Legislation published from 4 August – 2 September 2022

By Shanay Sewbalas and Johara Ally

Acts

Border Management Authority Act 2 of 2020

Commencement of the Act. Commencement of ss 1 – 6, 13 – 23 and 28 – 41. Proc 86 GG46723/15-8-2022.

Child Justice Amendment Act 28 of 2019

Commencement of the Act. Amendment of ss 1, 4, 5, 7, 9, 34, 35, 40, 41, 43, 49, 52, 58, 67, 71, 96, Table of Contents and substitution for the expression ‘appropriate adult’, wherever it occurs, of the expression ‘appropriate person’, substitution of ss 8, 10 – 12, 27 and 92 of the Child Justice Act 75 of 2008. Proc R2400 GG46752/19-8-2022.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Amendment of sch 4 of the Act. GenN1264 GG46847/2-9-2022.

Criminal and Related Matters Amendment Act 12 of 2021

Commencement: 5 August 2022 of the Criminal and Related Matters Amendment Act, 2021. Amendment of ss 59, 59A, 60, 158, 161, 170A, 299A, 316B, sch 1, part II of sch 2, sch 7 and 8 and substitution of s 68 of the Criminal Procedure Act 51 of 1977. Insertion of 51A, 51B and 51C of the Magistrates’ Courts Act 32 of 1944. Amendment of part I, II and III of sch 2 of the Criminal Law Amendment Act 105 of 1977. Insertion of ss 37A, 37B and 37C of the Superior Courts Act 10 of 2013. Proc R75 GG47198/4-8-2022.

Customs and Excise Act 91 of 1964

Amendment of sch 1 part 1. GN R2384 GG46736/19-8-2022 and GN R2435 GG46839/2-9-2022.

Amendment of sch 1 part 1, part 2A, part 7A and sch 6 part 1A. GN R2354, GN R2355 and GN R2357 GG47199/5-8-2022.

Foreign Service Act 26 of 2019

Commencement of s 4(3). Date of commencement: 25 August 2022. Proc87 GG46760/24-8-2022.

Local Government: Municipal Systems Amendment Act 3 of 2022

Commencement of the Act. Pending amendment of ss 1, 57, 66, 67, 72, 106, 120, sch 1, pending substitution of ss 54A, 56, 57A, 71, pending insertion of s 71B. GenN1233 GG46740/17-8-2022.

Medicines and Related Substances Act 101 of 1965

Amendment of sch 2. GN R2412 GG46789/26-8-2022.

Bills and White Papers

Deeds Registries Amendment Bill, 2022

Deeds Registries Amendment Bill. GenN1241 GG46788/25-8-2022.

Drugs and Drug Trafficking Act 140 of 1992

Publication of explanatory summary of the Drugs and Drug Trafficking Amendment Bill, 2022. GenN1196 GG47193/4-8-2022.

Extradition Bill, 2022

For comment. GenN1239 GG46758/23-8-2022.

Financial Matters Amendment Bill

Publication of explanatory summary. GN2377 GG46705/12-8-2022.

General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill

Publication of explanatory summary. GN2393 GG46744/18-8-2022.

Municipal Fiscal Powers and Functions Amendments Bill, 2020

General Notice Explanatory Memo August 2022. GN2389 GG46739/19-8-2022.

Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2022

Notice of Intention to Introduce a Private Members Bill and Invitation for comment on the Draft Bill. GenN1267 GG46847/2-9-2022.

Remote Gambling Bill, 2022

Notice of intention to introduce a private member’s Bill and invitation for comment on the Draft Bill. GenN1268 GG46847/2-9-2022.

Unlawful Entry on Premises Bill, 2022

Invitation for comment. GenN1219 GG46705/12-8-2022.

Government, General and Board Notices

Agricultural Products Standards Act 119 of 1990

Food Safety Agency (Pty) Ltd: Inspection fees increase for 2022/2023 for processed meat products. GenN1220 GG46705/12-8-2022.

