Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin` 3 9 of 2018 Period: 28 September 2018 – 05 October 2018

IMPORTANT NEWS

LOWER COURTS SHOULD BE FIRST OPTION, BANKS TOLD

The Legal Resources Centre (LRC) has welcomed a High Court decision that Magistrate's Courts should be the first port of call for financial institutions seeking judgment against their clients, where matters fall within the lower courts' monetary jurisdiction. According to a GroundUp report, the LRC argued that 'measures must be taken to reduce the economic, social and geographical barriers that prevent a respondent's access to court' as required under the Constitution. 'This judgment is far reaching and incredibly important in affirming the right to access to justice,' said the LRC in response to a decision by a full bench of the Gauteng High Court (Pretoria) on whether the High Court should entertain cases that should be heard by the lower courts just because both courts have jurisdiction under the law. The Judge President had also asked the court to consider whether there was 'an obligation on financial institutions to consider the cost implication and access to justice of financially distressed people' in deciding which court to use. The court ruled that if banks brought their cases to the High Courts when the lower courts had proper jurisdiction, the High Courts could kick the cases down to the lower court. The case arose when 13 matters; reduced to eight after several defendants settled their arrears or the cases were withdrawn, came before the Gauteng High Court (Pretoria). The applicants were banks which wanted default judgments against debtors and orders declaring that their homes could be sold in execution (on auction). In each case, the application was brought in the High Court, despite the fact that it fell within the monetary jurisdiction of the Magistrate's Court. The arrear amounts owing by the eight defendants varied from R7 700 to R20 000. The total loan amounts being claimed by the banks varied from R95 000 to R255 000.

Source: Legalbrief Today, 04 October 2018

INSURANCE POLICY HOLDER PROTECTION RULES IN FORCE

Short and long-term insurance policy holder protection rules released in draft form during March for comment are now in force. Their purpose is to assist licensed insurers subject to the 2017 Insurance Act in their efforts to interpret the rules in the context of the 1998 Long and Short-term Insurance Acts – responding to the need for consistency across the insurance regulatory framework. According to a statement issued in March, this is expected to ‘ensure a smooth transition from regulated insurers under the current … framework to licensed insurers under the … (new) Act’ when their registrations are converted. It is not clear from the accompanying Government Gazette notice whether amendments to regulations under the Long-term Insurance Act and now in force are related to the new rules.

Source: Legalbrief Today, 01 October 2018

MORE TIME TO COMMENT ON COMPANIES BILL

Stakeholders now have until 14 December to comment on a draft Companies Amendment Bill aimed at addressing loopholes identified during seven years of implementing the Act and aligning it with ‘modern international corporate trends’. The proposed new statute deals with a raft of issues ranging from special resolution requirements and ‘the irregular creation, allotment or issue of shares’ to the composition of a social and ethics committee and business rescue.

Source: Legalbrief Today, 05 October 2018

AMENDMENTS PLACE FOCUS ON DIRECTORS' PAY

Trade & Industry Minister Rob Davies has gazetted the Companies Amendment Bill, which proposes a number of changes, including steps that companies must take in the development of often contentious remuneration policies, says a Business Day report. It notes these are usually a bone of contention between shareholders demanding accountability and transparency and managements eager to hold on to highly mobile executive talent. The Bill has proposed that directors of a public company should prepare a directors’ remuneration report for presentation to shareholders at the 2

entity’s annual general meeting for each financial year. According to the proposed changes, the report should entail a background statement, an overview of the main provisions of the company’s policy on remuneration and an implementation report with details of remuneration and benefits awarded to individual directors. ‘The directors’ remuneration report must be approved by the board and signed on behalf of the board by a director of the company,’ the Bill says. Shareholder activist Theo Botha said that provisions required the board to take ownership and accountability for the policy.

