New legislation – May 2020

May 1st, 2020
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Legislation published from
2 March – 2 April 2020

Bills

Fiscal Responsibility Bill B5 of 2020.

Commencement of Acts

Financial Sector Regulation Act 9 of 2017. Amended commencement: Various dates. GN356 GG43131/24-5-2020 (Setswana).

Selected list of delegated legislation

Auditing Profession Act 26 of 2005

Amendment to the code of professional conduct for registered auditors relating to registered candidate auditors. BN25 GG43073/6-3-2020.

Fees payable from 1 April 2020. BN47 GG43110/20-3-2020.

Basic Conditions of Employment Act 75 of 1997

Sectoral Determination 6: Private Security Sector, South Africa (correction). GN R317 GG43102/18-3-2020.

Civil Aviation Act 13 of 2009

Twenty-second amendment of the Civil Aviation Regulations, 2020. GenN132 GG43064/3-3-2020.

Companies Act 71 of 2008

Practice note 1 of 2020: Business rescue filing procedure. GN308 GG43090/13-3-2020.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Period during which the return of earnings should be submitted in 2020: 1 April – 31 May 2020. GenN174 GG43104/18-3-2020.

Annual increase in medical tariffs for medical service providers: Doctors Gazette, 2020. GenN184 GG43111/19-3-2020.

Annual increase in medical tariffs for medical service providers: Prosthetics Gazette, 2020. GenN185 GG43112/19-3-2020.

Annual increase in medical tariffs for medical service providers: General rule. GenN189 GG43119/20-3-2020.

Annual increase in medical tariffs for medical service providers: Physiotherapist Gazette, 2020. GenN190 GG43120/20-3-2020.

Annual increase in medical tariffs for medical service providers: Renal care, wound care and social worker psychology: Renal Care Gazette, 2020. GenN191 GG43121/20-3-2020.

Annual increase in medical tariffs for medical service providers: Ambulance, private hospital and blood services: Ambulance Gazette, 2020. GenN188 GG43118/20-3-2020.

Compensation for occupationally acquired Novel Coronavirus Disease (COVID-19). GenN193 GG43126/23-3-2020.

Annual increase in medical tariffs for medical service providers: Chiropractor Gazette, 2020. GenN200 GG43137/25-3-2020.

Annual increase in medical tariffs for medical service providers: Dental Gazette. GenN201 GG43139/25-3-2020.

Annual increase in medical tariffs for medical service providers: Optometrist and speech/audiologist. Optometrist and Speech/Audiologist Gazette, 2020. GenN202 GG43140/25-3-2020.

Competition Act 89 of 1998, Consumer Protection Act 68 of 2008 and the Disaster Management Act 57 of 2002

Consumer and Customer Protection and National Disaster Management Regulations and Directions (COVID-19). GN R350 GG43116/19-3-2020.

Competition Act 89 of 1998

COVID-19 block exemption for the healthcare sector. GN R349 GG43114/19-3-2020.

Amendment of the conditions of exemption of the national hospital network. GN319 GG43110/20-3-2020.

Regulations relating to the COVID-19 block exemption for the banking sector, 2020. GN R355 GG43127/23-3-2020.

Regulations relating to the COVID-19 block exemption for retail property sector, 2020. GN R358 GG43134/24-3-2020.

Regulations relating to the COVID-19 block exemption for the hotel industry, 2020. GN R422 GG43175/27-3-2020.

Constitution

Establishment of the National Security Council. Proc13 GG43083/10-3-2020.

Continuing Education and Training Act 16 of 2006

Post-School Education and Training Information Policy, 2019. GenN138 GG43073/6-3-2020.

Council for Medical Schemes Levies Act 58 of 2000

Imposition of levies on medical schemes. GenN164 GG43090/13-3-2020.

Dental Technicians Act 19 of 1979

Regulations regarding the registration and training of student dental technicians and student dental technologists. GN378 GG43145/27-3-2020.

Disaster Management Act 57 of 2002

Declaration of national state of disaster: Drought conditions. GN243 GG43066/4-3-2020.

Guideline on concluding cooperation and mutual assistance agreements. GN244 GG43073/6-3-2020.

Guideline on conducting an initial on-site assessment. GN245 GG43073/6-3-2020.

Guideline on contingency planning and arrangements. GN247 GG43073/6-3-2020.

Classification and declaration of a national disaster: COVID-19. GN312 and GN313 GG43096/15-3-2020.

