Bulletin 6 of 2013Bulletin 39 of 2015 Period: 25 September ... 39 of 2015 (2) .pdf · The Supreme Court of Appeal dismissed the appeal by the South African Broadcasting Corporation

IMPORTANT NEWS

DRAFT RULES FOR COMMUNITY SCHEMES OMBUD DRAWN UP

Draft Regulations on the Community Schemes Ombud Service have been published for comment.

Drawn up by the Human Settlements Department in terms of the Community Schemes Ombud Service Act, the draft

regulations contain detail on the activities of the board, levies and service fees and training and education.

The board is expected to meet at least four times a year and the Chief Ombud must ensure that complete minutes of

each meeting are kept.

Meanwhile the Department has also published Draft Regulations for Fees and Levies payable to the Community

Schemes Ombud Service for comment.

Included is the prescribed monthly levy payable by every unit within a community scheme.

A R100 fee will be charged for adjudication while the application fee stands at R50.

People who earn less than R5 500 per month after tax are entitled to a 100% waiver of application and adjudication fees.

The Department has also published Draft Sectional Titles Schemes Management Regulations for comment. Issues

covered include minimum amounts for reserve fund, other risks to be insured against, powers of a provisional curator ad

litem and curator ad litem, notifications and rules.

Two annexures on management rules and conduct rules are included.

Comment on all three draft regulations is invited within 30 days of the date of publication of the notices.

Source: http://www.sabinetlaw.co.za/

MUNICIPAL PROCUREMENT TO BE STREAMLINED

Local government procurement of ‘key infrastructure goods and services’ is to be streamlined. Government is finalising

‘framework contracts’ that will allow municipalities to place orders without following a separate procurement process for

each product or service concerned.

Municipalities will nevertheless be ‘free to procure elsewhere’ if they can do so at lower prices for better quality. Co-

operative Governance and Traditional Affairs ‘municipal infrastructure support agent’ Sean Phillips reportedly told

delegates at a recent Association of Municipal Electricity Utilities convention that the intervention is expected to facilitate

the competitive pricing generally associated with ‘economies of scale’ – benefiting under-resourced municipalities in

particular. It should also ‘accelerate’ the process of purchasing equipment and ‘reduce the threat of procurement-related

corruption at local government level’.

Prospective suppliers will bid for national government tenders, with municipalities purchasing goods and services

against three-year framework contracts set to be in place with winning bidders by the end of next year. While

construction services are among the first to be targeted, Phillips also alluded to opportunities for ‘piggybacking’ on

Eskom framework contracts for specific distribution equipment.

Source: Legalbrief 7 October 2015

Bulletin 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 39 of 2015 Period: 25 September 2015 – 02 October 2015

http://www.sabinetlaw.co.za/

2

UIF TO FINANCE JOB CREATION

The Unemployment Insurance Amendment Bill now on its way to Parliament proposes using the fund to finance job

creation schemes ‘for the benefit of unemployed contributors’ – also mooting that a contributor should not be entitled to

benefits provided in the Act ‘if he or she refuses to undergo training or vocational counselling for employment under any

scheme approved by the commissioner’. This is according to a memorandum on the Bill’s objects gazetted as part of an

explanatory summary that makes no mention of bringing domestic workers within the ambit of the Act’s provision for

maternity benefits an expectation prompted by Labour Minister Mildred Oliphant’s remarks last October at a domestic

worker’s imbizo. Contributing domestic workers have qualified for certain benefits under the Act since the 2003

Amendment Act came into effect.

Once in force the Bill will introduce a maximum remuneration rate of 66% for lower-income contributors. It will also

ensure that employees in learnerships contribute towards and qualify for unemployment insurance, along with

documented foreign workers and piece workers employed for less than 24 hours per week. The Bill also seeks to allow:

a contributor 12 months within which to lodge a claim (as opposed to six months as is currently the case); and the

dependants of a diseased contributor 18 months in which to apply for benefits (12 months more than currently provided).

However, no reference is made in the memorandum to a provision in last year’s Bill extending the period during which a

contributor may receive benefits from eight to 12 months. The Bill was withdrawn soon after being tabled in Parliament,

having been declared ‘defective’.

