bulletin 6 of 2013bulletin 25 of 2016 period: 1 february
TRANSCRIPT
IMPORTANT NEWS
LITIGATION: RAF LIABLE FOR UNBORN CHILD INJURIES – RULING
In what The Mercury calls an unusual claim against the RAF by a mother on behalf of her daughter – who was at 28
weeks gestation when the pregnant mother was involved in a serious car accident – the court ruled that the fund was
liable for the serious brain damage caused to the then unborn child. The report adds Sally Swanepoel is claiming
millions in the Gauteng High Court (Pretoria) on behalf of her daughter Cara, who is now three. Cara has cerebral palsy
and quadriplegia, which a host of medical experts concluded was due to the impact when a car travelling at 180km/h
collided with the bakkie in which her mother was travelling in December 2012. ‘The only question in this tragic case that I
need to decide on is whether or not the condition of cerebral palsy was caused by the high-velocity impact, or whether it
is a congenital defect,’ Judge Hans Fabricius said. The RAF disputed that the accident was to blame for the child being
born with brain defects and said this was already the case before the accident. But experts testifying for the mother were
in agreement that the impact caused bleeding in the unborn Cara’s brain. ‘I have no hesitation in finding that the most
natural and plausible conclusion is that the accident was the cause of Cara’s present condition,’ the judge said.
Source: www.legalbrief.co.za, 29 June 2016
GENERAL: TENDER POLICING A MAMMOTH TASK – TREASURY
Treasury’s Kenneth Brown claims that policing SA’s R500bn supply chain management system was an enormous task
involving more than 20 000 staff and 220 000 suppliers, notes a Business Day report. Addressing an Institute for
Security Studies seminar on state procurement, Brown said the supply chain system was huge as well as ‘archaic’,
putting his office in the position of having to do a trade-off between the transparency required by the Constitution and
making the system more efficient. It was not well understood how large the system was, with about 1 050 ‘entit ies’
across all three levels of government undertaking procurement to the value of R500bn each year. About R200bn of this
amount was procured by the nine provinces. Brown said the Internet-based e-tender portal had become the main tool of
procurement intelligence and from July all municipalities would be required to advertise all tenders on the portal.
Treasury has registered more than 150 000 companies on its central supplier database since September, which in the
future will become the sole repository from which organs of state can procure goods and services, says a second
Business Day report. Over the next three years, the public sector will spend about R1.5trn on goods and services. The
idea behind the database is to increase transparency in procurement, improve efficiency and reduce costs through
electronic registration and verification. The Treasury said that ‘all organs of state will be required to use suppliers
registered on the database. Suppliers therefore only have to register on this platform, rather than registering with each
organ of state individually.’
Source: www.legalbrief.co.za, 29 June 2016
LATE APPEAL ALLOWED AGAINST FREED RAPIST
A man who walked free after he was given a suspended sentence for raping his ex-girlfriend and trying to kill her – first
exposed in Legalbrief Today in October 2014 – may yet receive a tougher penalty. Three years after the case was
concluded, the state has won the right to appeal against his ‘shockingly light’ sentence, says a Sunday Times report. It
notes that although the deadline to apply for leave to appeal against a sentence is 30 days, the Directorate of Public
Prosecutions only became aware of the 2013 case the following year. The directorate brought an application in the
Gauteng High Court in Pretoria to allow a late appeal, and last week Judge Hennie de Vos ruled he would allow the
request, as the DPP had ‘reasonable prospects of success on appeal’. Buti William Mtshali was convicted by a
Magistrate’s Court in Limpopo of raping and attempting to murder a fellow employee at the game lodge where he
worked. For rape, Mtshali was sentenced to five years in jail, all suspended, and for attempted murder, fined R2 000. De
Vos said the magistrate had put far too much weight on the fact that Mtshali had custodial care of two children after he
got divorced. The children were actually looked after by the grandparents when he changed employment. Although he
was a breadwinner he was not the primary caregiver. The magistrate also erred by not considering the impact on the
woman of the attack, said the judge. The matter came to light when the victim took a sexual harassment claim to the
Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 25 of 2016 Period: 17 June 2016 – 24 June 2016
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Labour Court, notes Legalbrief. It was Labour Court Judge AJ Snyman who alerted the authorities to the case. In his
ruling in that case, he said: 'I am of the view that the sentence imposed on Mtshali is an affront to the human dignity and
bodily and psychological integrity of the applicant, considering what he did to her.'
Source: www.legalbrief.co.za, 27 June 2016
MAINTENANCE DEFAULTER SEQUESTRATED
Falling into arrears with his maintenance payments for his two teenage children for eight years will cost a father dearly –
now that his ex-wife has finally had him sequestrated, says a Saturday Star report. The couple – who divorced in 2005 –
signed a settlement agreement in terms of which the man accepted liability for R650 a month a child, with an annual
escalation of 10%. He also undertook to pay half their medical expenses and contribute 50% towards their private
schooling. His former wife, who turned to the Gauteng High Court (Pretoria) to have the man sequestrated, said he
complied with his obligations until about 2008. According to the woman, the man’s outstanding maintenance is R358
949. She tried to resolve the matter amicably, without running up a hefty legal bill, but he simply ‘ducked and dived’.
Judge Vivian Tlhapi placed the man under provisional sequestration in April and gave him until last week to state his
case. The order has now been confirmed, after the father said he ‘simply cannot afford’ to pay even a portion of the
outstanding debt.