Source: Legalbrief Today, 02 October 2018

NEW CHARTER 'A BALANCE', BUT BEE CONCERNS REMAIN

The Minerals Council of SA broadly supports the intentions and content of the new Mining Charter, but there are a few sticking points over which the council wants to engage the Minister, Fin24 says. The council issued its responses to the policy, gazetted by Minerals Resources Minister Gwede Mantashe earlier. The council said the charter reflected substantial engagement between key stakeholders, something which was missing in the previous version of the charter, gazetted by former Minister Mosebenzi Zwane. 'The Minerals Council considers this charter to represent a policy instrument that provides a clear and durable framework for securing a transformed industry with meaningful broad-based economic empowerment within which the critical goals of growth and competitiveness can realistically be achieved,' it said. However, there are a few drawbacks related to past BEE transactions, it said, including the limited applicability of the 'once empowered, always empowered' provision. The provision will not apply to past BEE transactions if there has been a change of ownership in mining rights or if the mining right needs to be renewed. The council also highlighted positives in the charter, including the removal of the requirement on existing rights to top up black ownership from 26% to 30%. Government has also removed the requirement of a dividend equal to 1% of Ebitda (earnings before interest taxation, depreciation and amortisation). Minerals Council president Mxolisi Mgojo commented that the charter showed that Mantashe struck a 'reasonable balance', where all stakeholders are not 'totally happy'.

Source: Legalbrief Today, 04 October 2018

MORE FINANCIAL SECTOR ACT SECTIONS IN FORCE

Amendments to a raft of statutes listed in Schedule 4 of the Financial Sector Regulation Act came into effect on 28 September. In addition, sections of the Act originally scheduled to come into force on 1 October will now only become operational on 1 April 2019.

Source: Legalbrief Today, 03 October 2018

RIGHT TO DIE – CERTAINTY IN LAW REQUIRED

The 2016 SCA judgment in Minister of Justice and Correctional Services and Others v Estate Late James Stransham- Ford and Others is ‘vague and unsatisfactory’ as it is ‘near impossible’ to know with certainty when a person who assists another to end his or her life could be prosecuted for murder or culpable homicide. ‘It is therefore imperative that courts either develop the common law to allow for assisted dying, or that Parliament passes legislation to do so,’ says constitutional law expert Professor Pierre de Vos, in an analysis on his Constitutionally Speaking blog. ‘The SCA judgment in Stransham-Ford sends mixed signals about what would happen in cases where patients obtain a prescription for lethal drugs that they use to terminate their own lives. This is commonly referred to as physician assisted suicide (PAS). The law is also not that clear in cases where the medical practitioner or other person administers a lethal drug to a patient at the request of the patient. This is referred to as voluntary euthanasia or physician administered euthanasia (PAE).’ De Vos points out the judgment suggested that a court faced with a case of PAS or PAE ‘would also have to pay particular heed to the requirements of section 39(2) of the Constitution, which requires that – in the development of the common law – the court must strive to give effect to the nature purport and objects of the Bill of Rights’. He argues the failure of our law to respect the rights of an adult person who wishes to end his or her life to obtain assistance to do so is in fact in conflict with the Bill of Rights. ‘Section 12(2)(b) of the Constitution guarantees for everyone the right to bodily and psychological integrity, including the right ‘to security and control over their body’. The law does not fully respect the psychological and bodily integrity of individuals who wish to end their lives and need assistance to do so.’ De Vos adds while the courts have a duty to develop the common law in accordance with constitutional values, ‘it would be better if the legislature passed comprehensive legislation to regulate the circumstances under which individuals could lawfully be assisted to end their lives’.

Source: Legalbrief Today, 05 October 2018

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RECOMMENDED READING

Supreme Court ruling clarifies contentious National Credit Act issue , by Aidan Kenny from Werksman’s Attorneys, www.polity.org.za, October 2018

Dismissals for incompatibility are dangerous , by Ivan Israelstam from Labour Law Management Consulting, www.polity.org.za, October 2018

RECENT SUPREME COURT OF APPEAL JUDGMENTS

MEC FOR HEALTH, WESTERN CAPE v Q (928/2017) [2018] ZASCA 132 (28 SEPTEMBER 2018)

Delict – medical negligence – onus on plaintiff to prove damage causing event – reverse reasoning impermissible - inference of negligence may only be drawn where a negligent event is the most plausible inference. 2 Expert evidence – expert opinion must be logical - probative value of expert opinion evidence depends on reasons furnished therefor.

