Bulletin 6 of 2013Bulletin 25 of 2016 Period: 1 February

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.’


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

2

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.'


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.


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.


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).


Appointment of prosecutor to lead evidence for judicial conduct tribunal—Whether offending against separation of

http://www.polity.org.za/




3

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

4

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).

5

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.


Racketeering in contravention of s 2(1)(f)—Mens rea required—Culpa sufficient form of mens rea for offence.


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.


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)

https://jutalaw.co.za/newsletter/newsletter/law-reports-advance-notification-07-july-2016/

6

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)

https://jutalaw.co.za/newsletter/newsletter/law-reports-advance-notification-07-july-2016/

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


Community Safety

• Western Cape Provincial Department of Cultural

Affairs and Sport


Economic Development and Tourism


Education


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


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)


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)


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)


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:


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:


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:


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


PG 33 (24.06.16)

LOCAL GOVERNMENT

ORDINANCE 8 OF 1962;

LOCAL GOVERNMENT:

MUNICIPAL SYSTEMS ACT

32 OF 2000; LOCAL

GOVERNMENT:

MUNICIPAL FINANCE


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:


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:


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:


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:


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:


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


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)


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:


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:


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:



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:


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


PG 1693 (23.06.16)

LOCAL GOVERNMENT:



GOVERNMENT:

MUNICIPAL FINANCE


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


PG 1695 (24.06.16)

CONSTITUTION OF THE

REPUBLIC OF SOUTH

AFRICA, 1996; LOCAL

GOVERNMENT:



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


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


June 2017 published with effect from 1 July 2016

PG 2722 (24.06.16)

LOCAL GOVERNMENT:


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:


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:


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


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


PG 7659 (21.06.16)

LOCAL GOVERNMENT:


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:


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


PG 7632 (15.06.16)

CONSTITUTION OF THE

REPUBLIC OF SOUTH

AFRICA, 1996; LOCAL

GOVERNMENT:


32 OF 2000; LOCAL

GOVERNMENT:

MUNICIPAL FINANCE


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

http://www.lssalead.org.za/

15

Documents

Bulletin 6 of 2013Bulletin 25 of 2016 Period: 1 February