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New legislation

Legislation published during the period 18 March 2013 – 19 April 2013

Philip Stoop BCom LLM (UP) LLD (Unisa) is an associate professor in the department of mercantile law at Unisa.

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

BILLS INTRODUCED

Judicial Matters Amendment Bill B7 of 2013.

Protection of Traditional Knowledge (Private Member Bill) B300P of 2013.

National Environmental Management: Integrated Coastal Management Amendment Bill B8 of 2013.

Electoral Amendment Bill (Private Member Bill) B200P of 2013.

PROMULGATION OF ACTS

Further Education and Training Colleges Amendment Act 1 of 2013. Commencement: To be proclaimed. GN209 GG36271/19-3-2013.

COMMENCEMENT OF ACTS

Further Education and Training Colleges Amendment Act 3 of 2012, s 14. Commencement: 1 April 2013. GN205 GG36263/18-3-2013.

Further Education and Training Colleges Amendment Act 3 of 2012, ss 11 and 12. Commencement: 1 April 2013. GN244 GG36322/28-3-2013.

National Environmental Management Protected Areas Amendment Act 15 of 2009, ss 1 and 8. Commencement: 1 April 2013. Proc7 GG36296/27-3-2013.

Credit Rating Services Act 24 of 2012. Commencement: 15 April 2013 (general commencement date). GN271 GG36337/12-4-2013.

Prevention of and Treatment of Substance Abuse Act 70 of 2008. Commencement: 31 March 2013. Proc8 GG36304/28-3-2013.

Protection from Harassment Act 17 of 2011. Commencement: 27 April 2013. Proc R9 GG36357/12-4-2013.

SELECTED LIST OF DELEGATED LEGISLATION

Agricultural Product Standards Act 119 of 1990

Amendment of regulations regarding inspections and appeals: Export. GN R199 GG36258/22-3-2013.

Amendment of regulations regarding inspections and appeals: Local. GN R200 GG36258/22-3-2013.

Allied Health Professions Act 63 of 1982

Notice to increase fees payable to the Allied Health Professions Council of South Africa (AHPCSA) by students, interns and practitioners, as approved by the AHPCSA on 13 February 2013. BN36 GG36257/22-3-2013.

Architectural Profession Act 44 of 2000

South African Council for the Architectural Profession (SACAP): Annual fees for the financial year 1 April 2013 – 31 March 2014. BN38 GG36278/28-3-2013.

Auditing Profession Act 26 of 2005

Independent Regulatory Board for Auditors (IRBA): Fees payable to IRBA with effect from 1 April 2013. BN37 GG36278/28-3-2013.

Civil Aviation Act 13 of 2009

Civil Aviation Regulations, 2011. GN R258 GG36343/5-4-2013.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. GN210 GG36273/20-3-2013.

Increase in monthly pensions. GN211and GN213 GG36273/20-3-2013.

Amendment of sch 4 to the Act. GN212 GG36273/20-3-2013.

Annual increase in medical tariffs for medical services providers, pharmacies, ambulances and hospital groups. GenN391 and GenN392 GG36377/19-4-2013.

Consumer Protection Act 68 of 2008

Labelling of goods originating from East Jerusalem, Gaza or West Bank wrongly labelled as originating from Israel. GenN380 GG36364/12-4-2013.

Deeds Registries Act 47 of 1937

Amendment of regulations. GN241 GG36306/2-4-2013.

Electronic Communications Act 36 of 2005

General Licence Fees Regulations, 2012. GenN299 GG36323/28-3-2013.

Labelling regulations in terms of the Act and the Independent Communications Authority of South Africa Act 13 of 2000. GenN393 GG36380/16-4-2013.

Employment of Educators Act 76 of 1998

Improvement in conditions of service: Annual cost-of-living adjustment for edu­cators employed in terms of the Act. GN237 GG36298/28-3-2013.

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

Amendment of the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators, appeals and imports. GN R259 GG36345/5-4-2013.

Financial Advisory and Intermediary Services Act 37 of 2002

Exemption of burial societies and stokvels. BN43 GG36316/2-4-2013.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

Regulations relating to the reduction of sodium in certain foodstuffs and related matters. GN R214 GG36274/20-3-2013.

Health Professions Act 56 of 1974

Health Professions Council of South Africa: Rules relating to fees payable to council. BN61 GG36348/5-4-2013.

Labour Relations Act 66 of 1995

Commission for Conciliation, Mediation and Arbitration tariff or fees. GN R220 GG36279/28-3-2013.

Landscape Architectural Profession Act 45 of 2000

South African Council for the Landscape Architectural Profession: Guideline for professional fees. BN47 GG36307/5-4-2013.