Source: www.legalbrief.co.za, 27 June 2016
RECOMMENDED READING
New homeowner not liable for old electricity bill, by C Gladwin of Schindlers Attorneys, www.moneyweb.co.za
Illegally constructed buildings: Appeal cort sows confusion regarding total or partial demolition order, by M
Botha, Property Law Digest, Vol 20.2, June 2016
No fidelity Fund Certificate – No Commission? The interaction between sections 26 and 34A of the Estate
Agency Affairs Act, by M Botha, Property Law Digest, Vol 20.2, June 2016
The binding nature of collective agreements, by N Coetzer of Cowan-Harper Attorneys, www.polity.org.za
The menu is not the meal (amending incorrect description of a defendant in a summons), by L Steyn and J Theunissen
of KISCH IP, www.polity.org.za
Who owns the right to a band name? by V Stilwell of KISCH IP, www.polity.org.za
The nature of disputes and the impact on strikes, by G Stansfield and K Letlonkane of Cliffe Dekker Hofmeyr,
www.polity.org.za
SOUTH AFRICAN LAW REPORTS – JULY 2016
NKABINDE AND ANOTHER v JUDICIAL SERVICE COMMISSION AND OTHERS (SCA) 2016 (4) SA 1 (SCA)
Constitutional law - Administration of justice—Judicial Service Commission—Complaint of judicial misconduct—
Decisions—Review—New procedures applied retrospectively to complaint lodged in terms of old rules—Whether
retrospective application infringing principle of legality—Inquiry under old rules and new procedures substantively the
same—No existing rights infringed, nor any material prejudice—Principle of legality not breached.
Constitutional law - Administration of justice—Judicial Service Commission—Complaint of judicial misconduct—
Complaint not under oath as required by statute—Where complaint later confirmed by oral testimony under oath before
Commission, and on affidavit in litigation—Purpose of requirement, which is to provide required solemnity to complaint
and discourage lodgement of frivolous complaints, met—Substantial compliance—Judicial Service Commission Act 9 of
1994, s 14(3)(b).
Constitutional law - Administration of justice—Judicial Service Commission—Complaint of judicial misconduct—
Appointment of prosecutor to lead evidence for judicial conduct tribunal—Whether offending against separation of
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powers and independence of judiciary—Prosecutor not forming part of executive—Independence of National
Prosecuting Authority protected by provisions of Constitution and National Prosecuting Authority Act 32 of 1998—
Prosecutor’s role limited to collecting and leading evidence—Separation of powers and independence of judiciary not
infringed—Judicial Service Commission Act 9 of 1994, s 24(1).
TRANSPORT AND ALLIED WORKERS UNION OF SOUTH AFRICA v PUTCO LTD (CC) 2016 (4) SA 39 (CC)
Labour law- Lock-out—Legality—Purported lock-out of members of trade union which was not party to bargaining
council where dispute arose and referred for conciliation—Whether lawful—Labour Relations Act 66 of 1995, ss 64(1)
and 213.
Labour law - Lock-out—Legality—Purported lock-out of members of trade union which was not party to bargaining
council where dispute arose and referred for conciliation—Whether union party to dispute, and subject to lock-out, by
virtue of power of Minister to extend collective agreement to non-parties—Labour Relations Act 66 of 1995, ss 32 and
64(1).
Labour law - Collective agreement—Bargaining council agreement—Clause in bargaining council constitution providing
that members of non-party employee trade union bound by collective agreement reached at bargaining council—
Whether lawful.
Labour law - Lock-out—Legality—Purported lock-out of members of trade union which was not party to bargaining
council where dispute arose and referred for conciliation—Majoritarian principle (majoritarianism)—Whether principle
applying such that trade union members parties to dispute and subject to lock-out—Labour Relations Act 66 of 1995, s
64(1).
Labour law - Majoritarian principle (majoritarianism)—Purported lock-out of members of trade union which not party to
bargaining council where dispute arose and referred for conciliation—Whether principle applying such that trade union
members party to dispute, and subject to lock-out—Labour Relations Act 66 of 1995, s 64(1).
MINISTER OF BASIC EDUCATION AND OTHERS v BASIC EDUCATION FOR ALL AND OTHERS (SCA) 2016 (4)
SA 63 (SCA)
Education - Right to education—Duties of state—Provision of textbooks—Requirements as to—Constitution, s 29(1)(a).
BSB INTERNATIONAL LINK CC v READAM SOUTH AFRICA (PTY) LTD AND ANOTHER (SCA) 2016 (4) SA 83
(SCA)
Nuisance - Neighbour disputes—Building works not complying with townplanning scheme and encroaching on adjoining
owner’s s rights—Court’s discretion to order demolition.
