BULLETIN 10 of 2009
For the weeks of 23 July 2009 to 06 August 2009
BILLS
LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2009 SOUTH AFRICAN POSTBANK BILL, 2009 SOUTH AFRICAN POST OFFICE BILL, 2009 LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2009 GG 32424 (20.07.09) GG 32422 (20.07.09) GG 32423 (20.07.09) GG 32425 (20.07.09)
PROCLAMATIONS AND NOTICES
DEPARTMENT OF BASIC EDUCATION Draft Learner Attendance Policy and Procedures, 2009 published for comment GG 32414 (17.07.09)
DEPARTMENT OF COMMUNICATIONS
Proposed Set Top Box Manufacturing Sector Development Strategy for South Africa published for comment
GG 32421 (22.07.09)
CUSTOMS AND EXCISE ACT 91 OF 1964
Schedule 1 amended Schedule 2 amended Schedule 3 amended Schedule 4 amended Schedule 6 amended
GG 32416 (24.07.09) GG 32406 (15.07.09) GG 32416 (24.07.09) GG 32416 (24.07.09) GG 32416 (24.07.09)
FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT 54 OF 1972
Amendment regulations governing tolerances for fungus-produced toxins in foodstuffs published Draft amendment regulations relating to foods for infants, young children and children published for comment
GG 32409 (17.07.09) GG 32410 (17.07.09)
VALUE-ADDED TAX ACT 89 OF 1991
Schedule 1 amended
GG 32416 (24.07.09)
FILMS AND PUBLICATIONS ACT 65 OF 1996
Guidelines to be used in the classification of films, interactive computer games and certain publications published
GG 32412 (17.07.09)
NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF
National norms and standards for the marking of rhinoceros horn and the hunting of white rhinoceros for trophy hunting purposes published
GG 32426 (20.07.09)
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2004
ELECTRONIC COMMUNICATIONS ACT 36 OF 2005
Public Service Broadcasting Discussion Paper to Amend the Broadcasting Act, 1999 published for comment Notice of public hearings on the draft Radio Frequency Spectrum Licence Fees Regulations published for comment in GenN 304 in GG 32029 of 16 March 2009 published Criteria for awarding radio frequency spectrum licences for competing applications or instances where there is insufficient spectrum in the 2.6GHz and 3.5GHz bands available to accommodate demand published Draft Radio Frequency Spectrum Licence Regulations published for comment
GG 32420 (20.07.09) GG 32430 (22.07.09)
GG 32436 (22.07.09)
GG 32437 (22.07.09)
ACCOUNTING STANDARDS BOARD
Exposure Drafts of the Improvements to the Standards of GRAP and the Interpretation of the Standards of GRAP published for comment
GG 32443 (31.07.09)
MAGISTRATES' COURTS ACT 32 OF 1944
Creation of sub-districts and the appointment of a place within the sub-district for the holding of a court published
GG 32433 (24.07.09)
CUSTOMS AND EXCISE ACT 91 OF 1964
Schedule 1 amended Schedule 2 amended Provisional payment PP/134 published in GN R414 in GG 32113 of 9 April 2009 amended
GG 32444 (31.07.09) GG 32444 (31.07.09) GG 32444 (31.07.09)
PENSION FUNDS ACT 24 OF 1956
Cancellation of the approval to act as an administrator in terms of s. 13B published Cancellation of registration in terms of s 28 (15) published Cancellation of registration of pension funds and participating employers in terms of s. 27 (1) (a) published
GG 32442 (24.07.09) GG 32442 (24.07.09) GG 32442 (24.07.09)
MEDICINES AND RELATED SUBSTANCES ACT 101 OF 1965
Regulations relating to a transparent pricing system for medicines and scheduled substances: extension of comments period on proposed amendment to dispensing fee for pharmacists published for comment in GN R688 in GG 32330 of 19 June 2009 published Conditions of registration of a medicine in terms of s. 15 (7) published
GG 32427 (20.07.09)
GG 32440 (31.07.09)
ROAD ACCIDENT FUND ACT 56 OF 1996
Adjustment of statutory limit in respect of claims for loss of income and loss of support published
GG 32443 (31.07.09)
MARINE LIVING RESOURCES ACT 18 OF 1998
Policy for the Transfer of Commercial Fishing Rights in South Africa published
GG 32449 (31.07.09)
