bulletin 6 of 2013bulletin 39 of 2015 period: 25 september ... 39 of 2015 (2) .pdf · the supreme...
TRANSCRIPT
IMPORTANT NEWS
DRAFT RULES FOR COMMUNITY SCHEMES OMBUD DRAWN UP
Draft Regulations on the Community Schemes Ombud Service have been published for comment.
Drawn up by the Human Settlements Department in terms of the Community Schemes Ombud Service Act, the draft
regulations contain detail on the activities of the board, levies and service fees and training and education.
The board is expected to meet at least four times a year and the Chief Ombud must ensure that complete minutes of
each meeting are kept.
Meanwhile the Department has also published Draft Regulations for Fees and Levies payable to the Community
Schemes Ombud Service for comment.
Included is the prescribed monthly levy payable by every unit within a community scheme.
A R100 fee will be charged for adjudication while the application fee stands at R50.
People who earn less than R5 500 per month after tax are entitled to a 100% waiver of application and adjudication fees.
The Department has also published Draft Sectional Titles Schemes Management Regulations for comment. Issues
covered include minimum amounts for reserve fund, other risks to be insured against, powers of a provisional curator ad
litem and curator ad litem, notifications and rules.
Two annexures on management rules and conduct rules are included.
Comment on all three draft regulations is invited within 30 days of the date of publication of the notices.
Source: http://www.sabinetlaw.co.za/
MUNICIPAL PROCUREMENT TO BE STREAMLINED
Local government procurement of ‘key infrastructure goods and services’ is to be streamlined. Government is finalising
‘framework contracts’ that will allow municipalities to place orders without following a separate procurement process for
each product or service concerned.
Municipalities will nevertheless be ‘free to procure elsewhere’ if they can do so at lower prices for better quality. Co-
operative Governance and Traditional Affairs ‘municipal infrastructure support agent’ Sean Phillips reportedly told
delegates at a recent Association of Municipal Electricity Utilities convention that the intervention is expected to facilitate
the competitive pricing generally associated with ‘economies of scale’ – benefiting under-resourced municipalities in
particular. It should also ‘accelerate’ the process of purchasing equipment and ‘reduce the threat of procurement-related
corruption at local government level’.
Prospective suppliers will bid for national government tenders, with municipalities purchasing goods and services
against three-year framework contracts set to be in place with winning bidders by the end of next year. While
construction services are among the first to be targeted, Phillips also alluded to opportunities for ‘piggybacking’ on
Eskom framework contracts for specific distribution equipment.
Source: Legalbrief 7 October 2015
Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 39 of 2015 Period: 25 September 2015 – 02 October 2015
2
UIF TO FINANCE JOB CREATION
The Unemployment Insurance Amendment Bill now on its way to Parliament proposes using the fund to finance job
creation schemes ‘for the benefit of unemployed contributors’ – also mooting that a contributor should not be entitled to
benefits provided in the Act ‘if he or she refuses to undergo training or vocational counselling for employment under any
scheme approved by the commissioner’. This is according to a memorandum on the Bill’s objects gazetted as part of an
explanatory summary that makes no mention of bringing domestic workers within the ambit of the Act’s provision for
maternity benefits an expectation prompted by Labour Minister Mildred Oliphant’s remarks last October at a domestic
worker’s imbizo. Contributing domestic workers have qualified for certain benefits under the Act since the 2003
Amendment Act came into effect.
Once in force the Bill will introduce a maximum remuneration rate of 66% for lower-income contributors. It will also
ensure that employees in learnerships contribute towards and qualify for unemployment insurance, along with
documented foreign workers and piece workers employed for less than 24 hours per week. The Bill also seeks to allow:
a contributor 12 months within which to lodge a claim (as opposed to six months as is currently the case); and the
dependants of a diseased contributor 18 months in which to apply for benefits (12 months more than currently provided).
However, no reference is made in the memorandum to a provision in last year’s Bill extending the period during which a
contributor may receive benefits from eight to 12 months. The Bill was withdrawn soon after being tabled in Parliament,
having been declared ‘defective’.
Other proposals in the Bill include that: a contributor should not be entitled to illness benefits if absent from work for less
than seven days, as opposed to 14 as is currently the case; women who miscarry should be entitled to maternity
benefits; public servants should be included as contributors and beneficiaries under the Act; and that MPs, Ministers,
Deputy Ministers, members of provincial legislatures and municipal councillors should be excluded.
Source: Legalbrief 5 October 2015
PRETORIA REGISTRAR’S CIRCULAR NO. 25 OF 2015 - PROCEDURE TO DEAL WITH LOST DEEDS
The purpose of the Circular is to outline the procedure on how to deal with lost deeds in the office and to centralize the
functions relating thereto.
