Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin` 9 of 2018 Period: 02 March 2018 – 09 March 2018
IMPORTANT NEWS
SUBDIVISION OF AGRICULTURAL LAND ACT 70 OF 1970
Certain properties have been excluded from the provisions of the Act iro the following municipalities:
• Franshoek, Klapmuts, Lamotte, Lyndoch, Pniel, Languedoc, Kylemore, Raithby, Wemmershoek and Stellenbosch, Stellenbosch Local Municipality, Western Cape; • Tlokwe Local Municipality, North West; • City of Cape Town Metro Municipality, Western Cape; • Abbotsdale, Mooreesburg, Ongegund, Riebeek-Kasteel and Yzerfontein, Swartland Local Municipality, Western Cape; • KwaDukuza Municipality, KwaZulu-Natal; • Mandeni, Umswathi Municipality, KwaZulu-Natal; • Richmond, Impendle Municipality, KwaZulu-Natal; • Umgeni Local Municipality, KwaZulu-Natal, Witbank, Emalahleni Local Municipality, Mpumalanga, Mpofana Local Municipality, KwaZulu-Natal and Mkhambathini Local Municipality, KwaZulu-Natal; and • City of Matlosana Local Municipality, North West and Makhado Local Municipality, Limpopo
Source: Government Gazette 41473, 2 March 2018
IMPORTANT NOTICE FOR INSOLVENCY PRACTITIONERS
The Insolvency Steering Committee of the Master’s Office issued a notice that as from the 01 April 2018 the Masters Offices will no longer accept copies, emails or faxes of requisitions lodged. All Requisitions lodged must be Original.
The section 9(3) security will also be increased to R30 000-00 as from the 01 April 2018.
Source: The SARIPA Education, Training and Development Committee
MORE AMENDMENTS TO POLICY HOLDER PROTECTION RULES
Draft amendments to the long and short-term insurance policy holder protection rules released for comment include conduct of business requirements for micro-insurance products. According to an accompanying statement, once in force the amendments will also align each set of rules with the 2017 Insurance Act; and provide for certain conduct-of- business-related requirements under the Long and Short-term Insurance Acts pending their repeal.
Source: Legalbrief Today, 05 March 2018
HLOPHE PUNTS MEDIATION AHEAD OF LITIGATION
Western Cape Judge President John Hlophe said political disputes did not belong in courts unless there was a serious violation of rights, reports News24. Political disputes were spoiling SA's jurisprudence, he said. 'They shouldn't be there. When we find for them (politicians) we are clever, when we find against them, we are fools,' added Hlophe. Speaking at a social justice conference in Paarl, Hlophe said he was a strong lobbyist for mediation, which he believed could be more efficient than litigation in certain cases. It could prevent opponents from being litigated out of pocket just to make a point, and the irreparable harm to relationships that some court cases caused. Hlophe said even the Marikana massacre, which started as a dispute over wages, could have been avoided with proper mediation if SA had an effective mediation system as well developed as China's. Hlophe said mediation was such a valuable method of resolving disputes that all judges in the Western Cape would be going on mediation training later this month. He was already finding success in mediating matters in chambers, particularly in drawn out RAF cases. He said the Department of 2
Health was also planning to make mediation a compulsory first step to settle medical negligence claims – the second largest number of civil cases in court after RAF cases. Hlophe said medical malpractice cases took years, when actually, all the patient wanted was an apology, compensation for pain and suffering, or repayment of lost wages. Hlophe cautioned against litigating out of pride, or 'to teach your neighbour a lesson'. If mediation was compulsory, he said, parties would be able to find each other. Mediator Laurie Greyvenstein said junior mediators charged around R500 an hour, and more senior mediators about R1 200 an hour, which was much cheaper than litigation.