ROAD TRAFFIC MANAGEMENT CORPORATION ACT 20 OF 1999
First Amendment to the Road Traffic Management Corporation Regulations published with effect from 1 October 2009
GG 32428 (24.07.09)
QUANTITY SURVEYING PROFESSION ACT 49 OF 2000
Quantity Surveying: Identification of work and scope of services to be provided by persons registered in terms of the Act published The South African Council for the Quantity Surveying Profession:
GG 32435 (24.07.09) GG 32435 (24.07.09)
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Accreditation Policy published Council Examinations Parts 1 & 2 published Continuing Professional Development Policy published Registration and Assessment of Professional Competence Policy published Accreditation submission published Registration route for candidate quantity surveyors published GG 32435 (24.07.09) GG 32435 (24.07.09) GG 32435 (24.07.09) GG 32435 (24.07.09) GG 32435 (24.07.09)
SECURITIES SERVICES ACT 36 OF 2004
Proposed amendments to the Rules of the JSE Limited published for comment and commencement on the 17 August 2009
GG 32443 (31.07.09)
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
List of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage published for comment
GG 32434 (24.07.09)
NATIONAL PORTS ACT 12 OF 2005
Draft Port Limits Regulations published for comment
GG 32443 (31.07.09)
ELECTRONIC COMMUNICATIONS ACT 36 OF 2005
Regulations setting out the minimum standards for end-user and subscriber service charters published and End-user and Subscriber Service Charter Regulations published in GenN 272 in GG 30792 of 25 February 2008 and End-user and Subscriber Service Charter Regulations published in GN 1166 in GG 31556 of 31 October 2008 repealed Clarification and amendment to notice on individual commercial free to air sound broadcasting service licences for the provisioning of broadcasting services published in GenN 330 in GG 32072 of 27 March 2009 published
GG 32431 (24.07.09)
GG 32456 (28.07.09)
NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT 5 OF 2008
Proposed amendment to the compulsory specification for motor vehicles of Category N1 published for comment Proposed amendment to the compulsory specification for replacement brake lining assemblies for road vehicles published for comment Proposed introduction of a compulsory specification for single capped fluorescent lamps published for comment Proposed introduction of a compulsory specification for motor vehicles of Category L published for comment Proposed amendment to the compulsory specification for motor vehicles of Category M1 published for comment Correction to compulsory specification for lamp controlgear published in GN R90 in GG 31844 of 6 February 2009 published Correction to compulsory specification for electrical and electronic apparatus published in GN R89 in GG 31844 of 6 February 2009 published
GG 32443 (31.07.09) GG 32443 (31.07.09)
GG 32443 (31.07.09) GG 32443 (31.07.09) GG 32443 (31.07.09) GG 32443 (31.07.09)
GG 32443 (31.07.09)
PROVINCIAL LEGISLATION
Eastern Cape
Local Government: Municipal Property Rates Nkonkobe Local Municipality: Rates By-law published with effect PG 2151 (09.07.09)
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Act 6 of 2004 Local Government: Municipal Structures Act 117 of 1998 from 1 July 2009 Final designation of full-time councillor published PG 2153 (13.07.09)
Gauteng
Local Government: Municipal Property Rates Act 6 of 2004 Mogale City Local Municipality: Municipal Property Rates By-laws published in LAN 1120 in PG 157 of 7 July 2009 corrected PG 161 (22.07.09)
KwaZulu-Natal
KwaZulu-Natal Youth Commission Act Repeal Bill, 2009 National Road Traffic Act 93 of 1996: (PN 141 in Constitution of the Republic of South Africa, 1996, Local Government: Municipal Structures Act 117 of 1998 and Local Government: Municipal Systems Act 32 of 2000 Constitution of the Republic of South Africa, 1996, Local Government: Municipal Structures Act 117 of 1998, National Road Traffic Act 93 of 1996 and Local Government: Municipal Systems Act 32 of 2000 Published for comment PG 308 (17.07.09)