Local authority - Buildings—Demolition—Of building erected without approved building plans—Court’s discretion to order
demolition—Semble: May be incorrect to interpret s 21 of National Building Regulations and Building Standards Act 103
of 1977 as removing court’s discretion to order partial or total demolition.
MOGALAKWENA MUNICIPALITY v PROVINCIAL EXECUTIVE COUNCIL, LIMPOPO AND OTHERS (GP) 2016 (4)
SA 99 (GP)
Constitutional law - Provincial government—Power to intervene in local government—Standard intervention—Semble:
Prior directive mandatory in all but most extreme cases—Constitution, s 139(1)(a) and (b).
Constitutional law - Provincial government—Power to intervene in local government—Standard intervention—Abuse—
Partisanship—Procedure used to settle political dispute in favour of preferred faction in municipal council—
Unconstitutional—Constitution, s 139(1)(b)
MT v CT (WCC) 2016 (4) SA 193 (WCC)
Contempt of court - What constitutes—Failure to follow rule 37(8)(c) direction—Uniform Rules of Court, rule 37(8)(c).
MAKATE v VODACOM LTD (CC) 2016 (4) SA 121 (CC)
Agency and representation - Agent—Authority—Ostensible authority—Distinct from estoppel—Ostensible authority
defined as power to act as agent indicated by circumstances; estoppel as rule precluding principal from denying that it
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gave authority to agent—Fact that representation giving rise to ostensible authority may also form basis of estoppel not
collapsing concepts into one.
Company - Director—Authority—Ostensible authority—To bind company to agreement to compensate employee for
work-related invention—Ostensible authority indicated by director’s membership of board; his position as director of
product development; his wide powers over new products; and process that had to be followed before introduction of
new products.
Contract - Consensus—Oral agreement to negotiate in good faith (pactum de contrahendo)—Enforceable if it provides
deadlock-breaking mechanism in event of parties not reaching consensus.
Estoppel - Distinct from ostensible authority—Estoppel defined as rule precluding principal from denying that it gave
authority to agent; ostensible authority defined as power to act as agent indicated by circumstances; estoppel as rule
precluding principal from denying that it gave authority to agent—Fact that representation giving rise to ostensible
authority may also form basis of estoppel not collapsing concepts into one.
Practice - Pleading—Ostensible authority—Distinct from estoppel—Need not be pleaded in replication—May be raised in
particulars.
LAWYERS FOR HUMAN RIGHTS v MINISTER OF HOME AFFAIRS AND OTHERS (GP) 2016 (4) SA 207 (GP)
Immigration - Illegal foreigner—Detention pending deportation—Confirmation—Extension—Appearance in court—
Constitution, s 35(2)(d); Immigration Act 13 of 2002, s 34(1)(b) and (d).
PA PEARSON (PTY) LTD v ETHEKWINI MUNICIPALITY AND OTHERS (KZD) 2016 (4) SA 218 (KZD)
Local authority - Rates—Credit control and debt collection measures—Single entity account holder in respect of two
properties owned by different owners—Whether municipality empowered to reallocate payments made by individual
account holder in respect of one account to any other account of that account holder held with municipality—Local
Government: Municipal Systems Act 32 of 2000, s 102(1)(b).
RP v PP (KZP) 2016 (4) SA 226 (KZP)
Marriage - Divorce—Proprietary rights—Redistribution order—Significance to be attached to extramarital affairs of
spouse in exercise of court’s discretion in determining equitable distribution—Divorce Act 70 of 1979, s 7(3)–(5).
Marriage - Divorce—Proprietary rights—Redistribution order—Date at which estates of parties to be valued for purposes
of redistribution—Court to have regard, as far as was practicable, to assets and liabilities as at date of order—If such
date not practicable, court still confined to time of trial—Divorce Act 70 of 1979, s 7(3).
Marriage - Divorce—Proprietary rights—Redistribution order—Parties entering into antenuptial agreement prior to
commencement of Matrimonial Property Act 88 of 1984 and introduction of accrual system—Clause in agreement
excluding property of claimant spouse from any community of property, as well as marital power of husband—Whether
having effect that such claimant spouse’s immovable property not susceptible to redistribution order—Divorce Act 70 of
1979, s 7(3).
NKATA v FIRSTRAND BANK LTD (CC) 2016 (4) SA 257 (CC)
Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Occurring by operation of
law—No prior notice to the credit provider required—Consumer’s payment in prescribed manner sufficient to trigger
reinstatement—National Credit Act 34 of 2005, s 129(3)(a).
Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Payment of ‘all amounts that
are overdue’—Referring only to arrear instalments, not also accelerated debt—National Credit Act 34 of 2005, s
129(3)(a).
Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Payment of credit provider’s
‘reasonable costs of enforcing’—Non-payment only precluding reinstatement if due and payable—Only ‘reasonable’ if
agreed or taxed—Credit provider, not consumer, to take appropriate steps to quantify such costs—Only due and
payable on notice to consumer—National Credit Act 34 of 2005, s 129(3)(a).