KHOZA AND ANOTHER v S (1267/2017) [2018] ZASCA 133 (28 SEPTEMBER 2018)

Criminal Procedure – sentence – appellants not informed of the applicable provisions of the Criminal Law Amendment Act 105 of 1997 at the outset of the trial – right to a fair trial – test for prejudice – reasonable possibility that appellants may have conducted their cases differently had they been so informed – 2 sentence to be imposed afresh without consideration of minimum prescribed sentences.

ROSSOUW v HANEKOM (741/2017) [2018] ZASCA 134 (28 SEPTEMBER 2018)

Contract – claim for damages – fraudulent misrepresentation and nondisclosure established.

THE ATTORNEYS' FIDELITY FUND v PREVANCE CAPITAL (PTY) LTD (917/17) [2018] ZASCA 135 (28 SEPTEMBER 2018)

Attorney – theft of money from trust account – whether monies ‘entrusted’ to an attorney as contemplated in terms of s 26(a) of the Attorneys Act 53 of 1979 - Whether instruction simply to invest monies – whether liability of Attorneys Fidelity Fund Control Board excluded by the provisions of s 47(1)(g) of the Attorneys Act.

MEYER NO AND OTHERS v BIG FIVE DEVELOPMENTS (PTY) LTD AND ANOTHER (1017/17) [2018] ZASCA 136 (28 SEPTEMBER 2018)

Contract – Interpretation of the agreement – whether joint venture agreement includes sale of land or not – whether Alienation of Land Act applicable – authority of trustees – rectification whether claims properly abandoned or not.

MONDE v VILJOEN NO AND OTHERS (1162/17) [2018] ZASCA 138 (28 SEPTEMBER 2018)

Land - Land reform - Extension of Security of Tenure Act 62 of 1997 (ESTA) - ss 8(1), 9(3) and 10(1)(c) - termination of right of residence - whether occupier lawfully evicted - probation officer’s report prior to eviction order peremptory - termination of appellant’s right of residence unlawful and invalid.

FAMANDA v S (930/2017) [2018] ZASCA 139 (28 SEPTEMBER 2018)

Appeal against refusal of petition for leave to appeal against sentence; trial court did not take into account the amount involved and whether the appellant was a law enforcement officer as defined; reasonable prospects of success on appeal against sentence.

CENTRE FOR CHILD LAW AND OTHERS v MEDIA 24 LIMITED AND OTHERS (871/2017) [2018] ZASCA 140 (28 SEPTEMBER 2018)

Section 154(3) of the Criminal Procedure Act 51 of 1977 – declaration of constitutional invalidity because of a failure to protect the anonymity of children as victims of crime at criminal proceedings.

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CENTRE FOR CHILD LAW AND OTHERS v MEDIA 24 LIMITED AND OTHERS (871/2017) [2018] ZASCA 140 (28 SEPTEMBER 2018)

Section 154(3) of the Criminal Procedure Act 51 of 1977 – declaration of constitutional invalidity because of a failure to protect the anonymity of children as victims of crime at criminal proceedings.

PROPELL SPECIALISED FINANCE (PTY) LTD v ATTORNEYS INSURANCE INDEMNITY FUND NPC (1147/2017) [2018] ZASCA 142 (28 SEPTEMBER 2018)

Insurance contract – whether indemnification rights under the Policy providing cover for a specific class of professionals, is cedable – agreement to cede rights under the Policy without the consent of the insurer is invalid ─ the nature of 2 contractual relationship between the parties involves a delectus personae and the adverse effect the cession will have on the insurer.

