New legislation – May 2021

May 1st, 2021
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Legislation published from 1 – 31 March 2021

 

Commencement of Acts

Social Assistance Act 13 of 2004, ch 4 (ss 24-28). Commencement: 1 April 2021. Proc2 GG44299/19-3-2021.

Science and Technology Laws Amendment Act 9 of 2020. Commencement: 1 April 2021. Proc3 GG44333/26-3-2021 (also available in isiZulu).

 

Promulgation of Acts

Airports Company Amendment Act 17 of 2020. Commencement: To be proclaimed. GN 82 GG44225/4-3-2021 (also available in Afrikaans).

Air Traffic and Navigation Services Company Amendment Act 18 of 2020.  Commencement:  To be proclaimed. GN83 GG44226/4-3-2021 (also available in Afrikaans).

 

Selected list of delegated legislation

Agricultural Pests Act 36 of 1983

Control measures relating to Asian citrus psyllid (Diaphorina citri) and Citrus greening (Asian and American strains) (Candidatus Liberibacter asiaticus and Candidatus Liberibacter americanus). GN R209 GG44258/12-3-2021.

Amendment of control measures (fees payable). GN224 and GN225 GG44293/19-3-2021.

Animal Identification Act 6 of 2002

Amendment of regulations. GN259 GG44333/26-3-2021.

Antarctic Treaties Act 60 of 1996

Antarctica and Southern Ocean Strategy 2021. GN234 GG44293/19-3-2021.

Auditing Profession Act 26 of 2005

Fees payable to the Independent Regulatory Board for Auditors from 1 April 2021. BN13 GG44257/12-3-2021.

Companies Act 71 of 2008

Mandatory submission of annual financial statements using iXBRL by entities using Generally Recognised Accounting Principles as from 1 October 2021. GN207 GG44257/12-3-2021.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Amendment of sch 4 (manner of calculating compensation), increases in monthly pension and increase of the maximum amount of earnings on which assessment of an employer shall be calculated. GN184 GG44238/5-3-2021.

Inclusion of domestic employees under the Act, benefits and registration of claims procedure. GN106 GG44250/10-3-2021.

Revised return of earnings prescribed form. GN242 GG44302/19-3-2021.

Revised CF-2B application for the revision of the assessment prescribed form. GenN132 GG44329/25-3-2021.

Revised CF-2A return of earnings prescribed form. GenN133 GG44330/25-3-2021.

Increase in medical tariffs. GenN146 GG44344/29-3-2021 (Ambulance Gazette 2021), GenN147 GG44345/29-3-2021 and GenN148 GG44346/29-3-2021 (Dental Gazette 2021), GenN153 GG44356/30-3-2021 (Wound Care Gazette 2021), GenN154 GG44357/30-3-2021 (Social Worker Psychology Gazette 2021), GenN149 GG44347/30-3-2021 (Orthotists/Prosthetists Gazette 2021), GenN151 GG44354/30-3-2021 (Chiropractor Gazette 2021), GenN152 GG44355/30-3-2021 (Renal Care Gazette 2021) and GenN155 GG44358/30-3-2021 (Private Hospital Gazette 2021).

Continuing Education and Training Act 16 of 2006

National Policy on Students and Community Support Services for Community Education and Training Colleges. GN208 GG44257/12-3-2021.

Deeds Registries Act 47 of 1937

Amendment of regulations. GN R153 GG44202/1-3-2021 (also available in Afrikaans).

Disaster Management Act 57 of 2002 (COVID-19)

  • Education

Amendment of directions regarding measures to address, prevent and combat spread of COVID-19: Re-opening of schools in 2021. GenN145 GG44339/27-3-2021.

Directions on a national framework and criteria for management of 2021 academic year in public and private higher education institutions. GN277 GG44342/29-3-2021.

  • Environment, forestry and fisheries

Amendment of directions regarding measures to address, prevent and combat the spread of COVID-19 at biodiversity auctions. GN187 GG44246/5-3-2021.

  • General regulations

Extension of National State of Disaster under the COVID-19 lockdown to 15 April 2021. GN R193 GG44256/11-3-2021.

Amendment of the regulations issued in terms of s 27(2): Alert level 1 during the COVID-19 lockdown. GN R284 GG44367/30-3-2021.

  • Health

Amendment of directions regarding measures to prevent and combat the spread of COVID-19 in Health: Disposal of mortal remains. GN240 GG44297/19-3-2021.