Cancellation of registration of vehicle testing station published Ubuhlebezwe Municipality: By-laws relating to Offences, Penalties and Appeals, By-laws relating to the Keeping of Dogs, By-laws relating to the Keeping of Animals and Birds but excluding Dogs, Library By-laws, By-laws relating to the Carrying on of the Business of Street Vendor, Pedlar or Hawker and Signs By-laws published Ubuhlebezwe Municipality: By-laws relating to the Regulation of Mini Bus Taxis and Buses published
PG 310 (30.07.09) PG 310 (30.07.09)
PG 310 (30.07.09)
Limpopo
National Road Traffic Act 93 of 1996 Local Government: Municipal Systems Act 32 of 2000 Determination of new annual administration fee for private vehicle testing station for 2009/10 published Makhado Municipality: Amendment of Tariff of Charges for Water Supply By-laws, Drainage By-laws, Abattoir By-laws, By-laws relating to the Control of Temporary Advertisements and Pamphlets, Aerodrome By-laws, Building By-laws, Caravan Park By-laws, Cemetery By-laws, Electricity By-laws, By-laws relating to Hawkers, By-laws relating to the Control of Inflammable Liquids and Substances, By-laws for the Determination of Charges for the Issuing of Certificates and Furnishing of Information, Library Bylaws, Traffic By-laws, By-laws relating to Street Trading and Swimming Bath By-laws published with effect from 1 July 2009 Mopani District Municipality: Declaration of disaster area due to persisting drought published PG 1649 (24.07.09) PG 1650 (24.07.09)
Disaster Management Act 57 of 2002
PG 1651 (23.07.09)
Mpumalanga
Local Government: Municipal Property Rates Act 6 of 2004 Local Government: Municipal Systems Act 32 of 2000 and Constitution of the Republic of South Africa, 1996 Constitution of the Republic of South Africa, 1996, Local Government: Municipal Albert Luthuli Municipality: Draft Property Rates By-law available for comment on www.albertluthuli.gov.za Umjindi Local Municipality: Rates By-law published with effect from 1 July 2009 PG 1692 (17.07.09)
PG 1693 (20.07.09)
Steve Tshwete Local Municipality: Customer Care and Revenue Management By-laws published
PG 1696 (24.07.09)
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Property Rates Act 6 of 2004 and Local Government: Municipal Systems Act 32 of 2000 Constitution of the Republic of South Africa, 1996 and Mpumalanga Commissions of Inquiry Act 11 of 1998 Appointment of commission of inquiry for investigation into certain alleged procurement irregularities in the then Provincial Department of Public Works and appointment of commission of inquiry for investigation on Scholar Transport published PG 1698 (24.07.09)
North-West
Local Government: Municipal Property Rates Act 6 of 2004 North West Gambling Act 2 of 2001 Kagisano Local Municipality: Rates By-law published with effect from 1 July 2009 Draft North West Gambling Amendment Regulations published for comment in GenN 75 in PG 6606 of 27 February 2009 shall come into operation retrospectively with effect from 11 May 2009, save for regulation 73 which shall come into operation on a date still to be determined Appointment of commission of inquiry to investigate succession dispute around the chieftainship of Batlhaku Ba Leema Traditional Community and appointment of commission of inquiry to investigate succession dispute around the chieftainship of Bahurutshe Ba Moiloa Boo Ramotshere in Lehurutshe published Naledi Local Municipality: Rates By-law published with effect from 1 July 2009 Published for comment Published for comment Tlokwe City Council: Housing Policy published PG 6658 (17.07.09)
PG 6663 (21.07.09)
Constitution of the Republic of South Africa, 1996 and North West Commissions Act 18 of 1994 Local Government: Municipal Property Rates Act 6 of 2004 North West Roads Agency Bill, 2007 North West Roads Bill, 2007 Local Government: Municipal Systems Act 32 of 2000
PG 6664 (22.07.09)