Contact the Knowledge Centre for a copy of above circular
RECOMMENDED READING
Article 6 CRC and the Views of the CRC Committee, by Jaap E Doek, Stellenbosch Law Review Vol 26 No 2 2015
The Child`s Right to Life, Survival and Development: Evolution and Progress, by Elaine E Sutherland,
Stellenbosch Law Review Vol 26 No 2 2015
The Intersection between Article 6 of te UN Convention on the Rights of the Child and Early Childhood
Development, by Julia Sloth-Nielsen and Sue Philpott, Stellenbosch Law Review Vol 26 No 2 2015
The Implications of Article 6 of the Convention on the Rights of the Child for the State, Children of Parents with
Intellectual Disabilities who are “at Risk of Neglect” and their Parents, by Willene Holness, Stellenbosch Law
Review Vol 26 No 2 2015
Fostering and Adoption as Means of Securing Article 6 Rights in England, by Brian Sloan, Stellenbosch Law
Review Vol 26 No 2 2015
Child Poverty in New Zealand: A Contravention of Articles 6 and 27 of the Convention on the Rights of the Child
1989, by Mark Henaghan and Ruth Ballantyne, Stellenbosch Law Review Vol 26 No 2 2015
“Wrongful Life” – The Constitutional Court Paved the Way for Law Reform, by Trynie Boezaart, Stellenbosch Law
Review Vol 26 No 2 2015
Taking Care of the Small: Article 6 of the Convention of the Rights of the Child and Childhood Accidental Injury
Claims in Scotland, by Lesley-Anne Barnes Macfarlane, Stellenbosch Law Review Vol 26 No 2 2015
3
RECENT SUPREME COURT OF APPEAL JUDGMENTS
SUPREME COURT OF APPEAL RESTORES PUBLIC PROTECTOR POWERS
SABC v DA (393/2015) [2015] ZASCA 156 (8 OCTOBER 2015)
The Supreme Court of Appeal dismissed the appeal by the South African Broadcasting Corporation SOC Ltd (SABC),
the Minister of Communications (the Minister) and Mr Hlaudi Motsoeneng (the appellants) against Part A of an order
granted by the Western Cape Division of the High Court, Cape Town. In the result, the court below’s order was
confirmed, in terms of which the SABC was directed to institute disciplinary proceedings against Mr Motsoeneng and he
was suspended from his position as Chief Operations Officer (COO) of the SABC at least until the finalisation of such
disciplinary proceedings.
The primary issues before the SCA were whether the court below was correct, firstly, in directing the SABC to institute
disciplinary proceedings against Mr Motsoeneng; and secondly, in ordering that Mr Motsoeneng be suspended pending
finalisation of such proceedings. However, in deciding these issues, the SCA considered the powers and position of the
Public Protector, as a report authored by her concerning the management of the SABC formed the basis for the original
application by the first respondent, the Democratic Alliance (DA).
The facts of the case are as follows. In February 2014, the Public Protector released a report detailing ‘pathological
corporate governance deficiencies at the SABC’, and singled out Mr Motsoeneng (the Acting COO at the time) for
particularly scathing criticism. Amongst other things, the Public Protector had found that: his appointment as Acting COO
was irregular; his salary progression from R1,5 million to R2,4 million in one fiscal year was irregular; and he had
fraudulently misrepresented to the SABC that he had a matric qualification. Consequently, the Public Protector directed
the SABC and Minister to implement various remedial steps, including the institution of disciplinary proceedings against
Mr Motsoeneng. The Public Protector also required them to submit implementation plans.
On 7 July 2014, instead of implementing the Public Protector’s remedial action and without notice to her, the appellants
permanently appointed Mr Motsoeneng as COO. The justification for ignoring the Public Protector’s remedial action was
that a firm of attorneys, Mchunu Attorneys, had been appointed to investigate the veracity of the findings contained in
her report, and a report prepared by them had apparently exonerated Mr Motsoeneng. Aggrieved, the DA approached
the court below for an order in two parts. Part A was an urgent application for inter alia the suspension of Mr
Motsoeneng and the institution of disciplinary proceedings against him. Part B was for inter alia the setting aside of his
appointment. The court below granted the order in Part A, which formed the subject of the appeal. Part B remains to be
finalised by the Western Cape Division of the High Court.
Regarding the first issue, the SCA confirmed the finding of the court below that the SABC must institute disciplinary
proceedings against Mr Motsoeneng. In arriving at this conclusion, however, the SCA rejected the reasoning of the court
below, which had concluded that the directions of the Public Protector were not ‘binding and enforceable’ in the same
way as a court order. The SCA noted that a court order is an ‘inaccurate comparator and the phrase “binding and
enforceable” is terminologically inapt and in this context conduces to confusion’. The SCA considered in depth the place
of the Public Protector in our constitutional framework, and concluded as follows:
‘the office of the Public Protector, like all Chapter Nine institutions, is a venerable one. Our constitutional compact
demands that remedial action taken by the Public Protector should not be ignored. State institutions are obliged to
heed the principles of co-operative governance as prescribed by s 41 of the Constitution. Any affected person or
institution aggrieved by a finding, decision or action taken by the Public Protector might, in appropriate
circumstances, challenge that by way of a review application. Absent a review application, however, such person is
not entitled to simply ignore the findings, decision or remedial action taken by the Public Protector. Moreover, an
individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to
embark on a parallel investigation process to that of the Public Protector, and adopt the position that the outcome of
that parallel process trumps the findings, decision or remedial action taken by the Public Protector. Before us, all the
parties were agreed that a useful metaphor for the Public Protector was that of a watchdog. As is evident from what
is set out above, this watchdog should not be muzzled.’