Source: Legalbrief Today, 07 March 2018
MUNICIPALITY CRACKS DOWN ON PUBLIC NUISANCE
KZN South Coast residents face hefty fines or jail terms for a range of municipal offences in terms of a new nuisance and behaviour in public places bylaw implemented by the Ray Nkonyeni Municipality, says Times Select. In terms of the bylaw, which came into effect on 1 January, and covers the towns of Hibberdene, Margate, Port Edward, Port Shepstone and Southbroom, residents are prohibited from hanging their washing in public on fences, walls, balconies or verandas, and those caught relieving themselves in public, spitting, performing sexual acts, begging, appearing nude, drinking alcohol or being intoxicated and taking drugs will face fines of up to R25 000 or jail time. Furthermore, the bylaw prohibits people from lying or sleeping on a bench, seating place, street or sidewalk in a way that prevents others from using it. Residents are also not allowed to start or burn fires unless they are for the purpose of making a braai in permitted areas. Slaughtering of animals for cultural purposes, except in a free-standing residential property out of sight of the public and with written consent from the municipality, has also been banned, as has noise-making, littering and skating. Sleeping in a stationary motor vehicle except in an emergency, or residing in a motor vehicle for longer than 24 hours unless that person does so for resting after a long journey after using that vehicle, is also outlawed. The municipality's head of department for public safety, Sibusiso Nzimande, said their action plan was to get maximum enforcement of the by-law. He said since 1 January, in Margate alone more than 150 arrests of sex workers were recorded, and many arrests for drinking in public were made. Notices will be issued to buildings where washing was hung out.
Source: Legalbrief Today, 07 March 2018
OFFICIALS TO LOSE SAME-SEX MARRIAGE REFUSAL OPTION?
If a draft Civil Union Amendment Bill gazetted for comment comes into force, Department of Home Affairs marriage officers will lose the right to object to solemnising same-sex civil unions on the grounds of conscience, religion, or belief – as provided for in section 6 of the principal statute. According to a memorandum on the draft Bill’s objects, not only does this provision fly in the face of the 1961 Marriage Act; it also violates section 9(3) of the Constitution (equality). The proposed new statute was initiated by Cope MP Deidre Carter and lodged with National Assembly Speaker Baleka Mbete towards the end of January.
Source: Legalbrief Today, 07 March 2018
JSE LISTING REQUIREMENT AMENDMENTS
Once in force, proposed amendments to the JSE’s listing requirements recently released for comment will give the institution discretionary powers in respect of ‘any form of restricted transferability’ envisaged by an applicant issuer. ‘Issuer trading with restrictive transferability provisions’ is apparently ‘not a concept foreign to the JSE’, which has applied the model to its ‘black economic empowerment segment’ with the support of the legislation concerned.
Source: Legalbrief Today, 07 March 2018
JUDGE SCATHING OF CCMA'S SEXUAL ASSAULT RULING
A Labour Court judge was scathing of a CCMA commissioner who re-instated a mine engineer who was sacked after sexually harassing a colleague, says TimesLIVE. The 'misogynistic, patriarchal and insensitive' approach of commissioner Josias Maake was 'beyond comprehension' said Judge Edwin Tlhotlhalemaje, scrapping the re- instatement of Rustenburg Platinum Mines engineering specialist Steve Pietersen. He also overturned the order that Pietersen should get R576 000 in back pay. Pietersen was fired after a boilermaker reported that for eight years he had asked her for sex at least twice a month. Tlhotlhalemaje said Maake's approach to Pietersen's successful appeal to the CCMA, supported by the trade union United Association of SA, highlighted the need for commissioners to receive urgent training on sexual harassment cases in light of the various anti-abuse campaigns on the go. Tlhotlhalemaje said Pietersen's sexual harassment began at a company braai in 2007 when he suggested that if she slept with him he could help with her expenses. Later, he suggested they go on a training course so they could sleep together, and told her he 3
could help her to be promoted in return for sex. Maake's ruling said Pietersen's words did not amount to sexual harassment and 'at best, they appear to depict a love proposal'. 'Surely there can never be anything untoward for an employee to be attracted to a co-employee ... and to accordingly propose love.' Tlhotlhalemaje said he was shocked and horrified by Maake's words, adding a workplace should not ordinarily be confused as a 'find me love sanctuary or lonely hearts club'. Tlhotlhalemaje ordered the union to pay Rustenburg Platinum Mines' costs.
