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New legislation

Legislation published during the period 15 June 2012 – 20 July 2012

Philip Stoop BCom (Law) LLM (Contract Law) (UP) is a senior lecturer in the department of mercantile law at Unisa.

* Items marked with an asterisk will be discussed later in the column.

PROMULGATION OF ACTS

Criminal Law (Sexual Offences and Related Matters) Amendment Act 6 of 2012. Commencement: 26 June 2012. GN495 GG35473/26-6-2012.

Tax Administration Act 28 of 2011. Commencement: To be proclaimed (except for parts and provisions set out in s 272). GN591 GG35491/4-7-2012.

SELECTED LIST OF DELEGATED LEGISLATION

Astronomy Geographic Advantage Act 21 of 2007

Regulations to prohibit or restrict certain activities in core astronomy advantage areas. GN R465 GG35450/22-6-2012.

Auditing Profession Act 26 of 2005

Independent Regulatory Board for Auditors (IRBA): New firm fees basis for inspections performed in terms of s 47 of the Act. BN105 GG35449/22-6-2012.

Basic Conditions of Employment Act 75 of 1997

Amendments of Sectoral Determination 11: Taxi Sector, South Africa. GN479 GG35462/22-6-2012.

Children’s Act 38 of 2005

Amendment: General regulations regarding children. GN R497 GG35476/29-6-2012.

Customs and Excise Act 91 of 1964

Amendment of sch 1 (no 1/1/1442). GN R487 GG35464/29-6-2012.

Amendment of sch 1 (no 1/213/155). GN R487 GG35464/29-6-2012.

Amendment of sch 4 (no 4/348). GN R507 GG35481/6-7-2012.

Amendment of sch 4 (no 4/349). GN R508 GG35481/6-7-2012.

Amendment of sch 4 (no 4/350). GN R509 GG35481/6-7-2012.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Regulations relating to the reduction of sodium in certain foodstuffs and related matters. GN R533 GG35509/11-7-2012.

Income Tax Act 58 of 1962

Income Tax 2012: Notice to furnish returns for the 2012 year of assessment. GN501 GG35485/29-6-2012.

Exemption from normal tax of grants received or accrued to a person by virtue of the clothing and textile competitiveness programme administered by the Department of Trade and Industry. GN R538 GG35516/13-7-2012.

Labour Relations Act 66 of 1995

Establishment of a Statutory Council for the Fast Food, Restaurant, Catering and Allied Trades. GN470 GG35449/22-6-2012.

Land Survey Act 8 of 1997

Establishment and renaming of the offices of the Surveyor General. GN494 GG35463/29-6-2012.

Liquor Products Act 60 of 1989

Amendment of regulations. GN R525 GG35501/13-7-2012.

Wine of Origin Scheme: Amendment. GN R526 GG35501/13-7-2012.

Amendment: Limitation on the use of certain particulars in connection with the sale of liquor products. GN R527 GG35501/13-7-2012.

Local Government: Municipal Finance Management Act 56 of 2003

Effective date for electricity tariff determination for municipalities and municipal entities. GenN547 GG35505/6-7-2012.

Marine Living Resources Act 18 of 1998

Policy for the small-scale fisheries sector in South Africa. GN474 GG35455/20-6-2012.

Marketing of Agricultural Products Act 47 of 1996

Continuation of statutory measure: Registration of producers and persons dealing with wool in the course of trade. GN R472 GG35450/22-6-2012.

Continuation of statutory measure: Records and returns by brokers, traders or wool buyers, processors, importers and exporters of wool. GN R473 GG35450/22-6-2012.

Medical Schemes Act 131 of 1998

Adjustment to fees payable to brokers. GN480 GG35471/26-6-2012.

Medicines and Related Substances Control Act 101 of 1965

Schedules (prescribed fees). GN R502 GG35487/2-7-2012.

National Environmental Management: Air Quality Act 39 of 2004

National ambient air quality standard for particulate matter of aerodynamic diameter less than 2,5 micron metre (PM 2.5). GN486 GG35463/29-6-2012.

National Heritage Resources Act 25 of 1999

South African Heritage Resources Agency: Declaration of certain graves as heritage sites. GN463 GG35448/15-6-2012.

National Prosecuting Authority Act 32 of 1998

Determination of salaries of Deputy Directors of Public Prosecutions, chief prosecutors and chief special investigators. GN521 GG35494/6-7-2012.

Nursing Act 33 of 2005

South African Nursing Council: Fees payable to the council in terms of the regulations relating to the particulars to be furnished to the council for keeping of the register for nursing practitioners, the manner of effecting alterations to the register, and certificates that may be issued by the council. GN R500 GG35479/29-6-2012.

Road Accident Fund Act 56 of 1996

Road Accident Fund Regulations, 2008: Adjustment of the medical tariff provided for in s 17(4B)(b) of the Act. BN106 GG35449/22-6-2012.