Other proposals in the Bill include that: a contributor should not be entitled to illness benefits if absent from work for less

than seven days, as opposed to 14 as is currently the case; women who miscarry should be entitled to maternity

benefits; public servants should be included as contributors and beneficiaries under the Act; and that MPs, Ministers,

Deputy Ministers, members of provincial legislatures and municipal councillors should be excluded.


PRETORIA REGISTRAR’S CIRCULAR NO. 25 OF 2015 - PROCEDURE TO DEAL WITH LOST DEEDS

The purpose of the Circular is to outline the procedure on how to deal with lost deeds in the office and to centralize the

functions relating thereto.

Contact the Knowledge Centre for a copy of above circular

RECOMMENDED READING

Article 6 CRC and the Views of the CRC Committee, by Jaap E Doek, Stellenbosch Law Review Vol 26 No 2 2015

The Child`s Right to Life, Survival and Development: Evolution and Progress, by Elaine E Sutherland,

Stellenbosch Law Review Vol 26 No 2 2015

The Intersection between Article 6 of te UN Convention on the Rights of the Child and Early Childhood

Development, by Julia Sloth-Nielsen and Sue Philpott, Stellenbosch Law Review Vol 26 No 2 2015

The Implications of Article 6 of the Convention on the Rights of the Child for the State, Children of Parents with

Intellectual Disabilities who are “at Risk of Neglect” and their Parents, by Willene Holness, Stellenbosch Law

Review Vol 26 No 2 2015

Fostering and Adoption as Means of Securing Article 6 Rights in England, by Brian Sloan, Stellenbosch Law


Child Poverty in New Zealand: A Contravention of Articles 6 and 27 of the Convention on the Rights of the Child

1989, by Mark Henaghan and Ruth Ballantyne, Stellenbosch Law Review Vol 26 No 2 2015

“Wrongful Life” – The Constitutional Court Paved the Way for Law Reform, by Trynie Boezaart, Stellenbosch Law


Taking Care of the Small: Article 6 of the Convention of the Rights of the Child and Childhood Accidental Injury

Claims in Scotland, by Lesley-Anne Barnes Macfarlane, Stellenbosch Law Review Vol 26 No 2 2015

3

RECENT SUPREME COURT OF APPEAL JUDGMENTS

SUPREME COURT OF APPEAL RESTORES PUBLIC PROTECTOR POWERS

SABC v DA (393/2015) [2015] ZASCA 156 (8 OCTOBER 2015)

The Supreme Court of Appeal dismissed the appeal by the South African Broadcasting Corporation SOC Ltd (SABC),

the Minister of Communications (the Minister) and Mr Hlaudi Motsoeneng (the appellants) against Part A of an order

granted by the Western Cape Division of the High Court, Cape Town. In the result, the court below’s order was

confirmed, in terms of which the SABC was directed to institute disciplinary proceedings against Mr Motsoeneng and he

was suspended from his position as Chief Operations Officer (COO) of the SABC at least until the finalisation of such

disciplinary proceedings.

The primary issues before the SCA were whether the court below was correct, firstly, in directing the SABC to institute

disciplinary proceedings against Mr Motsoeneng; and secondly, in ordering that Mr Motsoeneng be suspended pending

finalisation of such proceedings. However, in deciding these issues, the SCA considered the powers and position of the

Public Protector, as a report authored by her concerning the management of the SABC formed the basis for the original

application by the first respondent, the Democratic Alliance (DA).

The facts of the case are as follows. In February 2014, the Public Protector released a report detailing ‘pathological

corporate governance deficiencies at the SABC’, and singled out Mr Motsoeneng (the Acting COO at the time) for

particularly scathing criticism. Amongst other things, the Public Protector had found that: his appointment as Acting COO

was irregular; his salary progression from R1,5 million to R2,4 million in one fiscal year was irregular; and he had

fraudulently misrepresented to the SABC that he had a matric qualification. Consequently, the Public Protector directed

the SABC and Minister to implement various remedial steps, including the institution of disciplinary proceedings against

Mr Motsoeneng. The Public Protector also required them to submit implementation plans.

