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December 2015

 
 JUTA'S WEEKLY E-MAIL SERVICE 
 

(Bulletin 51 of 2015, based on Gazettes received during the week dated 11 to 18 December 2015)

ISSN 1022 - 6397

 
 ACTS

AGRÉMENT SOUTH AFRICA ACT 11 OF 2015 (GG 39511 of 15 December 2015)[1]

Date of commencement: to be proclaimed

DISASTER MANAGEMENT AMENDMENT ACT 16 OF 2015 (GG 39520 of 15 December 2015)[2]

Date of commencement: to be proclaimed

Amends ss. 1, 5, 10, 13, 15, 22, 23, 24, 25, 37, 38, 39, 43, 51, 52, 53 & 59; substitutes the long title, ss. 8 & 11 and the heading to Part 3 of Chapter 5; and inserts ss. 31A & 45A in the Disaster Management Act 57 of 2002

DEFENCE LAWS REPEAL AND AMENDMENT ACT 17 OF 2015 (GG 39521 of 15 December 2015)[3]

Date of commencement: to be proclaimed

Amends s. 7 of the Castle Management Act 207 of 1993 and repeals the Defence Endowment Property and Account Amendment Act 17 of 1929, the Defence Amendment Act 43 of 1954, the Moratorium Amendment Act 4 of 1969, the Civil Defence Amendment Act 5 of 1969, the Defence Amendment Act 26 of 1973, the Defence Amendment Act 1 of 1976, the Moratorium Amendment Act 27 of 1977, the Moratorium Amendment Act 48 of 1978, the Defence Special Account Amendment Act 17 of 1981, the Defence Special Account Amendment Act 71 of 1995, the Demobilisation Act 99 of 1996, the Defence Special Tribunal Act 81 of 1998, the Demobilisation Amendment Act 128 of 1998, the Demobilisation Amendment Act 43 of 2001, the Termination of Integration Intake Act 44 of 2001 and the Armaments Corporation of South Africa, Limited Amendment Act 16 of 2005

CRIMINAL MATTERS AMENDMENT ACT 18 OF 2015 (GG 39522 of 15 December 2015)[4]

Date of commencement: to be proclaimed

Amends Schedule 5 to the Criminal Procedure Act 51 of 1977; amends s. 51 and Parts II & IV of Schedule 2 and adds Part V to Schedule 2 to the Criminal Law Amendment Act 105 of 1997; and amends Schedule 1 to the Prevention of Organised Crime Act 121 of 1998

FINANCE ACT 19 OF 2015 (GG 39512 of 15 December 2015)[5]

Date of commencement: 15 December 2015

NEW DEVELOPMENT BANK SPECIAL APPROPRIATION ACT 20 OF 2015 (GG 39513 of 15 December 2015)[6]

Date of commencement: 15 December 2015

PROTECTION OF INVESTMENT ACT 22 OF 2015 (GG 39514 of 15 December 2015)[7]

Date of commencement: to be proclaimed

 

[1] Molao wa Tumellano Afrika Borwa 11 ya 2015

[2] Wysigingswet op Rampbestuur 16 van 2015

[3] Wet op Herroeping en Wysiging van Verdedigingswette 17 van 2015

[4] Wysigingswet op Strafregtelike Aangeleenthede 18 van 2015

[5] Molao wa Ditšhelete 19 ya 2015

[6] Molao wa Kabo e Ikgethileng ya Banka e Ntjha ya Ntshetsopele 20 ya 2015

[7] Wet op Beskerming van Beleggings 22 van 2015

 PROCLAMATIONS AND NOTICES

Accounting Standards Board (ASB):

Notice of publication for comment of Exposure Drafts on Identifying Projects to Prioritise on the ASB's Work Programme for 1 April 2017 to 31 March 2020 (ED 138), Proposed Interpretation of the Standards of GRAP on Recognition and Derecognition of Land (ED 139) and Proposed Guideline on Accounting for Arrangements Undertaken in Terms of the National Housing Programme (ED 140) published (BN 271 in GG 39531 of 18 December 2015) (p127)

Statistics South Africa:

Consumer Price Index, Rate (Base Dec 2012 = 100): November 2015: 4,8 published (GenN 1219 in GG 39531 of 18 December 2015) (p83)