Regulations in terms of s 27(2) of the Act (COVID-19). GN318 GG43107/18-3-2020 (also available in Afrikaans), GN R398 GG43148/25-3-2020, GN R419 GG43168/26-3-2020 and GN R446 GG43199/2-4-2020.

Regulations made in terms of s 27(2) of the Act (in Setswana). GN354 GG43128/23-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in cross-border road transport. GN418 GG43167/26-3-2020.

Measures to prevent and combat the spread of COVID-19 in cross-border road transport. GN413 GG43158/26-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 (home affairs). GN416 GG43163/26-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 (transport). GenN216 GG43162/26-3-2020.

Directive on the COVID-19 temporary employee/employer relief scheme. GenN215 GG43161/26-3-2020.

Electronic communications, postal and broadcasting directions. GN417 GG43164/26-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in air services. GN415 GG43160/26-3-2020, GN423 GG43176/27-3-2020 and GN438 GG43189/31-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in the railway operations. GN414 GG43159/26-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in the public transport services. GN412 GG43157/26-3-2020 and GN436 GG43186/31-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 (social development). GN R430 GG43182/30-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in the public transport services: Learner’s and driving licences. GN431 GG43183/30-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in all courts, court precincts and justice service points. GN440 GG43191/31-3-2020.

Directions on measures to prevent and combat the spread of COVID-19 in environmental matters. GN R439 GG43190/31-3-2020.

Electricity Regulation Act 4 of 2006

Amendment of licensing exemption and registration obligations. GN402 GG43151/26-3-2020.

Electronic Communications Act 36 of 2005

Increase of administrative fees in relation to the type approval. GenN196 GG43129/23-3-2020.

Increase of administrative fees in relation to service licences. GenN197 GG43129/23-3-2020.

Radio Frequency Spectrum Licence Fee Amendment Regulations. GenN195 GG43129/23-3-2020.

Official list of regulated standards for technical equipment and electronic communications facilities amendment regulations, 2020. GN357 GG43132/24-3-2020.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

Amendment of the regulations to the tariffs for registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilising plants and pest control operators, appeals and imports. GN R395 GG43146/27-3-2020.

Firearms Control Act 60 of 2000

Firearms Control Amendment Regulations, 2020. GN275 GG43081/9-3-2020 (also available in Afrikaans).

Health Professions Act 56 of 1974

Amendment of fees payable. BN49 GG43145/27-3-2020.

Amendment of the regulations relating to specialities and subspecialties in medicine and dentistry. GN376 GG43145/27-3-2020.

Income Tax Act 58 of 1962

Determination of the daily amount in respect of meals and incidental costs (also available in Afrikaans, Tshivenda and isiXhosa. GN270 GG43073/6-3-2020.

Fixing of the rate per kilometre in respect of motor vehicles in terms of the Act (also available in Afrikaans, isiZulu and Sesotho). GN271 GG43073/6-3-2020.

International Air Services Act 60 of 1993

International Air Services (COVID-19 Restrictions on the Movement of Air Travel) Regulations, 2020. GenN175 GG43105/18-3-2020.

International Trade Administration Act 71 of 2002

COVID-19 Export Control Regulations. GN R424 GG43177/27-3-2020.

Judges’ Remuneration and Conditions of Employment Act 47 of 2001

Determination of remuneration of Constitutional Court judges and judges. GenN204 GG43142/25-3-2020.

Local Government: Municipal Finance Management Act 56 of 2003

Exemption of municipalities and municipal entities during national state of disaster. GN429 GG43181/30-3-2020.

Local Government: Municipal Systems Act 32 of 2000

Upper limits of total remuneration packages payable to municipal managers and managers directly accountable to municipal managers. GN351 GG43122/20-3-2020.

Magistrates Act 90 of 1993

Determination of salaries and allowances of magistrates. GenN205 GG43142/25-3-2020.

Medicines and Related Substances Act 101 of 1995

Annual single exit price adjustment of medicines and scheduled substances for 2020. GN322 GG43110/20-3-2020.

Regulations relating to a transparent pricing system for medicines and schedule substances: Dispensing fee. GN377 GG43145/27-3-2020.

Mineral and Petroleum Resources Development Act 28 of 2002

Amendment of the Mineral and Petroleum Resources Development Regulation. GN R420 GG43172/27-3-2020.

National Environmental Management Act 107 of 1998

Procedures for assessment and minimum criteria for reporting on identified environmental themes when applying for environmental authorisation. GN320 GG43110/20-3-2020.