Regarding the second issue, the court below had concluded that in light of Mr Motsoeneng’s position at the SABC and
the findings made against him by the Public Protector, there was a real risk that the integrity of the disciplinary process
against him might be undermined if he was not suspended. The SCA upheld this conclusion, and so also confirmed the
suspension order.
4
Accordingly, the SCA dismissed the appeal and upheld the order of the court below and in the process clarified the
powers of the Public Protector.
Source: Supreme Court of Appeal’s Media Summary
CENTRE FOR CHILD LAW v THE GOVERNING BODY OF HOERSKOOL FOCHVILLE (156/2015) [2015] ZASCA 155
(8 OCTOBER 2015)
Appeal – mootness – discrete point of interpretation – production of documents – Uniform rule 30A applicable when rule
35(12) not complied with – court must try to strike a proper balance in the exercise of its general discretion – interests of
children must be accorded adequate weight.
NAIDOO v MINISTER OF POLICE (20431/2014) [2015] ZASCA 152 (2 OCTOBER 2015)
Negligence ─ Duty of care ─ police conduct in breaching rights under the Domestic Violence Act 116 of 1998 actionable.
Arrest ─ legality of ─ arrest without a warrant ─ person arrested whilst seeking assistance from the police under the
Domestic Violence Act ─ arrest by police without warrant under s 40(1)(b) or (q) of the Criminal Procedure Act 51 of
1977 not absolving police from liability if requirements of the section not met. Damages ─ assault ─ appellant a victim of
domestic violence assaulted by police while seeking assistance from them ─ appellant suffering secondary victimisation
─ that factor aggravating the contumelia element of the assault.
OPPERMAN v MINISTER OF DEFENCE AND MILITARY VETERANS (20752/14) [2015] ZASCA 153 (2 OCTOBER
2015)
Employment – South African National Defence Force – whether contract of employment conferring benefits on employee
to which he is not entitled, is enforceable.
NON-DETONATING SOLUTIONS (PTY) LTD v DURIE (20440/2014) [2015] ZASCA 154 (2 OCTOBER 2015)
Civil procedure – Anton Piller application – requirements for the grant of an Anton Piller order satisfied –interim order
granted by court a quo amended and confirmed.
Source: http://www.justice.gov.za/sca/judgments/judgem_sca.htm
RECENT HIGH COURT JUDGMENTS
WOMAN WINS DAMAGES AFTER DOG BITE
Sylvia Codeghini (84) – who sued the owners of two dogs that bit her in November 2012 – won R175 000 in damages in
the KZN High Court (Pietermaritzburg) yesterday. The Mercury reports Codeghini’s claim against Peter and Patricia
Hampson had been for R296 294. She claimed R120 000 for general damages, pain and suffering, the loss of amenities
of life and disfigurement; R126 294 for past medical expenses; and R50 000 for future medical expenses. The case had
been set down for trial to determine liability, but had been settled between the parties. She received R100 000 for past
medical expenses and R75 000 for general damages.
Source: Legalbrief 6 October 2015
SOUTH AFRICAN LAW REPORTS – OCTOBER 2015
PIETERSE v CLICKS GROUP LTD AND ANOTHER 2015 (5) SA 317 (GJ)
Defamation - Liability—Accusation of suspicion of shoplifting—Defence of reasonable suspicion competent—But fault in
form of negligence will suffice to attract liability.
Delict - Specific forms—Injuria—Infringement of dignitas—Stopping and searching of customer suspected of
shoplifting—Defence of reasonable suspicion competent—But fault in form of negligence will suffice to attract liability.
5
DOUG PARSONS PROPERTY INVESTMENTS (PTY) LTD v ERASMUS DE KLERK INC 2015 (5) SA 344 (GJ)
Conveyancer - Rights and duties—Duties—Duty in dealing with value-added tax collected from purchaser—No legal
duty on conveyancer to pay it over to South African Revenue Service or to ensure that seller did so.
Conveyancer - Rights and duties—Duties—Duty to exercise reasonable degree of skill and care in transfer of property—
Negligent to make payment of value-added tax collected from purchaser to director of seller company without
authorising resolution—Semble: Hands-off approach undesirable; attesting to documents as commissioner of oaths in
absence of deponent potentially fraudulent and dishonourable.
QUICK DRINK CO (PTY) LTD AND ANOTHER v MEDICINES CONTROL COUNCIL AND OTHERS 2015 (5) SA 358
(GP)
Constitutional law - Constitution—Foundational values—Rule of law—Law enforcement—Selective enforcement—
Equality challenge—Rational connection to legitimate government objective required—Targeted seizure set aside where
no rational ground for differential treatment shown.
Medicine - Medicines Control Council—Powers—Seizure of scheduled substance—Applicant’s consignment of
electronic cigarettes containing nicotine seized—No others targeted—Amounting to selective enforcement of
legislation—No rational connection of legitimate government purpose shown—Unfair—Seizure set aside.
State - Duties—Law enforcement—Selective enforcement due to limited resources—State must show rational basis for
selective or targeted enforcement.
