Post on 08-Aug-2020
Copyright © 2017 The Contemporary Gazette / All rights reserved.
DISCLAIMER: This is purely an information service and does not constitute legal advice. The authors and parties related to this service will not be held liable for the misinterpretation, application or accuracy of the content provided by them.
This newsletter
This newsletter overviews new relevant National laws up to 11th December 2017. Log-in to www.gazette.co.za,
peruse the list and follow the hyperlinks to laws that interest you.
Please note that [words in bold brackets] in www.gazette.co.za show proposed deletions, and underlined
words in www.gazette.co.za show proposed insertions - this allows you to see current and planned requirements
at the same time, and helps with giving context to changes/proposed changes.
SAIPA Your Law : Volume 1 2 Issue 21,
11 December 2017
Page 2
Log-in details for SAIPA Members
SAIPA Technical will keep you up to date with these changes so login and read the SAIPA YOUR LAW. Please
see the Hlast page for log-in details. Please provide SAIPA with your membership number when updating your
details.
Index
Financial
1. Long-term Insurance Act: Insurance Bill
2. Short-term Insurance Act: Insurance Bill
General
3. Competition Act: Draft Amendment Bill 2017
Information
4. Films and Publications Act: Amendment Bill 2015
5. Political Party Funding Bill
Safety
6. Animals Protection Act: Draft Amendment Bill 2017
General
7. Notable one liners
Page 3
Financial
1. LONG-TERM INSURANCE ACT: INSURANCE BILL
Version B of the Insurance Bill 2017 proposes, amongst others:
(i) Repealing registration (except for the section 8 prohibition), business and administration, and financial
arrangements (except for section 36 returns), compromise etc, business rescue and winding up, policy
summary, certain policy matters (see sections 52, 53, 56, 59 and 60), 67 insurer offences, part
9 transitional provisions, special provisions, schedule 1 and schedule 3 provisions;
(ii) Expanding grounds for the making of policyholder protection rules (relating to adverts, claims handling,
manner and form of policy benefits, misrepresentation, contract validity, premium non-payment, product
design/review, intermediaries, data management, termination etc);
(iii) Expanding grounds for making regulations (relating to services by independent intermediaries or
other persons for an insurer, handling of premiums received, and binder agreement governance, risk
management, internal control, oversight and operational ability matters, etc); and
(iv) Amending definitions, relationship with the FSR Act, Authority, inducements, intermediary
collection, remuneration limit, binder agreements, suspension until first premium, unborn and certain
minors limitations, benefit protection, and offences.
Bill 1B of 2016 (Incorporated into the Long-term Insurance Act and Regulations)
Back to index
Page 4
Financial
2. SHORT-TERM INSURANCE ACT: INSURANCE BILL
The Insurance Bill 2017 proposes, amongst others:
(i) Repealing schedules 1 and 2, as well provisions relating
to registration (excluding prohibition), business and administration, financial
arrangements (excluding returns), compromise etc, business rescue and winding up), receipt of
cash, copy of policy, voidness, misrepresentation, validity, insurer offences, transitional
matters and special provisions;
(ii) Repealing the provisions relating to Lloyd’s, as well as schedule 3, 18 months after the effective date
of the Insurance Act;
(iii) Amending the definitions, relationship to Financial Sector Regulation
Act, administration, inducements, collection of premiums by intermediaries, remuneration limit, binder
agreements, and offences; and
(iv) Amending grounds for policyholder protection rules (for example product design and review, and data
management), and for regulations (for example prescribing certain services by an independent
intermediary or other person for an insurer).
Bill 1B of 2016 (Incorporated into the Short-term Insurance Act and Regulations)
Back to index
Page 5
General
3. COMPETITION ACT: DRAFT AMENDMENT BILL 2017
The memorandum to the Draft Amendment Bill 2017 states that the main objective of the Draft Bill is to address
the high levels of economic concentration in the economy and the skewed ownership profile of the economy. The
Draft Bill proposes, amongst many others, redefining:
(i) Exclusionary act to include an act that impedes or prevents a firm from participating (not defined) in
a market;
(ii) Restrictive horizontal practices to include dividing markets by allocating market shares (not defined);
(iii) Abuse of dominance and price discrimination by a dominant firm;
Note: The Draft Bill also proposes removing complex monopoly conduct, which the Amendment At 2009 proposed
inserting when a commencement date is gazetted.