On 7 July 2014, instead of implementing the Public Protector’s remedial action and without notice to her, the appellants

permanently appointed Mr Motsoeneng as COO. The justification for ignoring the Public Protector’s remedial action was

that a firm of attorneys, Mchunu Attorneys, had been appointed to investigate the veracity of the findings contained in

her report, and a report prepared by them had apparently exonerated Mr Motsoeneng. Aggrieved, the DA approached

the court below for an order in two parts. Part A was an urgent application for inter alia the suspension of Mr

Motsoeneng and the institution of disciplinary proceedings against him. Part B was for inter alia the setting aside of his

appointment. The court below granted the order in Part A, which formed the subject of the appeal. Part B remains to be

finalised by the Western Cape Division of the High Court.

Regarding the first issue, the SCA confirmed the finding of the court below that the SABC must institute disciplinary

proceedings against Mr Motsoeneng. In arriving at this conclusion, however, the SCA rejected the reasoning of the court

below, which had concluded that the directions of the Public Protector were not ‘binding and enforceable’ in the same

way as a court order. The SCA noted that a court order is an ‘inaccurate comparator and the phrase “binding and

enforceable” is terminologically inapt and in this context conduces to confusion’. The SCA considered in depth the place

of the Public Protector in our constitutional framework, and concluded as follows:

‘the office of the Public Protector, like all Chapter Nine institutions, is a venerable one. Our constitutional compact

demands that remedial action taken by the Public Protector should not be ignored. State institutions are obliged to

heed the principles of co-operative governance as prescribed by s 41 of the Constitution. Any affected person or

institution aggrieved by a finding, decision or action taken by the Public Protector might, in appropriate

circumstances, challenge that by way of a review application. Absent a review application, however, such person is

not entitled to simply ignore the findings, decision or remedial action taken by the Public Protector. Moreover, an

individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to

embark on a parallel investigation process to that of the Public Protector, and adopt the position that the outcome of

that parallel process trumps the findings, decision or remedial action taken by the Public Protector. Before us, all the

parties were agreed that a useful metaphor for the Public Protector was that of a watchdog. As is evident from what

is set out above, this watchdog should not be muzzled.’

Regarding the second issue, the court below had concluded that in light of Mr Motsoeneng’s position at the SABC and

the findings made against him by the Public Protector, there was a real risk that the integrity of the disciplinary process

against him might be undermined if he was not suspended. The SCA upheld this conclusion, and so also confirmed the

suspension order.

4

Accordingly, the SCA dismissed the appeal and upheld the order of the court below and in the process clarified the

powers of the Public Protector.

Source: Supreme Court of Appeal’s Media Summary

CENTRE FOR CHILD LAW v THE GOVERNING BODY OF HOERSKOOL FOCHVILLE (156/2015) [2015] ZASCA 155

(8 OCTOBER 2015)

Appeal – mootness – discrete point of interpretation – production of documents – Uniform rule 30A applicable when rule

35(12) not complied with – court must try to strike a proper balance in the exercise of its general discretion – interests of

children must be accorded adequate weight.

NAIDOO v MINISTER OF POLICE (20431/2014) [2015] ZASCA 152 (2 OCTOBER 2015)

Negligence ─ Duty of care ─ police conduct in breaching rights under the Domestic Violence Act 116 of 1998 actionable.

Arrest ─ legality of ─ arrest without a warrant ─ person arrested whilst seeking assistance from the police under the

Domestic Violence Act ─ arrest by police without warrant under s 40(1)(b) or (q) of the Criminal Procedure Act 51 of

1977 not absolving police from liability if requirements of the section not met. Damages ─ assault ─ appellant a victim of

domestic violence assaulted by police while seeking assistance from them ─ appellant suffering secondary victimisation

─ that factor aggravating the contumelia element of the assault.

OPPERMAN v MINISTER OF DEFENCE AND MILITARY VETERANS (20752/14) [2015] ZASCA 153 (2 OCTOBER

2015)

Employment – South African National Defence Force – whether contract of employment conferring benefits on employee

to which he is not entitled, is enforceable.

NON-DETONATING SOLUTIONS (PTY) LTD v DURIE (20440/2014) [2015] ZASCA 154 (2 OCTOBER 2015)

Civil procedure – Anton Piller application – requirements for the grant of an Anton Piller order satisfied –interim order

granted by court a quo amended and confirmed.

