Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 48 of 2017 Period: 17 November 2017 – 24 November 2017
IMPORTANT NEWS & CIRCULAR
THE LAST BULLETIN FOR 2017 & OFFICES CLOSED FOR THE HOLIDAYS
The last Bulletin for the year will be Bulletin 49 on 11 December 2017 . The Bulletin service will recommence on 8 January 2018.
Please note that the offices of Phatshoane Henney Attorneys will be closed from 13:00 on 22 December 2017 and will re-open at 08:00 on 2 January 2018 .
From the Knowledge Centre, we wish everyone a happy and peaceful holiday season and everything of the best for 2018.
AMENDMENT OF THE HIGH COURT RULES
Please note the following important amendments to the High Court Rules, which shall come into effect on 22 December 2017 :
• Substitution of rule 46 (Execution immovable property); • Insertion of rule 46A (Execution against residential immovable property); • Substitution of Form 21 (Conditions of sale in execution of immovable property); • Insertion of Form 2A (Notice of application to declare immovable property executable ito Rule 46A); • Insertion of Form 20A (Notice of attachment in execution); • Insertion of Form 21A (Notice to cancel the sale of immovable property ito Rule 46(11).
Source: GG 41257 (17.11.17)
AMENDMENT OF THE MAGISTRATES’ COURT RULES
Please note the following important amendments to the Magistrates’ Court Rules, which will come into effect on 22 December 2017 :
• Amendment of the Table of Contents; • Substitution of rule 43 (Execution against immovable property); • Substitution of rule 43A (Execution against residential immovable property); • Insertion of rule 43B (Enforcement of foreign civil judgments), • Amendment of various forms.
Source: GG 41257 (17.11.17)
MAGISTRATES’ RETIREMENT OPTIONS TO BE BROADENED
Provisions in section 24 of the 2017 Judicial Matters Amendment Act due to come into effect on 1 December 2017 will not change the retirement age of magistrates, but will instead offer them the option of continuing to serve until they are 70, reports Legalbrief Policy Watch.
2
Legalbrief Policy Watch article of the 28 November 2017 failed to mention that the official retirement age of a magistrate prescribed under section 13 of the 1993 Magistrates’ Act (dealing with vacation of office and discharge) will not in itself be affected by the amendment. However, should a magistrate wish to continue serving after having turned 65, from 1 December he/she may be allowed to do so on the understanding that the authorities concerned were notified in good time. It is anticipated that this may go some way towards retaining institutional knowledge and experience in the magistrates’ courts.
Source: Legalbrief, 29 November 2017
JUSTICE ADMINISTERED ACT IN FORCE NEXT APRIL
From 1 April 2018 , all maintenance money, bail money, and money paid to the courts in terms of court orders or any other law will be held in separate accounts under a single fund – as provided in the 2017 Justice Administered Fund Act.
Source: Legalbrief, 27 November 2017
FARM DWELLER INCOME THRESHOLD TO BE RAISED
Comment is sought by 24 December 2017 on a draft amendment to regulations under the 1997 Extension of Security of Tenure Act – seeking to raise the monthly income threshold of a farm or peri-urban land dweller protected by the statute from R5 000 to R13 625 , reports Legalbrief Policy Watch. This is noting that the rights of people earning above the threshold and living on a farm or peri-urban land with the consent of its owner or person in charge are excluded from protection under the Act should that consent be withdrawn.
Source: Legalbrief, 29 November 2017
BILL GIVES ADOPTING PARENTS EQUAL LEAVE RIGHTS
Adopting parents will soon get up to 10 weeks’ leave if the Labour Laws Amendment Bill is approved. A Cape Argus report notes the proposed law allows for adopting parents, including same-sex couples, to get 10 weeks off from work as opposed to taking family responsibility leave or annual leave. Adoption of the Bill will mean that employers will be forced to treat maternity and paternity leave exactly the same for adoptive parents. Labour lawyer Michael Bagraim said the Bill applied to parents adopting children under the age of two. He said that before, the labour laws did not recognise adopting parents’ and same-sex-marriage rights. ‘One of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for parental leave of 10 days.’
Source: Legalbrief, 27 November 2017
MINIMUM WAGE, LRA, BCEA BILLS TABLED IN PARLIAMENT
The suite of Bills drafted to give practical effect to ground-breaking labour market agreements in the National Economic Development and Labour Council has been tabled in Parliament – a week before the end of a surprisingly short public commentary period. According to a Department of Labour media statement this month, once in force, the proposed new legislation will introduce a national minimum wage, along with measures expected to promote ‘labour stability’ and strengthen collective bargaining. It will be interesting to see what, if any, explanation is given for having invited stakeholder input on Bills already approved by Cabinet for introduction in Parliament – but gazetted as explanatory summaries, with a call for written submissions. Were they draft Bills, requiring further consultation – or are they already a fait accompli, subject to a technical tweak here and there?
Source: Legalbrief, 27 November 2017
MORE INPUT SOUGHT ON SEXUAL OFFENCES COURTS REGULATIONS
Draft regulations on the basic and more long-term requirements of sexual offences courts have been revised and released for further public input. In addition to prescribing basic physical facilities, equipment and devices, the revised draft regulations spell out requirements in respect of a raft of services, including: socio-psychological and psychiatric support; debriefing for staff and members of the judiciary; interpretation; and witness complaints. Monitoring the sentences imposed with a view to identifying patterns that could guide presiding officers dealing with these sensitive issues is not seen to be a priority.
Source: Legalbrief, 27 November 2017 3
‘DEBT RELIEF’ BILL OUT FOR COMMENT
Comment is sought by 15 January 2018 on a draft National Credit Amendment Bill prepared by the National Assembly’s Trade and Industry Committee with the aim of promoting ‘a change in the borrowing and spending habits’ of over- indebted South Africans. Proposing substantive amendments to sections of the Act providing for debt intervention applications, their evaluation, orders arising, measures prescribed and their effect, the draft Bill also includes provisions significantly strengthening instruments already in place for curbing reckless lending. A more comprehensive list of credit- related behaviour deemed to be an offence on the part of providers is proposed – and where such an offence is committed by a company, it is mooted that every director or prescribed officer ‘knowingly … party to the contravention’ should be ‘subject to the provisions of … (the) Act and any other law’.
Source: Legalbrief, 27 November 2017
OFFENDER DNA SAMPLING LAWS TO BE STRENGTHENED
The 2013 Criminal Law (Forensic Procedures) Amendment Act is to be strengthened, with the aim of addressing the ‘unwillingness’ of Schedule 8 offenders in prison at the time of its commencement to provide buccal samples – with obvious implications for the usefulness of the national forensic DNA database (SAnews). Sub-section 7(7) (transitional arrangements) allowed the authorities concerned until January to complete this task, which they have been unable to do.
