BULLETIN 10 of 2009
For the weeks of 23 July 2009 to 06 August 2009
BILLS
LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2009 GG 32424 (20.07.09)
SOUTH AFRICAN POSTBANK BILL, 2009 GG 32422 (20.07.09)
SOUTH AFRICAN POST OFFICE BILL, 2009 GG 32423 (20.07.09)
LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2009 GG 32425 (20.07.09)
PROCLAMATIONS AND NOTICES
DEPARTMENT OF BASIC Draft Learner Attendance Policy and Procedures, 2009 published GG 32414 (17.07.09)
EDUCATION for comment
DEPARTMENT OF Proposed Set Top Box Manufacturing Sector Development GG 32421 (22.07.09)
COMMUNICATIONS Strategy for South Africa published for comment
CUSTOMS AND EXCISE Schedule 1 amended GG 32416 (24.07.09)
ACT 91 OF 1964
Schedule 2 amended GG 32406 (15.07.09)
Schedule 3 amended GG 32416 (24.07.09)
Schedule 4 amended GG 32416 (24.07.09)
Schedule 6 amended GG 32416 (24.07.09)
FOODSTUFFS, Amendment regulations governing tolerances for fungus-produced GG 32409 (17.07.09)
COSMETICS AND toxins in foodstuffs published
DISINFECTANTS ACT 54
OF 1972 Draft amendment regulations relating to foods for infants, young GG 32410 (17.07.09)
children and children published for comment
VALUE-ADDED TAX ACT Schedule 1 amended GG 32416 (24.07.09)
89 OF 1991
FILMS AND Guidelines to be used in the classification of films, interactive GG 32412 (17.07.09)
PUBLICATIONS ACT 65 OF computer games and certain publications published
1996
NATIONAL National norms and standards for the marking of rhinoceros horn GG 32426 (20.07.09)
ENVIRONMENTAL and the hunting of white rhinoceros for trophy hunting purposes
MANAGEMENT: published
BIODIVERSITY ACT 10 OF
2
2004
ELECTRONIC Public Service Broadcasting Discussion Paper to Amend the GG 32420 (20.07.09)
COMMUNICATIONS ACT Broadcasting Act, 1999 published for comment
36 OF 2005
Notice of public hearings on the draft Radio Frequency Spectrum GG 32430 (22.07.09)
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 GG 32436 (22.07.09)
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 GG 32437 (22.07.09)
for comment
ACCOUNTING Exposure Drafts of the Improvements to the Standards of GRAP GG 32443 (31.07.09)
STANDARDS BOARD and the Interpretation of the Standards of GRAP published for
comment
MAGISTRATES' COURTS Creation of sub-districts and the appointment of a place within the GG 32433 (24.07.09)
ACT 32 OF 1944 sub-district for the holding of a court published
CUSTOMS AND EXCISE Schedule 1 amended GG 32444 (31.07.09)
ACT 91 OF 1964
Schedule 2 amended GG 32444 (31.07.09)
Provisional payment PP/134 published in GN R414 in GG 32113 of GG 32444 (31.07.09)
9 April 2009 amended
PENSION FUNDS ACT 24 Cancellation of the approval to act as an administrator in terms of GG 32442 (24.07.09)
OF 1956 s. 13B published
Cancellation of registration in terms of s 28 (15) published GG 32442 (24.07.09)
Cancellation of registration of pension funds and participating GG 32442 (24.07.09)
employers in terms of s. 27 (1) (a) published
MEDICINES AND Regulations relating to a transparent pricing system for medicines GG 32427 (20.07.09)
RELATED SUBSTANCES and scheduled substances: extension of comments period on
ACT 101 OF 1965 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) GG 32440 (31.07.09)
published
ROAD ACCIDENT FUND Adjustment of statutory limit in respect of claims for loss of income GG 32443 (31.07.09)
ACT 56 OF 1996 and loss of support published
MARINE LIVING Policy for the Transfer of Commercial Fishing Rights in South GG 32449 (31.07.09)
RESOURCES ACT 18 OF Africa published
1998
ROAD TRAFFIC First Amendment to the Road Traffic Management Corporation GG 32428 (24.07.09)
MANAGEMENT Regulations published with effect from 1 October 2009
CORPORATION ACT 20 OF
1999
QUANTITY SURVEYING Quantity Surveying: Identification of work and scope of services to GG 32435 (24.07.09)
PROFESSION ACT 49 OF be provided by persons registered in terms of the Act published
2000
The South African Council for the Quantity Surveying Profession: GG 32435 (24.07.09)
3
Accreditation Policy published
Council Examinations Parts 1 & 2 published GG 32435 (24.07.09)
Continuing Professional Development Policy published GG 32435 (24.07.09)