DU BRUYN NO AND OTHERS v KARSTEN (929/2017) [2018] ZASCA 143 (28 SEPTEMBER 2018)

National Credit Act 34 of 2005 - under what circumstances is a credit provider obliged to register – where the credit agreement exceeds the threshold set out in s 42(1) - irrespective of whether it is a single transaction - irrespective of whether the credit provider is a regular participant in the credit industry

AM OBO KM v MEMBER OF THE EXECUTIVE COUNCIL FOR HEALTH, EASTERN CAPE (699/17) [2018] ZASCA 141 (1 OCTOBER 2018)

Delict – medical negligence – child suffering cerebral palsy as a result of acute profound hypoxic ischaemic event during labour – hypoxia developing and catastrophic event ensuing – delictual liability not established on the facts.

UMFOLOZI SUGAR PLANTERS LIMITED AND OTHERS v ISIMANGALISO WETLAND PARK AUTHORITY AND OTHERS (873/2017) [2018] ZASCA 144 (1 OCTOBER 2018)

Environmental law – publication of management plan – rendering relief sought moot.

SILATSHA v MINISTER OF CORRECTIONAL SERVICES (1040/2017) [2018] ZASCA 145 (2 OCTOBER 2018)

Delict – claim for unlawful and wrongful detention – separated issue not dispositive of the matter – defence raised to be considered together with the rest of the issues – appeal upheld.

Source: www.saflii.org.za

BUTTERWORTHS INDUSTRIAL LAW REPORTS – SEPTEMBER 2018

TEMPORARY EMPLOYMENT SERVICE

The Constitutional Court was called upon finally to determine the correct interpretation of s 198A(3)(b) of the LRA 1995, which provides that employees of a temporary employment service who are placed with a client are deemed, after three months, to be employees of the client. It agreed with the Labour Appeal Court that the language used by the legislature in s 198A(3)(b) was plain and, when interpreted in context, supported the ‘sole employer’ interpretation. This interpretation was in line with the purpose of the 2014 amendments to the LRA, the primary objects of the LRA and the right to fair labour practices in s 23 of the Constitution 1996 (Assign Services (Pty) Ltd v National Union of Metalworkers of SA & others (Casual Workers Advice Office as Amicus Curiae) at 1911).

CONSTITUTIONAL LAW — RIGHT TO FAIR LABOUR PRACTICES — BREACH OF PROMISE BY STATE

The applicants, members of the predecessors of the respondent pension fund, were promised increases of at least 70% of the annual inflation rate as an incentive to remain in employment when Transnet was established. This promise was kept for many years. When the fund reneged on the promise, the applicants instituted a class action on behalf of thousands of similarly situated employees in the High Court. The fund excepted to the claim, which exceptions were upheld by the court. On appeal, the Constitutional Court noted the requirements and purpose of an exception, and found, inter alia, that the exception procedure was not the appropriate process to decide complex factual and legal issues and that the fund could raise its complaints as substantive defences at trial. The court also found that the facts of this case provided a compelling basis not to restrict the fair labour practice protection of s 23 of the Constitution 1996 to 5

those who had contracts of employment (Pretorius & another v Transport Pension Fund & others at 1937).

TRANSFER OF BUSINESS AS GOING CONCERN

The Labour Appeal Court agreed with the Labour Court’s finding that the perfection of a notarial bond and the consequent taking possession of movable property to realise an indebtedness does not per se constitute a transfer as contemplated in s 197 of the LRA 1995. The court, however, disagreed with the court a quo that in this matter there had been the transfer of a business as a going concern. It was clear that the company had been acting as a creditor seeking to realise the indebtedness and had not assumed responsibility for the employment contracts of the employees (Spar Group Ltd v Sea Spirit Trading 162 CC t/a Paledi & others at 1990).

STRIKE — UNPROTECTED STRIKE — ULTIMATUM

The Labour Appeal Court, in County Fair Foods (Epping), A Division of Astral Operations Ltd v Food & Allied Workers Union & others (at 1953), found that it was appropriate to distinguish between striking employees who complied with an ultimatum to return to work and those who did not when determining sanction. It upheld the sanction of dismissal imposed on the employees who had not initially complied with the ultimatum.