Source: Legalbrief Today, 08 March 2018
PAYROLL DEDUCTIONS SYSTEM REFORMS MOOTED
A payroll deductions system consultation paper developed by the South African Reserve Bank in liaison with National Treasury was released for comment. According to an accompanying media statement, it focuses on the collection of payments associated with financial products and services, seeking to protect affected employees from the ‘predatory or unfair lending and/or selling practices’ apparently often associated with both discretionary and voluntary payroll deductions in respect of: home, motor vehicle and ‘other types of personal loans’; and savings product and insurance premium deductions. This notwithstanding, the paper also seeks to safeguard the role played by payroll deductions in lowering the credit risk to financial product or services providers making legitimate collections – in turn facilitating access to a broader range of financial services ‘at reasonable rates’.
Source: Legalbrief Today, 08 March 2018
STRENGTHENED FILMS, PUBLICATIONS BILL WITH NCOP
More than three months after being adopted by the National Assembly’s Communications Committee, a ‘B’ version of the 2015 Films and Publications Amendment Bill has been endorsed by the House and referred to the NCOP. With the overarching objective of strengthening existing legislation protecting children from exposure to adult content, the Bill now provides for the establishment of an enforcement committee. It is to be tasked with investigating, adjudicating and eventually reporting to the appropriate authorities ‘all cases referred to it by the Board … in respect of non-compliance with any provision of the Act by a distributor, exhibitor or any other person to whom the Act applies’ – with certain exceptions.
Source: Legalbrief Today, 09 March 2018
RECOMMENDED READING
Personal information leaks: Understanding your legal rights, by K Blom and D Vale of Webber Wentzel, www.polity.org.za, March 2018
Can an individual and/or heir who is not resident in the Republic apply to be an executor in a deceased estate? by C Vengadajellum of SchoemanLaw Inc, www.polity.org.za, March 2018
Unable to write (signing of POA by Commissioner of Oaths necessary?), by D Lee, http://www.ghostdigest.com, March 2018
RECENT SUPREME COURT OF APPEAL JUDGMENTS
JOHN WALKER POOLS v CONSOLIDATED AONE TRADE & INVEST 6 (PTY) LTD (IN LIQUIDATION) & ANOTHER (245/2017) [2018] ZASCA 12 (8 MARCH 2018)
Application for leave to appeal – whether proposed appeal would have any practical effect or result – such to be determined without reference to costs, save under exceptional circumstances – appeal in this case would have no practical effect because applicant’s alleged right of occupation in ejectment proceedings expired in September 2017 – no exceptional circumstances justifying appeal on costs.
Costs - application for leave to appeal – proposed appeal becoming moot during pendency of application in Supreme Court of Appeal – duty of litigants to make reasonable proposals inter se on costs to avoid need for court’s intervention – appropriate in present case to consider merits of application to determine costs – proposed appeal enjoying no prospects of success on merits – applicant ordered to pay costs.
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WAYMARK INFOTECH v ROAD TRAFFIC MANAGEMENT CORPORATION (440/2017) [2018] ZASCA 11 (6 March 2018)
Interpretation of ss 66 and 68 of the Public Finance Management Act 1 of 1999: contract for the procurement of professional services did not constitute a future financial commitment.
MAQEBHULA v THE STATE (284/17) [2018] ZASCA 10 (5 March 2018)
Application for leave to appeal against dismissal by high court of petition for leave to appeal against conviction and sentence by regional court – relevant test whether applicant has reasonable prospects of success – no such prospects in present case.
Source: http://www.justice.gov.za/sca/
SOUTH AFRICAN INDUSTRIAL LAW REPORTS – FEBRUARY 2017
PUBLIC SERVICE EMPLOYEES — RECOVERY OF OVERPAYMENTS
The Constitutional Court has found s 38(2)(b)(i) of the Public Service Act (Proc 103 of 1994), which provides for the recovery of erroneous overpayments of remuneration, to be unconstitutional. It held that the section, which allows the deduction of incorrect payments without due process or the employee’s knowledge or without agreement, permitted unfettered self-help in violation of the legality principle in s 1(c) of the Constitution 1996 (Public Servants Association on behalf of Ubogu v Head of the Department of Health, Gauteng & others; Head of the Department of Health, Gauteng & another v Public Servants Association on behalf of Ubogu at 337).
BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997 — PREGNANT EMPLOYEES
In Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd (at 415) the Labour Court found that the employer mine’s policy providing for extended unpaid maternity leave if suitable alternative risk-free work was not available for a pregnant employee working in a high-risk area complied with the provisions of s 26(2) of the Basic Conditions of Employment Act 75 of 1997. The court also found that the policy did not discriminate unfairly on the grounds of pregnancy or race against such employees in contravention of the Employment Equity Act 55 of 1998.
PENSION FUNDS
The Constitutional Court has upheld the validity of the KwaZulu-Natal pension fund regulations, which provide for the compulsory membership by local authorities and their employees of four KZN pension/provident funds (Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) & others at 311).
DISMISSAL — DEEMED DISMISSAL OF PUBLIC SERVICE EMPLOYEE
The public service employee had been absent without authorisation for a period exceeding one month and when he returned he was allowed to resume work and was remunerated for a period of 11 months before the employer invoked the provisions of s 17(3)(a) of the Public Service Act (Proc 103 of 1994). The Labour Appeal Court found that, in accepting the employee’s tender of performance and remunerating him on his return to work, the employer implicitly reinstated the employee. Following his reinstatement, the employer was not entitled to rely on the deemed dismissal provision in s 17(3)(a) to indicate that the employee’s employment had been terminated by operation of law (Ramonetha v Department of Roads & Transport, Limpopo & another at 384).
DISMISSAL — UNPROTECTED STRIKE ACTION
In SA Commercial Catering & Allied Workers Union & others v Sun City (at 436) the Labour Court upheld the dismissal of three shop stewards by Sun City for their participation in an unprotected strike. It found that the employees could not justify their conduct on the basis that Sun City had not done enough in relation to employee complaints relating to the conduct of the Gupta family and their guests at a wedding held at Sun City — that issue had already been dealt with by Sun City when the employees later embarked on deliberate strike action aimed at causing major disruption and embarrassment to Sun City. The court also found that Sun City had not acted capriciously when it only dismissed the three shop stewards and not other shop stewards who also participated in the unprotected strike — the others had not been identified and there was no evidence against them.
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DISMISSAL — FOREIGN EMPLOYEE WITHOUT WORK PERMIT
In Sithole v Metal & Engineering Industries Bargaining Council & others (at 472) the Labour Court confirmed that, although s 38(1) of the Immigration Act 13 of 2002 prohibits the employment of foreigners who do not have valid work permits, s 38(1) does not shield an employer who knowingly or unknowingly employs a person in breach of s 38(1) from the legal consequences of terminating such employee’s contract of employment.
DISMISSAL — RACIST COMMENTS ON FACEBOOK
In African Meat Industry & Allied Trade Union on behalf of Makhoba and Clover SA (Pty) Ltd (at 477) a CCMA commissioner upheld the dismissal of an employee who posted a comment on a Facebook page calling for all white people to be killed. The commissioner found that the comment constituted a serious offence and that, although it occurred outside the workplace, the employer had a sufficient and legitimate interest to discipline the employee.
DISMISSAL — ATTEMPTED MURDER
In National Union of Metalworkers of SA on behalf of Khumalo & others and Artav Steel (Pty) Ltd (at 496) a bargaining council arbitrator, relying on direct and circumstantial evidence which supported a finding of guilt of the three employees, upheld their dismissal for engaging in a plot to kill their supervisor.
DISCIPLINARY PENALTY
Where an employee had been dismissed after she engaged in an aggressive public altercation with the sales representative of a competitor who criticised the products of her employer, a CCMA commissioner found that the sanction of dismissal was not appropriate in the circumstances (Theunissen and Unilever SA (Pty) Ltd at 484). Similarly, in Mthembu and Key Vehicle Management (at 490), a bargaining council arbitrator found that the dismissal of an employee who had used dagga during working hours was not appropriate. He found that the employer’s disciplinary code did not have a zero-tolerance approach to the use of dagga; that the courts were moving towards social tolerance of the personal use of dagga; and that the employee had shown remorse.