Registration and Assessment of Professional Competence Policy GG 32435 (24.07.09)
published
Accreditation submission published GG 32435 (24.07.09)
Registration route for candidate quantity surveyors published GG 32435 (24.07.09)
SECURITIES SERVICES Proposed amendments to the Rules of the JSE Limited published GG 32443 (31.07.09)
ACT 36 OF 2004 for comment and commencement on the 17 August 2009
NATIONAL List of activities which result in atmospheric emissions which have GG 32434 (24.07.09)
ENVIRONMENTAL or may have a significant detrimental effect on the environment,
MANAGEMENT: AIR including health, social conditions, economic conditions, ecological
QUALITY ACT 39 OF 2004 conditions or cultural heritage published for comment
NATIONAL PORTS ACT 12 Draft Port Limits Regulations published for comment GG 32443 (31.07.09)
OF 2005
ELECTRONIC Regulations setting out the minimum standards for end-user and GG 32431 (24.07.09)
COMMUNICATIONS ACT subscriber service charters published and End-user and
36 OF 2005 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 GG 32456 (28.07.09)
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
NATIONAL REGULATOR Proposed amendment to the compulsory specification for motor GG 32443 (31.07.09)
FOR COMPULSORY vehicles of Category N1 published for comment
SPECIFICATIONS ACT 5
OF 2008 Proposed amendment to the compulsory specification for GG 32443 (31.07.09)
replacement brake lining assemblies for road vehicles published
for comment
Proposed introduction of a compulsory specification for single GG 32443 (31.07.09)
capped fluorescent lamps published for comment
Proposed introduction of a compulsory specification for motor GG 32443 (31.07.09)
vehicles of Category L published for comment
Proposed amendment to the compulsory specification for motor GG 32443 (31.07.09)
vehicles of Category M1 published for comment
Correction to compulsory specification for lamp controlgear GG 32443 (31.07.09)
published in GN R90 in GG 31844 of 6 February 2009 published
Correction to compulsory specification for electrical and electronic GG 32443 (31.07.09)
apparatus published in GN R89 in GG 31844 of 6 February 2009
published
PROVINCIAL LEGISLATION
Eastern Cape
Local Government: Nkonkobe Local Municipality: Rates By-law published with effect PG 2151 (09.07.09)
Municipal Property Rates
4
Act 6 of 2004 from 1 July 2009
Local Government: Final designation of full-time councillor published PG 2153 (13.07.09)
Municipal Structures Act 117
of 1998
Gauteng
Local Government: Mogale City Local Municipality: Municipal Property Rates By-laws PG 161 (22.07.09)
Municipal Property Rates published in LAN 1120 in PG 157 of 7 July 2009 corrected
Act 6 of 2004
KwaZulu-Natal
KwaZulu-Natal Youth Published for comment PG 308 (17.07.09)
Commission Act Repeal Bill,
2009
National Road Traffic Act 93 Cancellation of registration of vehicle testing station published PG 310 (30.07.09)
of 1996: (PN 141 in
Constitution of the Republic Ubuhlebezwe Municipality: By-laws relating to Offences, Penalties PG 310 (30.07.09)
of South Africa, 1996, Local and Appeals, By-laws relating to the Keeping of Dogs, By-laws
Government: Municipal relating to the Keeping of Animals and Birds but excluding Dogs,
Structures Act 117 of 1998 Library By-laws, By-laws relating to the Carrying on of the
and Local Government: Business of Street Vendor, Pedlar or Hawker and Signs By-laws
Municipal Systems Act 32 of published
2000
Constitution of the Republic Ubuhlebezwe Municipality: By-laws relating to the Regulation of PG 310 (30.07.09)
of South Africa, 1996, Local Mini Bus Taxis and Buses published
Government: Municipal
Structures Act 117 of 1998,
National Road Traffic Act 93
of 1996 and Local
Government: Municipal
Systems Act 32 of 2000
Limpopo
National Road Traffic Act 93 Determination of new annual administration fee for private vehicle PG 1649 (24.07.09)
of 1996 testing station for 2009/10 published
Local Government: Makhado Municipality: Amendment of Tariff of Charges for Water PG 1650 (24.07.09)
Municipal Systems Act 32 of Supply By-laws, Drainage By-laws, Abattoir By-laws, By-laws
2000 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 By-
laws, Traffic By-laws, By-laws relating to Street Trading and