REINSTATEMENT — MEANING

The Supreme Court of Appeal had ordered the employer, the SAPS, to reinstate the employee in the position he occupied at the time of his dismissal. In contempt proceedings the Labour Court found that this meant reinstatement in the post as restructured and upgraded after the employee’s dismissal because the SAPS could not show that the employee would not have achieved that position which was ‘plausibly within his grasp’ had he not been dismissed. On appeal, the Labour Appeal Court found that the aim of reinstatement in terms of s 193(1) of the LRA 1995 was to place the employee in the position he would have been but for the unfair dismissal. Where the employee in fact and law had no contractual or statutory right to promotion to a higher position and salary at the time of dismissal, reinstatement in such higher position was not permissible (National Commissioner of the SA Police Service & another v Myers at 1965).

DISCIPLINE — CULTURAL NORMS AND TRADITIONS

In Harmony Goldmine Co Ltd v Raffee NO & others (at 2017) the Labour Court found that, although an employer is not bound by cultural norms and traditions, it should not ignore them especially when the traditions are aimed at achieving societal good and are not in conflict with the Constitution 1996.

UNFAIR DISCRIMINATION — DISABILITY — DEPRESSION

The employee was dismissed for misconduct despite his defence that he had been suffering from depression for several years and that his employer had been aware of his mental health condition. The Labour Court found that the employee’s condition fell within the definition of ‘people with disabilities’ in s 1 of the Employment Equity Act 55 of 1998. It found further that the conduct of the employer in ignoring the employee’s condition and deciding to dismiss him in the circumstances, when viewed objectively against the employee’s depression, had the potential to impair the employee’s fundamental human dignity and, accordingly, fell within the prohibited grounds of discrimination envisaged by s 187(1)(f) of the LRA 1995 (Jansen v Legal Aid SA at 2024).

UNFAIR LABOUR PRACTICES

Where an offer of employment had been withdrawn after the applicant failed a background check and before an employment contract had been concluded, a CCMA commissioner found that the applicant was not an ‘employee’ in terms of the definition of unfair labour practice in s 186(2)(a) of the LRA 1995 (Funzani and Tshwane University of Technology at 2054).

An African male was appointed to a post which was advertised for disabled persons and African females only. In unfair labour practice proceedings by two African males who were not shortlisted, the CCMA commissioner found that the employer had failed to justify the African male’s inclusion on the shortlist or provide a rationale for his appointment. The applicants were deprived of a fair opportunity to compete for the post, and this constituted an unfair labour practice (Public Servants Association on behalf of Mvala & another and SA Social Security Agency at 2058).

In Police & Prisons Civil Rights Union on behalf of Fukweni and SA Police Service (at 2069) the applicant police officer had not been shortlisted for promotion because he failed to disclose prior criminal convictions. In unfair labour practice proceedings, the SSSBC arbitrator found that disclosure had been mandatory and that the employer’s conduct had not 6

been unfair.

LABOUR COURT — JURISDICTION

The Labour Court found that the employee could not, after unsuccessfully pursuing a case in the CCMA based on the existence of an alleged unfair dismissal, abandon that cause of action and approach the Labour Court on the basis that the termination of his employment contract did not constitute a dismissal in law (Archer v Public School — Pinelands & others at 1998).

In National Union of Metalworkers of SA & others v Micromega (Pty) Ltd (at 2048) the Labour Court considered the interpretation by the courts of the phrase ‘a matter concerning a contract of employment’ in s 77(3) of the Basic Conditions of Employment Act 75 of 1997, and noted that in all instances the issue in dispute had in some way to be linked causally, whether directly or indirectly, to an employment contract, and that the claims sought to be enforced had to be between an employer and employee. In this matter the claim was against a third party who was never the employer of the plaintiffs, and their claim was therefore not ‘a matter concerning a contract of employment’.