Source: Legalbrief, 01 December 2017
FINANCIAL SECTOR CHARTER IMPLEMENTATION TO BE MONITORED
The National Assembly’s (NA’s) Standing Committee on Finance intends monitoring progress in implementing key proposals in its financial sector transformation report, which was adopted by the House. Deemed ‘reasonably practicable’ and of ‘more general significance’ to a ‘substantial number’ of participants in parliamentary hearings held during March and May, the recommendations include a restructured Financial Sector Council – perceived to be largely responsible for ‘inadequate’ progress in transforming the industries concerned. According to the report, ‘there should be sanctions for the subjective failings of individuals’, while the Department of Trade and Industry and its National Assembly committee should ‘more rigorously’ hold the council and more recently established B-BBEE Commission to account for their respective failings in this regard. Proposals in the report that could eventually prompt amendments to B-BBEE and financial sector legislation include: ‘major punitive fines’ for failing to achieve charter targets, on the understanding that these should not be passed onto consumers by way of increased fees; charter compliance as a licensing precondition; ‘proportional’ market entry requirements and more ‘appropriate’ minimum standards, with the aim of supporting the growth of informal sector entities such as stokvels into larger, formal sector players; and a regulatory framework for money remittance service providers that are ‘not necessarily banks’, with the aim of facilitating their access to the ‘payment system’.
Source: Legalbrief, 30 November 2017
NEW FORUM TO TACKLE MONEY LAUNDERING, TERROR FUNDING
The Justice and Finance Ministries will set up an inter-departmental forum to improve efforts in combating money laundering and terrorist financing. TimesLIVE reports that the new forum will replace the Counter Money Laundering Advisory Council (CMLAC) and aims to improve the quality of consultation for the implementation of the Financial Intelligence Centre Act. Finance Minister Malusi Gigaba said while the CMLAC had played a significant role in the drafting of the initial regulations of the Act when it was first enacted in 2003, it was not effective as a forum for implementation. The mandate of the new forum is to promote discussion, collaboration and co-ordination between the relevant law enforcement agencies, government departments and regulatory authorities to ensure that authorities are more effective in implementing both the spirit and letter of the complete legal framework against money laundering and terrorist financing. Gigaba added that a separate consultative structure to facilitate engagements with accountable institutions in the private sector was being established. In this regard, a banking sector unit has also been established. A consultation document for public input on the new consultation mechanisms has been published. These consultations would be monitored until a formalised structure was put into place, said Gigaba.
Source: Legalbrief, 29 November 2017
4
NO WRITE-OFF OF E-TOLL DEBT – MINISTER
Transport Minister Joe Maswanganyi has dismissed speculation that his department was considering writing off billions of rand in e-toll debt in Gauteng. A Business Day report says Sanral is now owed close to R9.2bn in unpaid fees with the default bill said to be growing at R230m every month. Maswanganyi was replying to questions from MPs, following the release of Sanral’s annual report, in which Auditor-General Kimi Makwetu said non-compliance would affect Sanral’s status as a going concern. Maswanganyi said Sanral was considering an impairment of part of the debt and any decision to write off tolling debt or to abandon the user-pays system would have to be taken at Cabinet level. ‘The e-toll debt has not been written off and there is no intention (to do so). Sanral has applied accounting treatment to impair R3.6bn of the debt. The e-tolls will not be scrapped on the basis of impairment and any future decision on the matter will be decided and discussed by Cabinet.’ According to the report, EFF MP Tilivhali Mulaudzi said it was absurd for the government to cling to the e-tolling system with compliance levels as low as they were. He queried the sanity of embracing a system that Gauteng motorists had rejected.
Source: Legalbrief, 30 November 2017
CHIEF REGISTRAR’S CIRCULAR NO 11 OF 2017 – CONVERSION FROM PUBLIC COMPANY INTO A PRIVATE COMPANY AND CHANGE OF NAME CONCERNING AFGRI OPERATIONS (PTY) LTD
Afgri Operations Ltd (Registration Number 1995/005872/06) has been converted, in terms of the provisions of the Companies Act 71 of 2008, from a public company into a private company, and changed its name and is now known as Afgiri Operations (Pty) Ltd (Registration Number 1995/005872/07), with effect from 1 October 2015 .
Please contact the Knowledge Centre for a copy of above circular
RECOMMENDED READING
Diplomatic law: Service of process on foreign defendants , by Riaan de Jager, De Rebus, Dec 2017
What do you call practising attorneys trading as estate agents? , by Maartens Heynike, De Rebus, Dec 2017
Personal stressors and legal practice: Your firm needs a plan, by Thomas Harban , De Rebus, Dec 2017
Whether to invest in junior attorneys or not ?, by Emmie de Kock , De Rebus, Dec 2017
Overview of air quality regulatory developments , by Alecia Pienaar, De Rebus, Dec 2017
The rise of Bitcoin and other cryptocurrencies, by Jason de Mink , De Rebus, Dec 2017
Why the need for confidentiality on the content of Suspicious Transaction Reports?, by Nkateko Nkhwashu, De Rebus, Dec 2017
Tax court resolves age-old problem , by Ernest Mazansky of Werksmans Attorneys, www.polity.org.za, Nov 2017
Proposed overhaul of the Financial Provisioning Regulations of 2015 , by Garyn Rapson and Kirsty Kilner of Webber Wentzel, www.polity.org.za, Nov 2017
Various amendments on the Taxation Laws Amendment Bill, 2017 , by Joon Chong and Craig Miller and Darren Roy of Webber Wentzel, www.polity.org.za, Nov 2017
Constitutional Court decides in State Information Technology Agency SOC Limited/Gijima Holdings case , by Sonia de Vries and Terrick McCallum of Baker McKenzie, www.polity.org.za, Nov 2017
Industry-wide price uniform pricing practices in South Africa - a possible contravention of competition law , by Nick Altini, Partner of Baker McKenzie, www.polity.org.za, Nov 2017 Interdicting disciplinary proceedings: The Labour Court provides guidance on what may constitute exceptional circumstances , by Tracy Robbins of Baker McKenzie, www.polity.org.za, Nov 2017
No Water, No Work – Must Employees Be Paid?, by Jan Truter of LabourWise, www.polity.org.za, Nov 2017
5
RECENT CONSTITUTIONAL COURT JUDGMENTS
COURT RULES FOR WOMEN IN PRE-1998 POLYGAMOUS MARRIAGES
RAMUHOVHI AND OTHERS v PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS (CCT194/16) [2017] ZACC 41 (30 NOVEMBER 2017)
The Constitutional Court has confirmed that a law which governs matrimonial property in customary marriages is unconstitutional, says a TimesLIVE report. Section 7(1) of the Recognition of Customary Marriages Act (RCMA) of 1998 provides that wives who entered into customary marriages before the Act was passed do not have marital property rights. In this case Musenwa Netshituka‚ who died in 2008‚ had entered into polygamous customary marriages with three women and two civil marriages with two other women. The major asset in the deceased’s estate was immovable property. Two biological children‚ whose mothers had entered into the polygamous marriage‚ launched the constitutional challenge. They argued that due to the application of section 7(1) of the RCMA‚ their mothers were excluded from ownership of the estate. In a unanimous judgment written by Justice Mbuyiseli Madlanga‚ the court said the effect of section 7(1) was that it perpetuated inequality between husbands and wives in the case of marriages entered into before the 1998 Act. ‘The situation of wives in pre-Act polygamous customary marriages is one of lack of ownership and control of property within the marriage. In new polygamous customary marriages‚ the proprietary regime is either: governed by a court-sanctioned contract in the conclusion of which wives participate as equal partners with the husband; or out of community of property and of profit and loss‚’ Madlanga said. He said this discrimination limited the right to human dignity of wives in pre-Act polygamous customary marriages. Madlanga gave Parliament 24 months to remedy the defect in the legislation. He said pending the change in the legislation‚ husbands and wives whose polygamous customary marriages were concluded before the Act must share equally in the right of ownership to family property. The court said its order did not invalidate a winding up of a deceased estate which had been finalised or the transfer of marital property that had been effected.