CROSS-BORDER ROAD TRANSPORT AGENCY v CENTRAL AFRICAN ROAD SERVICES (PTY) LTD AND
OTHERS 2015 (5) SA 370 (CC)
Constitutional law - Legislation—Validity—Declaration of invalidity—Retrospectivity—Suspension period passing without
enactment of remedial legislation—Order silent on retrospectivity—Effect—Default position one of invalidity to date of
promulgation unless varied by court—Not necessary to expressly stated, such could be determined on proper
construction of order—Constitution, s 172(1)(b)(i).
HYDE CONSTRUCTION CC v DEUCHAR FAMILY TRUST AND ANOTHER 2015 (5) SA 388 (WCC)
Trust - Trustee—Authority to institute legal proceedings—Lack of authority of trustees—Distinguished from lack of
capacity of trust—Ratification.
CENTRAL AUTHORITY v TK 2015 (5) SA 408 (GJ)
Children - Abduction—International abduction—Child’s habitual residence—Determination—Hague Convention on the
Civil Aspects of International Child Abduction 1980, art 3.
NATIONAL HEALTH LABORATORY SERVICE v LLOYD-JANSEN VAN VUUREN 2015 (5) SA 426 (SCA)
Labour law - Contract of employment—Consecutive contracts—Whether first contract novated by second—First contract
stipulating that employee would recompense employer for training either by working for fixed period or reimbursing
employer—First contract providing for subsequent employment under second contract—Contracts interrelated—
Obligation to recompense surviving conclusion of second contract.
Novation - Proof—Intention to novate not presumed—Court may have regard to conduct of parties, including evidence
relating to their intention.
JERRIER v OUTSURANCE INSURANCE CO LTD 2015 (5) SA 433 (KZP)
Insurance - General legal principles—Duty of disclosure—Non-disclosure—Insurer refusing to pay claim because
insured failed to report previous accidents for which he never claimed—Whether non-disclosure amounting to breach of
terms of policy or material non-disclosure permitting insurer to avoid liability for subsequent claim.
6
MBD SECURITISATION (PTY) LTD v BOOI 2015 (5) SA 450 (FB)
Magistrates’ court - Civil proceedings—Jurisdiction—Consent—Validity—Even where judgment debtor consents to
jurisdiction of court in which not resident or employed, may only do so in respect of institution of proceedings and not
issue of emoluments attachment order—Magistrates’ Courts Act 32 of 1944, s 45(1) read with s 65J.
PHEIFFER v VAN WYK AND OTHERS 2015 (5) SA 464 (SCA)
Lien - For improvements—Substitution of security for—Court having discretion to order substitution on considerations of
justice and equity—Whether substitution of enrichment lien with guarantee furnished by person other than owner of
improved property offering adequate security for enrichment claim.
SASOL CHEMICAL INDUSTRIES LTD AND ANOTHER v COMPETITION COMMISSION 2015 (5) SA 471 (CAC)
Competition - Promotion of competition—Prohibited practices—Abuse of dominance—Excessive pricing—Test—
Economic value—Reasonableness—Company with history of state support using import-parity pricing—Competition Act
89 of 1998, s 8(a).
Competition - Competition Tribunal—Expert evidence—Economic experts to refrain from testifying on legal matters—
Figures cited without clear and reasoned justification not constituting expert evidence.
ABSA BANK LTD v JANSEN VAN RENSBURG AND OTHERS 2015 (5) SA 521 (GJ)
Contract - Consensus—Mistake—Cannot be relied on to escape contract if due to own fault.
Agency and representation - Liability of principal for acts of agent—Principal instructing agent to bid up to R35 000—
Agent in panic bidding R125 000 and concluding sale—Whether principal bound.
BUSINESS PARTNERS LTD v WORLD FOCUS 754 CC 2015 (5) SA 525 (KZD)
Company - Winding-up—Application—Application an abuse of procedure—Section providing that company may prove
its damages, if court allows—Which court may allow—Companies Act 61 of 1973, s 347(1A).
FORTUIN v ROAD ACCIDENT FUND 2015 (5) SA 532 (GP)
Delict - Specific forms—Loss of support—Foster child—Whether child may claim for loss of support as result of
death of foster parent.
MINISTER OF RURAL DEVELOPMENT AND LAND REFORM v TSUPUTSE AND OTHERS 2015 (5) SA 537 (KZD)
Court - High Court—Jurisdiction—Matatiele magisterial district—KwaZulu-Natal Division and Local Division have
concurrent jurisdiction over.
FAIRHAVEN COUNTRY ESTATE (PTY) LTD v HARRIS AND ANOTHER 2015 (5) SA 540 (WCC)
Competition - Unlawful competition—Passing-off—Domain names—Whether registrant claiming exclusive use of name
linked to intellectual property of another guilty of delict of passing-off.
Intellectual property - Domain names—Exclusive right to use—Infringement—Registrant not enjoying exclusive use
merely by virtue of registration—Whether non-registrant enjoying exclusive use of domain name.
SALOOJEE AND ANOTHER v KHAMMISSA AND OTHERS NNO 2015 (5) SA 554 (GJ)
Company - Winding-up—Enquiry into affairs of company—Whether documents, compelled to be produced at enquiry
under s 417(3), protected from admission in later criminal proceedings by s 417(2)(c)—Companies Act 61 of 1973, ss
417(2)(c) and 417(3).
