Update on Proposed Laws

Updated: Jul 12

This article provides an overview on recent parliamentary bills and other draft bills. The information provided reflects the status of these Bills as at 21 June 2021.



Bills tabled in Parliament during 2021

The following Bills were introduced to Parliament during 2021:


1. Animals Protection Amendment Bill 1 of 2021

“To amend the Animals Protection Act, 1962, so as to insert a definition for ‘‘cosmetic’’; to provide for a new offence related to the testing of a cosmetic, or part of or ingredient of a cosmetic, on an animal; and to provide for matters connected therewith.”


2. Disaster Management Amendment 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.”


3. Division of Revenue Bill 3 of 2021 – this Bill has been approved by Parliament and is due to be signed by President. “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.”


4. 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.”


5. 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.”


6. 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.”


7. Railway Safety Bill 7 of 2021

“To provide for the regulation of railway safety in the Republic; to provide for the continued existence of the Railway Safety Regulator; to provide for the board and governance structures of the Railway Safety Regulator; to provide for railway safety permits; to provide for railway safety critical grades and safety management systems; to provide for a national railway safety information and monitoring system; to provide for a legal framework to enforce compliance with the Act and to deal with railway occurrences; to provide for an appeal mechanism; to provide for transitional arrangements and the repeal of the National Railway Safety Regulator Act, 2002; and to provide for matters connected therewith.”


8. Preservation and Development of Agricultural Land Bill 8 of 2021

“To provide that the Act applies to all agricultural land within the Republic; to provide principles for the management of agricultural land; to provide for agricultural land evaluation and classification; to provide for the preparation, purpose and content of provincial agricultural sector plans; to provide for the declaration of protected agricultural areas; to provide for the general objectives of agro-ecosystem management, agro-ecosystem authorisations, the listing and delisting of activities or areas within agro-ecosystems and the identification of competent authorities; to provide for the establishment of committees and the appointment of technical and other advisers to advise the Minister, MECs and competent authorities; to provide for a performance assessment framework; to provide for the establishment and management of the national agro-eco information system; to provide for appeal procedures; to provide for the appointment and functions of inspectors; to provide for contravention directives and the investigation and gathering of data on property; to provide for the delegation of powers; to enable the Minister to make regulations and determine norms and standards; to provide for offences and penalties; to provide for the amendment of the Subdivision of Agricultural Land Repeal Act, 1998 (Act No. 64 of 1998); and to provide for matters connected therewith.”


9. Gas Amendment Bill 9 of 2021

“To amend the Gas Act, 2001, so as to amend and insert certain definitions; to provide for the promotion of the orderly development of the gas industry; to enhance the national regulatory framework; to promote broad-based black economic empowerment; to provide for socio-economic and environmentally sustainable development; to provide for new developments and changing technologies in the gas sector; to facilitate gas infrastructure development and investment; to provide for cooperation between the private and public sectors in the gas industry; to strengthen enforcement and improve compliance; and to provide for matters connected therewith.”


10. Housing Consumer Protection Bill 10 of 2021

“To provide for the protection of housing consumers; to provide for the continuance of the National Home Builders Registration Council as the National Home Building Regulatory Council; to provide for the registration of homebuilders; to provide for the enrolment of homes in order to be covered by the home warranty fund; to provide for the regulation of the conduct of homebuilders; to provide for the continuance of the home warranty fund; to provide for claims against the fund; to provide for the funds of the Council and for the management of those funds; to provide for procurement and contractual matters in relation to the building of a home; to provide for the enforcement of this Act; to repeal the Housing Consumers Protection Measures Act, 1998; and to provide for matters connected therewith.”


11. Land Court Bill 11 of 2021

“To provide for the establishment of a Land Court and a Land Court of Appeal; to make provision for the administration and judicial functions of the Land Court and Land Court of Appeal; to make provision for budgetary matters; to provide for the exclusive jurisdiction of the Land Court and Land Court of Appeal for certain matters; to provide for mediation and arbitration procedures; to amend certain laws relating to the adjudication of land matters by other courts; and to provide for matters connected therewith.”


12. Criminal Procedure Amendment Bill 12 of 2021

“To amend the Criminal Procedure Act, 1977, so as to further regulate the publication of information which reveals or may reveal the identity of an accused, a witness or person against whom an offence has allegedly been committed who is under the age of 18 years; and to provide for matters connected therewith.”


Several other Bills tabled prior to 2021 are still in the Parliamentary progress. The progress of all the Bills currently before Parliament can be viewed at: https://pmg.org.za/bills/current/.


Draft Bills published with a notice of intention to be introduced to Parliament shortly


The following Bills have recently been published in the government gazettes together with a notice of intention to be introduced into Parliament:


Draft Agricultural Products Standards Amendment Bill

“The Bill seeks to amend the Agricultural Product Standards Act, 1990, so as to insert definitions and substitute others; to provide for auditing of a product for management control systems; to make provision for the setting of tariffs by assignees on cost recovery basis; to make further provisions for the Minister to make regulations pertaining to audit and management control systems; and to provide for matters connected therewith.”

GN443 GG 44603 p3 21May202


Draft Plant Health (Phytosanitary) Bill

“The Bill seeks to provide for phytosanitary measures to prevent the introduction, establishment and spread of regulated pests in the Republic; to provide for the control of regulated pests; to provide for regulation of the movement of plants, plant products and other regulated articles into, within and out of the Republic; and to provide for matters connected therewith.”