Source: Legalbrief, 01 December 2017
DLADLA AND ANOTHER v CITY OF JOHANNESBURG AND OTHERS (CCT124/16) [2017] ZACC 42 (1 DECEMBER 2017)
Temporary housing accommodation — constitutionality of Shelter rules — requirement that residents leave during day — prohibition on opposite-sex partners living together — Shelter rules unlawfully limited sections 10, 12 and 14 of the Constitution.
MUNICIPAL EMPLOYEES PENSION FUND v NATAL JOINT MUNICIPAL PENSION FUND (SUPERANNUATION) AND OTHERS (CCT260/16) [2017] ZACC 43 (1 DECEMBER 2017)
Pension funds — right to association — constitutional challenge to validity of regulations creating pension funds — municipalities’ rights and authority in relation to local government matters.
Source: http://www.saflii.org/za/cases/ZACC/2017/
RECENT SUPREME COURT OF APPEAL JUDGMENTS
RED CORAL INVESTMENTS (PTY) LTD v CAPE PENINSULA UNIVERSITY OF TECHNOLOGY (498/2017) [2017] ZASCA 152 (22 NOVEMBER 2017)
Condonation application – pleadings – exception – National Student Financial Aid Scheme Act 56 of 1999 precluding oral agreement between NSFAS and service provider directly or through agent on behalf of NSFAS – exception correctly upheld by high court – no prospects of success – condonation application dismissed with costs.
CARNEIRO v S (1040/2016) [2017] ZASCA 154 (24 NOVEMBER 2017)
Criminal law and procedure – application for leave to appeal against appeal court striking off application for leave to appeal against its order in terms of the Superior Court Act 10 of 2013 – application for leave to appeal pending at promulgation of Act 10 of 2013 – Act not only regulating procedural issues but substantive rights as well – prospective only – applicable legislation Supreme Court Act 59 of 1959.
6
SAYED AND OTHERS v S (530/2017) [2017] ZASCA 156 (24 NOVEMBER 2017)
Condonation and reinstatement of lapsed appeal – explanation for delay in lodging notice of appeal and appeal record inadequate – delay extreme and explanation unacceptable – condonation refused – special plea of autrefois acquit and application to stay prosecution - no prospect of success – conduct of judicial officer - must be seen to be independent and impartial and treat persons with civility and courtesy – referred to Magistrate’s Commission.
MINISTER OF DEFENCE AND MILITARY VETERANS AND ANOTHER v MAMASEDI (622/2017) [2017] ZASCA 157 (24 NOVEMBER 2017)
Defence Act 42 of 2002 – Section 59(3) – deemed dismissal of member after absence of 30 days – re-instatement of member on good cause shown – board of enquiry making recommendation to Chief of SANDF not to re-instate member – member not given opportunity to participate in proceedings of board of enquiry, contrary to s 102 of Act – decision of Chief of SANDF not to re-instate member correctly set aside by court below on account of procedural unfairness – order of re-instatement of member incorrectly made and set aside.
DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG v PISTORIUS (950/2016) [2017] ZASCA 158 (24 NOVEMBER 2017)
Criminal law and procedure – murder – appeal against sentence arising from conviction of murder dolus eventualis – sentence of six years' imprisonment inappropriate – Increased to 13 years and 5 months' imprisonment on appeal.
ROAD ACCIDENT FUND v MOHOLO (882/2016) [2017] ZASCA 159 (24 NOVEMBER 2017)
Delict – dependant’s action – claim by deceased’s aunt – de facto adoption – deceased owed her duty of support – claimant sufficiently indigent to enforce duty.
HMI HEALTHCARE CORPORATION (PTY) LIMITED v MEDSHIELD MEDICAL SCHEME AND OTHERS (1213/2016) [2017] ZASCA 160 (24 NOVEMBER 2017)
Application for rescission – whether applicant an affected party as contemplated in Rule 42(1)(a) of the Uniform Rules of Court – whether rescission appealable.
ELECTORAL COMMISSION OF SOUTH AFRICA v CAPE PARTY AND OTHERS (1233/2017, 1268/2017) [2017] ZASCA 161 (27 NOVEMBER 2017)
Application for leave to appeal to this court from Electoral Court in matters involving municipal elections - leave granted - objections in one matter not material - in the other incorrect conclusions of fact - appeals upheld - Electoral Commission decisions confirmed.
MATHIBELA v S (714/2017) [2017] ZASCA 162 (27 NOVEMBER 2017)
Application for condonation – late filing of and reinstatement of lapsed appeal – inadequacy of explanation - delay unreasonable and would result in inordinate miscarriage of justice - no prospects of success – application dismissed.
MINISTER OF RURAL DEVELOPMENT AND LAND REFORM v NORMANDIEN FARMS (PTY) LTD AND OTHERS, MATHIBANE AND OTHERS v NORMANDIEN FARMS (PTY) LTD AND OTHERS (370/2017) [2017] ZASCA 163 (29 NOVEMBER 2017)
Civil procedure – application for condonation and reinstatement by appellants in Case 370/2017 (‘occupants’) granted in interests of justice despite egregious non-compliance with rules relating to heads of argument.