Source: http://www.justice.gov.za/sca/judgments/judgem_sca.htm

RECENT HIGH COURT JUDGMENTS

WOMAN WINS DAMAGES AFTER DOG BITE

Sylvia Codeghini (84) – who sued the owners of two dogs that bit her in November 2012 – won R175 000 in damages in

the KZN High Court (Pietermaritzburg) yesterday. The Mercury reports Codeghini’s claim against Peter and Patricia

Hampson had been for R296 294. She claimed R120 000 for general damages, pain and suffering, the loss of amenities

of life and disfigurement; R126 294 for past medical expenses; and R50 000 for future medical expenses. The case had

been set down for trial to determine liability, but had been settled between the parties. She received R100 000 for past

medical expenses and R75 000 for general damages.


SOUTH AFRICAN LAW REPORTS – OCTOBER 2015

PIETERSE v CLICKS GROUP LTD AND ANOTHER 2015 (5) SA 317 (GJ)

Defamation - Liability—Accusation of suspicion of shoplifting—Defence of reasonable suspicion competent—But fault in

form of negligence will suffice to attract liability.

Delict - Specific forms—Injuria—Infringement of dignitas—Stopping and searching of customer suspected of

shoplifting—Defence of reasonable suspicion competent—But fault in form of negligence will suffice to attract liability.

http://www.justice.gov.za/sca/judgments/judgem_sca.htm

5

DOUG PARSONS PROPERTY INVESTMENTS (PTY) LTD v ERASMUS DE KLERK INC 2015 (5) SA 344 (GJ)

Conveyancer - Rights and duties—Duties—Duty in dealing with value-added tax collected from purchaser—No legal

duty on conveyancer to pay it over to South African Revenue Service or to ensure that seller did so.

Conveyancer - Rights and duties—Duties—Duty to exercise reasonable degree of skill and care in transfer of property—

Negligent to make payment of value-added tax collected from purchaser to director of seller company without

authorising resolution—Semble: Hands-off approach undesirable; attesting to documents as commissioner of oaths in

absence of deponent potentially fraudulent and dishonourable.

QUICK DRINK CO (PTY) LTD AND ANOTHER v MEDICINES CONTROL COUNCIL AND OTHERS 2015 (5) SA 358

(GP)

Constitutional law - Constitution—Foundational values—Rule of law—Law enforcement—Selective enforcement—

Equality challenge—Rational connection to legitimate government objective required—Targeted seizure set aside where

no rational ground for differential treatment shown.

Medicine - Medicines Control Council—Powers—Seizure of scheduled substance—Applicant’s consignment of

electronic cigarettes containing nicotine seized—No others targeted—Amounting to selective enforcement of

legislation—No rational connection of legitimate government purpose shown—Unfair—Seizure set aside.

State - Duties—Law enforcement—Selective enforcement due to limited resources—State must show rational basis for

selective or targeted enforcement.

CROSS-BORDER ROAD TRANSPORT AGENCY v CENTRAL AFRICAN ROAD SERVICES (PTY) LTD AND

OTHERS 2015 (5) SA 370 (CC)

Constitutional law - Legislation—Validity—Declaration of invalidity—Retrospectivity—Suspension period passing without

enactment of remedial legislation—Order silent on retrospectivity—Effect—Default position one of invalidity to date of

promulgation unless varied by court—Not necessary to expressly stated, such could be determined on proper

construction of order—Constitution, s 172(1)(b)(i).

HYDE CONSTRUCTION CC v DEUCHAR FAMILY TRUST AND ANOTHER 2015 (5) SA 388 (WCC)

Trust - Trustee—Authority to institute legal proceedings—Lack of authority of trustees—Distinguished from lack of

capacity of trust—Ratification.

CENTRAL AUTHORITY v TK 2015 (5) SA 408 (GJ)

Children - Abduction—International abduction—Child’s habitual residence—Determination—Hague Convention on the

Civil Aspects of International Child Abduction 1980, art 3.

NATIONAL HEALTH LABORATORY SERVICE v LLOYD-JANSEN VAN VUUREN 2015 (5) SA 426 (SCA)

Labour law - Contract of employment—Consecutive contracts—Whether first contract novated by second—First contract

stipulating that employee would recompense employer for training either by working for fixed period or reimbursing

employer—First contract providing for subsequent employment under second contract—Contracts interrelated—

Obligation to recompense surviving conclusion of second contract.