PG 6665 (27.07.09)
PG 6666 (30.07.09) PG 6666 (30.07.09) PG 6667 (28.07.09)
Free State
Free State Gambling and Racing Act 6 of 1996 Invitation for applications for bookmaker licences published PG 52 (24.07.09)
Northern Cape
Northern Cape Appropriation Act 5 of 2009 Local Government: Municipal Property Rates Act 6 of 2004 Date of commencement: 17 July 2009 Gamagara Municipality: Property Rates By-law 1 of 2009 published with effect from 1 July 2009 PG 1322 (17.07.09) PG 1324 (27.07.09)
Western Cape
Local Government: Municipal Structures Act 117 of 1998 Breede River/Winelands: Fifth draft establishment amendment notice published for comment Kannaland Municipality: Fifth draft establishment amendment notice published for comment Corrected Local Government: Municipal Demarcation Act 27 of 1998 Local Government: Municipal Property Rates Act 6 of 2004 Local Government: Municipal Systems Act 32 of Correction of PN 179 in PG 6358 of 22 May 2006 published PG 6641 (10.07.09) PG 6641 (10.07.09) PG 6643 (17.07.09) PG 6641 (10.07.09)
Cape Agulhas Municipality: Property Rates By-law published
PG 6641 (10.07.09)
Stellenbosch Municipality: Tariffs By-law published with effect from 1 July 2009
PG 6641 (10.07.09)
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2000 Local Government: Municipal Property Rates Act 6 of 2004 Land Use Planning Ordinance 15 of 1985 Stellenbosch Municipality: Rates By-law published with effect from 1 July 2009 Amendment of Scheme Regulations published PG 6641 (10.07.09)
PG 6643 (17.07.09)
IMPORTANT NEWS / NOTICES / CIRCULARS
Registrars Circular 7/2009 (Vryburg) From the 3 August 2009 all registered deeds and documents will be image scanned. st From the 1 September 2009 the single deed system will commence and that implies that Registrar Circular 4/2009 will be fully operational and adhered to. st The deeds view facility will be operational and available to all registered users as from the 1 September 2009.
rd
Registrars Circular 7/2009 (Pretoria) The Municipal Property Rates Act No 6 of 2004 1. As an interim measure and until a final arrangement as to the rating of property is made the following measures will apply: 1.1. Examiners need not insist on rates clearance certificate for rights registered against immovable property, as provided for in the definition of property. This will have the effect that no rates clearance certificate need be called for the registration of inter alia, exclusive use areas, cessions of real rights of extension, cession of lease agreement and cession of servitudes.
1.2.
With regard to the transferring of sections simultaneously with the opening of the sectional title register of phase development, the clearance certificate for the land will suffice for the registration of the simultaneous transfers. Thus, no rates clearance certificates will be required for the units transferred.
2.
Kindly note the above measures only covers “property” within jurisdiction of the Kungwini Local Municipality.
Registrars Circular 8/2009 (Pietermaritzburg) Implementation of Local Government: Municipal Property Rates Act No 6 of 2004 3. ETHEKWINI MUNICIPALITY: ◊ In view of blanket clearance certificate by the eThekwini Municipality issued in terms of Section 118 of the Local Government Municipal Systems Act 2 of 2000, rates or rates clearance certificates are no longer required to be lodged with the transfer or registration of transfer of any rights defined under the Local Government Municipal Systems Act 2 of 2000 and the Local Government: Municipal Property Rates Act 6 of 2004 pertaining to properties situated in the municipal area of eThekwini. This means that no rates or rates clearance certificates needs to be lodged with the Cession of Exclusive use area/s, Cession of rights to extend, Notarial deeds of Usufructs, Usus and Habitatio, registration and session of Leases and any cession of these rights pertaining to properties within the jurisdiction of the eThekwini Municipality.