Contempt of court – occupants failed to establish beyond reasonable doubt that respondent (‘Normandien’) in contempt of appellate process – contempt application, including related postponement application, dismissed. Land reform – whether Minister has power under Land Reform: Provision of Land and Assistance Act 126 of 1993 to make land available solely for purposes of grazing – court a quo erred in compelling Minister to exercise permissive powers in favour of occupants – Minister’s appeal succeeds.
7
Environmental law – Normandien had standing to seek removal of occupants’ livestock on land overgrazed in violation of Conservation of Agricultural Resources Act 43 of 1983 (CARA) – labour tenants not exempt from CARA – removal of animals in terms of CARA not an eviction for purposes of Land Reform (Labour Tenants) Act 3 of 1996 – occupants’ appeal dismissed.
Costs – Biowatch principle applicable to costs in court a quo and on appeal as between Minister and Normandien, ie parties to bear their own costs.
Costs – no grounds for interfering in court a quo order that occupants pay Normandien’s costs on punitive scale.
Costs – occupants’ application for condonation and reinstatement necessitated by joint failings by attorneys and counsel – contempt and postponement application an abuse having no substantive merit – attorneys ordered personally to pay Normandien’s costs of opposing said applications on attorney/client scale – attorneys and counsel precluded from recovering fees from occupants in respect of these applications.
Appeals – practice – papers in opposed interlocutory applications to be indexed and paginated.
SEPTOO OBO SEPTOO AND ANOTHER v ROAD ACCIDENT FUND (058/2017) [2017] ZASCA 164 (29 NOVEMBER 2017)
Delict – action for damages – loss of support – dependant's action – breadwinner died as a result of own negligence – single vehicle accident – wrongfulness not established against the Road Accident Fund – appeal dismissed.
PAN AFRICAN MINERAL DEVELOPMENT COMPANY (PTY) LTD AND OTHERS v AQUILA STEEL (S AFRICA) (PTY) LTD (179/2017) [2017] ZASCA 165 (29 NOVEMBER 2017)
Mineral and Petroleum Resources Development Act 28 of 2002 – s16 read with Item 8 of Schedule 2 – Department of Mineral Resources granting rights to two different entities in respect of same land and minerals – once the holder of an unused old order right submits an application within the one year exclusivity period, both the unused old order right and the exclusivity which it confers remain extant until the application is either granted and dealt with in terms of s 17 or refused - where the application is made but neither granted nor refused the unused old order right and its exclusivity period endure – that precludes the acceptance and processing of the later application.
ROAZAR CC v FALLS SUPERMARKET CC (232/2017) [2017] ZASCA 166 (29 NOVEMBER 2017)
Contract – whether contract can be terminated without entering into negotiations – duty to negotiate in good faith – appellant not obliged to renew lease agreement – application for eviction upheld – not competent for court to import term not intended by parties simply on the basis of ubuntu.
ESQUIRE CONSULTING AND MARKETING CC AND OTHERS v SEA GLADES HOLDINGS (PTY) LTD AND OTHERS (1315/2016) [2017] ZASCA 167 (30 NOVEMBER 2017)
Simultaneous applications for rezoning and subdivision of land brought under the Land Use Planning Ordinance 15 of 1985, Cape (LUPO): subdivision granted but rezoning of certain erven to business deferred for further information: later application brought for rezoning of those erven to business: this construed as part of original application that had been deferred: two year utilisation period envisaged in s 16(2)(a) of LUPO therefore not applicable: property in any event utilized for business purposes as envisaged by LUPO within that period: claim for an interdict based on allegation that property’s use for business purposes was illegal accordingly dismissed.
Source: http://www.saflii.org/za/cases/ZASCA/2017/
OTHER RECENT JUDGMENTS
COURT ORDERS END TO STAYING OF ARREST WARRANTS
Magistrates appear to have been acting unlawfully in issuing warrants of arrests and then staying the execution of the order, Legalbrief reports. In a special review judgment, the North West High Court has ordered that the practice must be stopped. The ruling arises out of a request by a senior magistrate for the High Court to review a lower court magistrate's decision to issue a warrant of arrest with immediate execution. In that case, the warrant was issued when the accused, who was out on bail of R1 000, failed to turn up for a scheduled court appearance, and his lawyer argued for a stay of 8
execution of the warrant, claiming the accused was at an initiation ceremony. According to the senior magistrate, the common practice developed over the years is for the execution of the warrant to be stayed when an accused is unable to attend court proceedings because of illness or other unforeseeable and compelling circumstances. However, the lower court magistrate, in subsequently explaining her decision to the senior magistrate, said she did not have legal discretion to stay the execution. Judge RD Hendricks, acting Deputy Judge President of the North West High Court, who reviewed the case, agreed with the magistrate. He said the practice of issuing warrants of arrest for accused persons and staying the execution thereof was not in accordance with the prescripts of section 67 of the Criminal Procedure Act, which set out a comprehensive procedure to deal with situations when accused persons on bail failed to appear in court on the specific date and time. The wording of the section, he said, was 'peremptory and mandatory' and a magistrate did not have discretion. It should be done away with, he added, and until the relevant section was amended, the practice must be stopped.
The practicality of the judgment has been questioned. Durban-based criminal lawyer Jacques Botha said while the judgment was correct in its interpretation of the relevant legislation, it lacked practicality and would lead to unnecessary work for an already overworked police force who would now be forced to act on the warrant orders. Amending legislation to allow magistrates to be able to stay the execution of warrant orders was a time-consuming process, he told Legalbrief. The judgment was forwarded to the North West Director of Public Prosecutions, the Chief Magistrate, the acting Regional Court President of North West and the Magistrates' Commission.
Source: Legalbrief, 01 December 2017
RAF COUGHS UP FOR FALSE CLAIM AGAINST FAMILY
A Durban magistrate has ordered the Road Accident Fund (RAF) to pay up after it got a Chatsworth family arrested on false charges of fraud, notes a report in The Mercury. According to the particulars of their claim for damages, Terence Pillay, his now ex-wife, Rayanne, and his mother, Sheila, were arrested on the basis of the charges in 2011. This was after the RAF opened a case against the family, ‘by giving (the police) false information’ and alleging that the Pillays had lodged claims against the fund for a motor vehicle accident which they had not been involved in and for injuries they did not suffer. ‘They were arrested and prosecuted for fraud in the Chatsworth Magistrate's Court and were all duly acquitted of this charge on March 20, 2014,’ the particulars of the claim read. The family then went to the civil court, claiming damages for loss of earnings, their legal costs and the psychological and psychiatric trauma they had endured. Advocate Ryan Naidu told the court that his clients’ lives had been ‘irrevocably altered’ the day they were arrested. ‘(Terence and Rayanne) were divorced as a result of this case, which spanned over four years,’ he said. ‘The Chatsworth community perceived these three as fraudsters, who had to live with this disgrace in perpetuity, even after they were all acquitted. Imagine the extent and nature of their daily lives in a society with this barbed wire around their neck,’ Naidu said. In its plea, the RAF denied the Pillays’ allegations. ‘The (fund) did not give false information to the police,’ it said. But the court ruled in favour of the Pillays and awarded them damages of R151 033 each.