Air Service Licensing Act 115 of 1990

Application for the grant or amendment of Domestic Air Service Licence. GenN1254 GG46798/26-8-2022.

Auditing Profession Act 26 of 2005

Registration of registered auditors and registered candidate auditors. BN315 GG46705/12-8-2022.

Child Justice Act 75 of 2008

Revised National Instruction published for general information. GN2429 GG46836/30-8-2022.

Collective Investment Schemes Control Act 45 of 2002

Suspension of certain provisions of the CoreShares Index Tracker Collective Investments Scheme Deed. GenN1261 GG46844/2-9-2022.

Companies Act 71 of 2008

Notice of introduction of Online Filing of Location of Company Records. GN2390 GG46739/19-8-2022.

Companies and Intellectual Property Commission

Notice of introduction of Online Assurance of Foreign Nationals by the Companies and Intellectual Property Commission. GN2427 GG46798/26-8-2022.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Increase in monthly pensions. GenN1264 GG46847/2-9-2022.

Criminal Procedure Act 51 of 1977

Declaration of peace officers in terms of s 334: Transnet. GN2346 GG47197/5-8-2022.

Determination of persons or category or class of persons who are competent to be appointed as intermediaries. GN R2418 GG46795/26-8-2022.

Electronic Communications Act 36 of 2005

Application for the amendment of an Individual Commercial Sound Broadcasting Service (I-CSBS) Licence by Primedia Holdings (Pty) Ltd in respect of 567 Cape Talk t/a Cape Talk and 94.7 Highveld Stereo, in terms of s 10 of the Act. GenN1265 GG46847/2-9-2022 and GenN1226 GG46739/19-8-2022.

Applications for the Transfer of Ownership of Individual Electronic Communications Service and Individual Electronic Communications Network Service Licences from Q-KON South Africa (Pty) Ltd to Q-KON Service Provider (Pty) Ltd. GenN1216 GG46702/11-8-2022.

Notice for amendment I-CSBS and radio frequency spectrum for Smile 90.4 FM. GenN1218 GG46705/12-8-2022.

Notice of the oral public hearings to be held in respect of the Draft Amendment Regulations regarding Standard Terms and Conditions for Individual Licences, under ch 3 of the Act. GenN1238 GG46757/23-8-2022.

Notice of transfer for Zomerlust. GenN1243 GG46791/26-8-2022.

Employment Services Act 4 of 2014

Notice of the Productivity SA Annual General Meeting: Date 16 September 2022. GenN1251 and GenN1252 GG46798/26-8-2022.

General and Further Education and Training Quality Assurance Act 58 of 2001

Publication of names of persons to serve as members on the Sixth Umalusi Council period 8 June 2022 until 7 June 2026. GN2337 GG47185/3-8-2022.

Higher Education Act 101 of 1997

Institutional Statute: Sefako Makgatho Health Sciences University. GN2373 GG46705/12-8-2022.

Higher Education Act 101 of 1997

Publication of a notice of intent to cancel the registration of City Varsity (Pty) Ltd, Damelin (Pty) Ltd, ICESA City Campus (Pty) Ltd and Lyceum College (Pty) Ltd as a private Higher Education Institution. GN2387 GG46739/19-8-2022.

Immigration Act 13 of 2002

Opening of all ports of entry. GN2380 GG46710/15-8-2022.

International Trade Administration Act 71 of 2002

Notice of conclusion of an investigation into alleged dumping of frozen bone-in portions of fowls originating/imported from Brazil, Denmark, Ireland, Poland and Spain. GenN1179 GG47156/1-8-2022 and GenN1209 GG47201/5-8-2022.

Interpretation Act 33 of 1957

Section 15 of the Act: Standard for the publication of the Master List of Education Institutions in the Post-School Sector, 2022. GenN1217 GG46705/12-8-2022.

Justices of the Peace and Commissioners of Oaths Act 16 of 1963

Amendment notice under s 6 of the Act. GN2376 GG46705/12-8-2022.