MAGISTRATES' COURTS ACT 32 OF 1944

Notices relating to the creation of magisterial districts and the establishing of courts in the Limpopo and Mpumalanga Provinces (GN 268 in GG 38625 of 30 March 2015, GN 266 in GG 38623 of 30 March 2015 and GN 267 in GG 38624 of 30 March 2015) withdrawn with effect from 1 December 2015 (GN 1261 in GG 39537 of 18 December 2015) (p4)

INCOME TAX ACT 58 OF 1962

Regulations in terms of paragraph 12D (5) (b) of Seventh Schedule to the Income Tax Act, 1962, on the information to be contained in contribution certificates published with effect from 1 March 2016 (GN 1262 in GG 39538 of 18 December 2015) (p4)

CUSTOMS AND EXCISE ACT 91 OF 1964

Schedule 1 amended (GN R1249 in GG 39527 of 18 December 2015) (p8), (GN R1244 in GG 39524 of 18 December 2015) (p9) & (GN R1265 in GG 39539 of 18 December 2015) (p4)

Schedule 1 amendment in GN R1220 in GG 39502 of 11 December 2015 corrected (GN R1250 in GG 39527 of 18 December 2015) (p10)

Schedule 2 amended (GN R1246 in GG 39526 of 18 December 2015) (p4) & (GN R1248 in GG 39527 of 18 December 2015) (p6)

Schedule 3 amended (GN R1247 in GG 39527 of 18 December 2015) (p4)

Schedule 4 amended (GN R1245 in GG 39525 of 18 December 2015) (p4)

PHARMACY ACT 53 OF 1974

Proposed amendments to application fees for a licence for pharmacy premises published for comment (GN 1232 in GG 39509 of 15 December 2015) (p4)

ALLIED HEALTH PROFESSIONS ACT 63 OF 1982

Allied Health Professions Council of South Africa (AHPCSA): Code of ethics including guidelines for good practice and guidelines for making professional services known published (BN 268 in GG 39531 of 18 December 2015) (p88)

BANKS ACT 94 OF 1990

Change of name of a foreign institution with a representative office within the Republic of South Africa: Royal Bank of Canada (Suisse) SA changed to Banque SYZ Suisse SA published with effect from 9 October 2015 (GenN 1217 in GG 39531 of 18 December 2015) (p81)

LABOUR RELATIONS ACT 66 OF 1995

Motor Industry Bargaining Council (MIBCO): Application for extension to non-parties of period of operation of Administrative Collective Agreement published for comment (GN R1243 in GG 39524 of 18 December 2015) (p7)

NATIONAL HERITAGE RESOURCES ACT 25 OF 1999

South African Heritage Resources Agency (SAHRA): Regulations published in terms of s. 32 (GN 1258 in GG 39533 of 18 December 2015) (p4)

PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

Department of Water and Sanitation: Section 14 manual published (GG 39510 of 15 December 2015) (p3)

Section 51 manuals published:

  • Board of Airline Representatives of South Africa (GG 39528 of 18 December 2015) (p3)
  • Du Preez Attorneys (GG 39529 of 18 December 2015) (p3)
  • Couzyns Incorporated (GG 39530 of 17 December 2015) (p3)
  • Van Rensburg Kruger Rakwena Attorneys (GenN 1211 in GG 39531 of 18 December 2015) (p49)

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA ACT 13 OF 2000 & ELECTRONIC COMMUNICATIONS ACT 36 OF 2005

Independent Communications Authority of South Africa (ICASA): Draft ICASA code of conduct for premium rated services published for comment (GN 1237 in GG 39515 of 15 December 2015) (p4) & (GN 1260 in GG 39536 of 17 December 2015) (p4)

MEAT SAFETY ACT 40 OF 2000

Draft meat inspection scheme published for comment (GN 1238 in GG 39519 of 15 December 2015) (p4)

LANDSCAPE ARCHITECTURAL PROFESSION ACT 45 OF 2000

South African Council for the Landscape Architectural Profession (SACLAP):

Notice of determination of criteria and processes for the establishment of New Registration (Specified) Categories published for comment (BN 269 in GG 39531 of 18 December 2015) (p125)

Notice of determination of Education Policy published for comment (BN 270 in GG 39531 of 18 December 2015) (p126)