Source: Legalbrief, 27 November 2017
COMMUTER THROWN OFF TRAIN WINS DAMAGES BATTLE
The Western Cape High Court has ordered Prasa to pay full damages to commuter Masibulele Rautini (27) for the serious injuries he sustained after being thrown off a fast-moving train while travelling to work in 2011. Three men armed with a gun and knife had demanded passengers’ cellphones and wallets, Rautini told the court, according to a Cape Times report. He and other passengers had tried moving away from the suspects when one of them, armed with a knife, blocked his way and pushed him out of the open train door following a scuffle. He sustained a head injury, multiple fractures to his legs and a fracture to his neck. According to court papers, Rautini charged that Prasa’s breach of its duty of care amounted to negligence in that it allowed the train to travel between stations without ensuring the doors were closed. The state-owned entity contended it did not breach its duty of care, was not negligent and that Rautini was ‘the sole cause of the incident’. Acting Judge Janet McCurdie said the records upon which Prasa relied did not support the conclusion that Rautini jumped from the train. Kirstie Haslam, partner at DSC Attorneys, the firm representing Rautini, said the ruling would assist future plaintiffs where hospital records and entries made by Prasa’s own staff did not accord with the plaintiff ’s version, as was the case in this instance. ‘We are immensely pleased with the fact that the plaintiff’s version, which has remained consistent throughout the years and was heavily contested under cross-examination, was preferred over entries made in written records by hospital staff and by Prasa’s own staff.’
Source: Legalbrief, 01 December 2017
9
WHY JUDGE TURNED DOWN GAY COUPLE’S SURROGACY BID
A High Court judge has refused to approve a surrogate motherhood agreement involving a gay couple because one partner wants to stay in the closet and keep his sexual orientation secret. The judge stressed her decision had nothing to do with the fact that the couple was gay. This was ‘immaterial’. But she was concerned about the impact on the planned child if one of its parents wanted to be ‘discreet’ about being gay. In her A Matter of Justice column on the Legalbrief site, legal writer Carmel Rickard notes that, among other issues, the judge took into account that the two men also did not live together and in their court application to approve the surrogacy contract, they did not consider how all these facts would impact on the child.
Source: Legalbrief, 28 November 2017
BUTTERWORTHS CONSTITUTIONAL LAW REPORTS – NOVEMBER 2017
BARLOW v S 2017 (11) BCLR 1357 (CC)
Appeal – criminal matter – importance of furnishing reasons justifying decision – right of an accused person to be provided with reasons for each charge of which he is convicted extends to the right of appeal to a higher court, because the right to a fair trial includes the right to appeal – importance of giving reasons for court’s decision reiterated and emphasised – giving of clear and careful reasons for the findings on criminal charges vital for the administration of justice not to fall into disrepute.
Criminal procedure – trial – judgment – reasons for judgment – an accused person is entitled to be provided with reasons for each charge of which he is convicted – importance of giving reasons for trial court’s decision reiterated and emphasised – giving of clear and careful reasons for the findings on criminal charges vital for the administration of justice not to fall into disrepute.
Fair trial, right to – section 35(3) of the Constitution – judgment – reasons for judgment – an accused person is entitled to be provided with reasons for each charge of which he is convicted – this extends to the right of appeal to a higher court, because the right to a fair trial includes the right to appeal – necessary for appeal court to give reasons for its decision – Constitutional Court reiterating and emphasising that clear and careful reasons for the findings on criminal charges vitally necessary to ensure that the administration of justice does not to fall into disrepute.
Fair trial, right to – section 35(3) of the Constitution – judgment – reasons for judgment – importance of giving reasons for trial court’s decision reiterated – an accused person is entitled to be provided with reasons for each charge of which he is convicted – this extends to the right of appeal to a higher court, because the right to a fair trial includes the right to appeal – necessary for appeal court to give reasons for its decision – appeal court confirming a conviction on one particular count but not mentioning that charge in its judgment – arguable that in those circumstances accused has had no proper appeal on that particular conviction – in circumstances in casu, however, whether that conviction were to stand or to be set aside would have no effect on the overall sentence – accordingly, application for leave to appeal dismissed.
JORDAAN AND OTHERS v CITY OF TSHWANE METROPOLITAN MUNICIPALITY AND OTHERS AND RELATED MATTERS (TUHF LIMITED AND OTHERS AS AMICI CURIAE) 2017 (11) BCLR 1370 (CC)
Local authority – rates and service charges – debt collection – charge upon the property – section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 – common law meaning of “charge upon the property”.
Local authority – rates and service charges – debt collection – charge upon the property – section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 – High Court having declared section 118(3) unconstitutional to extent only that the statutory charge upon the property created by it survives transfer of ownership (to an owner who is not a debtor of the municipality) in respect of debts incurred prior to transfer – High Court finding such to constitute an arbitrary deprivation of property – Constitutional Court declining to confirm High Court’s declaration of invalidity but declaring that the charge upon the property referred to in section 118(3) does not survive transfer.
10
KHANYE AND ANOTHER v S 2017 (11) BCLR 1399 (CC)
Evidence – admissibility – extra-curial statements of an accused implicating a co-accused in a criminal trial – both extra-curial confessions and admissions by an accused are inadmissible against a co-accused – Constitutional Court confirming the prohibition against the use of extra-curial statements against co-accused which it laid down in Mhlongo v S; Nkosi v S 2015 (8) BCLR 887 (CC).
Evidence – admissibility – hearsay evidence – admissibility of in terms of section 3 of Law of Evidence Amendment Act 45 of 1988 – extra-curial confession or admission of one accused implicating a co-accused – whether admissible against other accused – both extra-curial confessions and admissions by an accused are inadmissible against a co-accused – Constitutional Court confirming the prohibition against the use of extra-curial statements against co-accused which it laid down in Mhlongo v S; Nkosi v S 2015 (8) BCLR 887 (CC).