Novation - Proof—Intention to novate not presumed—Court may have regard to conduct of parties, including evidence

relating to their intention.

JERRIER v OUTSURANCE INSURANCE CO LTD 2015 (5) SA 433 (KZP)

Insurance - General legal principles—Duty of disclosure—Non-disclosure—Insurer refusing to pay claim because

insured failed to report previous accidents for which he never claimed—Whether non-disclosure amounting to breach of

terms of policy or material non-disclosure permitting insurer to avoid liability for subsequent claim.

6

MBD SECURITISATION (PTY) LTD v BOOI 2015 (5) SA 450 (FB)

Magistrates’ court - Civil proceedings—Jurisdiction—Consent—Validity—Even where judgment debtor consents to

jurisdiction of court in which not resident or employed, may only do so in respect of institution of proceedings and not

issue of emoluments attachment order—Magistrates’ Courts Act 32 of 1944, s 45(1) read with s 65J.

PHEIFFER v VAN WYK AND OTHERS 2015 (5) SA 464 (SCA)

Lien - For improvements—Substitution of security for—Court having discretion to order substitution on considerations of

justice and equity—Whether substitution of enrichment lien with guarantee furnished by person other than owner of

improved property offering adequate security for enrichment claim.

SASOL CHEMICAL INDUSTRIES LTD AND ANOTHER v COMPETITION COMMISSION 2015 (5) SA 471 (CAC)

Competition - Promotion of competition—Prohibited practices—Abuse of dominance—Excessive pricing—Test—

Economic value—Reasonableness—Company with history of state support using import-parity pricing—Competition Act

89 of 1998, s 8(a).

Competition - Competition Tribunal—Expert evidence—Economic experts to refrain from testifying on legal matters—

Figures cited without clear and reasoned justification not constituting expert evidence.

ABSA BANK LTD v JANSEN VAN RENSBURG AND OTHERS 2015 (5) SA 521 (GJ)

Contract - Consensus—Mistake—Cannot be relied on to escape contract if due to own fault.

Agency and representation - Liability of principal for acts of agent—Principal instructing agent to bid up to R35 000—

Agent in panic bidding R125 000 and concluding sale—Whether principal bound.

BUSINESS PARTNERS LTD v WORLD FOCUS 754 CC 2015 (5) SA 525 (KZD)

Company - Winding-up—Application—Application an abuse of procedure—Section providing that company may prove

its damages, if court allows—Which court may allow—Companies Act 61 of 1973, s 347(1A).

FORTUIN v ROAD ACCIDENT FUND 2015 (5) SA 532 (GP)

Delict - Specific forms—Loss of support—Foster child—Whether child may claim for loss of support as result of

death of foster parent.

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM v TSUPUTSE AND OTHERS 2015 (5) SA 537 (KZD)

Court - High Court—Jurisdiction—Matatiele magisterial district—KwaZulu-Natal Division and Local Division have

concurrent jurisdiction over.

FAIRHAVEN COUNTRY ESTATE (PTY) LTD v HARRIS AND ANOTHER 2015 (5) SA 540 (WCC)

Competition - Unlawful competition—Passing-off—Domain names—Whether registrant claiming exclusive use of name

linked to intellectual property of another guilty of delict of passing-off.

Intellectual property - Domain names—Exclusive right to use—Infringement—Registrant not enjoying exclusive use

merely by virtue of registration—Whether non-registrant enjoying exclusive use of domain name.

SALOOJEE AND ANOTHER v KHAMMISSA AND OTHERS NNO 2015 (5) SA 554 (GJ)

Company - Winding-up—Enquiry into affairs of company—Whether documents, compelled to be produced at enquiry

under s 417(3), protected from admission in later criminal proceedings by s 417(2)(c)—Companies Act 61 of 1973, ss

417(2)(c) and 417(3).

7

INDUSTRIAL HEALTH RESOURCE GROUP AND OTHERS v MINISTER OF LABOUR AND OTHERS 2015 (5) SA

566 (GP)

Labour - Occupational injuries—Workplace incident—Report of inquiry into incident—Access—Interested parties entitled

to access on request—Occupational Health and Safety Act 85 of 1993, s 32; Promotion of Access to Information Act 2 of

2000, s 46.