DEFENCE ACT 42 OF 2002

Notice of employment of the South African National Defence Force in co-operation with the South African Police Services during the 2nd Summit of the Forum on China-Africa Cooperation over the period 30 November to 7 December 2015, in and around Gauteng published (GenN 1210 in GG 39531 of 18 December 2015) (p48)

AUDITING PROFESSION ACT 26 OF 2005

Independent Regulatory Board for Auditors (IRBA): Notice of adoption of international quality control, auditing, review, other assurance and related services pronouncements published (BN 272 in GG 39531 of 18 December 2015) (p130)

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT ACT 3 OF 2006

Extension of the closing date for comment on the Discussion Paper on the Framework for Dynamic and Opportunistic Spectrum Management 2015 published in GenN 1001 in GG 39302 of 19 October 2015 published (GenN 1221 in GG 39534 of 17 December 2015) (p4)

ASTRONOMY GEOGRAPHIC ADVANTAGE ACT 21 OF 2007

Notice of workshops to be held to provide members of communities within the Karoo Central Astronomy Advantage Areas with special assistance in order to make informed written representations on the draft Karoo Central Astronomy Advantage Areas Spectrum Regulations, 2015 published for comment in GN 1166 in GG 39442 of 23 November 2015 published (GenN 1264 in GG 39531 of 18 December 2015) (p86)

TAX ADMINISTRATION ACT 28 OF 2011

Threshold amount of tax in dispute for purposes of the hearing of an appeal by the tax board determined in respect of any appeal noted on or after January 2016 (GenN 1196 in GG 39490 of 17 December 2015) (p4)

FINANCIAL MARKETS ACT 19 OF 2012

Notice of approval of amendments to the STRATE Rules published with effect from 18 December 2015 (BN 273 in GG 39531 of 18 December 2015) (p132)

Notice of approval of amendments to the JSE Listings Requirements published with effect from 18 January 2016 (BN 274 in GG 39531 of 18 December 2015) (p132)

Notice of approval of amendments to the JSE Equities Rules published with effect from 18 December 2015 (BN 275 in GG 39531 of 18 December 2015) (p133)

ELECTRONIC COMMUNICATIONS AMENDMENT ACT 1 OF 2014

Explanatory document regarding the draft ICASA code of conduct for premium rated services published (GN 1259 in GG 39535 of 17 December 2015) (p4)[1]

 

[1] See also GN 1237 in GG 39515 of 15 December 2015 (p4) and GN 1260 in GG 39536 of 17 December 2015 (p4)

 BILLS
 

Judicial Matters Amendment Bill, 2015 [B2B-2015]

 PROVINCIAL LEGISLATION

EASTERN CAPE

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Variation and confirmation of delimitation of municipal wards: Tsolwana/Inkwanca/Lukanji Local Municipality (EC139); Nkonkobe/Nxuba Local Municipality (EC129); and Ikwezi/Baviaans/Camdeboo Local Municipality (EC101) published (PNs 193, 195 & 199 in PGs 3567, 3569 & 3572 of 14 December 2015) (p4)

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Confirmation of delimitation of municipal ward: Maletswai/Gariep Local Municipality (EC145) published (PN 194 in PG 3568 of 14 December 2015) (p4)

Mnquma Local Municipality: Approved tariff increase for the 2015/2016 financial year published (LAN 31 in PG 3571 of 14 December 2015) (p9)

Constitution of the Republic of South Africa, 1996; Local Government: Municipal Systems Act 32 of 2000 and Local Government: Municipal Finance Management Act 56 of 2003: Lukhanji Municipality: Credit Control and Debt Management By-law published with effect from the date of approval by the Council (GenN 195 in PG 3573 of 15 December 2015) (p4)

Local Government: Municipal Systems Act 32 of 2000 and Local Government: Municipal Finance Management Act 56 of 2003: Lukhanji Municipality: Write Off By-law published with effect from the date of approval by the Council (GenN 196 in PG 3573 of 15 December 2015) (p36)

Local Government: Municipal Systems Act 32 of 2000 and Local Government: Municipal Property Rates Act 6 of 2004: Lukhanji Municipality: Rates By-law published with effect from 1 July 2015 (GenN 197 in PG 3573 of 15 December 2015) (p43)