MATJHABENG LOCAL MUNICIPALITY v ESKOM HOLDINGS LTD AND OTHERS; MKHONTO AND OTHERS V COMPENSATION SOLUTIONS (PTY) LTD 2017 (11) BCLR 1408 (CC)
Contempt of court – failure to comply with court order – application for committal for contempt – civil contempt – standard of proof – applicable standard of proof to be in accordance with the purpose sought to be achieved – civil contempt remedies of committal or a fine having material consequences for an individual’s freedom and security of the person and therefore requiring proof beyond reasonable doubt – other civil contempt remedies such as declaratory relief, mandamus, or a structural interdict, requiring only proof on a preponderance of probability.
Contempt of court – failure to comply with court order – application for committal for contempt – notice – notice to person liable to be declared guilty of contempt of court – where the potential contemnor’s section 12(1) rights to freedom and security of the person in jeopardy, that person to have sufficient notice in order to safeguard his or her rights – this not necessarily requiring joinder in the person’s personal capacity in every case – depending on circumstances joinder in personal capacity may be unnecessary, as for example, when a rule nisi is issued, calling upon those concerned to appear and defend the charge against them – no inflexible rule.
MTOKONYA v MINISTER OF POLICE 2017 (11) BCLR 1443 (CC)
Prescription – extinctive prescription – period of prescription – when it commences – creditor’s knowledge of “identity of the debtor and of the facts from which the debt arises” – section 12(3) of the Prescription Act 68 of 1969 – when debtor acquiring “knowledge” – whether section 12(3) requires a creditor to have knowledge that the conduct of the debtor giving rise to the debt is wrongful and actionable before prescription commences to run against the creditor – knowledge that the conduct of the debtor is wrongful and actionable is knowledge of a legal conclusion and is not knowledge of a fact – such knowledge falls outside the phrase “knowledge of facts from which the debt arises” in section 12(3).
Source: www.Legalbrief.co.za
BUTTERWORTHS ARBITRATION LAW REPORTS – NOVEMBER 2017
BROADCASTING, ELECTRONIC, MEDIA & ALLIED WORKERS UNION OBO MSIMANG v SOUTH AFRICAN BROADCASTING CORPORATION [2017] 11 BALR 1170 (CCMA )
Unfair labour practice – Demotion – Specialist political reporter assigned to general news desk for posting comments critical of President on Facebook – Demotion unfair because no time limit imposed.
Unfair labour practice – Suspension – Specialist political reporter suspended pending disciplinary action after posting comments critical of President on Facebook – Suspension fair as employer obliged to take action after receiving complaint from Presidency.
CONN v COLLEGE STREET PRIMARY SCHOOL [2017] 11 BALR 1181 (CCMA)
Dismissal – Operational requirements – Employer declining to renew employee’s fixed-term contract for operational requirements but without consultation or applying fair section criteria – Dismissal unfair.
Dismissal – Proof of – Employee retrenched after serving two successive periods on 12-month fixed-term contracts – Dismissal proved as employee had reasonable expectation of renewal and had been deemed permanently employed.
11
HANNIKER v ONE AND ONLY CAPE TOWN (PTY) LTD [2017] 11 BALR 1191 (CCMA)
Dismissal – Misconduct – Insubordination – Employee posting vulgar comments about employer’s security manager on Facebook – Dismissal fair.
MAGUBANE v OACL – DIVISION OF GRINDROD SHIPPING [2017] 11 BALR 1204 (CCMA)
Discrimination – Cultural – Employee claiming that employer allowed fixed-term contract to lapse because he was training to become a sangoma but unable to disprove employer’s claim that he had refused to sign further fixed-term contract – Discrimination not proved. MBATHA AND OTHERS v DEPARTMENT OF HEALTH KWAZULU-NATAL [2017] 11 BALR 1143 (PHSDSBC)
Dismissal – Misconduct – Assault – Medical orderlies applying excessive force when seeking to pacify unruly patient, who later died – Dismissal fair.
MUNICIPAL AND ALLIED TRADE UNION OF SOUTH AFRICA v DITSOBOTLA LOCAL MUNICIPALITY AND OTHERS [2017] 11 BALR 1215 (CCMA)
Collective bargaining – Organisational rights – Union with 17% representation in employer’s workplace and not representing special interest insufficiently representative to qualify for organisational rights.
NAIDOO v ROBERTSON’S VENTILATION INDUSTRIES [2017] 11 BALR 1156 (MEIBC)
Dismissal – Proof of – Employer claiming that employee not employed because manager who appointed him lacked authority to do so – Employer liable on basis of estoppel and termination of contract constituting dismissal.
Estoppel – Employee offered post by maintenance manager who employer denied had authority to make appointments – Employer estopped from denying manager’s authority.
NATIONAL EDUCATION HEALTH AND ALLIED WORKERS’ UNION OBO ABSALON AND OTHERS v DEPARTMENT OF SOCIAL DEVELOPMENT (WESTERN CAPE) [2017] 11 BALR 1222 (CCMA)
Discrimination – Race – Employees claiming that filling of post by second-rated candidate after top candidate declined position amounted to race discrimination – Discrimination not proved as practice sanctioned by regulation.
NTULI v SECURE ACCESS CC [2017] 11 BALR 1232 (CCMA)
Unfair labour practices – Demotion – Security guard moved to different site after obtaining protection order against supervisor – Demotion not proved.
SOLIDARITY OBO GREYLING v SOUTH AFRICAN POLICE SERVICE (SAPS) AND ANOTHER [2017] 11 BALR 1161 (PSSSBC)
Unfair labour practices – Promotion – Candidate rejected at outset for not fully completing application form – No unfair labour practice committed, as form requiring that all details must be supplied.
TARGET ORIENTATED TRADE UNION OF SOUTH AFRICA OBO MDINGI AND OTHERS v EASTERN CAPE NURSING SERVICES T/A AMATOLA NURSING SERVICES AND ANOTHER [2017] 11 BALR 1237 (CCMA)
Temporary employment services – Clients of – Client of TES “ring fencing” salaries of former TES employees to remove disparity between their salaries and those of client’s employees – Scheme not in contravention of LRA because financially justifiable and agreed to by majority union.
UBER SOUTH AFRICA TECHNOLOGICAL SERVICES (PTY) LTD v NATIONAL UNION OF PUBLIC SERVICE AND ALLIED WORKERS AND SOUTH AFRICAN TRANSPORT AND ALLIED WORKERS UNION OBO MOREKURE AND OTHERS [2017] 11 BALR 1247 (CCMA)
Employee – Who is – Uber drivers employees for purposes of LRA because company exercises sufficient control to bring them within scope of statutory definition.