Labour Relations Act 66 of 1995

Motor Industry Bargaining Council: Extension of period of operation of the Motor Industry Provident Fund Collective Agreement to non-parties. Extension of period of operation to non-parties of the Autoworkers Provident Fund Collective Agreement. Extension of period of operation to non-parties of the Motor Industry Administrative Fund Collective Agreement. GN R2405, GN R2406 and GN R2407 GG46761/24-8-2022.

Labour Relations Act 66 of 1995

Registration of a trade union: National Union of Call Centres of South Africa. GN2333 GG47179/2-8-2022.

Notice of intention to cancel the registration of an employers’ organisation. GNR2352 GG47199/5-8-2022.

Medicines and Related Substances Act 101 of 1965

Notification of registration of medicines in terms of s 17. GN R2382 GG46736/19-8-2022.

Merchandise Marks Act 17 of 1941

Prohibition on the use of certain words and emblems associated with the 2022 Rugby World Cup 7’s to be hosted in South Africa (SA). GenN1235 GG46753/19-8-2022.

Declaration of the 2022 Rugby World Cup 7’s as a protected event. GenN1236 GG46754/19-8-2022.

National Education Policy Act 27 of 1996

2024 School Calendar for Public Schools. GN2339 GG47192/4-8-2022.

National Environmental Management Act 107 of 1998

Establishment of the National Environmental Consultative and Advisory Forum. GN2394 GG46746/18-8-2022.

Environmental Impact Management Services (Pty) Ltd: Notification regarding the process for the Environmental Authorisation application for the proposed Searcher Seismic Survey Basic Assessment Project. GenN1231 GG46739/19-8-2022.

National Water Act 36 of 1998

Mzimvubu-Tsitsikamma Water Management Area (WMA7) in the Eastern Cape Province: Limiting the use of water in terms of s 6 of sch 3: For urban, agricultural, and industrial (including mining) purposes. GN2458 GG46847/2-9-2022.

Reserve determination for water resources of the Breede-Gouritz Water Management Area. GN2428 GG46798/26-8-2022.

Public Finance Management Act 1 of 1999

Announcement or call of interest for potential beneficiaries of the demonstration pilot projects on the use of non-ozone depleting substances, low-global warming potential technologies different applications in the refrigeration and air-conditioning sector. GN2417 GG46793/26-8-2022.

Social Service Professions Act 110 of 1978

Notice in terms of s 5(7) members to serve on the fifth South African Council for Social Service Professions, fifth Professional Board for Social Work and fourth Professional Board for Child and Youth Care Work. BN316 GG46705/12-8-2022.

South African Geographical Names Council Act 118 of 1998

Publication of Official Geographical Names. GN2416 GG46792/26-8-2022.

Publication of Official Geographical Names: Nelson Mandela Freedom Road (change of name from Main Road 201 (R301)). GN2385 GG46737/17-8-2022.

Spatial Planning and Land Use Management Act 16 of 2013

Swartland Municipality (Western Cape). GenN1253 GG46798/26-8-2022.

Special Investigating Units and Special Tribunals Act 74 of 1996

Referral of matters to existing Special Investigating Unit (SIU). Proc R88 GG46789/26-8-2022.

Referral of matters to existing SIU. Proc 82 GG47197/5-8-2022.

Referral of matters to existing SIU and Special Tribunal and SIU: University of Fort Hare. Proc R83 and Proc R84 GG47199/5-8-2022.

Referral of matters to existing SIU: Mogale City Local Municipality. Proc R85 GG46700/12-8-2022.

Superior Court Act 10 of 2013

Rationalisation of areas of jurisdiction and judicial establishments of the divisions of the High Court of SA. GN2392 GG46743/18-8-2022.

Determination of persons or category or class of persons who are competent to be appointed as intermediaries. GN R2419 GG46796/26-8-2022.

Certificate of competency to be appointed as an intermediary in the schedule. GN R2420 GG46797/26-8-2022.

The South African National Roads Agency Limited and National Roads Act 7 of 1998

Declaration of existing Provincial Road – R61 as National Road R61 Section 8. GN2358 GG47200/5-8-2022.