LOCAL AUTHORITY — MUNICIPAL MANAGER’S POWERS
The Labour Court has found that, although a municipal manager does not require a resolution of the municipal council to depose to a founding affidavit in litigation on behalf of the municipality, a resolution of the council — or in the absence of a resolution, written delegation — is required to authorise the municipal manager to institute litigation on behalf of the municipality (Magodongo v Khara Hais Municipality & others at 406).
COMPENSATION
In Billion Group (Pty) Ltd v Mosheshe & others (at 368) the Labour Appeal Court confirmed that, where a fixed-term contract has been terminated before its expiry, the award of compensation is limited to the remainder of the contract term.
In Gordon v J P Morgan Equities SA (Pty) Ltd & others (at 393) the Labour Court found that a CCMA commissioner had properly exercised his discretion when he did not award compensation to an unfairly dismissed employee who did not ask for compensation.
REVIEW OF CCMA AND BARGAINING COUNCIL ARBITRATION AWARDS
In Gordon v J P Morgan Equities SA (Pty) Ltd & others (at 393) the Labour Court found that the CCMA commissioner had not denied the employee of a fair hearing when she fell asleep during the arbitration proceedings — her momentary lapse in concentration had not been prejudicial to the employee.
REVIEW OF PRIVATE ARBITRATION AWARDS
The Labour Court has confirmed that the test for review of private arbitration awards is that set out in Telcordia Technologies Inc v Telkom SA Ltd 2007 (3) SA 266 (SCA). By agreeing to private arbitration, the parties are limited to the grounds for review set out in s 33(1) of the Arbitration Act 42 of 1964; and the legal principles applicable to reviews in terms of s 145 and s 158(1)(g) of the LRA 1995 are not applicable (SA Police Service v Erasmus & another at 460).
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PRACTICE AND PROCEDURE
In Minister of Public Service & Administration & another v Public Servants Association on behalf of Makwela & others (at 376) the Labour Appeal Court confirmed that a party wishing to be joined in legal proceedings must have a direct and substantial interest to be a ‘necessary’ or ‘affected’ party or must have a legal right at stake in the dispute. It found that, in the matter before it where the minister applied for the rescission of an award in terms of s 144 of the LRA 1995, the award had not been erroneously granted as the minister, in whose absence it was granted, was not a necessary or affected party.
The Labour Court has found that, where a deponent did not sign an affidavit in full on the last page, but merely initialled every page in the presence of the commissioner of oaths, the affidavit complied substantially with the Regulations Governing the Administering of an Oath or Affirmation (Magodongo v Khara Hais Municipality & others at 406).
Source: www.legalbrief.co.za
BILLS
DRAFT CIVIL UNION Published for comment GG 41475 (01.03.18) AMENDMENT BILL, 2018
PROCLAMATIONS AND NOTICES
DEPARTMENT OF Notice of publication for comment of Revised White GG 41469 (28.02.18) TRANSPORT Paper on National Transport Policy (RWPNTP) and notice of consultation workshops published
Notice of publication for comment of draft Roads Policy GG 41479 (02.03.18) for South Africa published for comment
MERCHANDISE MARKS Proposed prohibition on the use of the ZA Cap logo, GG 41473 (02.03.18) ACT 17 OF 1941 South African Airways logo and Ekurhuleni Metropolitan Municipality logo published for comment
INCOME TAX ACT 58 OF Determination of the daily amount in respect of meals GG 41473 (02.03.18) 1962 and incidental costs for purposes of s. 8 (1) (a) (i) (bb) in respect of the year of assessment commencing 1 March 2018 published