Constitution of the Republic of South Africa, 1996; Local Government: Municipal Structures Act 117 of 1998; Local Government: Municipal Systems Act 32 of 2000 and Local Government: Municipal Finance Management Act 56 of 2003: Matatiele Local Municipality: Standing Rules and Orders published (PN 200 in PG 3574 of 18 December 2015) (p4)

GAUTENG

Rationalisation of Local Government Affairs Act 10 of 1998 and Local Government: Municipal Systems Act 32 of 2000: Ekurhuleni Metropolitan Municipality: Notice of proposed Petitions By-law published for comment (LAN 2172 in PG 552 of 16 December 2015) (p27)

KWAZULU-NATAL

KwaZulu-Natal Second Adjustments Appropriation Act 1 of 2015 [1]
(PG 1570 of 15 December 2015) (p68)

Date of commencement: 15 December 2015

KwaZulu-Natal Unauthorised Expenditure Authorisation Act 2 of 2015 [2]
(PG 1570 of 15 December 2015) (p62)

Date of commencement: 15 December 2015

KwaZulu-Natal Appropriation Act 3 of 2015 [3] (PG 1570 of 15 December 2015) (p4)
Date of commencement: 15 December 2015

KwaZulu-Natal Commissions Amendment Act 4 of 2015 [4] (PG 1570 of 15 December 2015) (p44)
Date of commencement: 15 December 2015

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000: Newcastle Municipality: Notice of proposed amendments to the Water Services By-law published for comment (MN 220 in PG 1571 of 17 December 2015) (p4)

LIMPOPO

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Variation and confirmation of delimitation of municipal ward: New Local Municipality (LIM345) published (PN 110 in PG 2654 of 14 December 2015) (p4)

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Variation and confirmation of delimitation of municipal wards: Withdrawal and correction notice: Blouberg Local Municipality (LIM351); Molemole Local Municipality (LIM 353); Polokwane Local Municipality (LIM 354); Modimolle/Mookgopong Local Municipality (LIM368); and Greater Tubatse/Fetakgomo Local Municipality (LIM476) as published under PN 6 in PG 2650 of 4 December 2015 published (PN 111 in PG 2655 of 14 December 2015) (pp 5, 12, 26, 33 & 49)

MPUMALANGA

South African Schools Act 84 of 1996: Notice of intention to close Hamelfontein; Bosmanspan; Ongesiens; Poolze and Imbabala public schools published for comment (PN 99 in PG 2625 of 15 December 2015) (p4)

Local Government: Municipal Property Rates Act 6 of 2004: Chief Albert Luthuli Municipality: Municipal Property Rates By-law published with effect from 1 July 2015 (LAN 167 in PG 2627 of 18 December 2015) (p4)

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000: Chief Albert Luthuli Municipality: Credit Control and Debt Collection Policy [sic] published with effect from 1 September 2015 (LAN 168 in PG 2627 of 18 December 2015) (p7)

NORTHERN CAPE

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013: Siyathemba Local Municipality; Richtersveld Local Municipality; and Ubuntu Local Municipality: By-law on Municipal Land Use Planning published and various by-laws repealed (GenNs 189, 194 & 196 in PG 1979 of 14 December 2015)[5] (pp 6, 213 & 297)

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013: Umsobomvu Local Municipality: Spatial Planning and Land Use Planning By-law (GenNs 190, 193 & 195 in PG 1979 of 14 December 2015) (pp 51, 174 & 258)

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013: Hantam Local Municipality: By-law on Municipal Land Use Planning published and various by-laws repealed (GenN 191 in PG 1979 of 14 December 2015)[6] (p90)

Constitution of the Republic of South Africa, 1996 and Spatial Planning and Land Use Management Act 16 of 2013: Emthanjeni Local Municipality: By-law on Municipal Land Use Planning, 2015 published (GenN 192 in PG 1979 of 14 December 2015)[7] (p133)

National Road Traffic Act 93 of 1996: Schedule of fees in respect of registration and licencing of motor vehicles published with effect from 1 April 2016 (GenN 197 in PG 1979 of 14 December 2015) (p341)

Spatial Planning and Land Use Management Act 16 of 2013: ZF Mgcawu District Municipality: Notice of commencement of the ZF Mgcawu Joint Municipal Planning Tribunal published (GenN 199 in PG 1979 of 14 December 2015) (p350)