7
INDUSTRIAL HEALTH RESOURCE GROUP AND OTHERS v MINISTER OF LABOUR AND OTHERS 2015 (5) SA
566 (GP)
Labour - Occupational injuries—Workplace incident—Report of inquiry into incident—Access—Interested parties entitled
to access on request—Occupational Health and Safety Act 85 of 1993, s 32; Promotion of Access to Information Act 2 of
2000, s 46.
COUNCIL FOR MEDICAL SCHEMES AND ANOTHER v BONITAS MEDICAL FUND 2015 (5) SA 577 (GP)
Medicine - Medical aid—Medical aid scheme—Inspection order—Appealability—Not constituting ‘decision’ for purposes
of s 49(1) and accordingly not appealable—Medical Schemes Act 131 of 1998, s 44(4)(a) read with s 49(1).
MOGALE CITY v FIDELITY SECURITY SERVICES (PTY) LTD AND OTHERS 2015 (5) SA 590 (SCA)
Government procurement - Procurement process—Irregularities—Multiple flaws—Just and equitable remedy—Invalidity
suspended pending re-evaluation of bids where municipality would otherwise be deprived of essential service—Court
sounding warning to errant officials.
PHEKO AND OTHERS v EKURHULENI CITY 2015 (5) SA 600 (CC)
Attorney - Costs—Costs de bonis propriis—When to be awarded—Failing to notify registrar of change of address—
Obliged to do so by Constitutional Court Rules and Uniform Rules of Court—Not doing so grossly negligent—Punitive
costs order awarded to mark court’s displeasure—Constitutional Court Rules, rule 1(8); Uniform Rules of Court, rules 4,
4A and 16.
Contempt of court - Disobedience of court order—Attorney failing to communicate court order to client—Whether
attorney in contempt—Requisites for contempt restated—Service of order on attorney not established.
Contempt of court - Disobedience of court order—By organ of state—Municipality not complying with court order—
Requisites for contempt restated—Service of order on municipality’s attorney not established.
Local authority - Powers and duties—To comply with court orders—Joinder of specific parties ordered—Semble:
Executive mayor and municipal manager responsible for implementing court orders by virtue of their leadership roles.
Source: https://jutalaw.co.za
BILLS
UNEMPLOYMENT
INSURANCE AMENDMENT
BILL, 2015,
Notice of intention to introduce, explanatory summary
and memorandum on the objects of the Bill published for
comment
GG 39246 (02.10.15)
PROCLAMATIONS AND NOTICES
STATISTICS SOUTH
AFRICA
Consumer Price Index, Rate (Base Dec 2012 = 100):
August 2015: 4,6 published
GG 39252 (02.10.15)
MERCHANT SHIPPING ACT
57 OF 1951
Draft Maritime Labour Certificate and Declaration of
Compliance Regulations Merchant Shipping (Maritime
Labour Convention) Regulations, 2015 published for
comment
GG 39253 (02.10.15)
PENSION FUNDS ACT 24
OF 1956
Comment period on draft amendments to the Pension
Fund Regulations, 2015 (draft Default Regulations)
extended until 31 October 2015
MILITARY PENSIONS ACT
84 OF 1976
Amounts determined in terms of ss. 1 and 5 and GN
R667 in GG 37959 of 5 September 2014 withdrawn with
effect from 1 April 2014 [sic]
GG 39253 (02.10.15)
8
ATTORNEYS ACT 53 OF
1979
Fidelity Fund Regulations amended GG 39239 (30.09.15)
ALLIED HEALTH
PROFESSIONS ACT 63 OF
1982
Allied Health Professions Council of South Africa
(AHPCSA) and Professional Board: Homeopathy,
Naturopathy and Phytotherapy (PBHNP): Composition of
an inquiring body for the purposes of the institution of a
disciplinary inquiry into unprofessional conduct
determined in terms of Regulation 19 of the Regulations
published in GN R2610 in GG 8468 of 3 December 1982
GG 39243 (02.10.15)
SMALL CLAIMS COURTS
ACT 61 OF 1984
Establishment of small claims courts for the areas of
Albert and Midvaal published
GG 39248 (02.10.15)
Establishment of small claims courts for the areas of
Christiana, Warrenton and Hartswater and withdrawal of
GN 603 in GG 37889 of 8 August 2014 published
GG 39248 (02.10.15)
BANKS ACT 94 OF 1990
Designation of Ithala SOC Limited, a wholly owned
subsidiary of Ithala Development Finance Corporation
Limited, as an institution of which the activities do not fall
within the meaning of 'the business of a bank' for the
period 1 July 2015 to 30 June 2016 published and GN
320 in GG 38693 of 17 April 2015 substituted
GG 39252 (02.10.15)
AGRICULTURAL PRODUCT
STANDARDS ACT 119 OF
1990
Invitation to prospective assignees to carry out
inspections with respect to regulated freshvegetables,
fruits and flowers, grains and grain products, animal
products and processed products published in terms of s.
