Six new Acts published in the government gazettes on 1 June 2021

Updated: Jun 4

The following Acts were published on 1 June 2021:

Cybercrimes Act 19 of 2020

“To create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes; to provide for the establishment of a designated Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations to report cybercrimes; to provide for capacity building; to provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes; to delete and amend provisions of certain laws; and to provide for matters connected therewith.”

Commencement date: To be proclaimed.

GenN324 GG 44651 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44651gon324.pdf


Correctional Services Amendment Act 7 of 2021

To amend the Correctional Services Act, 1998, so as to amend a certain definition; to insert, delete and amend certain provisions related to parole of offenders; and to provide for matters connected therewith.”

Commencement date: To be proclaimed.

GN323 GG44650 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44650gon323.pdf


Electoral Laws Amendment Act 4 of 2021

“To amend the—

· Electoral Commission Act, 1996, so as to insert certain definitions; to streamline the provisions for the registration of political parties; to provide for the registration of parties in respect of particular provinces, district and metropolitan municipalities and to repeal provisions relating to registration of parties in respect of particular local municipalities; to repeal obsolete provisions;

· Electoral Act, 1998, so as to insert certain definitions; to delete the provisions regarding public access to the voters’ roll; to update references to repealed legislation; to amend provisions allowing voters to vote in a voting district where they are not registered; to amend provisions relating to the submission of lists of candidates; to amend provisions relating to special votes in elections for the National Assembly; to amend provisions relating to the procedure concerning provisional results and voting materials; to provide for the limited applicability of the Code; to amend Schedule 3; and

· Local Government: Municipal Electoral Act, 2000, so as to insert and delete certain definitions; to amend the requirements for parties contesting elections by way of party lists and for a ward candidate to contest elections; to authorise the Commission to prescribe a different voting procedure for those voters whose names appear on the voters’ roll, without addresses; to amend provisions relating to the effect of certain irregularities, and to provide for matters connected therewith.”

Commencement date: To be proclaimed.

GN321 GG 44648 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44648gon321.pdf


Local Government: Municipal Structures Amendment Act 3 of 2021

“To amend the Local Government: Municipal Structures Act, 1998, so as to insert, delete and amend certain definitions; to remove all references to district management areas; to remove all references to plenary executive system as a type of municipality; to provide for a minimum of 10 councillors per municipality; to amend the deviation threshold; to provide for the prohibition of a councillor who was found guilty of a breach of the Code of Conduct for Councillors for a period of two years; to clarify the date of assumption of office by a councillor; to allow for extension on the declaration of the result of an election; to require the municipal manager to inform the MEC for local government in the province in addition to the Electoral Commission of ward vacancies; to provide that the MEC call and set the date for by-elections; to clarify who can inform the municipal manager of a specific vacancy; to allow the MEC to designate a person to call and chair a meeting of the municipal council when the speaker, acting speaker or municipal manager refuses to call the meeting; to provide for additional functions of the speaker; to provide for a whip of municipal council; to clarify the formula for the composition of an executive committee; to provide for the establishment of a municipal public accounts committee; to provide for the resolution of a situation where excessive seats may arise from the seat calculation in local municipalities; to amend the timeframe for the municipal manager to inform the chief electoral officer of vacancies; to allow for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so; to clarify the supplementation of party lists for local municipalities; to provide for the resolution of multiple seats which may arise where a candidate qualifies to be elected to more than one seat; to clarify the supplementation of party lists for district municipalities; to provide for a Code of Conduct for Councillors; to provide for transitional arrangements in respect of municipalities with a plenary executive system; and to provide for matters connected therewith.”

Commencement date: To be proclaimed

GN320 GG 44647 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44647gon320.pdf


Recognition of Customary Marriages Amendment Act 1 of 2021

“To amend the Recognition of Customary Marriages Act, 1998, so as to further regulate the proprietary consequences of customary marriages entered into before the commencement of the said Act; and to provide for matters connected therewith.”

Commencement date: 1 June 2021

GN319 GG 44646 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44646gon319.pdf


Upgrading of Land Tenure Rights Amendment Act 6 of 2021

“To amend the Upgrading of Land Tenure Rights Act, 1991, so as to provide for the application for conversion of land tenure rights to ownership; to provide for the notice of informing interested persons of an application to convert land tenure rights into ownership; to provide for an opportunity for interested persons to object to conversion of land tenure rights into ownership; to provide for the institution of inquiries to assist in the determination of land tenure rights; to provide for application to court by an aggrieved person for appropriate relief; to provide for the recognition of conversions that took effect in good faith in the past; and to provide for matters connected therewith.”

Commencement date: To be proclaimed.

GN322 GG 44649 p1 1Jun2021

https://www.gov.za/sites/default/files/gcis_document/202106/44649gon322.pdf



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