, 24, 28, 29A, 45, 64FA, 64K, sch 2 para 4, sch 4 para 11, sch 7 para 3, sch 8 para 5 and sch 11 of the Income Tax Act 58 of 1962. Amends s 48, sch 1 to sch 6 of the Customs and Excise Act 91 of 1964. Amends ss 1, 9, 16, 18D, 20, 23 and 52 of the Value-Added Tax Act 89 of 1991. Amends s 1 of the Taxation Laws Second Amendment Act 25 of 2011. Amends ss 13, 15 and 62 of the Taxation Laws Amendment Act 31 of 2013. Amends ss 5 and 6 of the Carbon Tax Act 15 of 2019. Amends s 50 of the Taxation Laws Amendment Act 34 of 2019. Amends ss 4, 18 of the Taxation Laws Amendment Act 20 of 2021. GenN1541 GG47826/5-1-2023.

 

Government, General and Board Notices

Disaster Management Act 57 of 2002

Classification of a Provincial Disaster in terms of s 23 of the Act: Impact of the Gauteng Province Flooding Incidents. GN2954 GG47911/25-1-2023.

Electronic Communications Act 36 of 2005

Notice to extend the closing date in respect of the invitation to pre-register for Digital Community Television Broadcasting Service and Radio Frequency Spectrum Licences on Multiplex 1 (Mux1) frequencies. GenN1547 GG47832/6-1-2023.

Financial Surveillance Department: Cancellation of an Authorised Dealer in Foreign Exchange

GenN1561 GG47917/26-1-2023.

Higher Education Act 101 of 1997

Amended Institutional Statute of the University of Venda. GN2972 GG47926/27-1-2023.

International Trade Administration Act 71 of 2002

New importers under rebate item 460.11 for used overcoats for 2023. GenN1538 GG47822/6-1-2023.

Labour Relations Act 66 of 1995

Application for Variation of Registered Scope of a Bargaining Council. GN2955 GG47912/25-1-2023.

National Bargaining Council for the Private Security Sector: Extension of period of Operation of the Main Collective Agreement and Extension to Non-Parties of the Main Collective Agreement. GenN1529 and GenN1530 GG47797/30-12-2022.

National Environmental Management Act 107 of 1998

Postponement of a need to be South African National Accreditation System accredited as an independent assessor to verify greenhouse gas emissions. GN2917 GG47801/28-12-2022.

National Forests Act 84 of 1998

Release of land for non-forestry purposes in terms of s 50(3) and (4) of the Act. GN2951 GG47884/19-1-2023.

The publication of the annual list of all tree species which are protected under s 12 of the Act. GN2984 GG47927/27-1-2023.

National Qualifications Framework Act 67 of 2008

Policy for the quality assurance of assessment of qualifications registered on the general and further education and training qualifications sub-framework of the national qualifications framework. GN2965 GG47926/27-1-2023.

Pharmacy Act 53 of 1974

The South African Pharmacy Council: Primary care drug therapy pharmacist. BN384 GG47926/27-1-2023.

South African Language Practitioners’ Council Act 8 of 2014

Issued in terms of s 3(2) of the Act declaration of South African Language Practitioners’ Council as a public entity. GN2959 GG47921/27-1-2023.

 

Legislation for comment

Allied Health Professions Act 63 of 1982

Draft regulations relating to the profession of aromatherapy and therapeutic aromatherapy.

GN2969 GG47926/27-1-2023.

Regulations relating to disciplinary inquiries under the Allied Health Professions Act. GN R2915 GG47798/30-12-2022.

Civil Aviation Act 13 of 2009

Civil Aviation Regulations, 2011. GN2953 GG47910/24-1-2023.

Publication for comments on members eligible for appointment to the Board of the Civil Aviation Authority. GenN1553 GG47878/18-1-2023.

Constitution

Notice of intention to introduce a Private Member’s Bill and invitation for comment thereon, namely the Remuneration of Public Office Bearers Amendment Bill, 2023. GenN1555 GG47883/20-1-2023.

Dental Technicians Act 19 of 1979

Regulations relating to the Institution of Inquiries held in terms of the Act. GN R2957 GG47913/27-1-2023.

Regulations relating to the Institution of Inquiries held in terms of s 50(1)(k) of the Act. GN R2961 GG47924/27-1-2023.

Regulations relating to the Undergraduate Curricula and Examinations in Dental Technology. GN2970 GG47926/27-1-2023.

Electronic Communications Act 36 of 2005

Applications for the Transfer of Ownership of the Individual Electronic Communications Service (I-ECS) and Individual Electronic Communications Network Service (I-ECNS). Licences from Platformity CC to Grandcom Resources (Pty) Ltd. GenN1549 GG47853/10-1-2023.

Applications for the transfer of ownership of I-ECS and I-ECNS licences from Epilite 102 CC to Kyrascene (Pty) Ltd. GN2879 GG47831/6-1-2023.

Films and Publications Act 65 of 1996

Complaints handling procedures. GN2932 GG47855/13-1-2023.

Films and Publication Board: Complaints handling procedures. GN2939 GG47883/20-1-2023.

Films and Publications Amendment Tariff’s Regulations, 2022 and Enforcement Committee Rules, 2022. GN R2921 and GN R2922 GG47823/6-1-2023.

Draft Regulatory Instruments of the Film and Publication Board. Regulations on the processes and procedures for applying or registering, amending, transferring and renewing licences and terms and conditions to be applied to such licences in terms of the Act. GN2922 and GN2921 GG47822/6-1-2023.

Financial Markets Act 19 of 2012

Proposed Amendment to Strate (Pty) Ltd Rules. BN382 GG47883/20-1-2023.