  • Labour

COVID-19 Temporary Employee/Employer Relief Scheme (C19 TERS) Direction, 2021. GN R167 GG44222/3-3-2021.

  • Transport

Amendment of directions on measures to address, prevent and combat the spread of COVID-19 in air services. GN158 GG44208/1-3-2021.

Amendment of directions regarding measures to address, prevent and combat spread of COVID-19 in public transport services during alert level 1. GN255 GG44325/25-3-2021.

Taxi relief fund to mitigate the impact of COVID-19 in the taxi industry. GN290 GG44381/31-3-2021.

Division of Revenue Act 4 of 2020

Stopping of funds in respect of non-spending provinces and re-allocation to other provinces. GN157 GG44207/1-3-2021.

Electronic Communications Act 36 of 2005

Amendment of the Standard Terms and Conditions Regulations for Class Licences, 2010. GenN131 GG44328/25-3-2021.

Amendment of the Information and Communications Technology (ICT) COVID-19 National Disaster Regulations. GenN165 GG44374/31-3-2021.

Regulations on the use of television whitespaces, 2018. GenN164 GG44373/31-3-2021.

Sports Broadcasting Services Amendment Regulations, 2021. GenN163 GG44372/31-3-2021.

Regulations in respect of limitations of control and equity ownership by historically disadvantaged groups and the application of the ICT sector code. GenN170 GG44382/31-3-2021.

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

Regulations relating to the tariffs for the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators. GN R265 GG44394/26-3-2021.

Health Professions Act 56 of 1974

Annual fees payable by registered practitioners. BN16 GG44300/19-3-2021.

Rules relating to fees payable to the council. BN17 GG44301/19-3-2021.

Income Tax Act 58 of 1962

Determination of the daily amount in respect of meals and incidental costs for purposes of s 8(1)(a)(ii)(aa). GN173 GG44229/5-3-2021 (also available in Afrikaans, Tshivenda and isiXhosa).

Fixing of rate per kilometre in respect of motor vehicles. GN174 GG44229/5-3-2021 (also available in Afrikaans, Tshivenda and isiXhosa).

Independent Communications Authority of South Africa Act 13 of 2000

Municipal Elections Broadcasts and Political Advertisements Amendment Regulations, 2021. GenN161 GG44370-31-3-2021.

Justice and Constitutional Development Department

Establishment of Specialised Crime Courts in Limpopo, Mpumalanga, North West and Northern Cape. GenN157 GG44361/30-3-2021.

Labour Relations Act 66 of 1995

Essential Services Committee: Variation of designation of ‘essential services’. GenN122 GG44293/19-3-2021.

Medical Schemes Act 131 of 1998

Adjustment to fees payable to brokers with effect from 1 January 2021 (R 101,91 plus VAT). GN206 GG44257/12-3-2021 and GenN118 GG44278/12-3-2021.

Medicines and Related Substances Act 101 of 1965

Exclusion of sch 2, sch 3 and sch 4 from certain provisions of the Act. GN252 GG44322/25-3-2021.

Regulations relating to a transparent pricing system for medicines and scheduled substances (dispensing fee to be charged by persons licensed in terms of s 22C(1)(a)). GenN139 GG44333/26-3-2021.

Annual single exit price adjustment of medicines and scheduled substances for the year 2021. GN267 GG44398/26-3-2021.

Military Pensions Act 84 of 1976

Determination of amounts. GN R222 GG44292/19-3-2021 (also available in Afrikaans).

National Forests Act 84 of 1998

List of protected tree species. GN155 GG44204/1-3-2021.

National Nuclear Regulator Act 47 of 1999

Regulations on the long-term operation of nuclear installations. GN R266 GG44394/26-3-2021.

Occupational Diseases in Mines and Works Act 78 of 1973

Increase of pension benefits. GN R168 GG44223/2-3-2021 (also available in Afrikaans).

Increase of benefits. GN268 GG44399/26-3-2021.

Adjustment of levies paid by controlled mines and works. GN269 GG44400/26-3-2021.

Occupational Health and Safety Act 85 of 1993

Regulations for hazardous chemical agents, 2021. GN R280 GG44348/29-3-2021 and GN R283 GG44366/31-3-2021.

Perishable Products Export Control Act 9 of 1983

Levies on perishable products. GenN121 GG44293/19-3-2021.