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Credit agreement - Consumer credit agreement—Reinstatement of agreement in default—Preclusion of ‘after . . . .
execution of any other court order enforcing that agreement’—Meaning of ‘execution’—Not referring to process of
execution but to realisation of proceeds of sale in execution—National Credit Act 34 of 2005, s 129(4)(b).
GRAINCO (PTY) LTD v VAN DER MERWE AND OTHERS (SCA) 2016 (4) SA 303 (SCA)
Sale - Business—Business and goodwill sold—Implied prohibition on canvassing customers—Scope.
Contract - Terms—Implied and tacit terms—Implied term—Contract for sale of business with goodwill—Implied
prohibition on canvassing customers—Scope
MLANDA v MHLABA AND OTHERS (ECG) 2016 (4) SA 311 (ECG)
Will - Execution—Certificate by commissioner of oaths—Required content—Statement that satisfied of identity of
testatrix (that mark-maker was testatrix)—Whether words used suggesting this without doubt—Wills Act 7 of 1953, s
2(1)(a)(v).
Source: https://jutalaw.co.za/newsletter/newsletter/law-reports-advance-notification-07-july-2016/
SOUTH AFRICAN CRIMINAL LAW REPORTS – JULY 2016
S v PRINSLOO AND OTHERS (SCA) 2016 (2) SACR 25 (SCA)
Prevention of crime - Offences—Contraventions of s 2(1) of Prevention of Organised Crime Act 121 of 1998—
Racketeering in contravention of s 2(1)(e) and s 2(1)(f)—Managing enterprise which engaged in racketeering and being
involved in enterprise engaged in racketeering—Two separate offences created in terms of s 2(1)(e) and s 2(1)(f) of
POCA—No good reason why person who both managed and participated in affairs of enterprise directly should be liable
for only one of two roles—No duplication of convictions.
Prevention of crime - Offences—Contraventions of s 2(1) of Prevention of Organised Crime Act 121 of 1998—
Racketeering in contravention of s 2(1)(f)—Mens rea required—Culpa sufficient form of mens rea for offence.
Prevention of crime - Offences—Contraventions of s 2(1) of Prevention of Organised Crime Act 121 of 1998—
Racketeering in contravention of s 2(1)(e)—Mens rea required—No need for further enquiry as to additional mens rea
requirement over and above mens rea required by predicate offences listed in sch 1 to POCA.
Prevention of crime - Offences—Contraventions of s 2(1) of Prevention of Organised Crime Act 121 of 1998—
Sentence—Racketeering in contravention of s 2(1)(e) and s 2(1)(f)—Ponzi scheme involving hundreds of millions of
rand—Deterrence playing important role—Appellant deceiving financial authorities and grossly misrepresenting extent of
her activities—When confronted by authorities she merely changed vehicles through which scheme conducted to avoid
closure—Sentence of 25 years’ imprisonment confirmed on appeal.
DEMOCRATIC ALLIANCE v ACTING NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND OTHERS (GP)
2016 (2) SACR 1 (GP)
Prosecution - Discontinuance—Decision to discontinue prosecution—National Prosecuting Authority basing decision on
abuse-of-process doctrine—Court of law appropriate authority to deal with such doctrine, not extra-judicial process—
Legal authorities, of which NPA should have been aware, not supporting decision taken by NPA—Decision not to refer
complaint of abuse of process to court irrational—When Acting National Director announced decision to discontinue
prosecution, no discussion held with senior members of NPA to source their views—Such failure also irrational—Acting
National Director having acted impulsively and irrationally in making decision—Matter should have been dealt with by
court—Application to review and set aside decision granted.
S v DE BEER (GP) 2016 (2) SACR 106 (GP)
Trial - Accused—Legal representation of—Legal representative acting incompetently—Witnesses not called—Conviction
set aside and matter referred back to court a quo.
DU TOIT v THE MAGISTRATE AND OTHERS (SCA) 2016 (2) SACR 112 (SCA)
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Sexual offences - Child pornography—Possession of—Disclosure of images to accused prior to trial—Restriction on
disclosure, by not permitting copying of images, permissible in light of privacy interests of children depicted in images—
Not infringing accused’s fair-trial rights where refusal subject to review by court.