Swimming Bath By-laws published with effect from 1 July 2009
Disaster Management Act Mopani District Municipality: Declaration of disaster area due to PG 1651 (23.07.09)
57 of 2002 persisting drought published
Mpumalanga
Local Government: Albert Luthuli Municipality: Draft Property Rates By-law available PG 1692 (17.07.09)
Municipal Property Rates for comment on www.albertluthuli.gov.za
Act 6 of 2004
Local Government: Umjindi Local Municipality: Rates By-law published with effect from PG 1693 (20.07.09)
Municipal Systems Act 32 of 1 July 2009
2000 and Constitution of the
Republic of South Africa,
1996
Constitution of the Republic Steve Tshwete Local Municipality: Customer Care and Revenue PG 1696 (24.07.09)
of South Africa, 1996, Local Management By-laws published
Government: Municipal
5
Property Rates Act 6 of
2004 and Local
Government: Municipal
Systems Act 32 of 2000
Constitution of the Republic Appointment of commission of inquiry for investigation into certain PG 1698 (24.07.09)
of South Africa, 1996 and alleged procurement irregularities in the then Provincial
Mpumalanga Commissions Department of Public Works and appointment of commission of
of Inquiry Act 11 of 1998 inquiry for investigation on Scholar Transport published
North-West
Local Government: Kagisano Local Municipality: Rates By-law published with effect PG 6658 (17.07.09)
Municipal Property Rates from 1 July 2009
Act 6 of 2004
North West Gambling Act 2 Draft North West Gambling Amendment Regulations published for PG 6663 (21.07.09)
of 2001 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
Constitution of the Republic Appointment of commission of inquiry to investigate succession PG 6664 (22.07.09)
of South Africa, 1996 and dispute around the chieftainship of Batlhaku Ba Leema Traditional
North West Commissions Community and appointment of commission of inquiry to
Act 18 of 1994 investigate succession dispute around the chieftainship of
Bahurutshe Ba Moiloa Boo Ramotshere in Lehurutshe published
Local Government: Naledi Local Municipality: Rates By-law published with effect from PG 6665 (27.07.09)
Municipal Property Rates 1 July 2009
Act 6 of 2004
North West Roads Agency Published for comment PG 6666 (30.07.09)
Bill, 2007
North West Roads Bill, 2007 Published for comment PG 6666 (30.07.09)
Local Government: Tlokwe City Council: Housing Policy published PG 6667 (28.07.09)
Municipal Systems Act 32 of
2000
Free State
Free State Gambling and Invitation for applications for bookmaker licences published PG 52 (24.07.09)
Racing Act 6 of 1996
Northern Cape
Northern Cape Appropriation Date of commencement: 17 July 2009 PG 1322 (17.07.09)
Act 5 of 2009
Local Government: Municipal Gamagara Municipality: Property Rates By-law 1 of 2009 published PG 1324 (27.07.09)
Property Rates Act 6 of 2004 with effect from 1 July 2009
Western Cape
Local Government: Breede River/Winelands: Fifth draft establishment amendment PG 6641 (10.07.09)
Municipal Structures Act 117 notice published for comment
of 1998 Kannaland Municipality: Fifth draft establishment amendment PG 6641 (10.07.09)
notice published for comment
Corrected PG 6643 (17.07.09)
Local Government: Correction of PN 179 in PG 6358 of 22 May 2006 published PG 6641 (10.07.09)
Municipal Demarcation Act
27 of 1998
Local Government: Cape Agulhas Municipality: Property Rates By-law published PG 6641 (10.07.09)
Municipal Property Rates
Act 6 of 2004
Local Government: Stellenbosch Municipality: Tariffs By-law published with effect from PG 6641 (10.07.09)
Municipal Systems Act 32 of 1 July 2009
6
2000
Local Government: Stellenbosch Municipality: Rates By-law published with effect from PG 6641 (10.07.09)
Municipal Property Rates 1 July 2009
Act 6 of 2004
Land Use Planning Amendment of Scheme Regulations published PG 6643 (17.07.09)
Ordinance 15 of 1985
IMPORTANT NEWS / NOTICES / CIRCULARS
Registrars Circular 7/2009 (Vryburg)
rd
- 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.
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.
7
◊ 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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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.