Determination of the rate per kilometre in respect of motor vehicles for the purposes of s. 8 (1) (b) (ii) and (iii) published in respect of years of assessment commencing on or after 1 March 2018
Section 12I Tax Allowance Programme: Application approved
LONG-TERM INSURANCE Notice of publication of proposed amendments to the GG 41473 (02.03.18) ACT 52 OF 1998 Policyholder Protection Rules (PPRs) published for comment
INCOME TAX ACT 58 OF Notice prescribing the date by which an employer must GG 41473 (02.03.18) 1962, UNEMPLOYMENT render a return published INSURANCE CONTRIBUTIONS ACT 4 OF 2002 & SKILLS DEVELOPMENT LEVIES ACT 9 OF 1999
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SUBDIVISION OF Exclusion of land from the application of the Act in: GG 41473 (02.03.18) AGRICULTURAL LAND ACT 70 OF 1970 • Franshoek, Klapmuts, Lamotte, Lyndoch, Pniel, Languedoc, Kylemore, Raithby, Wemmershoek and Stellenbosch, Stellenbosch Local Municipality, Western Cape;
• Tlokwe Local Municipality, North West;
• City of Cape Town Metro Municipality, Western Cape;
• Abbotsdale, Mooreesburg, Ongegund, Riebeek- Kasteel and Yzerfontein, Swartland Local Municipality, Western Cape;
• KwaDukuza Municipality, KwaZulu-Natal;
• Mandeni, Umswathi Municipality, KwaZulu- Natal;
• Richmond, Impendle Municipality, KwaZulu- Natal;
• Umgeni Local Municipality, KwaZulu-Natal, Witbank, Emalahleni Local Municipality, Mpumalanga, Mpofana Local Municipality, KwaZulu-Natal and Mkhambathini Local Municipality, KwaZulu-Natal; and
• City of Matlosana Local Municipality, North West and Makhado Local Municipality, Limpopo published
HEALTH PROFESSIONS Health Professions Council of South Africa: Annual fees GG 41473 (02.03.18) ACT 56 OF 1974 payable by registered practitioners published and BN 10 in GG 40625 of 17 February 2017 repealed with effect from 1 April 2018
ROAD TRANSPORTATION Western Cape Ministry of Transport and Public Works: GG 41476 (01.03.18) ACT 74 OF 1977 Notice of intention to institute extraordinary measures in a declared area regarding taxi violence in the Langa area published for comment
RULES BOARD FOR Declaration of districts and sub-districts for GG 41468 (28.02.18) COURTS OF LAW ACT 107 implementation of Chapter 2 of the Rules Regulating the OF 1985 Conduct of the proceedings of the Magistrates' Courts of South Africa regarding mediation published with effect from 1 April 2018
AGRICULTURAL PRODUCE Rules in respect of Livestock Agents, 2017 published GG 41473 (02.03.18) AGENTS ACT 12 OF 1992
CONSTITUTION OF THE Department of Justice and Constitutional Development: DOJ & CD media REPUBLIC OF SOUTH statement (28.02.18) AFRICA, 1996 Extension of comment period on proposed amendment to the Constitution redetermining the geographical areas of the provinces of the Eastern Cape, KwaZulu-Natal, the 8
North West and the Northern Cape published for comment in GN 1310 in GG 41276 of 24 November 2017 from 28 February 2018 to 31 March 2018 published
MARKETING OF Request for the continuation of statutory measures GG 41473 (02.03.18) AGRICULTURAL related to levies, registration and records and returns in PRODUCTS ACT 47 OF the red meat published for comment by directly affected 1996 groups
HIGHER EDUCATION ACT Minimum Admission requirements for Higher Certificate, GG 41473 (02.03.18) 101 OF 1997 Diploma and Bachelor's Degree programmes requiring a Senior Certificate amended and designated list of subjects revoked
Notice of publication for comment of draft revised GG 41463 (23.02.18) Language Policy for Higher Education