Source: https://jutalaw.co.za/newsletter/newsletter/law-reports-advance-notification-07-july-2016/
PROCLAMATIONS AND NOTICES
DEPARTMENT OF
ENVIRONMENTAL
AFFAIRS
Draft strategy to address air pollution in dense low-
income settlements published for comment
GG 40088 (24.06.16)
DEPARTMENT OF JUSTICE
AND CONSTITUTIONAL
DEVELOPMENT:
ARMS PROCUREMENT
COMMISSION
Commission of Inquiry into Allegations of Fraud,
Corruption, Impropriety or Irregularity in the Strategic
Defence Procurement Package: Report published
GG 40088 (24.06.16)
INCOME TAX ACT 58 OF
1962
Agreement between the Government of the Republic of
South Africa and the Government of the Kingdom of
Lesotho for the avoidance of double taxation and the
prevention of fiscal evasion with respect to taxes on
income published with effect from 27 May 2016
GG 40088 (24.06.16)
CUSTOMS AND EXCISE
ACT 91 OF 1964
Schedule 1 amended GG 40091 (24.06.16)
MEDICINES AND RELATED
SUBSTANCES ACT 101 OF
1965
Regulations relating to a transparent pricing system for
medicines and scheduled substances:
Proposed determination of the annual single exit price
adjustment (SEPA) of medicines and scheduled
substances for the year 2017 published for comment
Proposed amendment regulations (dispensing fee to be
charged by persons licensed in terms of s. 22C (1) (a) for
2017) published for comment
Regulations amended (dispensing fee to be charged by
persons licensed in terms of s. 22C (1) (a) for 2017)
GG 40093 (24.06.16)
GG 40093 (24.06.16)
GG 40094 (24.06.16)
LABOUR RELATIONS ACT
66 OF 1995
Essential Services Committee: Investigation as to
whether security in stadiums, for sporting events
attended by more than 2000 people; caring and
schooling of children in early childhood development
phase (including but not limited to grade R, pre-school
and any other forms); and disaster management services
rendered by municipalities (local government) should be
declared essential services published for comment
GG 40088 (24.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996
Green Paper on International Migration in South Africa
published for comment
GG 40088 (24.06.16)
MARKETING OF
AGRICULTURAL
PRODUCTS ACT 47 OF
1996
Request for the continuation of the per hectare statutory
levy to fund the Area Wide Mediterranean Fruit Fly
Control (MedFly) Programme published for comment by
directly affected groups
GG 40088 (24.06.16)
7
Application for statutory measures (registration, records
and returns) relating to oilseeds products published for
comment by directly affected groups
HIGHER EDUCATION ACT
101 OF 1997
Notice of change of name from 'Nelson Mandela
Metropolitan University' to 'Nelson Mandela University'
published
GG 40090 (23.06.16)
PROMOTION OF ACCESS
TO INFORMATION ACT 2
OF 2000
Limpopo Provincial Treasury: Section 14 manual
published
Descriptions submitted in terms of s. 15 (1) by:
• Department of Tourism
• Western Cape Provincial Department of
Agriculture
• Western Cape Provincial Department of
Community Safety
• Western Cape Provincial Department of Cultural
Affairs and Sport
• Western Cape Provincial Department of
Economic Development and Tourism
• Western Cape Provincial Department of
Education
• Western Cape Provincial Department of
Environmental Affairs and Development
Planning
• Western Cape Provincial Department of Health
• Western Cape Provincial Department of Human
Settlements
• Western Cape Provincial Department of Local
Government
• Western Cape Provincial Department of the
Premier
• Western Cape Provincial Department of Social
Development
• Western Cape Provincial Treasury
• Western Cape Provincial Department of
Transport and Public Works
• uMhlathuze Municipality
• KwaZulu-Natal Provincial Government:
Department of Agriculture and Rural
Development
• Department of Planning, Monitoring and
Evaluation
• Limpopo Provincial Treasury
GG 40088 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL ELECTORAL
ACT 27 OF 2000
Municipal election voting hours prescribed
GG 40066 (10.06.16)
ARCHITECTURAL
PROFESSION ACT 44 OF
2000
South African Council for the Architectural Profession
(SACAP): Rules for recognition and maintenance of
recognition as a voluntary association published and BN
153 in GG 32731 of 27 November 2009 repealed
GG 40084 (21.06.16)
COUNCIL FOR MEDICAL
SCHEMES LEVIES ACT 58
Imposition of levies on medical schemes published GG 40095 (24.06.16)
8
OF 2000
PRIVATE SECURITY
INDUSTRY REGULATION
ACT 56 OF 2001
Improper Conduct Enquiries Regulations, 2003 amended
Code of Conduct for Security Service Providers, 2003
amended with effect from 9 July 2016
Draft Training of Security Service Provider Regulations,
2016 published for comment
GG 40091 (24.06.16)
AUDITING PROFESSION
ACT 26 OF 2005
Independent Regulatory Board for Auditors (IRBA): Fees
on assurance engagements payable to the IRBA
published with effect from 1 April 2016
GG 40088 (24.06.16)
NATIONAL REGULATOR
FOR COMPULSORY
SPECIFICATIONS ACT 5
OF 2008