2 of the Act
GG 39252 (02.10.15)
OCCUPATIONAL HEALTH
AND SAFETY ACT 85 OF
1993
Driven Machinery Regulations, 2015 published in GN
R540 in GG 38905 of 24 June 2015 corrected
GG 39253 (02.10.15)
Incorporation of health and safety standard into the
Driven Machinery Regulations, 2015: National code of
practice for the training providers of lifting machine
operators published in GN R539 in GG 38904 of 24 June
2015 corrected
GG 39252 (02.10.15)
HIGHER EDUCATION ACT
101 OF 1997
Policy on the Minimum Norms and Standards for Student
Housing at Public Universities published
GG 39238 (29.09.15)
PRIVATE SECURITY
INDUSTRY REGULATION
ACT 56 OF 2001
Proposed amendments to Code of Conduct for Security
Service Providers, 2003 published for comment
GG 39242 (30.09.15)
Proposed amendments to Improper Conduct Enquiries
Regulations, 2003 published for comment
GG 39242 (30.09.15)
NATIONAL HEALTH ACT 61
OF 2003
Implementation Guideline of Health Workforce Normative
Guides and Standards for Fixed Primary Health Care
Facilities published
GG 39244 (02.10.15)
CRIMINAL LAW (SEXUAL
OFFENCES AND RELATED
Notice of draft Regulations relating to Sexual Offences
Courts, 2015 published for comment
GG 39240 (30.09.15)
9
MATTERS) AMENDMENT
ACT 32 OF 2007
SECTIONAL TITLES
SCHEMES MANAGEMENT
ACT 8 OF 2011
Draft Sectional Titles Schemes Management
Regulations, 2015 published for comment
GG 39247 (02.10.15)
COMMUNITY SCHEMES
OMBUD SERVICE ACT 9
OF 2011
Draft Regulations for the Community Schemes Ombud
Service, 2015 published for comment
GG 39247 (02.10.15)
Draft Regulations for Fees and Levies on Community
Schemes Ombud Service published for comment
GG 39247 (02.10.15)
PROVINCIAL LEGISLATION
Eastern Cape
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Delimitation of municipal
ward: Inxuba Yethemba Local Municipality (EC131)
published for comment
PG 3507 (29.09.15)
Municipal Demarcation Board: Variation and
confirmation of delimitation of municipal wards:
Buffalo City Metropolitan Municipality (BUF);
Blue Crane Route Local Municipality (EC102);
Makana Local Municipality (EC104);
Ndlambe Local Municipality (EC105);
Kouga Local Municipality (EC108);
Kou-Kamma Local Municipality (EC109);
Port St Johns Local Municipality (EC154);
Nyandeni Local Municipality (EC155);
Mhlontlo Local Municipality (EC156);
King Sabata Dalindyebo Local Municipality
(EC157);
Umzimvubu Local Municipality (EC442);
Mbizana Local Municipality (EC443); and
Nelson Mandela Bay Metropolitan Municipality
(NMA)
published
PG 3508 (28.09.15)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Nxuba Local Municipality: Rules of Order By-law 1 of
2014 published
PG 3512 (30.09.15)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Nxuba Local Municipality: Property Encroachment By-
law, 2014 published and previous by-laws repealed with
effect from a date determined by the municipality by
proclamation in the Provincial Gazette
PG 3512 (30.09.15)
RATIONALISATION OF
LOCAL GOVERNMENT
AFFAIRS ACT 10 OF 1998
AND LOCAL
GOVERNMENT:
Nxuba Local Municipality: Advertising Signs and
Hoardings By-law published with effect from 1
December 2001
PG 3512 (30.09.15)
10
MUNICIPAL SYSTEMS ACT
32 OF 2000
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS
ACT 32 OF 2000
Nxuba Local Municipality: Liquor Trading Hours By-
laws, 2014 published and previous by-laws repealed
PG 3512 (30.09.15)
Gauteng
HOSPITALS ORDINANCE
14 OF 1958 AND
HOSPITAL ORDINANCE
AMENDMENT ACT 4 OF
1999
Revision of the Uniform Patient Fee Schedule relating
to the classification of and fees payable by patients at
Provincial Hospitals (Folateng Wards) amended
PG 432 (02.10.15)
Limpopo
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Variation and
confirmation of delimitation of municipal wards:
Greater Giyani Local Municipality (LIM331);
Greater Letaba Local Municipality (LIM332);
Thabazimbi Local Municipality (LIM361);
Mogalakwena Local Municipality (LIM367);
Ephraim Mogale Local Municipality (LIM471);
and
Elias Motsoaledi Local Municipality (LIM472)
published
PG 2597 (28.09.15)
Amendment notice to Determination of number of
councillors of municipalities as published under GenN
367 in PG 2429 of 9 October 2014 published
PG 2599 (28.09.15)
Municipal Demarcation Board: Delimitation of municipal
wards:
Greater Tzaneen Local Municipality (LIM333);
Maruleng Local Municipality (LIM335);
Ba-Phalaborwa Local Municipality (LIM334);
and Makhuduthamaga Local Municipality
(LIM473)
published for comment
PGs 2600-2603
(29.09.15)