BARGAINING COUNCIL — FUNCTIONS AND DUTIES OF ARBITRATORS

A quality controller pointed out substantive errors in and rewrote portions of a bargaining council arbitrator’s award, which the arbitrator accepted. On review of the award, the Labour Court found that the arbitrator had abrogated her responsibility to decide on the award and that this constituted a gross irregularity (Department of Justice & Constitutional Development & others v General Public Service Sectoral Bargaining Council & others at 2001).

NATIONAL SOCCER LEAGUE — DISPUTES BETWEEN CLUBS AND PLAYERS

In Cape Town All Stars Football Club and Lebahi & others (at 2076) the NSL Dispute Resolution Chamber found that a contract between the club and the player that was conditional upon the player passing a medical examination contravened the NSL Rules and was accordingly illegal. The club’s claim for damages arising from the player’s repudiation of the contract was therefore dismissed.

The player was dismissed for bringing his club into disrepute after media reports appeared which claimed that the club used ‘muthi’. The NSL DRC found that, although the player had complained to his union about the use of muthi, there was no evidence that he had approached the media. Furthermore, there was no evidence that the club’s reputation was damaged by the articles. The player’s dismissal was unfair and he was awarded compensation (Mathosi and Mbombela United Football Club at 2082).

Source: www.legalbrief.co.za

BILLS

DRAFT FINANCIAL Published for comment SECTOR LAWS AMENDMENT BILL, 2018

PROCLAMATIONS AND NOTICES

STATISTICS SOUTH Consumer Price Index, Rate (Base Dec 2017 = 100): GG 41928 (28.09.18) AFRICA: August 2018: 4,9 published

CUSTOMS AND EXCISE Schedule 1 amended GG 41939 (28.09.18) ACT 91 OF 1964 Schedule 2 amended with effect from 12 March 2019 up to and including 11 March 2020

Schedule 2 amended up to and including 11 March 2019

Schedule 2 amended with effect from 12 March 2020 up to and including 11 March 2021 7

Schedule 2 amended with effect from 12 March 2021 up to and including 11 March 2022

PHARMACY ACT 53 OF Lists of approved facilities for the purposes of performing GG 41936 (27.09.18) 1974, HEALTH community service by health professionals in the years PROFESSIONS ACT 56 OF 2019 and 2020 published 1974 & NURSING ACT 33 OF 2005

LABOUR RELATIONS ACT Commission for Conciliation, Mediation and Arbitration GG 41928 (28.09.18) 66 OF 1995 (CCMA): List of bargaining councils accredited by the CCMA for conciliation and/or arbitration and/or inquiry by arbitrator for the period 1 August 2018 to 31 July 2019 (renewal of accreditation) published in GenN 508 in GG 41870 of 31 August 2018 corrected

MARKETING OF Continuation of statutory measure and determination of GG 41927 (28.09.18) AGRICULTURAL guideline prices: levies relating to wheat, barley and oats PRODUCTS ACT 47 OF published with effect from 1 October 2018 1996

LONG-TERM INSURANCE Policyholder Protection Rules amended with effect from GG 41928 (28.09.18) ACT 52 OF 1998 1 October 2018

Regulations under the Long-term Insurance Act, 1998 GG 41942 (28.09.18) published in GN R1492 in GG 19495 of 27 November 1998 amended with effect from 1 July 2018, unless otherwise indicated

SHORT-TERM INSURANCE Policyholder Protection Rules amended with effect from GG 41928 (28.09.18) ACT 53 OF 1998 1 October 2018

Regulations under the Short-term Insurance Act, 1998 GG 41946 (28.09.18) published in GN R1493 in GG 19495 of 27 November 1998 amended with effect from 1 July 2018, unless otherwise indicated

ELECTORAL ACT 73 OF Proposed amount of election deposit published for GG 41930 (26.09.18) 1998 comment

COMPETITION ACT 89 OF Competition Commission: Amended terms of reference GG 41932 (26.09.18) 1998 for the Grocery Retail Sector Market Inquiry published