Proposed amendments to the compulsory specifications
for:
• lampholders (VC 8011
• safety of medium voltage electric cables (VC
8077)
• electric cables with extruded solid dielectric
insulation for fixed installations (300/500 V to 1
900/3 300 V) (VC 8075)
published for comment
GG 40091 (24.06.16)
GG 40091 (24.06.16)
GG 40092 (24.06.16)
NATIONAL
QUALIFICATIONS
FRAMEWORK ACT 67 OF
2008
South African Qualifications Authority (SAQA):
Applications for Professional Body Recognition and
Professional Designation Registration from:
• Institute of Professional South African Mariners
(IPSAM)
• Chartered Institute for Professional Practitioners
and Trainers (CIPPT)
• Health Professions Council of South Africa
(HPCSA) (additional professional designations)
• South African Rewards Association (SARA)
(additional professional designations)
published for comment
GG 40096 (24.06.16)
COMPANIES ACT 71 OF
2008
Takeover Regulation Panel: Listing fees published GG 40088 (24.06.16)
SAFETY AT SPORTS AND
RECREATIONAL EVENTS
ACT 2 OF 2010
Exclusion from operation of s. 25 of official events
organised by state officials in certain circumstances
published
GG 40082 (20.06.16)
TAX ADMINISTRATION
ACT 28 OF 2011
Additional considerations in respect of which an
application for a binding private ruling or a binding class
ruling may be rejected prescribed and all previous
notices issued under s. 80 (2) replaced
GG 40088 (24.06.16)
USE OF OFFICIAL
LANGUAGES ACT 12 OF
2012
Language Policy of the Government Communication and
Information System (GCIS) published
GG 40088 (24.06.16)
FINANCIAL MARKETS ACT
19 OF 2012
Notice of publication for comment of proposed
amendments to the JSE Equities Rules and Directives
GG 40083 (20.06.16)
9
published
Notice of publication for comment of proposed
amendments to the STRATE Rules published
GG 40088 (24.06.16)
DRAFT CARBON TAX BILL,
2015
Draft regulations on carbon offsets under s. 20 (b)
published for comment
PROVINCIAL LEGISLATION
Eastern Cape
SPATIAL PLANNING AND
LAND USE MANAGEMENT
ACT 16 OF 2013
Elundini Local Municipality: Final Draft By-law on
Spatial Planning and Land Use Management published
Local Government: Municipal Finance Act 56 of 2003:
Senqu Local Municipality: Approved 2016/2017 Annual
Budget and Integrated Development Plan published
with effect from 1 July 2016
PG 3689 (20.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Baviaans Local Municipality: Resolution levying
property rates for the financial year 1 July 2016 to 30
June 2017 and Property Rates By-law published with
effect from 1 July 2016
PG 3689 (20.06.16)
Free State
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Determination of number of councillors published and
PN 91 in PG 62 of 10 October 2014; and PN 63 in PG
94 of 18 September 2015 respectively withdrawn
PG 31 (17.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Mangaung Metropolitan Municipality: Notice on the re-
establishment of Xhariep District Municipality and
Masilonyana Local Municipality published for comment
PG 31 (17.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Implementation of the
Determination number Dem 387 as published under PN
231 in PG 55 of 1 August 2008 published
PG 31 (17.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Implementation of the
Determination numbers Dem 308 as published under
PG 58 of 18 October 2013; and Dem 4542 as published
under PN 27 in PG 36 of 7 July 2015 published
PG 31 (17.06.16)
LOCAL GOVERNMENT:
MUNICIPAL FINANCE
MANAGEMENT ACT 56 OF
2003 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Metsimaholo Local Municipality: General assessment
rates and tariffs: 2016/2017 financial year published
with effect from 1 July 2016
PG 33 (24.06.16)
LOCAL GOVERNMENT
ORDINANCE 8 OF 1962;
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000; LOCAL
GOVERNMENT:
MUNICIPAL FINANCE
MANAGEMENT ACT 56 OF
2003 AND LOCAL
Mangaung Metropolitan Municipality: Revenue and
expenditure estimates and determination of general
assessment rate and sanitary fees published
PG 33 (24.06.16)
10
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Mangaung Metropolitan Municipality: Property Rates
By-law published with effect from 1 July 2017
PG 33 (24.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Setsoto Local Municipality: Water Services By-law 1 of
2016 published and previous by-laws repealed
PG 33 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Mangaung Metropolitan Municipality: Promulgation
Notices of Revised By-laws: Lease of Municipal Halls
Amendment By-law, 2016; Fresh Produce Market
Amendment By-law, 2016; Municipal Cemeteries
Amendment By-law, 2016; Control of Collections
Amendment By-law, 2016; Electricity Supply
Amendment By-law, 2016; Child Care Facilities
Amendment By-law, 2016; Display of Property Numbers
and Names Amendment By-law, 2016; Municipal
Swimming Pools Amendment By-law, 2016; Discharge
of Industrial Effluent Amendment By-law, 2016