Source: www.Legalbrief.co.za 12
BUTTERWORTHS LABOUR LAW REPORTS – NOVEMBER 2017
BLOEM WATER BOARD v NTHAKO NO AND OTHERS [2017] 11 BLLR 1073 (LAC)
Arbitration proceedings – Review of – Statutory provision for rescission of awards not precluding review of default proceedings in appropriate circumstances as court retaining jurisdiction to intervene in media res – Court entitled to entertain review where Arbitrator wrongly proceeded by default.
Bargaining Councils – Arbitration proceedings – Commissioner arriving late for hearing and on learning that employer’s representatives had left proceeding by default and finding for employee – Arbitrator’s decision amounting to reviewable misconduct.
Practice and procedure – Rescission of arbitration awards – Statutory provision for rescission of awards not precluding review of default proceedings in appropriate circumstances as court retaining jurisdiction to intervene in media res.
FIRST NATIONAL BANK, A DIVISION OF FIRST RAND BANK LTD v COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION AND OTHERS [2017] 11 BLLR 1117 (LC)
Commission for Conciliation, Mediation and Arbitration – Arbitration award – Review – Commissioner incorrectly reclassifying dismissal for incapacity as dismissal for operational requirements thereby committing error of law – Award set aside.
Dismissal – Classification of – Incapacity or operational requirements – Dismissal of employee rendered unable to work by statutory prohibition is for incapacity, not for operational requirements.
Dismissal – Incapacity – Employee precluded from working due to statutory prohibition and dismissed for incapacity – Dismissal fair.
Dismissal – Operational requirements – Dismissal of employee rendered unable to work by statutory prohibition to be dealt with as case of incapacity, not as one for operational requirements.
Dismissal – Relief – Commissioner reinstating employee even though representative sought only compensation in closing argument – Reinstatement order incompetent.
Practice and procedure – Reviews – Respondent in review introducing material in answering affidavit that was not before arbitrator – Offending paragraphs struck out.
GANGARAM v MEMBER OF THE EXECUTIVE COUNCIL FOR THE DEPARTMENT OF HEALTH, KWAZULU- NATAL AND ANOTHER [2017] 11 BLLR 1082 (LAC)
Dismissal – Proof of – “Deemed dismissal” – Employee served with notice “deeming” her dismissed while on sick leave – Dismissal unlawful as jurisdictional preconditions for deeming provision not satisfied.
IMVULA QUALITY PROTECTION AND OTHERS (RED ALERT TSS (PTY) LTD AND OTHERS AS INTERVENING APPLICANTS) v UNIVERSITY OF SOUTH AFRICA [2017] 11 BLLR 1139 (LC)
Transfer of business – What constitutes – Employer “insourcing” security services and employing guards previously supplied by independent security companies after canceling service contracts with those companies – Insourcing not amounting to transfer of business as going concern
Transfer of business – What constitutes – Transfer of business as going concern not occurring when contract of service provider canceled and service “insourced”, but service provider remaining free to continue business elsewhere.
MAGODA v DIRECTOR-GENERAL OF RURAL DEVELOPMENT AND LAND REFORM AND ANOTHER [2017] 11 BLLR 1149 (LC)
Disciplinary procedure – Applications to interdict – Court having jurisdiction to halt disciplinary proceedings, but will do so only in exceptional circumstances and if employee proves clear right and absence of alternative remedy.
13
Disciplinary proceedings – Review of – Presiding officer deciding to rule on matter on employer’s evidence and that presented by employee after she claimed to have fallen ill – Decision not subject to legality review or to review under section 158(1)(h) of LRA as merely of a procedural nature – Interdict refused.
MATATIELE LOCAL MUNICIPALITY v SHAIK AND OTHERS [2017] 11 BLLR 1090 (LAC)
Bargaining councils – Jurisdiction – Arbitrator ruling dismissal unlawful because disciplinary proceedings commenced outside time limit set by collective agreement – Councils lacking jurisdiction to rule on validity of dismissal, as opposed to its fairness.
Disciplinary procedure – Delay – Disciplinary code setting three months for employer to institute disciplinary action – Period commences when manager authorised to take disciplinary action is informed of offence and ends when employee presented with charge sheet.
Dismissal – Proof of – Invalid termination of employment may not be arbitrated under LRA as no dismissal has occurred.
MOEN v QUBE SYSTEMS (PTY) LTD AND OTHERS [2017] 11 BLLR 1096 (LAC)
Commission for Conciliation, Mediation and Arbitration – Arbitration awards – Review – Test – Proper test on review is whether Commissioner arrived at reasonable result in light of all evidence.
Dismissal – Misconduct – Dishonesty – Managing director dismissed for receiving information concerning transactions in company bank account due to error by bank official – Dishonesty not proved and dismissal unfair.
NATIONAL UNION OF METALWORKERS OF SOUTH AFRICA (NUMSA) AND OTHERS v PAINT & LADDERS (PTY) LTD AND ANOTHER [2017] 11 BLLR 1105 (LAC)
Practice and procedure – Delay in pursuing action – Union delaying pursuing unfair dismissal claim for 15 years and employer applying for action to be dismissed – While no specific rule permitting such applications, matter to be dealt with on basis of maxim vigilantibus non dormientibus lex subveniunt – Action dismissed as union failed to explain delay and employer would be prejudiced.
RUSTENBURG LOCAL MUNICIPALITY v SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL AND OTHERS [2017] 11 BLLR 1161 (LC)
Practice and procedure – Reviews – Stay of execution of award pending review – Employers may stay execution of award only by posting required security or by persuading court to grant stay – Municipality relying solely on legislative obligation not to spend on unbudgeted items – Execution stayed provided prescribed security furnished.
Practice and procedure – Security – Municipality seeking stay of execution of reinstatement award pending review and to be absolved from furnishing security, relying solely on legislative obligation not to spend on unbudgeted items – All employers, including public entities, obliged to furnish security in absence of compelling explanation for not doing so.