Use of Official Languages Act 12 of 2012

Notice of exemption of the South African Weather Service from establishing a language unit in terms of s 12(1) of the Act, and r 9 of the Use of Official Languages Regulations, 2013, published as GN R150 GG37398/28-2-2014. GN2378 GG46705/12-8-2022.

Rules, regulations, fees and amounts

Agricultural Product Standards Act 119 of 1990

Regulations regarding the classification, packing and marking of certain raw processed meat products intended for sale in SA. GN R2410 GG46789/26-8-2022.

Animal Diseases Act 35 of 1984

Control measures relating to foot and mouth disease. GN2391 GG46741/18-8-2022.

Audit Profession Act 26 of 2005

The Independent Regulatory Board for Auditors assurance fees. BN317 GG46724/16-8-2022.

Child Justice Act 75 of 2008

Amendments to regulations. GN R2399 GG46751/19-8-2022.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

Amendment: Criminal Law (Sexual Offences and Related Matters), Regulations. GN R2383 GG46736/19-8-2022.

Currency and Exchanges Act 9 of 1933

Notice and order of forfeiture: SLS Marketing and Branding (Pty) Ltd, registration number 2012/165097/07. GenN1221 GG46707/12-8-2022.

Customs and Excise Act 91 of 1964

Amendment of rules (DAR 237). GN R2415 GG46789/26-8-2022.

Dental Technicians Act 19 of 1979

Regulations: Unmounted Artificial Teeth: Amendment. GN2425 GG46798/26-8-2022.

Division of Revenue Act 5 of 2022

Publication of allocations. GN2430 GG46837/31-8-2022.

Films and Publications Act 65 of 1996

Films and Publications Amendment Regulations, 2022. GN R2432 GG46839/2-9-2022.

Section 12 of the Act: Films and Publications Amendment Regulations, 2022. GN R2436 GG46843/2-9-2022.

Financial Markets Act 19 of 2012

Approved rules of JSE Clear (Pty) Ltd – Licenced Central Counterparty (CCP). BN321 GG46840/1-9-2022.

Financial Sector Regulation Act 9 of 2017

Levies on Financial Institutions. GenN1258 GG46834/29-8-2022.

Foreign Service Act 26 of 2019

Foreign Service Regulations, 2022. Proc87 GG46760/24-8-2022.

Immigration Act 13 of 2002

Critical skills list. GN2329 GG47152/1-8-2022 and GN2334 GG47182/2-8-2022.

Labour Relations Act 66 of 1995

Code of Good Practice: Protest Action to Promote or Defend Socio-Economic Interests of Workers. GN R2433 GG46839/2-9-2022.

Legal Practice Act 28 of 2014

Amendments to rules 2, 3, 4, and 5 and Clause 9.9 of the Code of Conduct. GenN1229 and GenN1230 GG46739/19-8-2022.

Medicines and Related Substances Act 101 of 1965

Dispensing fee to be charged by persons licensed in terms of s 22C(1)(a). GN2343 GG47197/5-8-2022.

National Environmental Management: Biodiversity Act 10 of 2004

Publication of the revised National Biodiversity Framework 2019 – 2024 for implementation. GN2423 GG46798/26-8-2022 and GN2386 GG46739/19-8-2022.

Occupational Diseases in Mines and Works Act 78 of 1973

Increase of pension benefits. GN2344 GG47197/5-8-2022.

Occupational Health and Safety Act 85 of 1993

National Code of Practice for Electrical Machinery in Hazardous Locations: Regulatory requirements for explosion-protected apparatus. GN2398 GG46750/19-8-2022.

Petroleum Products Act 120 of 1977

Regulations in respect of the single maximum national retail price for illuminating paraffin, liquefied petroleum gas and petroleum products. GN R2330 – GN R2332 GG47178/2-8-2022.

Pharmacy Act 53 of 1974

Pharmacists providing Family Planning Services (Reproductive Health Services). BN314 GG47197/5-8-2022.