Plant Improvement Act 53 of 1976

Amendment of the regulations relating to establishments, varieties, plants and propagating material. GN R221 GG44292/19-3-2021.

Promotion of National Unity and Reconciliation Act 34 of 1995

Regulations relating to assistance to victims in respect of higher education and training: Publication of increased amounts. GN R177 and GN R178 GG44230/5-3-2021 (also available in Afrikaans).

Public Service Act 103 of 1994

Amendment of sch 1 (substitution and assignment of designations with effect from 1 April 2021). GN172 GG44229/5-3-2021 and Proc1 GG44253/10-3-2021 (also available in Afrikaans).

Security Officers Act 92 of 1987

Amendment of regulations. GenN150 GG44350/29-3-2021.

Skills Development Act 97 of 1998

National Register of Artisans Regulations, 2020. GN235 GG44293/19-3-2021.

Social Assistance Act 13 of 2004

Increase in respect of social grants. GN R286 GG44377/31-3-2021.

South African Maritime Safety Authority Levies Act 6 of 1998

Determination of levies. GN243 GG44303/19-3-2021.

Determination of charges. GN238 GG44293/19-3-2021 and GN244 GG44304/19-3-2021.

South African Schools Act 84 of 1996

Amended national norms and standards for school funding. GN192 GG44254/10-3-2021.

South African Weather Service Act 8 of 2001

Regulations regarding fees for the provision of aviation meteorological services. GN212 GG44271/12-3-2021.

Traditional Leadership and Governance Framework Act 41 of 2003

Recognition of King Ahlangene Cyprian Sigcau as the King of AmaXhosa. GN175 GG44229/5-3-2021.

 

Draft Bills

Draft South African Postbank Soc Ltd Amendment Bill, 2021. GenN115 GG44266/12-3-2021.

 

Draft delegated legislation
  • Regulations in terms of the Geoscience Act 100 of 1993 for comment. GenN84 GG44228/4-3-2021.
  • Draft Revised National Biodiversity Framework 2019-2024 in terms of the National Environmental Management: Biodiversity Act 10 of 2004 for comment. GN171 GG44229/5-3-2021.
  • Amendment of the Civil Aviation Regulations, 2011 in terms of the Civil Aviation Act 13 of 2009 for comment. GN R182 GG44230/5-3-2021.
  • Road Accident Fund Medical Tariffs in terms of the Road Accident Fund Act 56 of 1996 for comment. GN191 GG44252/10-3-2021.
  • Draft amendment regulations regarding mandatory blending of biofuels with petrol and diesel in terms of the Petroleum Products Act 120 of 1977 for comment. GN R211 GG44265/12-3-2021.
  • Amendment to the regulations relating to the integrated rare systems in terms of the National Land Transport Act 5 of 2009 for comment. GN215 GG44274/12-3-2021.
  • Amendment of the compulsory specification for cement (VC 9085) in terms of the National Regulator for Compulsory Specifications Act 5 of 2008 for comment. GN216 GG44275/15-3-2021.
  • Proposed amendments to the Code of Professional Conduct for Registered Auditors in terms of the Auditing Profession Act 26 of 2005 for comment. BN15 GG44293/19-3-2021.
  • Amendment of the Curriculum and Assessment Policy Statement to make provision for Coding and Robotics Grades R-9 in terms of the National Education Policy Act 27 of 1996 for comment. GN230 GG44293/19-3-2021.
  • Draft amendment to the regulations and notices regarding extended producer responsibility, 2020 in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN239 GG44295/19-3-2021.
  • Amendments to the forms, rules and regulations of the Competition Commission in terms of the Competition Act 89 of 1998 for comment. GN247 GG44309/23-3-2021 and GN249 GG44319/25-3-2021.
  • Proposed regulations of non-binding advisory opinions in terms of the Competition Act 89 of 1998 for comment. GN248 GG44310/23-3-2021.
  • Regulations relating to assisted conception of persons in terms of the National Health Act 61 of 2003 for comment. GN251 GG44321/25-3-2021.
  • Draft regulations under the Rental Housing Act 50 of 1999 for comment. GN262 GG44333/26-3-2021.
  • Draft national norms and standards for the treatment of organic waste in terms of the National Environmental Management: Waste Act 59 of 2008 for comment. GN275 GG44340/29-3-2021.
  • Draft Equipment Authorisation Regulations in terms of the Electronic Communications Act 36 of 2005. GenN162 GG44371/31-3-2021.

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 (May) DR 37.

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