National Environmental Management: Air Quality Act 39 of 2004

Amendment of listed activities and associated minimum emission standards. GN421 GG43174/27-3-2020.

National Ports Act 12 of 2005

Regulations in terms of s 80(1)(g) of the Act (COVID-19). GenN173 GG43103/18-3-2020.

National Qualifications Framework Act 67 of 2008

Revised occupational qualifications sub-framework. GN239 GG43062/2-3-2020.

Policy and criteria for recognising a professional body and registering a professional designation. GN400 GG43150/26-3-2020.

Policy and criteria for registration of qualifications and part-qualification. GN401 GG43150/26-3-2020.

National Railway Safety Regulator Act 16 of 2002

Determination on verbal safety-critical communication protocol. GN347 GG43110/20-3-2020 and GN360 GG43138/25-3-2020.

Perishable Products Export Control Act 9 of 1983

Imposition of levies on perishable products from 1 April 2020. GenN206 GG43145/27-3-2020.

Pharmacy Act 53 of 1974

Regulations relating to fees payable to the South African Pharmacy Council. BN26 GG43073/6-3-2020.

Rules relating to services for which pharmacists may levy a fee and guidelines for levying such a fee or fees. BN27 GG43073/6-3-2020.

Postal Services Act 124 of 1998

Unreserved Postal Services Regulations, 2020. GN381 GG43145/27-3-2020.

Prescribed Rate of Interest Act 55 of 1975

Prescribed rate of interest: 9,75% per annum with effect from 1 March 2020. GN R397 GG43146/27-3-2020 (also available in Afrikaans).

Private Security Industry Regulation Act 56 of 2001 and Security Officers Act 92 of 1987

Amendment of regulations. GenN177 GG43110/20-3-2020.

Public Audit Act 25 of 2004

Audit Fees Regulations. GN443 GG43194/1-4-2020 (also available in Afrikaans).

Public Finance Management Act 1 of 1999

Exemption of institutions as a result of the COVID-19 National State of Disaster. GN437 GG43188/31-3-2020.

Remuneration of Public Office Bearers Act 20 of 1998

Determination of salaries and allowances of traditional leaders, members of national house and provincial houses of traditional leaders. Proc14 GG43142/25-3-2020.

Social Assistance Act 13 of 2004

Increase in respect of social grants. GN R361 GG43143/25-3-2020.

South African Police Service Act 68 of 1995

Regulations under s 15AD. GN R396 GG43146/27-3-2020.

South African Schools Act 84 of 1996

Amendment of the national norms and standards for school funding. GN366 GG43145/27-3-2020.

Taxation Laws Amendment Act 17 of 2009

Allocations to metropolitan municipalities of general fuel levy revenue. GN326 GG43110/20-3-2020.

Draft delegated legislation

  • Draft amended Refugee Appeals Authority of South Africa rules in terms of the Refugee Act 130 of 1998. GenN133 GG43067/4-3-2020.
  • Draft amended regulations regarding standard terms and conditions for class licences under Chapter 3 of the Electronic Communications Act 36 of 2005 for comment. GenN157 GG43077/5-3-2020.
  • Property Practitioners Regulations, 2020 in terms of the Property Practitioners Act 22 of 2019 for comment. GenN139 GG43073/6-3-2020.
  • Draft amendment of the licensing processes and procedures regulations for class licences, 2010 and the amendment regulations, 2016 in terms of the Independent Communications Authority of South Africa Act 13 of 2000 for comment. GenN160 GG43082/9-3-2020.
  • Regulations regarding the category and type of all notifiable occurrences to be reported to the chief executive officer of the Railway Safety Regulator, 2020 in terms of the National Railway Safety Regulator Act 16 of 2002 for comment. GenN162 GG43085/11-3-2020.
  • Draft amendments to certain regulations governing various marine protected areas in terms of the National Environmental Management: Protected Areas Act 57 of 2003 for comment. GN321 GG43110/20-3-2020.
  • Code of conduct: Regulations regarding criteria and procedures for recommendations of conferment of Senior Counsel and Senior Attorney status in term of the Legal Practice Act 28 of 2014 for comment. GenN208 GG43145/27-3-2020.

Draft Bills

  • Draft Merchant Shipping Bill, 2020 for comment. GenN148 GG43073/6-3-2020.
  • Draft Social Service Practitioners Bill, 2019 for comment. GN387 GG43145/27-3-2020.

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 (May) DR 29.