The South African Pharmacy Council: Standard for Tutor Training Programmes. BN318 GG46739/19-8-2022.

Plant Breeder’s Rights Act 15 of 1976

Regulations: Plant Breeder’s Rights: Amendment. GN2440 GG46847/2-9-2022.

Plant Improvement Act 53 of 1976

Regulations relating to establishment, varieties, plants and propagating material: Amendment of table 8. GN R2411 GG46789/26-8-2022.

Prescribed Rate of Interest Act 55 of 1975

Prescribed rate of interest: GN R1067 of 2020 is hereby withdrawn. GN2345 GG47197/5-8-2022.

Section 1 of the prescribed rate of interest. GN2378 GG46739/19-8-2022.

Public Finance Management Act 1 of 1999

Statement of the National Government Revenue and Expenditure as at 31 July 2022 issued by the Director-General of the National Treasury. GenN1242 GG46790/30-8-2022.

Rate of interest on government loans. GenN1266 GG46847/2-9-2022.

Road Accident Fund Act 56 of 1996

Road Accident Fund Medical Tariff. GN R2395 GG46747/19-8-2022.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of SA. GN R2434 GG46839/2-9-2022.

Amendment of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court and the Magistrates’ Courts. GN R2413 – GN R2414 GG46789/26-8-2022.

Social Assistance Act 13 of 2004

Amendment of regulations relating to COVID-19 Social Relief of Distress issued in terms of s 32, read with s 13 of the Act. GNR2381 GG46726/16-8-2022.

South African Schools Act 84 of 1996

Amended National Norms and Standards for School Funding. GN2409 GG46786/25-8-2022.

Amendment to the regulations pertaining to the National Curriculum Statement Grades R – 12 to Recognise South African Sign Language as a Home Language for Promotional Purposes. GN2455 GG46847/2-9-2022.

Legislation for comment

Allied Health Professions Act 63 of 1982

Regulations relating to the profession of Unani-Tibb. GN2424 GG46798/26-8-2022.

Regulations relating to fines, which may be imposed by an inquiring body against practitioners found guilty of unprofessional conduct in terms of the Act or for non-compliance with any continuing professional development requirements. GN2426 GG46798/26-8-2022.

Broad-Based Black Economic Empowerment Act 53 of 2003

Erratum Notice: Draft Legal Sector Code: Codes of Good Practice on Broad-Based Black Economic Empowerment. GN1197 GG47194/4-8-2022.

Competition Act 89 of 1998

Invitation for the comment on the Draft Block Exemption Regulations for Small, Micro and Medium-Sized Businesses, 2022. GN R2431 GG46838/31-8-2022.

Electricity Regulation Act 4 of 2006

Licensing exemption and registration notice for public comment. GN2437 GG46845/2-9-2022 and GenN2459 GG46850/2-9-2022.

Higher Education Act 101 of 1997

Draft policy for the recognition of South African Higher Education Institutional Types. GN2359 GG47205/8-8-2022.

Independent Communications Authority of South Africa Act 13 of 2000

Memorandum communicates the Authority’s intentions to initiate the second phase of the licensing process and to make available radio frequency spectrum to prospective licensees to provide mobile broadband wireless access services in the low and mid-radio frequency bands. GenN1225 GG46738/17-8-2022.

International Trade Administration Act 71 of 2002

Amendments to the Automotive Production and Development Programme Phase 2. GN2336 GG47184/3-8-2022.

Draft notice for public comment on exportation of ferrous and non-ferrous metals. GN1202 GG47197/5-8-2022.

Draft notice for public comment on import and export control. GenN1204 and GenN1203 GG47197/5-8-2022.

Invitation for public comments: Draft Policy proposals on measures to restrict trade in ferrous and non-ferrous metals. GenN1205 GG47197/5-8-2022. Invitation for public comment: Draft Policy proposals on measures to restrict trade in ferrous and non-ferrous metals. GenN1210 GG47202/5-8-2022.