(iv) Exemption conditions;
(v) The manner in which mergers are considered, and introducing mergers by way of a series of
transactions and enforcement of merger conditions (also see merger proceedings);
(vi) Information requests to include requesting information from any firm in order to compile an impact
study report;
(vii) Market inquiries meanings, confidentiality, grounds, duty to remedy, outcome, appeals,
and participation;
Note: Also see forced divestiture.
(viii) Confidentiality so that, amongst others, the Minister may in certain circumstances have access to a
firm’s confidential information, and any other relevant Minister and any relevant regulatory authority may
have access to a firm’s confidential information unless the Tribunal determines otherwise ;
(ix) Appellate jurisdiction to remove the Supreme Court of Appeal; and
(x) Limitations on bringing action.
Comment deadline 60 calendar days from 1 December 2017.
GN1345 GG41294 / 1 December 2017 (Incorporated into the Competition Act and Regulations)
Back to index
Page 6
Information
4. FILMS AND PUBLICATIONS ACT: AMENDMENT BILL 2015
Version B of the Amendment Bill 2015 proposes reviewing the Act in line with current technology (see for
example distribute, social media, streaming, and false online submissions), and amongst others:
(i) Enhancing the objective of enabling adults to make informed choices objective;
Note: See, for example, the right to request, in the prescribed manner, that certain publications be classified,
the duty to display a classification, and the right to apply for a re-classification.
(ii) Enhancing the objective to protect children;
Note: See, for example, the increased officer powers, duty to refer certain publications or certain movies and
games to the SAPS, the prohibition on certain depictions of violence through photographs or films, requirements
for online films and games, certain forms of possession, certain forms of enabling exploitation offences , certain
forms of enabling violence depiction offences, and penalties to offences.
Reminder: There is an existing general duty to report a reasonable suspicion of certain child-related offences.
There is also a further existing specific duty on child orientated-services using chat-rooms, mobile apps etc to
report certain suspicions.
(iii) Defining prohibited content in relation to war propaganda, imminent violence incitement, certain hate
speech);
Note: See, for example, the complaints that may be made against commercial /non-commercial online distributors
complaints, as well as the prohibited content offence.
(iv) Defining publication as, amongst others, including any content made available using the internet.
Note: This definition will exclude a film or game (as film and game will be redefined, and are covered under
the films and games classification provision).
(v) Allowing for any person to apply, in the prescribed manner, for a publication distributed in SA to be
classified under section 16.
Note: This does not apply to a publication that falls within the ambit of the Press Council SA or the Advertising
Standards Authority SA.
(vi) Requiring publication submission for classification (before distribution, exhibition, offer or
advertisement) if it involves, amongst others, certain prohibited content;
Page 7
(vii) Additional internet service provider reporting and preservation duties if it has knowledge its services
are being used for hosting or distributing prohibited content; and
(viii) Offence to distribute certain private sx intimate photographs or films through any medium without
prior consent and where the individual is identifiable.
Note: Also see the related section 18F offence.
Reminder: Laws such as the Criminal Laws (S Offences and Related Matters) Amendment Act or common law
crime iniuria may also apply in certain circumstances covered by the Act.
Bill 37B of 2015 (Incorporated into the Films and Publications Act and Regulations)
Back to index
Page 8
Information
5. POLITICAL PARTY FUNDING BILL
The Bill proposes, amongst others:
(i) Defining donation and donation in kind, and adding offences and administrative fines;
Note: Additional offences in other laws may also apply for example, potentially, the general corruption offence.
(ii) Prohibiting political parties from accepting donations from a person or entity above R15 million within
a financial year;
(iii) Prohibiting political parties from accepting donations from state-owned enterprises, organs of state,
foreign governments, or foreign agencies;
(iv) Prohibition on accepting donation from foreign person/entity (unless for training or skills development
of a party member or policy development by a party, and such amount is less than R5m within a financial
year);
(v) Requiring that a political party must report a suspicion that a donation offered to it originates from the
proceeds of crime (and must not accept it);
(vi) Requiring a political party must disclose as prescribed all donations received by the party above
R100 000 within a financial year; and
Note: A juristic person or entity that made donations above R100 000 must also disclose in the prescribed manner.
(vii) Requiring that a person or entity may deliver a donation to a member of a political party only for party
political purposes, and a party member may only receive such donation on behalf of the party.
Bill 33 of 2017
Back to index
Page 9
Safety
6. ANIMALS PROTECTION ACT: DRAFT AMENDMENT BILL 2017
The Draft Amendment Bill 2017 proposes, amongst others,
(i) Expanding on the meaning of animal in the definition of animal, and defining cosmetic and premises;
Note: The expanded meaning will in turn affect the ambit of the offences under the Act.