NATIONAL WATER ACT 36 Reserve determination of water resources for the GG 41473 (02.03.18) OF 1998 Olifants-Doorn catchments published
NATIONAL Draft Generic Environmental Management Programme GG 41473 (02.03.18) ENVIRONMENTAL (EMPr) for the Development and Expansion for MANAGEMENT ACT 107 Overhead Electricity Transmission and Distribution OF 1998 Infrastructure published for comment
Draft Generic Environmental Management Programme (EMPr) for the Development and Expansion of Substation Infrastructure for the Transmission and Distribution of Electricity published for comment
Gauteng Provincial Environmental Management Framework Standard, 2018 (GPEMF Standard, 2018) and Appendices published with effect from 60 days from date of publication
MEDICAL SCHEMES ACT Council for Medical Schemes: Registered medical GG 41473 (02.03.18) 131 OF 1998 schemes published and GenN 147 in GG 40639 of 24 February 2017 replaced
NATIONAL NUCLEAR Fees for nuclear authorisations payable to the Regulator GG 41473 (02.03.18) REGULATOR ACT 47 OF for the period 1 April 2017 to 31 March 2018 published 1999
SOUTH AFRICAN Proposed regulations regarding fees for the provision of GG 41464 (27.02.18) WEATHER SERVICE ACT 8 aviation meteorological services published for comment OF 2001
ELECTRONIC Independent Communications Authority of South Africa GG 41477 (02.03.18) COMMUNICATIONS ACT 36 (ICASA): OF 2005 Notice of public hearings on the Draft Number Portability Regulations, 2017 published for comment in GN 1309 in GG 41275 of 24 November 2017 published
Expiry of Individual Electronic Communications Network GG 41473 (02.03.18) Services (I-ECNS) and Individual Electronic Communications Services (I-ECS) Licences issued to Blue IQ Investment Holdings published 9
NATIONAL REGULATOR Proposed compulsory specification for polymer film for GG 41473 (02.03.18) FOR COMPULSORY damp-proofing and waterproofing in buildings published SPECIFICATIONS ACT 5 for comment
OF 2008
Compulsory Specification for Hydraulic Brake and Clutch Fluid VC 8013 amended with effect from six months after publication
COMPANIES ACT 71 OF Companies and Intellectual Property Commission GG 41473 (02.03.18) 2008 (CIPC):
Notice that digital reporting of annual financial statements (AFS) will be required using Extensible Business Reporting Language (XBRL) and that the current mechanism of submission of annual financial statements in PDF is to be discontinued with effect from 1 July 2018 published
Practice Notice 6 of 2011 revised regarding the detail required for registration of external companies
Notice of introduction of new online filing method for changes to authorised shares as per form COR15.2 published
FINANCIAL MARKETS ACT Proposed amendments to the JSE Listing Requirements: GG 41473 (02.03.18) 19 OF 2012 Transferability of Securities published for comment
PROVINCIAL LEGISLATION
Eastern Cape
EASTERN CAPE GENERAL Date of commencement: 26 February 2018 PG 4003 (26.02.18) LAW AMENDMENT ACT 4 OF 2017 Repeals: Cultural Institutions Decree 23 of 1990 (Ciskei), Pounds Act 43 of 1984 (Ciskei) and Pounds Ordinance 18 of 1938
ADJUSTMENTS Date of commencement: 26 February 2018 PG 4003 (26.02.18) APPROPRIATION ACT (EASTERN CAPE) 5 OF 2017
Gauteng
DRAFT GAUTENG Published for comment PG 49 (27.02.18) INDUSTRY TRANSFORMATION REGULATORY AUTHORITY BILL, 2018
GAUTENG PUBLIC Draft Regulations relating to Norms and Standards for PG 50 (28.02.18) LIBRARY AND Public Library and Information Services in the Gauteng INFORMATION SERVICES Province, 2018 published for comment ACT 5 OF 2014
