It’s been a busy 2 weeks so we have not sent out a Newsflash… apologies but there really was not much to report on.
We have however kept tabs on legal movements which are listed below. Some of these publications call for comments, which in the main have to be submitted by 30 October 2020.
The more important bits have been elaborated on further below in the newsflash.
Until next week- heads up and masks on….
Alison and THE LEGAL TEAM
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AGRICULTURE
G43835. RG11188. GoN 1137 23 Oct 2020 AGRICULTURE -GRAPES FOR EXPORT -MARKETING OF AGRICULTURAL PRODUCTS ACT: REGISTRATION G43835 RG11188 GoN 1135 23 Oct 2020
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AVIATION
AVIATION- DRAFT AMENDMENTS TO THE CIVIL AVIATION REGULATIONS, 2011 NO. R. 1140 23 OCTOBER 2020
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COMPANIES
STATE OWNED ENTERPRISES – SOC’S – SUBMISSION OF ANNUAL FINANCIALS G43734 GoN 1018 DEPARTMENT OF TRADE, INDUSTRY AND COMPETITION SEPTEMBER 2020
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NATIONAL DISASTER MANAGEMENT ACT
DISASTER MANAGEMENT ACT: EXTENSION OF COVID – NDMA – EXTENSION OF NATIONAL STATE OF DISASTER Disaster Management Act: Extension of National State of Disaster under Coronavirus COVID-19 lockdown G43808 GoN 1090 14 Oct 2020 COVID 19-DISASTER MANAGEMENT AMENDMENT BILL: EXPLANATORY SUMMARY G43834 GeN 601 23 Oct 2020 FF Plus proposes Disaster Management Act amendments The FF Plus has tabled a Disaster Management Amendment Bill in Parliament – the aim – addressing a perceived lacuna in the Act regarding ‘legislative accountability and oversight’. To that end, comment is sought on a draft of the proposed new piece of legislation that, if enacted, among other things would empower the National Assembly to determine the duration of a state of disaster and any proposed extension – and approve any regulations envisaged. |
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ELECTRONIC COMMUNICATIONS ACT
DRAFT WHITE PAPER ON AUDIO AND AUDIOVISUAL CONTENT SERVICES POLICY FRAMEWORK Comments invited by 30 November 2020. The DCDT has drafted a White Paper which aims to ensure that a similar technological neutral approach of treating EC service providers in the same way as adopted in the EU, is adopted, so as to ensure regulatory parity and fair competition. The proposals contained in the White Paper cover the following areas: · A new audio and audiovisual content services licence covering a broader category of “audio and audiovisual content services”. · Different Categories of audio and audiovisual content services licences, divided into 3 sub-categories: broadcasting services; on-demand content services; and video sharing platform services. · Transitional framework to convert licences. · Clarification that the SABC is the sole public broadcaster. · Individual thresholds, – for broadcasting services and on-demand content service -annual turnover of R100 million in the previous financial year; · Class licence threshold – annual turnover of R50 million in the previous financial year · on-demand content services below the above entry level threshold will be exempt from applying for a licence; · Relaxation of ownership (including foreign ownership) restrictions. · Framework for digital radio. · Progression of technical standards for digital radio and a licensing framework for digital audio broadcasting in South Africa. · South African content quotas. · Enhanced protection of children and consumers. · Regulation of advertising. · Intellectual property protection. WHITE PAPER ON AUDIO AND AUDIOVISUAL CONTENT SERVICES POLICY FRAMEWORK: DRAFT: COMMENTS INVITED G43797 GoN 1081 9 Oct 2020 The DCDT invites interested parties to comment on the proposals outlined in the White Paper by 30 November 2020. |
ENVIRONMENTAL
Take note of the draft updated Gauteng Provincial Environmental Management Framework for public comments. The said Environmental Management Framework is now available for public scrutiny. Members of the public are invited to submit, within thirty (30) days of publication of this notice in the Government Gazette, written representations or objections on the draft updated Gauteng Provincial Environmental Management Framework.