published and Licensing of Dogs By-laws as published
under PG 115 of 28 October 2005 repealed
PG 34 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Mangaung Metropolitan Municipality: Promulgation
Notices of new By-laws: Public Amenities By-law;
Municipal Parks By-lawEvents By-law; Public Streets
By-law; Public Nuisance By-law; Building Regulations
By-law; Noise Control By-law; Disaster Management
By-law; Traffic Regulations By-lawsEncroachment on
Property By-law; Libraries By-law; Informal Trading By-
law; Keeping of Animals, Poultry and Bees By-law; and
Initiation Schools By-law, 2016 published
PG 35 (24.06.16)
Gauteng
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000 AND
GAUTENG
RATIONALISATION OF
LOCAL GOVERNMENT
AFFAIRS AMENDMENT
ACT 1 OF 2003
Midvaal Local Municipality: Electricity By-law and Water
Services By-law amended
PG 222 (22.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Emfuleni Local Municipality: Credit Control and debt
Collection by-laws; Rates By-law; Determination of
Property Rates Levies for the 2016/2017 financial year;
and Municipal Tariff By-law published with effect from 1
July 2016
PG 222 (22.06.16)
GAUTENG PROVINCIAL
APPROPRIATION ACT 2
OF 2016
Date of commencement: 24 June 2016 PG 228 (24.06.16)
Kwazulu-Natal
11
LOCAL GOVERNMENT:
MUNICIPAL FINANCE
MANAGEMENT ACT 56 OF
2003 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Umuziwabantu Local Municipality: Promulgation of
resolution levying rates published
PG 1690 (23.06.16)
SPATIAL PLANNING AND
LAND USE MANAGEMENT
ACT 16 OF 2013
Emadlangeni Local Municipality: Planning and Land
Use Management By-law, 2016 published
PG 1690 (23.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996 AND LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
KwaDukuza Local Municipality: Credit Control and Debt
Collection By-laws published and previous by-laws
repealed with effect from 1 July 2016
PG 1690 (23.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996; LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
KwaDukuza Local Municipality: Rates By-laws
published and previous by-laws repealed with effect
from 1 July 2016
PG 1690 (23.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Okhahlamba Local Municipality: Tariff By-law; Municipal
Property Rates By-law; and Resolution levying property
rates for the financial year 1 July 2016 to 30 June 2017
published with effect from 1 July 2016
Umdoni Local Municipality: Amendment to the Credit
Control and Debt Collection Policy published with effect
from 1 July 2016
Umhlabuyalingana Local Municipality: Final municipal
tariffs for 2016/2017 published
PG 1690 (23.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Proposed repeal and replacement of the establishment
notices for the eThekwini Metropolitan Municipality and
uMgungundlovu; Ugu; Harry Gwala; uThukela;
uThungulu; Umzinyathi; Umkhanyakude; Amajuba;
iLembe and Zululand District Municipalities published
for comment
PG 1692 (23.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Ingwe Local Municipality: Resolution levying property
rates for the financial year 1 July 2016 to 30 June 2017
published with effect from 1 July 2016
PG 1693 (23.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000 AND LOCAL
GOVERNMENT:
MUNICIPAL FINANCE
MANAGEMENT ACT 56 OF
2003
Ingwe Local Municipality and Harry Gwala District
Municipality: Final budget, IDP and policies for the
2016/2017 financial year published
PG 1693 (23.06.16)
12
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Umzumbe Local Municipality: Property Rates By-law
and Resolution levying property rates for the financial
year 1 July 2016 to 30 June 2017 published with effect
from 1 July 2016
PG 1694 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
AbaQulusi Local Municipality: Assessment of General
Rates for the financial year 1 July 2016 to 30 June 2017
published with effect from 1 July 2016
PG 1695 (24.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996; LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
AbaQulusi Local Municipality: Municipal Property Rates
By-law published with effect from 1 July 2016
PG 1695 (24.06.16)
Limpopo
SPATIAL PLANNING AND
LAND USE MANAGEMENT
ACT 16 OF 2013
Thulamela Local Municipality: By-law on Municipal Land
Use Planning published with effect from the date that
the Act comes into operation in the municipal area of
the municipality
PG 2722 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Ephraim Mogale Local Municipality: Resolution levying
property rates for the financial year 1 July 2016 to 30
June 2017 published with effect from 1 July 2016
PG 2722 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Mogalakwena Local Municipality: Land Use
Management By-law, 2016 published
PG 2723 (24.06.16)
DISASTER MANAGEMENT
ACT 57 OF 2002
Mopani District Municipality: Declaration of Maruleng,
Ba-Phalaborwa, Greater Tzaneen, Greater Letaba and
Greater Giyani Local Municipalities as disaster areas