COUNCIL FOR MEDICAL SCHEMES AND ANOTHER v BONITAS MEDICAL FUND 2015 (5) SA 577 (GP)

Medicine - Medical aid—Medical aid scheme—Inspection order—Appealability—Not constituting ‘decision’ for purposes

of s 49(1) and accordingly not appealable—Medical Schemes Act 131 of 1998, s 44(4)(a) read with s 49(1).

MOGALE CITY v FIDELITY SECURITY SERVICES (PTY) LTD AND OTHERS 2015 (5) SA 590 (SCA)

Government procurement - Procurement process—Irregularities—Multiple flaws—Just and equitable remedy—Invalidity

suspended pending re-evaluation of bids where municipality would otherwise be deprived of essential service—Court

sounding warning to errant officials.

PHEKO AND OTHERS v EKURHULENI CITY 2015 (5) SA 600 (CC)

Attorney - Costs—Costs de bonis propriis—When to be awarded—Failing to notify registrar of change of address—

Obliged to do so by Constitutional Court Rules and Uniform Rules of Court—Not doing so grossly negligent—Punitive

costs order awarded to mark court’s displeasure—Constitutional Court Rules, rule 1(8); Uniform Rules of Court, rules 4,

4A and 16.

Contempt of court - Disobedience of court order—Attorney failing to communicate court order to client—Whether

attorney in contempt—Requisites for contempt restated—Service of order on attorney not established.

Contempt of court - Disobedience of court order—By organ of state—Municipality not complying with court order—

Requisites for contempt restated—Service of order on municipality’s attorney not established.

Local authority - Powers and duties—To comply with court orders—Joinder of specific parties ordered—Semble:

Executive mayor and municipal manager responsible for implementing court orders by virtue of their leadership roles.

Source: https://jutalaw.co.za

BILLS

UNEMPLOYMENT

INSURANCE AMENDMENT

BILL, 2015,

Notice of intention to introduce, explanatory summary

and memorandum on the objects of the Bill published for

comment

GG 39246 (02.10.15)

PROCLAMATIONS AND NOTICES

STATISTICS SOUTH

AFRICA

Consumer Price Index, Rate (Base Dec 2012 = 100):

August 2015: 4,6 published

GG 39252 (02.10.15)

MERCHANT SHIPPING ACT

57 OF 1951

Draft Maritime Labour Certificate and Declaration of

Compliance Regulations Merchant Shipping (Maritime

Labour Convention) Regulations, 2015 published for

comment

GG 39253 (02.10.15)

PENSION FUNDS ACT 24

OF 1956

Comment period on draft amendments to the Pension

Fund Regulations, 2015 (draft Default Regulations)

extended until 31 October 2015

MILITARY PENSIONS ACT

84 OF 1976

Amounts determined in terms of ss. 1 and 5 and GN

R667 in GG 37959 of 5 September 2014 withdrawn with

effect from 1 April 2014 [sic]

GG 39253 (02.10.15)

https://jutalaw.co.za/

8

ATTORNEYS ACT 53 OF

1979

Fidelity Fund Regulations amended GG 39239 (30.09.15)

ALLIED HEALTH

PROFESSIONS ACT 63 OF

1982

Allied Health Professions Council of South Africa

(AHPCSA) and Professional Board: Homeopathy,

Naturopathy and Phytotherapy (PBHNP): Composition of

an inquiring body for the purposes of the institution of a

disciplinary inquiry into unprofessional conduct

determined in terms of Regulation 19 of the Regulations

published in GN R2610 in GG 8468 of 3 December 1982

GG 39243 (02.10.15)

SMALL CLAIMS COURTS

ACT 61 OF 1984

Establishment of small claims courts for the areas of

Albert and Midvaal published

GG 39248 (02.10.15)

Establishment of small claims courts for the areas of

Christiana, Warrenton and Hartswater and withdrawal of

GN 603 in GG 37889 of 8 August 2014 published

GG 39248 (02.10.15)

BANKS ACT 94 OF 1990

Designation of Ithala SOC Limited, a wholly owned

subsidiary of Ithala Development Finance Corporation

Limited, as an institution of which the activities do not fall

within the meaning of 'the business of a bank' for the

period 1 July 2015 to 30 June 2016 published and GN

320 in GG 38693 of 17 April 2015 substituted

GG 39252 (02.10.15)

AGRICULTURAL PRODUCT

STANDARDS ACT 119 OF

1990

Invitation to prospective assignees to carry out

inspections with respect to regulated freshvegetables,

fruits and flowers, grains and grain products, animal

products and processed products published in terms of s.