G43827 GeN 580 22 Oct 2020
NEMA- DRAFT GAUTENG PROVINCIAL ENVIRONMENTAL MANAGEMENT FRAMEWORK G43820 GeN 575 19 Oct 2020
Comments invited G43802GoN 1088 Comment by12 Nov 2020 13 Oct 2020
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FINANCIAL MARKETS October 2020- comments by 30 October 2020 FUNCTIONS OF THE PRUDENTIAL AUTHORITY AND THE FINANCIAL SECTOR CONDUCT AUTHORITY G43810 GoN 1094 16 Oct 2020 COFI Bill The National Treasury has published for comment a second draft of the Conduct of Financial Institutions Bill (“COFl) Comments must be submitted by 30 October 2020. COFI is aimed at consolidating the conduct standards of financial institutions housed in various pieces of legislation into one statute. This is a move away from the regulation of conduct according to the specific activity undertaken by that institution. Over and above the streamlining of the financial sector conduct regulation, COFI is also aimed at the implementation of the Treating Customers Fairly (“TCF”) principles. The inclusion of TCF principles in COFI will render those principles legally binding and enforceable across all financial institutions. Chief among the changes in the revised draft is the interface of the Bill with other financial sector legislation. The proposed changes aim to reduce inconsistencies with other legislation and will lead to the amendment of some statutes and the repeal of others. As it currently stands, the following acts will be affected, among others
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MUNICIPAL FINANCE MANAGEMENT ACT: REGULATIONS: MUNICIPAL SUPPLY CHAIN MANAGEMENT: AMENDMENT Take note of the following proposed amendments : A supply chain management policy must, provide for the procurement of goods and services by way of— (a) petty cash purchases, up to a transaction value of R2000 (VAT included); (b) written or verbal quotations for procurements of a transaction value over R2 000 up to R10 000 (VAT included); (c) formal written price quotations for procurement of a transaction value over— (i) R10 000 up to R300 000 (VAT included), in the case of a local municipality; (ii) R10 000 up to R200 000 (VAT included), in the case of a district municipality; (iii) R10 000 up to R750 000 (VAT included), in the case of a metropolitan municipality; and (d) a competitive bidding process for— (i) procurement above a transaction value of R300 000 (VAT included), in the case of a local municipality; (ii) procurement above a transaction value of R200 000 (VAT included), in the case of a district municipality; and (iii) procurement above a transaction value of R750 000 (VAT included), in the case of a metropolitan municipality.”; and A supply chain management policy must specify— (a) that goods or services above a transaction value of— (i) R300 000 (VAT included), in the case of a local municipality; (ii) R200 000 (VAT included), in the case of a district municipality; and (iii) R750 000 (VAT included), in the case of a metropolitan municipality, may be procured by the municipality or municipal entity only through a competitive bidding process, subject to regulation 11(2); and (b) that no requirement for goods or services above an estimated transaction value of— (ii) R300 000 (VAT included), in the case of a local municipality; (ii) R200 000 (VAT included), in the case of a district municipality; and (iii) R750 000 (VAT included), in the case of a metropolitan municipality, may deliberately be split into parts or items of lesser value merely for the sake of procuring the goods or services otherwise than through a competitive bidding process.”. A supply chain management policy may allow the accounting officer to procure consulting services provided that any Treasury guidelines in respect of consulting services are taken into account when such procurement is made. A contract for the provision of consultancy services to a municipality or municipal entity must be procured through competitive bids if— (a) the value of the contract exceeds R300 000 (VAT included), in the case of a local municipality; or (b) the value of the contract exceeds R200 000 (VAT included), in the case of a district municipality; or (c) the value of the contract exceeds R750 000 (VAT included), in the case of a metropolitan municipality; or (d) the period of the contract exceeds one year.”.1. Regulation 12 is hereby amended— item: A supply chain management policy may allow the accounting officer to procure consulting services provided that any Treasury guidelines in respect of consulting services are taken into account when such procurement is made. A contract for the provision of consultancy services to a municipality or municipal entity must be procured through competitive bids if— (a) the value of the contract exceeds R300 000 (VAT included), in the case of a local municipality; or (b) the value of the contract exceeds R200 000 (VAT included), in the case of a district municipality; or (c) the value of the contract exceeds R750 000 (VAT included), in the case of a metropolitan municipality; or (d) the period of the contract exceeds one year. MUNICIPAL FINANCE MANAGEMENT ACT: REGULATIONS: MUNICIPAL SUPPLY CHAIN MANAGEMENT: AMENDMENT G43810 GoN 1095 Comment by30 Nov 2020 |