NORTH WEST

Spatial Planning and Land Use Management Act 16 of 2013: Moses Kotane Local Municipality: Notice of agreement to establish a Joint Municipal Planning Tribunal with Moses Kotane; Kgetlengrivier; and Moretele Local Municipalities published (LAN 207 in PG 7588 of 15 December 2015) (p4)

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Variation and confirmation of delimitation of municipal ward: Ventersdorp/Tlokwe Local Municipality (NW405) published (PN 153 in PG 7590 of 15 December 2015) (p4)

Local Government: Municipal Structures Act 117 of 1998: Municipal Demarcation Board: Confirmation of delimitation of municipal ward: City of Matlosana Local Municipality (NW403) published (PN 154 in PG 7591 of 15 December 2015) (p4)

WESTERN CAPE

Nature and Environmental Conservation Ordinance 19 of 1974: Hunting season, daily bag limits and hunting by the use of prohibited hunting methods, 2016 published (PN 413 in PG 7544 of 11 December 2015) (p2390)

Disaster Management Act 57 of 2002: Notice of request to classify drought as a provincial disaster in certain municipal areas published and PN 413 in PG 7542 of 4 December 2015 withdrawn (PN 425 in PG 7544 of 11 December 2015) (p2399)

Constitution of the Republic of South Africa, 1996: Mossel Bay Local Municipality: By-law on Trading Days and Hours for Liquor Licensed Premises: Amendment of Schedule published (LAN 47734 in PG 7544 of 11 December 2015) (p2408)

Constitution of the Republic of South Africa, 1996 and Expropriation Act 63 of 1975: City of Cape Town: Immovable Property By-law, 2014 published and By-law relating to the Management and Administration of the City of Cape Town's Immovable Property as published in PG 5988 of 28 February 2003 repealed (LAN 47726 in PG 7544 of 11 December 2015) (p2432)

City of Cape Town: Informal Trading By-law: Blaauwberg District: Informal Trading Plan for the Greater Blaauwberg areas published (LAN 47766 in PG 7544 of 11 December 2015) (p2444)

Western Cape Community Safety Act 3 of 2013: Draft Western Cape Community Safety Regulations, 2015 published for comment (PN 431 in PG 7547 of 11 December 2015) (p2)

Western Cape Gambling and Racing Act 4 of 1996: Western Cape Gambling and Racing Regulations, 1996: Draft First Amendment, 2015 published for comment (PN 432 in PG 7548 of 11 December 2015) (p2)

Western Cape Gambling and Racing Act 4 of 1996: Draft Western Cape Gambling and Racing Regulations (Fees and Costs), 2015 published for comment (PN 433 in PG 7548 of 11 December 2015) (p5)

 

[1] KwaZulu-Natal Tweede Aansuiwerings Begrotingswet 1 van 2015

[2] KwaZulu-Natal Wet op die Magtiging van Ongemagtigde Uitgawes 2 van 2015

[3] KwaZulu-Natal Wysigingswet op Kommissies 3 van 2015

[4] KwaZulu-Natal Begrotingswet 4 van 2015

[5] Also published under GenNs 182, 183 & 186 in PG 1977 of 7 December 2015

[6] Also published under GenN 187 in PG 1977 of 7 December 2015 and GenN 188 in PG 1978 of 11 December 2015

[7] Also published under GenNs 184 & 185 in PG 1977 of 7 December 2015

This information is also available on the daily Legalbrief at www.legalbrief.co.za

ABBREVIATIONS:

GG (Government Gazette), GenN (General Notice), GN (Government Notice), BN (Board Notice), Proc (Proclamation), PG (Provincial Gazette), PN (Provincial Notice), PremN (Premier's Notice), ON (Official Notice), LAN (Local Authority Notice), MN (Municipal Notice)

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 NEW RELEASES FROM JUTA

Regulations in terms of the Prevention and Combating of Trafficking in Persons Act 7 of 2013
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000; Promotion of Access to Information Act 2 of 2000; Promotion of Administrative Justice Act 3 of 2000 & Regulations
Maintenance Act 99 of 1998 & Regulations 4e
Expert Evidence in Clinical Negligence: A Practitioner's Guide
Erfreg

 

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