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SPATIAL PLANNING AND City of Johannesburg Metropolitan Municipality: PG 52 (28.02.18) LAND USE MANAGEMENT ACT 16 OF 2013 Notice of two draft policies: 'Nodal review' and 'Inclusionary Housing Incentives, Regulations and Mechanisms' published for comment
Kwazulu-Natal
CORRECTION NOTICE TO As published under PN 127 in PG 1910 of 21 December PG 1931 (01.03.18) TRANSFER OF FUNDS TO 2017 published MUNICIPALITIES
GREATER KOKSTAD Published PG 1931 (01.03.18) LOCAL MUNICIPALITY: SPATIAL PLANNING AND LAND USE MANAGEMENT AMENDMENT BY-LAW, 2017
SPATIAL PLANNING AND eThekwini Local Municipality: PG 1932 (01.03.18) LAND USE MANAGEMENT ACT 16 OF 2013 Notice of Draft Spatial Development Framework 2018- 2019 published for comment
Mpumalanga
LOCAL GOVERNMENT: Mpumalanga Province Consolidated Annual Municipal PG 2903 (02.03.18) MUNICIPAL SYSTEMS ACT Performance Report for the 2015/16 financial year 32 OF 2000 published
CONSTITUTION OF THE Municipal Structures Act 117 of 1998: City of Mbombela PG 2903 (02.03.18) REPUBLIC OF SOUTH Local Municipality: Standing Rules of Order of Council AFRICA, 1996 AND LOCAL published GOVERNMENT
MPUMALANGA Date of commencement: 1 March 2018 PG 2905 (01.03.18) ADJUSTMENTS APPROPRIATION ACT 3 OF 2017
Northern Cape
NORTHERN CAPE Date of commencement: 12 February 2018 PG 2167 (26.02.18) ADJUSTMENT APPROPRIATION ACT 2 OF 2017
LOCAL GOVERNMENT: Northern Cape Municipal Consolidated Statement: 2nd PG 2167 (26.02.18) MUNICIPAL FINANCE Quarter ending 31 December 2017 of the 2017/18 MANAGEMENT ACT 56 OF municipal financial year published 2003
Western Cape
DISASTER MANAGEMENT Extension of the declaration of a provincial state of PG 7882 (21.02.18) ACT 57 OF 2002 drought disaster in the Western Cape for one month from 24 February 2018 to 23 March 2018 published
Extension of declaration of a provincial state of disaster PG 7883 (23.02.18) 11
as a result of the magnitude and severity of the fires and storms in the Western Cape for one month from 1 March 2018 to 31 March 2018 published
Stellenbosch Local Municipality: Extension of declaration PG 7883 (23.02.18) of a local state of drought disaster from 20 March 2018 to 20 April 2018 published
LOCAL GOVERNMENT: Drakenstein Local Municipality: Notice of intention to PG 7883 (23.02.18) MUNICIPAL SYSTEMS ACT adopt new Zoning Scheme and draft Zoning Scheme By- 32 OF 2000 AND law published for comment WESTERN CAPE LAND USE PLANNING ACT 3 OF 2014
SEMINARS
LEAD SEMINARS DATES PRESENTER
MEDIATION CIVIL Nelspruit 09-13 April 2018 To be announced Cape Town 23-25 April & 03-04 May 2018 Durban 14-16 & 21-22 May 2018 East London 04-08 June 2018 Port Elizabeth 28-31 May & 01 June 2018 Pretoria 21-23 & 25-26 June 2018 Midrand 09-13 July 2018 Bloemfontein 13-17 August 2018
CONSUMER PROTECTION Kimberley 19 March 2018
MEDIATION DIVORCE Durban 16-20 April 2018 Pretoria 18-20 & 23-24 July 2018 Johannesburg 11-13 & 19-20 June 2018 Cape Town 25-29 June 2018 Bloemfontein 02-06 July 2018 Port Elizabeth 27-31 August 2018 East London 03-07 Sept 2018 Midrand 10-12 & 17-18 Sept 2018
THE LEGAL ENTREPRENEUR Midrand 12-13 April 2018 Cilna Steyn Cape Town 08-09 May 2018 Ignaz Fuesgen Ben Groot Jane Appasamy
EVICTION AND RENTAL East London 19 April 2018 Elize le Roux RECOVERY Port Elizabeth 20 April 2018 Bloemfontein 14 May 2018 Durban 15 May 2018 Cape Town 29 May 2018
JUDICIAL SKILLS TRAINING Eastern Cape 8 April - 13 April 2018 To be announced
CYBERSECURTY Cape Town 10 April 2018 Corien Vermaak Durban 17 April 2018 Karina Malapane Gavin McLachlan Sizwe Lindelo Snail ka 12
Mtuze
LAND CLAIM Midrand 11 May 2018 Khanyisa Mogale
MEDICAL LAW (Online) 5 March 11 May 2018
RISK MANAGEMENT (Online) 5 March 11 May 2018
For more information, co ntact the Knowledge Centre or visit www.lssalead.org.za