Transitional measures to facilitate the disestablishment,
establishment and incorporation of municipalities
published
PG 2607 & 2608
(02.10.15)
NATIONAL
ENVIRONMENTAL
MANAGEMENT:
PROTECTED AREAS ACT
57 OF 2003
Notice of intention to declare Swebeswebe;
Haenertsburg; and Mphaphuli as nature reserves
published for comment
PG 2609 (02.10.15)
11
Kwazulu-Natal
uMngeni Local Municipality
Policy for the Informal Economy and Tree Planting,
Felling and Pruning Policy published
PG 1500 (25.09.15)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS
ACT 32 OF 2000
uMngeni Local Municipality: Informal Economy and
Street Trading By-law published with effect from the
date of approval by the Council
PG 1500 (25.09.15)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Delimitation of municipal
wards:
uMngeni Local Municipality (KZN222) and
Impendle Local Municipality (KZN224)
published for comment
PGs 1502 & 1505
(29.09.15)
Municipal Demarcation Board: Variation and
confirmation of delimitation of municipal wards:
Ethekwini Metropolitan Municipality (ETH):
Ethekwini Metropolitan Municipality (ETH);
Umdoni Local Municipality (KZN212);
Umzumbe Local Municipality (KZN213);
uMuziwabantu Local Municipality (KZN214);
Hibiscus Coast Local Municipality (KZN216);
Msunduzi Local Municipality (KZN225);
Mkhambathini Local Municipality (KZN226);
Okhahlamba Local Municipality (KZN235);
(KZN238); Endumeni Local Municipality
(KZN241);
Msinga Local Municipality (KZN244);
eDumbe Local Municipality (KZN261);
AbaQulusi Local Municipality (KZN263);
Umhlabuyalingana Local Municipality
(KZN271);
Jozini Local Municipality (KZN272);
Mtubatuba Local Municipality (KZN275);
Mfolozi Local Municipality (KZN281);
uMhlathuze Local Municipality (KZN282);
uMlalazi Local Municipality (KZN284);
Mandeni Local Municipality (KZN291);
KwaDukuza Local Municipality (KZN292);
Ndwedwe Local Municipality (KZN293);
Maphumulo Local Municipality (KZN294);
Ubuhlebezwe Local Municipality (KZN434);
Umzimkhulu Local Municipality (KZN435); and
(KZN436)
published
PG 1503 (28.09.15)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Ingwe Municipality: 2015/2016 Property rates published
with effect from 1 July 2015
PG 1506 (29.09.15)
KWAZULU-NATAL AbaQulusi Municipality: Amended delegation of powers PG 1508 (30.10.15)
12
PLANNING AND
DEVELOPMENT ACT 6 OF
2008
published
KWAZULU-NATAL GAMING
AND BETTING ACT 8 OF
2010
KwaZulu-Natal Gaming and Betting Board: Betting
Rules 2015 and Schedule 1 to the Betting Rules 2015
published
PG 1509 (01.10.15)
NATIONAL ROAD TRAFFIC
ACT 93 OF 1996
Notice of registration of vehicle testing station of Durban
Test and Drive as a private Grade 'B' testing station
published with effect from 7 July 2015
PG 1510 (01.10.15)
Notice of deregistration of vehicle testing station of Test
and Drive Holdings (Pty) Ltd as a private Grade 'B'
testing station published with effect from 28 May 2015
PG 1510 (01.10.15)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
KwaZulu-Natal Regulations on the Participation and
Role of Traditional Leaders in Municipal Councils and
Municipalities, 2015 published
PG 1511 (02.10.15)
KWAZULU-NATAL GAMING
AND BETTING ACT 8 OF
2010
KwaZulu-Natal Gaming and Betting Board: Gaming
Rules, 2013 and Schedule 1 to the Gaming Rules, 2013
amended
PG 1512 (01.10.15)
Mpumalanga
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Variation and
confirmation of delimitation of municipal wards: Chief
Albert Luthuli Local Municipality (MP301) published
PG 2565 (28.09.15)
Municipal Demarcation Board: Delimitation of municipal
wards:
Emakhazeni Local Municipality (MP314);
Victor Khanye Local Municipality (MP311);
Emalahleni Local Municipality (MP312);
Steve Tshwete Local Municipality (MP313);
Dipaleseng Local Municipality (MP306);
Lekwa Local Municipality (MP305);
Msukaligwa Local Municipality (MP302); and
Dr Pixley Ka Isaka Seme Local Municipality
(MP304)
published for comment
PGs 2568-2572 &
2574-2576 (29.09.15)
MPUMALANGA GAMBLING
ACT 5 OF 1995
Mpumalanga Gambling Board: Mpumalanga Gambling
Rules amended with effect from 30 days after
publication
PG 2573 (29.09.15)
Northern Cape
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Variation and
confirmation of delimitation of municipal wards:
Emthanjeni Local Municipality (NC073);
Kai !Garib Local Municipality (NC082);
Tsantsabane Local Municipality (NC085);
Kgatelopele Local Municipality (NC086);
Sol Plaatjie Local Municipality (NC091);
PG 1956 (28.09.15)
13
Dikgatlong Local Municipality (NC092);