published
PG 2724 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Amendment to Determination of number of councillors
of municipalities as published under GenN 367 in PG
2429 of 9 October 2014
PG 2726 (24.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Disestablishment of existing municipalities and
establishment of new municipalities published for
comment
PG 2727 (24.06.16)
Mpumalanga
NATIONAL ROAD TRAFFIC
ACT 93 OF 1996
Notice of registration of LVS Testing Station as a Grade
'A' testing station and authority to appoint examiners of
vehicles published
PG 2704 (21.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Govan Mbeki Local Municipality: Resolution levying
property rates for the financial year 1 July 2016 to 30
June 2017 published with effect from 1 July 2016
PG 2705 (24.06.16)
Northern Cape
WET OP RUIMTELIKE Ooreenkoms vir die stigting van 'n Gesamentlike Distrik PK 2021 (20.06.16)
13
BEPLANNING EN
GRONDGEBRUIKBESTUUR
16 VAN 2013
Munisipale Beplannings Tribunaal tussen Namakwa
Distrikmunisipaliteit; Karoo Hoogland; Nama Khoi;
Kamiesberg; Richtersveld; en Khai Ma Plaaslike
Munisipaliteite gepubliseer
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Emthanjeni Local Municipality: Tariffs for the 2016/2017
financial year published with effect from 1 July 2016
PG 2022 (23.06.16)
North West
DISASTER MANAGEMENT
ACT 57 OF 2002
Ngaka Modiri Molema; Dr Ruth Segomotsi Mompati;
Bojanala; and Keneth Kauda District Municipalities:
Declaration of a Provincial State of Drought Disaster
published
PG 7659 (21.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Kagisano-Molopo Local Municipality: Promulgation of
Property Levying Rates Published with effect from 1
July 2016
PG 7659 (21.06.16)
LOCAL GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
Kagisano-Molopo Local Municipality: Rates By-law
published with effect from 1 July 2016
PG 7659 (21.06.16)
LOCAL GOVERNMENT:
MUNICIPAL STRUCTURES
ACT 117 OF 1998
Municipal Demarcation Board: Establishment of new
municipality (NW405) as published under PN 62 in PG
7525 of 25 August 2015 and disestablishment of local
municipalities: Ventersdorp and Tlokwe respectively
published
PG 7660 (22.06.16)
Western Cape
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996
Bergrivier Local Municipality: Integrated Zoning Scheme
By-law published
PG 7629 (17.06.16)
LOCAL GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000
Witzenberg Local Municipality: Notice of intention to
adopt and amend the Scheme Regulations as
published under PN 1048 of 1988 published
PG 7630 (17.06.16)
LOCAL GOVERNMENT:
LOCAL MUNICIPAL
PROPERTY RATES ACT 6
OF 2004
Saldanha Bay Local Municipality: 2016/17 financial
year: Promulgation of resolution for the levying of
property rates published
PG 7630 (17.06.16)
WESTERN CAPE TOLL
ROADS ACT 11 OF 1999
Levying of Tolls for Chapman's Peak Drive published
and Toll Tariffs for Chapman's Peak Drive as published
under PN 232 in PG 7151 of 19 July 2013 amended
with effect from 1 July 2016
PG 7632 (15.06.16)
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996; LOCAL
GOVERNMENT:
MUNICIPAL SYSTEMS ACT
32 OF 2000; LOCAL
GOVERNMENT:
MUNICIPAL FINANCE
MANAGEMENT ACT 56 OF
Bitou Local Municipality: 2016/17 Final Draft Property
Rates Policy published
PG 7633 (15.06.16)
14
2003 AND LOCAL
GOVERNMENT:
MUNICIPAL PROPERTY
RATES ACT 6 OF 2004
CONSTITUTION OF THE
REPUBLIC OF SOUTH
AFRICA, 1996
Knysna Local Municipality: Community Fire Safety By-
law published and previous by-laws repealed
PG 7634 (15.06.16)
SEMINARS
For more information contact the Knowledge Centre or visit www.lssalead.org.za
NAME OF SEMINAR DATES PRESENTER
BEE SIMPLIFIED FOR
YOUR PRACTICE
Cape Town: 12 July 2016
Durban: 5 August 2016
Port Elizabeth: 23 August 2016
Midrand: 4 October 2016
Adv Jane Appasamy
EVICTIONS AND
LANDLORD-TENANT
DISPUTE
Durban: 19 July 2016 Cilna Steyn
CCMA UPDATE East London: 25 July 2016
Midrand: 26 July 2016
Cape Town: 28 July 2016
Durban: 29 July 2016
Adv Moksha Naidoo
COMMERCIAL DRAFTING
COURSE
Cape Town: 26 & 27 July 2016 Adv Ismail Hussain SC
MEDICAL MALPRACTICE
LITIGATION
Bloemfontein: 29-30 July 2016
Midrand: 26-27 August 2016
Dr Henry Lerm & R du Plessis
UPDATE ON THE
NATIONAL CREDIT ACT
2016
Port Elizabeth: 1 August 2016
East London: 2 August 2016
Pretoria: 15 August 2016
Johannesburg: 16 August 2016
Bloemfontein: 19 August 2016
Cape Town: 26 August 2016
Frans Haupt
SOUTH AFRICAN LABOUR
LAW REPORTS’ - 32
ANNUAL SEMINAR
Bloemfontein: 1 August 2016
Cape Town: 2 August 2016
Johannesburg: 4 August 2016
Pretoria: 5 August 2016
Port Elizabeth: 15 August 2016 Port
Durban: 17 August 2016
Dr Brian van Zyl
DECEASED ESTATES
UPDATE
Midrand: 15-16 September
Durban: 20-21 October 2016
Cape Town: 10 -11 November 2016
Ceris Field
INTER-VIVOS TRUSTS Cape Town: 24 October 2016
Durban: 25 October 2016
East London: 21 November2016
Midrand: 23 November2016
Prof Willie M van der Westhuizen
15