Local Government: Municipal Finance Management Act 56 of 2003

Effective date (1 July 2013) for electricity tariff determination for municipalities and municipal entities. GenN286 GG36315/28-3-2013

Long-Term Insurance Act 52 of 1998

Prescribed long-term insurance fees. BN39 and BN40 GG36303/28-3-2013.

Magistrates Act 90 of 1993

Remuneration of magistrates. Proc6 GG 36283/22-3-2013 and GenN285 GG36314/27-3-2013.

Magistrates’ Courts Act 32 of 1944

Creation of sub-districts and the appointment of a place within the sub-district for the holding of a court. GN290 GG36369/12-4-2012.

Medicines and Related Substances Act 101 of 1965

Regulations relating to a transparent pricing system for medicines and scheduled substances: Dispensing fee for pharmacists. GN R218 GG36287/22-3-2013.

National Environmental Management: Protected Areas Act 57 of 2003

Amendment of sch 2 to the National Environmental Management: Protected Areas Act. GN236 GG36295/27-3-2013.

National Environmental Management: Biodiversity Act 10 of 2004

Threatened or protected species regulations. GenN388 GG36375/16-4-2013.

Publication of lists of species that are threatened or protected, activities that are prohibited and exemption from restriction. GenN389 GG36375/16-4-2013.

National Railway Safety Regulator Act 16 of 2002

Penalty Fee Amendment Regulations, 2013. GN R208 GG36270/20-3-2013.

Perishable Products Export Control Act 9 of 1983

Imposition of levies on perishable products. GenN245 GG36278/28-3-2013 and BN63 GG36371/19-4-2013.

Prevention of and Treatment for Substance Abuse Act 70 of 2008

Regulations for prevention of and treatment for substance abuse. GenN283 GG36305/2-4-2013.

Protection from Harassment Act 17 of 2011

Regulations. GN R274 GG36357/12-4-2013.

Tariff of compensation payable to electronic communications service providers in terms of s 4(8) of the Act. GN R275 GG36357/12-4-2013.

Directives in terms of s 20(3) of the Act. GN R276 GG36357/12-4-2013.

Public Finance Management Act 1 of 1999

Borrowing powers of waterboards listed under sch 3, part B of the Act. GN256 GG36307/5-4-2013.

Rules Board for Courts of Law Act 107 of 1985

Amendment of the rules (r 43) regulating the conduct of the proceedings of several provincial and local divisions of the High Court of South Africa. GN R262 GG36338/12-4-2013.

Magistrates’ Courts: Amendment of the rules of court. GN R263 GG36338/12-4-2013.

Small Claims Courts Act 61 of 1984

Establishment of a small claims court for the area of Msinga. GN285 GG36368/15-4-2013.

Establishment of small claims courts for the areas of Vryheid and Ngotshe. GN286 GG36368/15-4-2013.

Establishment of a small claims court for the area of Elliot. GN287 GG36368/15-4-2013.

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 Madikwe. GN288 GG36368/15-4-2013.

Establishment of a small claims court for the area of Peddie. GN289 GG36368/15-4-2013.

Social Assistance Act 13 of 2004

Increase in respect of social grants. GN219 GG36292/25-3-2013.

South African Weather Service Act 8 of 2001

Regulations regarding fees for the provision of aviation meteorological services. GN R307 GG36391/19-4-2013.

Veterinary and Para-Veterinary Professions Act 19 of 1982

Rules relating to the practising of veterinary professions. GenN374 GG36337/12-4-2013.

DRAFT LEGISLATION

Proposed industry code of the Advertising Standards Authority of South Africa and an ombud scheme for alternative dispute resolution of complaints in terms of the Consumer Protection Act 68 of 2008 for comment. GenN224 GG36253/22-3-2013.

Draft Licensing of Businesses Bill for comment. GenN231 GG36265/18-3-2013.

Draft Electoral Amendment Bill for comment. GenN233 GG36267/18-3-2013.

Draft determination of safety permit fees in terms of s 23(2)(a) of the National Railway Safety Regulator Act 16 of 2002. GN207 GG36268/19-3-2013.

* Draft Expropriation Bill for comment. GenN234 GG36269/20-3-2013.

Proposed categories of goods (meat) that are required to have a trade description applied to them in terms of the Consumer Protection Act 68 of 2008. GenN238 GG36285/22-3-2013.

Draft Agricultural Produce Marketing Agencies Bill, 2013 for comment. GenN282 GG36302/28-3-2013.

Proposed abattoir rating scheme in terms of the Meat Safety Act 40 of 2000 for comment. GenN341 GG36307/5-4-2013.