(ii) Enhancing court general powers (for example ordering sterilisation) and powers relating to
damages (for example recouping reasonable costs incurred for veterinary attention or for treatment, food
or accommodation);
(iii) Making it an offence to test a cosmetic on an animal.
Note: A proposal is also made to allow for regulation of other areas of testing a compound, chemical, foodstuff,
disinfectant or other matter on an animal.
(iv) Making it an offence to fail to make available to an animal (owned or controlled), sufficient space in
an environment that adequately corresponds to its physiological and ethological needs; and
(v) That, subject to the provisions of the Act or any other law, every director or prescribed officer who was
knowingly a party to a contravention of this Act by a company, will be guilty of an offence.
Comment deadline 3 January 2018.
GN942 GG41289 / 30 November 2017
Back to index
Page 10
General
7. NOTABLE ONE LINERS
Broad-based Black Economic Empowerment Act :
(i) The Financial Services Sector Code commenced 1 December 2017. Note: the Code is relevant to,
amongst others, Banking; Insurance; Retirement fund admin; Collective investment scheme asset
management; Financial services intermediation/brokerage; Asset management etc.
(ii) The construction sector code commenced 1 December 2017. Note: The Code defines construction
sector as deriving more than 50% of annual revenue from Construction Related Activities (ie activities by
Contractors, BEP’s and Construction Material Suppliers).
(iii) The AgriBEE Code commenced 8 December 2017. Note: The Code is relevant to any enterprise that
falls under a 2.3 determination, or else which derives more than 50% of its turnover from: the primary
production of agricultural products; the provision of inputs and services to enterprises engaged in the
production of agricultural products; the beneficiation of agricultural products whether of a primary or semi-
beneficiated form; and the storage, distribution, and/or trading and allied activities related to non-
beneficiated agricultural products.
Child Justice Act: The Judicial Matters Amendment Act 2014 amended the Child Justice Act provisions relating
to proof of criminal capacity of children 10 to 14, diversion programmes and diversion service providers,
and regulations on 1 December 2017.
Choice on Termination of Pregnancy Act, 1996: The Amendment Bill 2017 proposes, amongst others, access to
ultrasound examinations and sufficient mandatory counselling to enable a pregnant woman to make a fully
informed choice. Note: The Memorandum is strikingly balanced, considerate of the practical situations of the poor,
and informative in simple terms.
Page 11
Competition Act:
(i) The terms of reference for a market inquiry into the private healthcare sector has been amended so
that the final inquiry report must be completed by 31 August 2018. The inquiry has been in operation
since 6 January 2014, which underlines the uncertainty created by inquiries that can be initiated and
amended at any time .
(ii) Reminder that the current SA Petroleum Industry Association conditional exemption (required to
ensure the continuity and stability of liquid fuels supply), and current Western Cape Citrus Producers
Forum short-term exemption (required to coordinate logistical, marketing and sales support), both end on
31 December 2017.
Customs and Excise Act: Guidelines/rules/conditions/application gazetted for rebate item 460.17/87.03/04.04
permits. This relates to certain types of vintage and/or internationally collectable motor vehicles.
Electronic Communications Act: The comment deadline for the Draft Amendment Bill 2017 has been extended to
31 January 2018. You may also wish to revisit the past overview .
Electronic Deeds Registration Systems Bill: The Bill 2017 proposes that the registration, execution and filling of
deeds and documents prescribed by the Deeds Registries Act and Sectional Titles Act continue under those laws
until the EDR system is in place.
Financial Sector Regulation Act: The Insurance Bill version B proposes amending the Act by making changes to
the definition of eligible financial institution, financial product, financial sector law, and responsible authority .
Foodstuffs, Cosmetics and Disinfectants Act: The Draft Animals Protection Bill 2017 proposes prohibiting the sale
or manufacture of any cosmetic, which has been tested on an animal in the Republic. Note: The Bill also proposes
related special defences, SPCA inspector function, inspector powers, penalties, and forfeiture changes .
Insurance Bill: Version B of the Insurance Bill has replaced the original version .
Page 12
Marine Living Resources Act: The recreational fishing permit, and closed season, periods for West Coast Rock
Lobster have been amended.
Marine Spatial planning Bill: The Bill proposes, amongst others, the documentation, mapping and understanding
of the physical, chemical and biological ocean processes and opportunities in, and threats to, the ocean.