* Rules Board for Courts of Law Act 107 of 1985

Amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court of South Africa (rs 4A, 6, 17, 19 and 34). GN R464 GG35450/22-6-2012.

Small Claims Courts Act 61 of 1984

Alteration of the area for which the small claims court for Rustenburg was established and establishment of a small claims court for the area of Koster. GN528 GG35500/13-7-2012.

South African Schools Act 84 of 1996

National Norms and Standards for School Funding (NNSSF). GN477 GG35458/20-6-2012.

Value-Added Tax Act 89 of 1991

Amendment of sch 1. GN R506 GG35481/6-7-2012.

DRAFT LEGISLATION

Draft regulations for the administration of the automotive production development programme (APDP). GN R483 GG35464/29-6-2012.

Regulations relating to a transparent pricing system for medicines and schedule substances: Amendment (draft dispensing fee for pharmacies). GN R484 GG35464/29-6-2012.

Amendment regulations relating to a transparent pricing system for medicines and schedule substances. GN R510 GG35481/6-7-2012.

Publication of norms and standards for biodiversity management plans for ecosystems in terms of the National Environmental Management: Biodiversity Act 10 of 2004. GenN532 GG35486/2-7-2012.

Learning programme regulations in terms of the Skills Development Act 97 of 1998. GenN545 GG35489/3-7-2012.

Draft municipal misconduct regulations in terms of the Local Government: Municipal Finance Management Act 56 of 2003. GenN556 GG35500/13-7-2012.

Draft standards for developing skills through construction works contracts in terms of the Construction Industry Development Board Act 38 of 2000. BN118 and BN119 GG35507/13-7-2012.

Proposed Electronic Communications Amendment Bill, 2012. GenN572 GG35525/18-7-2012.

National Road Traffic Amendment Bill, 2012. GenN575 GG35528/18-7-2012.

SELECTED ASPECTS OF THE AMENDMENT OF THE RULES REGULATING THE CONDUCT OF PROCEEDINGS OF SEVERAL PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT

The Rules Board for Courts of Law, under s 6 of the Rules Board for Courts of Law Act 107 of 1985, published rules in GN R464 GG35450/22-6-2012.

Commencement date

27 July 2012.

Delivery of documents and notices (r 4A)

In any proceedings service of documents and notices not falling under r 4(1)(a) in any proceedings on any party to the litigation may be effected by one or more of the following manners to the address provided by that party –

• by hand at the physical address;

• by registered post to the postal address; or

• by facsimile or electronic mail to the respective addresses (chapter III, part 2 of the Electronic Communications and Transactions Act 25 of 2002 is applicable to service by facsimile or electronic mail).

These addresses for service may be changed by the delivery of a notice of a new address and thereafter may be effected as provided for in that sub-rule at such new address.

Service under r 4A need not be effected through the sheriff, but the filing with the registrar of originals of documents and notices referred to in r 4A shall not be done by way of facsimile or electronic mail.

Applicant’s address (r 6)

In the notice of motion the applicant must appoint an address within 15 kilometres of the office of the registrar at which the applicant will accept notice and service of all documents in such proceedings. The applicant must also state in the notice of motion his postal, facsimile or electronic mail addresses where available. Any person opposing the grant of an order sought in the notice of motion shall within the time stated in the notice give the applicant notice, in writing, that he intends to oppose the application, and in such notice appoint an address within 15 kilometres of the office of the registrar at which such person will accept notice and service of all documents, as well as such person’s postal, facsimile or electronic mail addresses where available.

Plaintiff’s address (r 17)

Every summons must be signed by the attorney acting for the plaintiff. The summons should also bear an attorney’s physical address within 15 kilometres of the office of the registrar, the attorney’s postal address and, where available, the attorney’s facsimile address and electronic mail address. If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff, who must in addition append an address within 15 kilometres of the office of the registrar at which the plaintiff will accept service, the plaintiff’s postal address and, where available, the plaintiff’s facsimile and electronic mail addresses. After these requirements have been complied with, the summons must be signed and issued by the registrar and made returnable by the sheriff to the court through the registrar.

The plaintiff may indicate in a summons whether he is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state the preferred manner of service.

If an action is defended, the defendant may, at the written request of the plaintiff, consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail. If the defendant refuses or fails to deliver such consent in writing, the court may, on application by the plaintiff, grant such consent on such terms as to costs and otherwise as may be just and appropriate in the circumstances.

Defendant’s address (r 19)

When a defendant delivers notice of intention to defend, he must therein give his full residential or business address, postal address and, where available, facsimile and electronic mail addresses. The defendant must also appoint an addresses, not being a post office box or poste restante, within 15 kilometres of the office of the registrar for the service on him of all documents in such action.

The defendant may indicate in the notice of intention to defend whether he is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, the preferred manner of service should be stated.

The plaintiff may, at the written request of the defendant, deliver consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail. If the plaintiff refuses or fails to deliver the consent in writing, the court may, on application by the defendant, grant such consent on such terms as to costs and otherwise as may be just and appropriate in the circumstances.

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