Firearms Control Act 60 of 2000

Notice in terms of s 136(1) of the Act: Destruction of firearms. GN2927 GG47833/6-1-2023.

Independent Communications Authority of South Africa Act 13 of 2000

Minister in the Presidency, Mondli Gungubele calls for public comments on a revised Media, Advertising and Communication Charter Sector Code. GenN1534 GG47804/30-12-2022.

Mine Health and Safety Act 29 of 1996

Notice calling for nominations of persons to serve on the Mine Health and Safety Council. BN386 GG47926/27-1-2023.

National Environmental Management: Waste Act 59 of 2008

Consultation on the draft amendments to the Waste Tyre Regulations, 2017. GN2956 GG47918/26-1-2023.

Nursing Act 33 of 2005

Regulations relating to the distinguishing devices for nurses and midwives. GN R2916 GG47798/30-12-2022.

Project and Construction Management Professions Act 48 of 2000

South African Council for the Project and Construction Management Professions (SACPCMP) Policy on continuous professional development. SACPCMP Policy on competency standards for the purpose of registration. SACPCMP Policy on recognition of prior learning. SACPCMP Policy on registration for comment. BN381, BN382, BN383 and BN384 GG47797/30-12-2022.

Skills Development Act 97 of 1998

The Sector Education and Training Authority (SETA) Grant Regulations regarding money received by SETA and related matters. GN2971 GG47926/27-1-2023.

Traditional and Khoi-San Leadership Act 3 of 2019

Invitation to nominate persons to be considered as member of the Commission on Khoi-San Matters. GN1566 GG47926/27-1-2023.

 

Rules, regulations, fees and amounts

Agricultural Product Standards Act 119 of 1990

Regulations regarding departmental fees: Amendment. GN R2956 GG47913/27-1-2023.

Air Traffic and Navigation Services Company Act 45 of 1993

Publication of air traffic service charges. GenN1551 GG47855/13-1-2023.

Allied Health Professions Act 63 of 1982

Regulations relating to the profession of Tradition Chinese Medicine and Acupuncture. GN2966 GG47926/27-1-2023.

Commissions Act 8 of 1947

Amendment 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 112 GG47889/20-1-2023.

Defence Act 42 of 2002

Notice in terms of s 19(2) of the Act. GN2958 GG47920/27-1-2023.

Dental Technicians Act 19 of 1979

Regulations relating to scope of professions of dental technicians and health technologists. GN2967 GG47926/27-1-2023.

Regulations relating to the conduct of the business of the South African Dental Technicians Council and related matters. GN2968 GG47926/27-1-2023.

Division of Revenue Act 5 of 2022

Human Settlements Development Grant and Informal Settlements Upgrading Partnership Grant: Provinces – stopping of funds from under-performing provinces and re-allocation to other provinces. GN2936 GG47882/19-1-2023.

Gazetting of transfers for the Provincial Emergency Housing Grant to Eastern Cape for storm and flood related relief. GN2942 GG47883/20-1-2023.

Electricity Regulation Act 4 of 2006

Correction of GN2875 GG47757/15-12-2022: Licensing Exemption and Registration Notice. GN2935 GG47877/17-1-2023.

Employment of Educators Act 76 of 1998

Improvement in conditions of service: Annual cost-of-living adjustment for educators employed in terms of the Act with effect from 1 April 2022. GN2952 GG47886/20-1-2023.

Financial Intelligence Centre Act 38 of 2001

Amendment of Money Laundering and Terrorist Financing Control Regulations. GN2943 GG47883/20-1-2023.

Financial Markets Act 19 of 2012

Approved Amendments to the Johannesburg Stock Exchange (JSE) Equities Rules, JSE Derivatives Rules and JSE Interest Rate and Currency Derivatives Rules: Disciplinary Matters – penalties. BN381 GG47852/10-1-2023.

Housing Act 107 of 1997

Publication of the Norms and Standards for Rental Housing. GN2941 GG47883/20-1-2023.

Labour Relations Act 66 of 1995

Code of Practice: Correction Notice: Managing Exposure to SARS-COV-2 in the Workplace, 2022. GN R2957 GG47919/27-1-2023.

Legal Practice Act 28 of 2014

Determination of amount in terms of s 55. GN R2933 GG47848/13-1-2023.

Medicines and Related Substances Act 101 of 1965

Annual single exit price adjustment of medicines and scheduled substances for the year 2023. GN2940 GG47883/20-1-2023.

Pension Funds Act 24 of 1956

Repeal of reg 33. GN2977 GG47926/27-1-2023.

Petroleum Products Act 120 of 1977

Regulations in respect of the single maximum national retail price for illuminating paraffin. GN R2918 GG47816/3-1-2023.

Maximum Retail Price for liquefied petroleum gas. GN R2919 GG47816/3-1-2023.

Amendment of the regulations in respect of petroleum products. GN R2920 GG47816/3-1-2023.

Pharmacy Act 53 of 1974

The South African Pharmacy Council: Rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such a fee or fees. BN385 GG47926/27-1-2023.

Political Party Fund Act 6 of 2018

Multi-Party Democracy Fund. GenN1554 GG47881/19-1-2023.

Public Finance Management Act 1 of 1999

Statement of the National Revenue, Expenditure and Borrowings as at 31 Dec 2022 issued by the Director-General of National Treasury (DG NT). GN1564 GG47926/27-1-2023.

Statement of the National Government Revenue and Expenditure as at 30 November 2022 issued by the DG NT. GenN1528 GG47795/30-12-2022.

Rate of interest on government loans. GenN1531 GG47797/30-12-2022.

South African Maritime Safety Authority Act 5 of 1998

Determination of charges. GN R2926 GG47823/6-1-2023.

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

This article was first published in De Rebus in 2023 (March) DR 27.

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