South African Petroleum Industry Association (SAPIA): GG 41941 (28.09.18) Designation of the petroleum industry for the purpose of s. 10 (3) (b) (iv) for six months ending 31 March 2019 published

Invitation to comment on application for extension of GG 41941 (28.09.18) designation of the petroleum industry in terms of s. 10 (3) (b) (iv) after 31 March 2019 published

SOUTH AFRICAN Approval of official geographical names published GG 41937 (27.09.18) GEOGRAPHICAL NAMES COUNCIL ACT 118 OF 1998

INDEPENDENT Independent Communications Authority of South Africa 8

COMMUNICATIONS (ICASA): AUTHORITY OF SOUTH AFRICA ACT 13 OF 2000 Notice of intention to conduct an inquiry in terms of s. 4B GG 41928 (28.09.18) of the Act on unreserved postal services published for comment

Notice of intention to conduct an inquiry in terms of s. 4B GG 41944 (28.09.18) of the Act into the role and responsibilities of the Independent Communications Authority of South Africa in cybersecurity published for comment

MINERAL AND Broad-Based Socio-Economic Empowerment Charter for GG 41934 (27.09.18) PETROLEUM RESOURCES the Mining And Minerals Industry, 2018 (Mining Charter, DEVELOPMENT ACT 28 OF 2018) published and Broad-Based Socio-Economic 2002 Empowerment Charter for the Mining Industry, 2004 and Broad-Based Socio-Economic Empowerment Charter for the Mining And Minerals Industry, 2017 repealed

INTERNATIONAL TRADE International Trade Administration Commission of South ADMINISTRATION ACT 71 Africa (ITAC): OF 2002 Extension of Price Preference System (PPS) Policy GG 41938 (28.09.18) Guidelines on the Exportation of Ferrous and Non- Ferrous Waste and Scrap published

Amended Export Control Guidelines on the Exportation GG 41940 (28.09.18) of Ferrous and Non-Ferrous Waste and Scrap published

ELECTRONIC Call Termination Amendment Regulations, 2018 GG 41943 (28.09.18) COMMUNICATIONS ACT 36 published with effect from 1 October 2018 OF 2005 Proposed Policy and Policy Directions to the Authority on GG 41935 (27.09.18) Licensing of Unassigned High Demand Spectrum published for comment

Proposed Policy Directive on the Introduction of Digital GG 41928 (28.09.18) Sound Broadcasting (DSB) in South Africa published for comment

TRADITIONAL HEALTH Date of commencement of ss. 1, 2, 3, 11 (1) and 11 (2): GG 41945 (28.09.18) PRACTITIONERS ACT 22 1 October 2018 OF 2007

FINANCIAL SECTOR Notice of commencement published in GenN 169 in GG GG 41947 (01.08.18) REGULATION ACT 9 OF 41549 of 29 March 2018 amended 2017 Date of commencement of Chapter 14 (ss. 175 to 217 inclusive): 1 April 2019

Date of commencement of s. 290 in respect of:

• item 5 of the amendments to the Pension Funds Act 24 of 1956 in respect of s. 18 (1), and item 6 in respect of s. 19 (5) (a);

• item 1 (b) of the amendments to the Banks Act 94 of 1990 in respect of the definition of 'board of review' in s. 1 (1), and item 7 in respect of s. 9; 9

• the definition of 'appeal board' in s. 1, and s. 26B of the Financial Services Board Act 97 of 1990;

• item 1(b) of the amendments to the Mutual Banks Act 124 of 1993 in respect of the definition of 'board of appeal' in s. 1 (1), and item 6 in respect of s. 7 of the Mutual Banks Act;

• item 9 (a) of the amendments to the Financial Advisory and Intermediary Services Act 37 of 2002 in respect of s. 9 (1) (d);

• item 1 (a) of the amendments to the Co- operative Banks Act 40 of 2007 in respect of the definition of 'appeal board' in s. 1 (1), and item 18 in respect of ss. 75 and 76; and

• item 9 of the amendments to the Credit Rating Services Act 24 of 2012 in respect of s. 34 (2):