Draft Merchant Shipping Amendment Bill, 2013 for comment. GenN349 GG36329/3-4-2013.

Draft South African Maritime Draft Ballast Water Management Bill, 2013 for comment. GenN340 GG36330/3-4-2013.

Draft regulations for the type approval of electronic communications equipment and electronic communications facilities and the certification of type approved equipment in terms of the Electronic Communications Act 36 of 2005. GenN394 GG36381/16-4-2013.

National Animal Pounds Bill for comment. GenN398 GG36385/18-4-2013.

SELECTED ASPECTS OF THE DRAFT EXPROPRIATION BILL

The draft Expropriation Bill was published for comment in GenN234 GG36269/20-3-2013. The aim of the Bill is to ensure the Expropriation Act 63 of 1975 is consistent with the spirit and provisions of the Constitution.

General power to expropriate property (ss 3 and 4)

The Minister of Public Works may expropriate property for a public purpose or in the public interest subject to the obligation to pay compensation.

The Minister may also, subject to s 4, expropriate property on behalf of a juristic person if he or she is satisfied that the juristic person –

• requires the property for a public purpose or in the public interest;

• has failed to reach an agreement with the owner in attempting to purchase the property on the open market;

• is able to give effect to the purpose for which the property is required; and

• accepted in writing the conditions imposed by the Minister.

What is ‘public interest’ or ‘public purpose’? (s 1)

‘Public interest’ is defined in s 1 to include the nation’s commitment to land reform, and to reforms to bring about equitable access to all of South Africa’s natural resources and other related reforms in order to redress the results of past racial discriminatory laws or practices.

‘Public purpose’ is defined in s 1 to include any purposes connected with the administration of the provisions of any law by an organ of state.

Vesting of expropriated property (s 10(1))

Expropriation of property has the following effect:

• Ownership of the property vests in the expropriating authority on the date of expropriation.

• All unregistered rights in such property are simultaneously expropriated on the date of expropriation unless otherwise stated in the notice of expropriation.

• In the case of a taking of a right to use a property temporarily –

– the owner’s right to use the property is suspended;

– all registered rights in the property, other than the right of use, are not suspended, unless or until the registered rights are temporarily expropriated from the holder thereof in accordance with the Act; and

– all unregistered rights in such property are suspended for the period of such temporary use.

• The property remains subject to all registered rights, with the exception of mortgage bonds, in favour of third parties with which the property has been burdened prior to expropriation, unless or until such registered rights are expropriated from the holder thereof in accordance with the provisions of the Act.

Duty to take care of and maintain the property (s 10(3))

The expropriated owner or holder of a registered or unregistered right, who is in possession of the property, must from the date of expropriation to the date on which the expropriating authority takes possession of the property, take care of and maintain the property. If the person who is in possession of the property wilfully or negligently fails to take care of and maintain the property and, as a result thereof, the property depreciates in value, the expropriating authority may recover the amount of the depreciation from the expropriated owner or the holder of a registered or unregistered right concerned. However, the expropriating authority must compensate the expropriated owner or holder of a registered or unregistered right, as the case may be, for unusual maintenance costs incurred after the date of expropriation as agreed on between the expropriated owner or the holder of a registered or unregistered right and the expropriating authority.

Determination of compensation (s 13)

The compensation to be paid to an expropriated owner or holder of an expropriated right must be just and equitable. It must also reflect an equitable balance between the public interest and the interest of the expropriated owner or holder. All relevant circumstances must be considered, including –

• the current use of the property;

• the history of acquisition;

• the history of the use of the property;

• the market value of the property;

• the extent of direct state investment and subsidy in acquisition and beneficial capital improvement of the property; and

• the purpose of the expropriation.

The following factors must not be taken into account –

• the fact that the property has been taken without the consent of the expropriated owner or expropriated holder;

• the special suitability or usefulness of the property for the purpose for which it is required by the expropriating authority, if it is unlikely that the property would have been purchased for that purpose in the open market;

• any enhancement in the value of the property, if it is a consequence of the use of the property in a manner that is unlawful;

• improvements made on the property in question after the date on which the notice of expropriation was served on the claimant, except where they were agreed to by the expropriating authority in terms of s 10(3);

• anything done with the object of obtaining compensation therefor; and

• any enhancement or depreciation, before or after the date of service of the notice of expropriation, in the value of the property in question, which can be directly attributed to the scheme or purpose in connection with which the property was expropriated.

Access to court (s 22)

A party to an expropriation may, failing agreement, approach a court to decide or approve –

• the amount of compensation;

• the time of payment of compensation; or

• the manner of payment of compensation.

Section 22 does not, however, preclude a person from approaching a court on any other matter relating to the application of the Act.

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