GN445 GG 44604 p3 21May2021


Draft Occupational Health and Safety Amendment Bill

Notice of intention to introduce into Parliament. Comments invited by 31 July 2021 (RGN447 GG 44610 p3 21May2021)

“To amend the Occupation Health and Safety Act, 1993, so as to delete, substitute and insert certain definitions; to effect certain technical corrections; to make further provision in respect of the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; to further regulate the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to further regulate the composition of an advisory council for occupation health and safety and to provide for matters connected therewith.”

RGN422 GG 44572 p111 14May2021


Draft Upstream Petroleum Resources Development Bill “The Bill provides the legislative and regulatory framework to create a conducive environment for investment, growth and job creation in the upstream of petroleum resources market. It also provides clarity on, amongst others, the application system; permits and rights issuing; transferability of the rights; participation by black persons; participation of the State; the transitional requirements and the strategic stock requirements for petroleum rights holders to sell a percentage of petroleum at prevailing market price to the State Petroleum Company.” - The Statement on the Cabinet Meeting of 12 May 2021.

The explanatory notice and notice of intention to introduce to Parliament were gazetted on 11 June 2021 under GN494 in GG 44694 (http://www.gpwonline.co.za/Gazettes/Gazettes/44694_11-06_MinResourEnergy.pdf )


Draft Bills published for comments in the Government Gazettes


Draft Firearms Control Amendment Bill

Comments invited within 45 days of publication.

GN437 GG 44593 p149 28May2021

According to The Statement on the Cabinet Meeting of 12 May 2021 the Bill provides for: “.. tighter controls and management of firearms and the establishment of the National Firearms Register. The changes will assist in reducing the number of firearms in private hands and consequently reduce incidents of violent crimes. The Bill also improves the processing, control of firearms and the application system.”


Draft Promotion of Equality and the Prevention of Unfair Discrimination Amendment Bill

Proposed amendments to the Act. Comments invited within 30 days of publication of this notice.

“2.1 The purpose of the Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill, 2021 (“the Bill”) is to address certain problems that have been identified with the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) (the Act), following a review process of the Act.

2.2 The first part of the Act, which deals with, among others, the prevention of equality through the equality courts in which complaints about discrimination are adjudicated. These sections are in operation and a few amendments are proposed in the Bill to improve the protection of complainants.

2.3 The second part of the Act, which deals with the promotion of equality by Organs of State and public and private bodies, is not yet in operation. This is due, in part, to the regulatory burden on placed on all sectors of society, both public and private. This was identified in a Regulatory Impact Assessment conducted by the National Treasury. The

Bill intends to address these challenges.”

· GenN143 GG 44402 p3 26Mar2021

http://www.gpwonline.co.za/Gazettes/Gazettes/44402_26-03_JusticeConDev.pdf

· GenN140 GG 44333 p21 26Mar2021

http://www.gpwonline.co.za/Gazettes/Gazettes/44333_26-03_NationalGovernment.pdf

· GenN141 GG 44333 p25 26Mar2021

http://www.gpwonline.co.za/Gazettes/Gazettes/44333_26-03_NationalGovernment.pdf


Draft Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill, 2021

Comments invited within 41 days of publication.

GN463 GG 44636 p20 28May2021

Gazette Notice: https://www.gov.za/sites/default/files/gcis_document/202106/44636gon463.pdf

Copy of Bill: http://www.policesecretariat.gov.za/downloads/POCDATARA_Bill/POCDATARA_BILL_2021.pdf

“The review seeks to align the South African legislative framework to international laws that seek to combat terrorism.

2.2. The UNSC Security Council adopted numerous additional resolutions to strengthen measures to combat global terrorism. Member states have an obligation to domesticate these measures.

2.3. The amendments clarify some of the definitions in the Act and add additional offences, particularly on people who depart, in transit or arrive in any country for the purpose of joining or supporting terrorist groups. It prohibits publications with terrorist-related content. The amendments also respond to the gaps that were highlighted by the UN Counter Terrorism Executive Directorate.” This is according to the Statement on the Cabinet Meeting of 12 May 2021.


Draft Public Administration Management Amendment Bill

Comments invited within 30 days of publication.

“The draft Bill seeks to amend the Public Administration Management Act, 2014 (Act No 11 of 2014) so as to further provide for the transfer and secondment of employees; to provide clarification regarding the prohibition against employees doing business with the State; to provide for the establishment of the National School of Government; to provide for the removal of employment disparities across the public administration; to provide for the co-ordination of the mandating process for collective bargaining in the public administration; and to provide for matters connected therewith.”

GenN187 GG 44417 p3 6Apr2021


Draft Public Service Amendment Bill

Comments invited within 30 days of publication.

“The draft Bill seeks to amend the Public Service Act, 1994 (Proclamation 103 of 1994) to provide for the devolution of administrative powers from executive authorities to heads of department; to augment the role of the Director-General in the Presidency to support the President; to provide for a mechanism to deal with the recovery of overpayments of remuneration and benefits; to clarify the role of the Public Service Commission in respect of grievances; to clarify the role of the President and the Premier in respect of the appointment and career incidents of heads of departments.”

GenN186 GG 44415 p3 6Apr2021


South African Postbank SOC Ltd Amendment Bill

“To amend the South African Postbank Limited Act, 2010, so as to provide for the incorporation of the Postbank Division of the South African Post Office; to provide for the transfer of the enterprise of that Division to the postbank company; to provide for the governance and functions of the postbank company; to provide for the establishment and shareholding arrangements for the South African Postbank SOC Limited through the creation of a bank controlling company in terms of the Banks Act, 1990; and to provide for matters connected therewith.”.”

Comments invited within 30 days of publication.

GenN115 GG 44266 p3 12Mar2021

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