28 September 2018

INSURANCE ACT 18 OF Date of commencement of s. 72 (1) insofar as it repeals GG 41947 (01.08.18) 2017 ss. 48, 52, 53, 56, 59 and 60 of the Long-term Insurance Act 52 of 1998 and ss. 46 and 47 of the Short-term Insurance Act 53 of 1998: 1 October 2018

PROVINCIAL LEGISLATION

Eastern Cape

LOCAL GOVERNMENT: Amahlathi Local Municipality: Resolution for levying PG 4120 (24.09.18) MUNICIPAL PROPERTY property rates for the financial year 1 July 2018 to 30 RATES ACT 6 OF 2004 June 2019 published with effect from 1 July 2018

Gauteng

SPATIAL PLANNING AND Merafong City Local Municipality: Notice of intention to PG 271 (28.09.18) LAND USE MANAGEMENT adopt the Land Use Scheme, 2018 published ACT 16 OF 2013

KwaZulu-Natal

NEWCASTLE LOCAL Amendments to the Spatial Planning and Land Use PG 2002 (27.09.18) MUNICIPALITY Management By-laws published

NATIONAL BUILDING Newcastle Local Municipality: Building By-laws published PG 2002 (27.09.18) REGULATIONS AND BUILDING STANDARDS ACT 103 OF 1977

KWADUKUZA LOCAL Municipality Planning and Land Use Management By-law, PG 2002 (27.09.18) MUNICIPALITY 2016 published with effect from 1 January 2019 and previous by-law repealed

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SPATIAL PLANNING AND Term of office for KwaDukuza Municipal Planning PG 2002 (27.09.18) LAND USE MANAGEMENT Tribunal (MPT) members appointed extended for a ACT 16 OF 2013 (SPLUMA) further two years published

Limpopo

NATIONAL BUILDING Fetakgomo Tubatse Local Municipality: Notice of PG 2944 (21.09.18) REGULATIONS AND approval and adoption of the Building Regulations By-law BUILDING STANDARDS published ACT 103 OF 1977

NATIONAL ROAD TRAFFIC Registration of MBS Private Testing Stations as Grade PG 2945 (21.09.18) ACT 93 OF 1996 'A' Vehicle Testing Station published

Mpumalanga

MPUMALANGA TOURISM Determination of remuneration payable to Members of PG 2970 (21.09.18) AND PARKS AGENCY ACT the Board published 5 OF 2005

Northern Cape

SPATIAL PLANNING AND Kareeberg Local Municipality: Revision and expansion of PG 2214 (24.09.18) LAND USE MANAGEMENT the Spatial Development Framework (SDF) and the ACT 16 OF 2013 appointment of the service provider for the project published

Western Cape

DISASTER MANAGEMENT : City of Cape Town Metropolitan Municipality: Extension PG 7981 (21.09.18) ACT 57 OF 2002 of the declaration of a local state of disaster as a result of a devastating fire in the Imizamo-Yethu informal settlement situated in Hout Bay for a further one-month period from 1 October 2018 until 31 October 2018 published

City of Cape Town Metropolitan Municipality: Extension of declaration of a local state of drought disaster for a further one month from 25 September 2018 to 25 October 2018 published

WESTERN CAPE LAND Overstrand Local Municipality: Notice of intention to PG 7981 (21.09.18) USE PLANNING ACT 13 OF conduct a review of the Spatial Development Framework 2014 AND MUNICIPAL published LAND USE PLANNING BY- LAW, 2015

SEMINARS

LEAD SEMINARS DATES PRESENTER

ENGINEERING AND Midrand: 06-07 November 2018 Hugh Lane CONSTRUCTION CONTRACTS

LEGAL DEBT COLLECT Pretoria: 16 October 2018 Brett Bentley Johannesburg: 17 October 2018 East London: 24 October 2018 11

Port Elizabeth: 25 October 2018 Durban: 30 October 2018 Cape Town: 02 November 2018

For more information, co ntact the Knowledge Centre or visit www.lssalead.org.za