Magareng Local Municipality (NC093);
Phokwane Local Municipality(NC094);
Ga-Segonyana Local Municipality (NC452);
and
Gamagara Local Municipality (NC453)
published
North West
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Confirmation and
variation of determination of wards:
Moretele Local Municipality (NW371);
Madibeng Local Municipality (NW372);
Rustenburg Local Municipality (NW373);
Moses Kotane Local Municipality (NW375);
Ramotshere Moiloa Local Municipality
(NW385);
Mamusa Local Municipality (NW393);
Lekwa-Teemane Local Municipality (NW396);
and
Maquassi Hills Local Municipality (NW404)
published
PG 7541 (28.09.15)
Municipal Demarcation Board: Delimitation of municipal
wards:
Ratlou Local Municipality (NW381);
Ditsobotla Local Municipality (NW384);
Kagisano-Molopo Local Municipality (NW397);
Naledi Local Municipality (NW392);
Tswaing Local Municipality (NW382); and
Mafikeng Local Municipality (NW383)
published for comment
PGs 7542-7546 &
7548 (29.09.15)
DRAFT NORTH WEST
LEGISLATURE WITNESS
BILL, 2015
Published for comment PG 7547 (29.09.15)
Western Cape
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996
Matzikama Municipality: By-law on Municipal Land Use
Planning published with effect from the date that the
Western Cape Land Use Planning Act 3 of 2014 comes
into operation in the municipal area of the Municipality
PG 7495 (18.09.15)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Draft By-law on Municipal Land Use Planning published
for comment
PG 7496 (28.09.15)
MUSEUMS ORDINANCE 8
OF 1975
Establishment of the Cape Town Museum as a
Provincial Museum published
PG 7497 (24.09.15)
NATIONAL HERITAGE
RESOURCES ACT 25 OF
Draft Regulations (Heritage Western Cape) on the
Process for Publication of Statements of General Policy
PG 7497 (24.09.15)
14
1999 and Conservation Management Plans, 2015 published
for comment
Notice of Draft Policy on the identification and
conservation of initiation sites in the Western Cape
published
PG 7497 (24.09.15)
Declaration of Elandsberg Nature Reserve as a
Provincial Heritage Site published
PG 7497 (24.09.15)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996
Swartland Municipality: By-law relating the Rules for the
Conduct of Meetings published and By-law for the
Conduct of Meetings as published in PG 6199 of 14
January 2095 repealed
PG 7501 (02.10.15)
NATIONAL LAND
TRANSPORT ACT 5 OF
2009
Designation of an impoundment depot in Vredenburg
published
PG 7503 (02.10.15)
CONSTITION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
George Municipality: Property Rates By-law published
and Property Rates By-law as published under LAN
51458 in PG 7297 of 15 August 2014 repealed with
effect from 1 July 2015
PG 7503 (02.10.15)
UPCOMING EVENTS
LEAD SEMINARS
SEMINAR PRESENTER DATES
ADMINISTRATIVE
SCRUTINY: TENDERS
& LICENCING
Geo Quinot & Aadil Patel Cape Town: 15 October 2015
Durban: 16 October 2015
Midrand: 19 October 2015
5-DAY MEDIATION
TRAINING WORKSHOP
Experts in Mediation Polokwane: 19-23 October 2015
Bloemfontein: 26-30 October 2015
NATIONAL CREDIT
ACT
Frans Haupt Cape Town: 22 October 2015
Durban: 23 October 2015
DEBT COLLECTION
SEMINAR
Brett Bentley Durban: 3 November 2015
Cape Town: 6 November 2015
Johannesburg: 11 November 2015
Pretoria: 12 November 2015
Port Elizabeth: 17 November 2015
East London: 18 November 2015
Bloemfontein: 23 November 2015
CONSUMER
PROTECTION ACT
SEMINAR
Trudie Broekmann East London: 19 November 2015
Port Elizabeth: 20 November 2015
Craddock: 23 November
40-HOUR DIVORCE
MEDIATION COURSE
Mahomed Essack & Tracey-
Leigh Wessels
Pretoria: 9–13 November 2015
LSSA/IBA SEMINAR Busani Mabunda Johannesburg: 16 November 2015
15
For more information visit http://www.lssalead.org.za
'NEW FRONTIERS OF
LEGAL ETHICS FOR
YOUNG LAWYERS'
Richard Scott
Steven Richman IBA
Krish Govender
Prof Tana Pistorius
Freddy Mnyongani
Tshepo Shabangu
Nic Swart
Anurag Bana
ISLP COMMERCIAL
LAW
Craig O White, Steven C
Spronz, Reitumetse Jackie
Huntley, Linda Robinson and
Karen Wishart
Johannesburg: 19-23 October 2015
Johannesburg: 26-30 October 2015
ELECTORAL
DEMOCRACY AND
VOTER EDUCATION
Jeanne-Mari Retief
Amanda Vilakazi
Johannesburg: 20 October 2015
Cape Town: 22 October 2015
Durban: 18 November 2015
OPINION WRITING
PRACTICAL
APPLICATION
Mr Hussain SC Cape Town: 26 November 2015
Durban: 27 November 2015
Port Elizabeth: 30 November 2015
Johannesburg: 1 December 2015
Polokwane: 02 December 2015
Kimberley: 07 December 2015
Pretoria: 08 December 2015