◊
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◊ The blanket clearance certificates is filed under the reference BC 22729/2009 which is filed with the Miscellaneous/Township Section as well as on the shared drive under the folder Municipalities Clearance Certificates.
4.
OTHER MUNICIPALITIES: Registrars Circular 6/2009 will continue to apply to the registration of cession of these rights of properties situated in Municipalities that have not yet provide the Registrar of Deeds with blanket clearance certificate in term of Section 118.
Contact the Knowledge Centre for more information.
GENERAL
Zuma names Sandile Ngcobo as Chief Justice
Article by Bathandwa Mbola - BuaNews
President Jacob Zuma on Thursday nominated Constitutional Court Judge Sandile Ngcobo as the country’s new Chief Justice.
“I have decided to nominate Justice Sandile Ngcobo as the next Chief Justice as Chief Justice Pius Langa is due to retire,” the President told reporters at a press briefing hosted by the National Press Club. He said he had engaged with the Judicial Services Commission and leaders of political parties represented in the National Assembly before making his decision. He further said he had taken the decision "properly" and "objectively". Judge Ngcobo was suitably qualified and experienced for the position, said President Zuma.
A graduate of the universities of Zululand, Natal, Georgetown Law Centre and Harvard, Judge Ngcobo will bring a wealth of experience to the task of heading the highest court in the land. He was born in Durban in 1953 and completed his undergraduate BProc studies in 1975, obtaining distinctions in constitutional law, mercantile law and accounting. He was admitted as an attorney six years later, after stints as a clerk and public prosecutor.
President Zuma said he would also be announcing who would serve on the Judicial Services Commission soon, following the wrapping up of interviews recently. “We believe that a well-resourced judiciary will greatly enhance our fight against crime,” he said.
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SEMINARS
SA LABOUR GUIDE SUCCESSFULLY CONDUCTING YOUR CASE DURING CONCILIATIONS & ARBITRATIONS IN THE CCMA & BARGAINING
Southern Sun: O R Tambo International Airport: Johannesburg (Gauteng only)
09, 10 & 11 September 2009
R4990.00 (VAT inclusive) per delegate Price includes course material, certificates, legislation & refreshments Contact : Magda
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COUNCIL
Tel: (012) 661 3208 Fax: (012) 661 1411 info@labourguide.co.za
BSP SEMINARS CORPORATE CGT: FUNDAMENTALS HALF DAY AM AND ADVANCED HALF DAY PM
East London Cape Town Durban Vereeniging Pretoria Johannesburg: Parktown
17 August 2009 19 August 2009 24 August 2009
R1950.00 pp per half day seminar R1500.00 pp for the Provisional Tax Seminar Contact: Lesley Byrne
27 August 2009 Tel: 011-234-2434 31 August 2009 Fax: 011-234-3373 10 September 2009 lesley@bspseminars.co.za www.bspseminars.co.za
SECONDARY TAX ON DIVIDENDS HALF DAY AM & PROVISIONAL TAX TWO HOURS PM
East London Cape Town Durban Vereeniging Pretoria Johannesburg: Parktown
18 August 2009 20 August 2009 25 August 2009 28 August 2009 01 September 2009 11 September 2009 26 & 27 October 2009 Members (incl. VAT) R3950.00 Non-members (incl. VAT) R4950.00 Trainees R1000.00 Contact : paulettew@saica.co.za or www.saica.co.za
SAICA TAX CONFERENCE 2009
Sandton Convention Centre Johannesburg
All upcoming seminars can be viewed at www.phfirms.co.za/kc
RECOMMENDED READING
Human Rights Violations Against Women & Truth Commissions, July 2009 Media v Judicial Service Commission, July 2009 National Credit Act 34 of 2005, Section 129 notice – dispatch or receipt? Lisa Mills, De Rebus, August 2009 King III review, Steven Good, De Rebus, August 2009
This bulletin was compiled by Lucy Nthotso.