Draft notice for public comment on exportation of ferrous and non-ferrous metals. GenN1211 GG47202/5-8-2022.

Draft notice for public comment on export control. GenN1212 GG47202/5-8-2022.

Draft notice for public comment on import control. GenN1213 GG47202/5-8-2022.

International Trade Administration Commission of South Africa

Request for comments from interested parties on import and export control guidelines on the exportation of semi-
finished metal products and importation of certain metal processing machinery and mechanical appliances, including furnaces, granulators, guillotines and shredders. GN1262 and GN1263 GG46846/2-9-2022.

Labour Relations Act 66 of 1995

Cancellation of registration of a trade union: South African Private Security Workers Union. GN2365 GG46705/12-8-2022.

Invitation to make representations: Dispute Resolution Collective Agreement of the Metal and Engineering Industries Bargaining Council. GN R2401 – GN R2404 GG46759/23-8-2022.

Notice of cancellation of registration of trade union. GN2422 GG46798/26-8-2022.

Legal Practice Council Act 28 of 2014

Proposed amendment to r 45.2 and r 17.2.14. GenN1227 and GenN1228 GG46739/19-8-2022.

Medicines and Related Substances Act 101 of 1965

Annual Single Exit Price adjustment of medicines and scheduled substances for the year 2023. GN2342 GG47197/5-8-2022.

National Archives and Records Service of South Africa Act 43 of 1996

Addendum: Call for nomination of candidate to serve on the National Archives Advisory Council, Pretoria 2023-2025. GN2408 GG46785/25-8-2022.

Call for nomination of candidates to serve on the National Archives Advisory Council, Pretoria 2023 – 2025. GN 2360 GG47206/8-8-2022.

National Education Policy Act 27 of 1996

Proposed 2025 School Calendar for comment. GN2338 GG47191/4-8-2022.

National Environment Management: Biodiversity Act 10 of 2004

Proposed public meeting and comments on the proposed extension of False Bay white shark cage diving operating area – inshore area near Strandfontein Beach, Western Cape. GN2456 GG46847/2-9-2022.

National Environmental Management: Air Quality Act 39 of 2004

Consultation on Proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans. GN R2353 GG47199/5-8-2022.

National Environmental Management: Protected Areas Act 57 of 2003

Consultation on the intention to declare certain properties situated in the Western Cape Province to be part of the existing Agulhas National Park, Karoo National Park and Table Mountain National Park. GN2366, GN2370 and GN2372 GG46705/12-8-2022.

Consultation on the intention to declare land situated in the Northern Cape Province specified in the notice as part of the existing Augrabies National Park and Mokala National Park. GN2367 and GN2371 GG46705/12-8-2022.

Consultation on the intention to declare land situated in the Eastern Cape Province as part of the existing Camdeboo National Park. GN2368 GG46705/12-8-2022.

Consultation on the intention to withdraw the National Park Status of Groenkloof National Park in terms of the Act. GN2369 GG46705/12-8-2022.

Appointment of the Ministerial Task Team to identify and recommend voluntary exit options and pathways from the Captive Lion Industry. GN2379 GG46706/12-8-2022.

National Water Act 36 of 1998

Revision of the National Pricing Strategy for Water Use Charges of s 56(1). GN2350 GG47197/5-8-2022.

Pan South African Language Board Act 59 of 1995

As amended by Act 10 of 1999: Correction notice: Call for comments. BN320 GG46798/26-8-2022.

Plant Breeders’ Rights Act 15 of 1976

Receipts of applications for Plant Breeders’ Rights. GN2446 GG46847/2-9-2022.

Standards Act 8 of 2008

Standards Matters. GenN1269 GG46847/2-9-2022.

Traditional and Khoi-San Leadership Act 3 of 2019

Regulations in terms of s 21(2)(a) and (b) of the Act: Constitution and Reconstitution of Traditional Councils. GN R2351 GG47199/5-8-2022.

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

This article was first published in De Rebus in 2022 (Oct) DR 31.