Medical Schemes Act: Contractual, administrative or intermediary service providers to medical schemes, and
medical schemes, note the prohibition on certain practices that influence trustee voting (that applies from 5
December 2017).
Medicines and Related Substances Act :
(i) The draft bonusing regulations propose clarifying the prohibition on the supply of any medicine,
medical device or IVD subject to a bonus system, rebate system or incentive scheme. Comment deadline
1 March 2018.
(ii) Opportunity has been given to comment by 1 March 2018 on the proposed review of the guidelines
for pharmacoeconomic submissions.
National Environmental Management Waste Act: Notice has been given that certain persons that commercially
manufacture, convert, refurbish or import new or used prescribed goods (i.e. paper or packaging material; lighting
equipment; electrical and electronic equipment; or goods wrapped in primary or secondary packaging) intended
for distribution within SA must register as a producer by 6 February 2018, and must furthermore submit an industry
waste management plan or subscribe to an approved plan within the prescribed timelines. Note: A plan must
cover 23 prescribed areas (e.g. identify any incentives to encourage good waste management by end-users) .
National Health Act: New public and private emergency medical services regulations commenced 1 December
2017
Page 13
National Regulator for Compulsory Specifications Act:
(i) Amendments have been proposed to the circuitbreakers specification (VC8036) definitions,
and evidence of conformity, provisions. Comment deadline 1 February 2018.
(ii) A draft specification VC8014 has been gazetted (manufacture, production, processing and treatment
of canned fish, canned fish products, canned marine molluscs, canned marine molluscs products, canned
crustaceans and canned crustaceans products).Comment deadline 1 February 2018.
Public Finance Management Act: A draft standard for the varied application of generally recognised accounting
principles 18, 20, 32 and 105 to 110 to municipalities, public entities etc has been gazetted. Comment deadline
22 December 2017.
Public Funding of Represented Political Parties Act: The Political Party Funding Bill 2017 proposes repealing this
Act.
Public Service Act: Section 38(2)(b)(i) declared unconstitutional. “…empowers the State, as employer, to recover
monies wrongly paid to its employees directly from salaries or wages without due process or agreement”.
Recognition of Customary Marriages Act: On polygamous customary marriages concluded before 15 November
2000, note Constitutional Court 194/16 (relating to the section 7(1) invalidity being suspended for two years, order
on property consequences during suspension order, and exceptions to the property consequences order).
Refugees Act: The Refugees Amendment Bill 12D of 2016 proposes overhauling the Act, including making it an
offence for an employer or educational institution to fail to give a prescribed letter 14 days after an asylum seeker
with a visa has been employed or enrolled. Note: This Bill must be read with Amendment Acts 33 of 2008 and 12
of 2011 (that have not commenced yet) .
Short-term Insurance Act: Reminder that contracts that fall within part 7 (contracts identified as accident and
health policies), and entered into before 1 April 2017, must comply with part 7 by 1 January 2018 .
Page 14
Standards Act: New, proposed amended, and withdrawn standards have been gazetted for December
2017 (notice 1 and notice 2). Note: Generally related laws may in certain circumstances involving standards
include, for example, section 55 of the Consumer Protection Act, the Occupational Health and Safety Act,
the National Regulator for Compulsory Specifications Act, the Agricultural Products Standards Act, and/or
the Competition Commission and SABS MoU.
Tax Administration Act: Tax Administration Act: New deadline to file returns under the notice requiring submission
of country-by-country, master file and local file returns. Now 28 February 2018 for reporting fiscal years
commencing before 1 March 2016.
Value-added Tax Act: Reminder that the current cessation date for section 18B (temporary letting of fixed
property) is 1 January 2018.
Back to index
Page 15
SAIPA member log-in details and support
Please DO NOT register on Hwww.gazette.co.zaH if you are a SAIPA member (unless you wish to add a non-SAIPA
member) as SAIPA has given members full access to the website.
To access Hwww.gazette.co.zaH simply use the following:
▪ Username: first initial + surname + last two digits of membership number (e.g. pstassen32)
▪ Password: full membership number (e.g. 5432).
Contact Hsupport@gazette.co.zaH for log-in queries or if you wish to change your personal details. Please note that
if you are not receiving the newsletter twice a month you may need to ask your IT department to check whether
it is being blocked by your IT systems or check that SAIPA has your newest email address.
Kind regards,
SAIPA Technical and Standards Department
Back to index