Legal Information Update: 22 – 26 February 2021


The Lexinfo Attorney Alert, dated 26 February 2021, featured references to several new parliamentary and draft bills, judgments, law firm articles, gazette notices and journal articles published in latest issues of Paddocks Press and Tydskrif vir die Hedendaagse Romeins-Hollandse Reg. A brief selection of highlights are here below.



Parliamentary Bills


Appropriation Bill 4 of 2021

“To appropriate money from the National Revenue Fund for the requirements of the State for the 2021/22 financial year; to prescribe conditions for the spending of funds withdrawn for the 2022/23 financial year before the commencement of the Appropriation Act for the 2022/23 financial year; and to provide for matters incidental thereto.”

View here.


Disaster Management Bill 2 of 2021

“To amend the Disaster Management Act, 2002, so as to amend the duration of a state of disaster; to provide that any action taken as a result of a declaration of a state of disaster is only effective prospectively; to further provide that only the National Assembly, a provincial legislature or a council of a municipality may resolve to extend a national, provincial or local state of disaster respectively, and to provide for the duration of the extension; to further provide for the requisite majorities required in the National Assembly, provincial legislature and council of a municipality in order to extend a national, provincial or local state of disaster respectively; to provide that a resolution to extend a national, provincial or local state of disaster, as the case may be, may only be adopted after a public debate in the respective legislatures; to provide for oversight by the National Assembly and provincial legislature over a national or provincial state of disaster, respectively; to amend the provisions dealing with the lapsing of a national, provincial or local state of disaster and the termination of the regulations and by-laws made in terms of it, as the case may be; and to provide for matters connected therewith.”

View here.

Division of Revenue Bill 3 of 2021

“To provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2021/22 financial year; the determination of each province’s equitable share; allocations to provinces, local government and municipalities from national government’s equitable share; the responsibilities of all three spheres pursuant to such division and allocations; and to provide for matters connected therewith.”

Click here to view.


Ease of Doing Business Bill 6 of 2021

To provide for the assessment of regulatory measures developed by the Executive, members and committees of Parliament and self-regulatory bodies, so as to consider the socio-economic impact of regulatory measures, including the detection and reduction of red tape and the cost of red tape for businesses; to provide for the establishment of an administrative unit to assist the Executive, members of Parliament, committees of the Houses and self-regulatory bodies in the regulatory impact assessment process and to prepare regulatory impact statements; to provide for assistance to businesses in overcoming red tape and other challenges; to provide for the functions and powers of the administrative unit; to provide for mapping of legislation, regulatory impact assessments and the preparation of regulatory impact statements; to provide for exemptions; to provide for the evaluation of existing regulatory measures by the Executive and self-regulatory bodies; and to provide for matters incidental thereto.”

View here.


Special Appropriation Bill 5 of 2021

“To appropriate an additional amount of money to votes of Health and Social Development; to effect an adjustment to an appropriation of money to the vote of Public Enterprises; and to provide for matters connected therewith.”

Click here to view.


Draft Bills published for Comments


Draft Financial Sector Levies Bill, 2021

“To provide for the imposition of financial sector levies on supervised entities; to provide for exemption from such levies under certain circumstances; to provide for the allocation of amounts levied to financial sector bodies; and to provide for matters connected therewith.”

Comments invited by 31 March 2021.

Read here.


Draft Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2021

“To fix the rates of normal tax; to amend the Income Tax Act, 1962, so as to amend rates of tax and monetary amounts; to amend the Customs and Excise Act, 1964, so as to amend rates of duty in Schedule 1 to that Act; to insert new tariff items; to delete tariff items; to delete rebate items; to insert rebate items; to amend the Carbon Tax Act, 2019, so as to amend rate of tax; to amend the Rates and Monetary Amounts and Amendment of Revenue Laws Act, 2020, so as to provide for corrections; and to provide for matters connected therewith.”

Comments invited by 31 March 2021.

View Draft bill.


New publication


Bradlow, Daniel D. and Sidiropoulos. Elizabeth (eds). Values, Interests and Power: South African foreign policy in uncertain times. Pretoria University Law Press (PULP), 2020.

ISBN: 978-1-920538-85-9

Download here.

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