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HEALTH & SAFETY G43835 RG11188 GoN 1138 23 Oct 2020 Comment by 21 Dec 2020 |
RAILWAYS INFRASTRUCTURE OR ACTIVITY AFFECTING SAFE RAILWAY OPERATIONS G43834 GeN 604 23 Oct 2020
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JUSTICE: LPC BEGINS B-BBEE CODE OF GOOD PRACTICE CONSULTATIONS Provincial consultations on a broad-based black economic empowerment (B-BBEE) code of good practice for the legal services sector are scheduled to begin next month, according to a media statement issued last week by the Legal Practice Council. The statement refers to a notice unceremoniously published in June, among other things announcing the council’s intentions and calling on stakeholders to communicate them to their ‘affiliates’. It appears neither to have been gazetted nor posted visibly on the council’s website. No reference is made to the B-BBEE charter published in 2007 and developed by the Law Society of SA.
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AIR QUALITY – TAKE NOTE THAT SUBSEQUENT PLANS ARE DUE FOR SUBMISSION ON 31 MAY 2021.
Data Providers who were required to submit an initial pollution prevention plan covering the period up to and expiring on 31 December 2020 are now required to submit an updated report for the renewed reporting period which will cover subsequent periods of five calendar years each. The department has also established a process to manage the carbon budgets for the period of 01 January 2021 to 31 December 2022, this due to the fact that it is in the process of developing the Climate Change Act. Once the proposed Climate Change Act becomes effective, Regulations for Carbon Budget and Mitigation Plans will be developed, accompanied by the carbon budget methodology and requirements for content of mitigation plans in preparation for implementation beyond the pilot period transitional arrangement proposed above. |
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INPUT SOUGHT ON ROAD TRAFFIC AMENDMENT BILL [B7 – 2020] INVITATION FOR PUBLIC SUBMISSIONS
The Portfolio Committee on Transport invites interested people and stakeholders to submit written comments on the National Road Traffic Amendment Bill [B 7 – 2020].
The Bill seeks to amend the National Road Traffic Act, 1996, so as to insert new and amend other definitions;provide for the suspension and cancellation of the registration of an examiner for driving licenses or an examiner of vehicles, if such person has been convicted of an offence listed in Schedule 1 or 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or has a direct or indirect conflict of interest; prohibit and reduce the limit of alcohol in a specimen of blood taken from any part of the body.
Enquiries as well as written submissions can be sent to the Portfolio Committee on Transport (Attention: Valerie Carelse) via e-mail to trafficbill@parliament.gov.za In addition to the written comments, please indicate your interest in making a verbal presentation to the Committee.
Enquiries as well as written submissions can be sent to the Portfolio Committee on Transport (Attention: Valerie Carelse) via e-mail to trafficbill@parliament.gov.za In addition to the written comments, please indicate your interest in making a verbal presentation to the Committee.
The closing date for submissions is 20 November 2020. |
TAX
Tax Administration Act: Regulations New Common Reporting Standard G43781 RG11184 GoN 1070 9 Oct 2020 TAX ADMINISTRATION LAWS AMENDMENT BILL: EXPLANATORY SUMMARY
G43830 GoN 1106| 23 Oct 2020
Value-Added Tax Act (89/1991) SOUTH AFRICAN REVENUE SERVICE Government Gazette 2020-10-09
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Various
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Please note that this is a high level overview of the Regulatory developments. This content is made available at no charge. Should you however, require a more detailed regulatory service, please send us an e-mail setting out your requirements. info@compliancetools.co.za