Source: www.Legalbrief.co.za
BILLS
LABOUR LAWS B29-2017 AMENDMENT BILL, 2017
DRAFT NATIONAL CREDIT Published for comment GG 41274 (24.11.17) AMENDMENT BILL, 2018
DRAFT PREVENTION AND Published for comment COMBATING OF CORRUPT ACTIVITIES AMENDMENT BILL, 2017
14
PROCLAMATIONS AND NOTICES
COMMISSIONS ACT 8 OF Terms of reference of commission of inquiry into GG 41270 (24.11.17) 1947 remuneration and conditions of service in the public service and public entities listed in Schedules 3A and 3C to the Act published in Proc 33 in GG 36757 of 19 August 2013 amended with effect from 6 October 2017
CUSTOMS AND EXCISE Correction notice: Schedule 1 amendment in GN R1285 GG 41266 (20.11.17) ACT 91 OF 1964 in GG 41257 of 17 November 2017 substituted
CONSTITUTION OF THE Particulars of proposed amendment published for GG 41276 (24.11.17) REPUBLIC OF SOUTH comment AFRICA, 1996
INTERIM PROTECTION OF Application of provisions of Act extended from 31 GG 41270 (24.11.17) INFORMAL LAND RIGHTS December 2017 to 31 December 2018 ACT 31 OF 1996
MARKETING OF Application for the continuation of statutory measures GG 41270 (24.11.17) AGRICULTURAL relating to registration, records and returns and a levy on PRODUCTS ACT 47 OF cotton lint published for comment by directly affected 1996 groups
FILMS AND PUBLICATIONS Films and Publications Board: Notice of extension of GG 41271 (24.11.17) ACT 65 OF 1996 comment period and Draft Films and Publications Board Tariffs published for comment
SPECIAL INVESTIGATING Referral of matters to existing special investigating unit in GG 41271 (24.11.17) UNITS AND SPECIAL respect of the affairs of the National Department of TRIBUNALS ACT 74 OF Transport, the Provincial Departments of Transport, local 1996 authorities and entities that perform functions in terms of the National Road Traffic Act 93 of 1996 published
EXTENSION OF SECURITY Proposed amendment to the regulations and explanatory GG 41270 (24.11.17) OF TENURE ACT 62 OF memorandum published for comment 1997
HIGHER EDUCATION ACT Notice to cancel the registration of programmes GG 41270 (24.11.17) 101 OF 1997 approved to Sants Private Higher Education Institution (Pty) Ltd due to withdrawal of accreditation by the Council on Higher Education (CHE) published
MARINE LIVING Establishment of a Consultative Advisory Forum for GG 41270 (24.11.17) RESOURCES ACT 18 OF Marine Living Resources and invitation for nominations 1998 for members of the forum published
SKILLS DEVELOPMENT Standard Constitution of SETA Regulations amended GG 41277 (24.11.17) ACT 97 OF 1998
PROMOTION OF ACCESS Publication of descriptions submitted in terms of s. 15 (1) TO INFORMATION ACT 2 by: OF 2000 • Department of Agriculture, Forestry and GG 41270 (24.11.17) Fisheries
• Presidency GG 41270 (24.11.17)
15
• Limpopo Provincial Government: Department of GG 41270 (24.11.17) Transport
INTERNATIONAL TRADE International Trade Administration Commission of South GG 41270 (24.11.17) ADMINISTRATION ACT 71 Africa (ITAC): Final determination of the sunset review of OF 2002 the anti-dumping duties on frozen bone-in portions of fowls of the species Gallus domesticus imported or originating from the United States of America published
ELECTRONIC Independent Communications Authority of South Africa COMMUNICATIONS ACT 36 (ICASA): OF 2005 Draft code for persons with disabilities regulations GG 41265 (20.11.17) published for further comment
Draft Number Portability Regulations, 2017 published for GG 41275 (24.11.17) comment
Expiry of individual electronic communications service (I- GG 41270 (24.11.17) ECS) licenses and individual electronic communications network services (I-ECNS) licenses issued to Enverge Communications (Pty) Ltd, Powerline Communications (Pty) Ltd, Pluto Internet (Pty) Ltd and Openvoice Service Providers (Pty) Ltd published
CRIMINAL LAW (SEXUAL Notice of draft Regulations relating to Sexual Offences GG 41272 (24.11.17) OFFENCES AND RELATED Courts, 2017 published for comment MATTERS) AMENDMENT ACT 32 OF 2007
FINANCIAL MARKETS ACT Notice of approval of the amendments to the JSE GG 41270 (24.11.17) 19 OF 2012 Listings Requirements published with effect from 18 December 2017
Notice of publication for comment of proposed GG 41270 (24.11.17) amendments to the JSE Exchange Rules (Block Trades and Off-Order Book Principal Trades) published
JUSTICE ADMINISTERED Date of commencement: 1 April 2018 GG 41273 (24.11.17) FUND ACT 2 OF 2017
PROVINCIAL LEGISLATION
Eastern Cape
Disaster Management Act Joe Gqabi District Municipality: Extension of the declared PG 3954 (17.11.17) 57 of 2002 local state of disaster due to damaged road network published Gauteng
Gauteng Gambling Act 4 of Notice of intention to make amendments to the Gauteng PG 308 (17.11.17) 1995 Gambling Regulations, 1997 and Gauteng Gambling Amendment Regulations, 2018 published for comment
Gautrain Management Date of commencement: 20 November 2017 PG 310 (20.11.17) Agency Amendment Act 2 of 2017 Amends: Gauteng Transport Infrastructure Act 8 of 2001 and Gautrain Management Agency Act 5 of 2006 16
Kwazulu - Natal
National Land Transport Act Extraordinary measures declared in various areas to PG 1902 (21.11.17) 5 of 2009 normalise transport services affected by violence, unrest, conflict or instability published
Local Government: uMgungundlovu District Municipality: Environmental PG 1903 (23.11.17) Municipal Systems Act 32 of Health By-laws, 2017 enacted by resolution of section 12 2000 of Municipal Systems Act 32 of 2000 published
Mpumalanga
Mpumalanga Economic Determination of remuneration payable to Members of PG 2875 (17.11.17) Regulator Act 2 of 2017 the Economic Development and Tourism Board published
North West
Local Government: Consolidated Statements on the Performance of PG 7823 (17.11.17) Municipal Finance Municipalities for the first quarter ending 30 September Management Act 56 of 2003 2017 published
Spatial Planning and Land Mahikeng Local Municipality: Notice of compilation of a PG 7824 (21.11.17) Use Management Act 16 of new Spatial Development Framework (SDF) published for 2013 comment
Greater Taung Local Municipality: Notice of adoption of PG 7824 (21.11.17) the Spatial Development Framework 2017 and Greater Taung Land Use Scheme 2017 published
Spatial Planning and Land Maquassi Hills Local Municipality: Notice of members to PG 7824 (21.11.17) Use Management Act 16 of serve on the Municipal Planning Tribunal and 2013 and Spatial Planning commencement of the Tribunal published and Land Use Management Regulations: Land Use Ditsobotla Local Municipality: Notice of members to serve PG 7824 (21.11.17) Management and General on the Municipal Planning Tribunal and commencement Matters, 2015 of the Tribunal published