2 of the Act

GG 39252 (02.10.15)

OCCUPATIONAL HEALTH

AND SAFETY ACT 85 OF

1993

Driven Machinery Regulations, 2015 published in GN

R540 in GG 38905 of 24 June 2015 corrected

GG 39253 (02.10.15)

Incorporation of health and safety standard into the

Driven Machinery Regulations, 2015: National code of

practice for the training providers of lifting machine

operators published in GN R539 in GG 38904 of 24 June

2015 corrected

GG 39252 (02.10.15)

HIGHER EDUCATION ACT

101 OF 1997

Policy on the Minimum Norms and Standards for Student

Housing at Public Universities published

GG 39238 (29.09.15)

PRIVATE SECURITY

INDUSTRY REGULATION

ACT 56 OF 2001

Proposed amendments to Code of Conduct for Security

Service Providers, 2003 published for comment

GG 39242 (30.09.15)

Proposed amendments to Improper Conduct Enquiries

Regulations, 2003 published for comment

GG 39242 (30.09.15)

NATIONAL HEALTH ACT 61

OF 2003

Implementation Guideline of Health Workforce Normative

Guides and Standards for Fixed Primary Health Care

Facilities published

GG 39244 (02.10.15)

CRIMINAL LAW (SEXUAL

OFFENCES AND RELATED

Notice of draft Regulations relating to Sexual Offences

Courts, 2015 published for comment

GG 39240 (30.09.15)

9

MATTERS) AMENDMENT

ACT 32 OF 2007

SECTIONAL TITLES

SCHEMES MANAGEMENT

ACT 8 OF 2011

Draft Sectional Titles Schemes Management

Regulations, 2015 published for comment

GG 39247 (02.10.15)

COMMUNITY SCHEMES

OMBUD SERVICE ACT 9

OF 2011

Draft Regulations for the Community Schemes Ombud

Service, 2015 published for comment

GG 39247 (02.10.15)

Draft Regulations for Fees and Levies on Community

Schemes Ombud Service published for comment

GG 39247 (02.10.15)

PROVINCIAL LEGISLATION

Eastern Cape

LOCAL GOVERNMENT:

MUNICIPAL STRUCTURES

ACT 117 OF 1998

Municipal Demarcation Board: Delimitation of municipal

ward: Inxuba Yethemba Local Municipality (EC131)

published for comment

PG 3507 (29.09.15)

Municipal Demarcation Board: Variation and

confirmation of delimitation of municipal wards:

Buffalo City Metropolitan Municipality (BUF);

Blue Crane Route Local Municipality (EC102);

Makana Local Municipality (EC104);

Ndlambe Local Municipality (EC105);

Kouga Local Municipality (EC108);

Kou-Kamma Local Municipality (EC109);

Port St Johns Local Municipality (EC154);

Nyandeni Local Municipality (EC155);

Mhlontlo Local Municipality (EC156);

King Sabata Dalindyebo Local Municipality

(EC157);

Umzimvubu Local Municipality (EC442);

Mbizana Local Municipality (EC443); and

Nelson Mandela Bay Metropolitan Municipality

(NMA)

published

PG 3508 (28.09.15)

LOCAL GOVERNMENT:

MUNICIPAL SYSTEMS ACT

32 OF 2000

Nxuba Local Municipality: Rules of Order By-law 1 of

2014 published

PG 3512 (30.09.15)

CONSTITUTION OF THE

REPUBLIC OF SOUTH

AFRICA, 1996 AND LOCAL

GOVERNMENT:


32 OF 2000

Nxuba Local Municipality: Property Encroachment By-

law, 2014 published and previous by-laws repealed with

effect from a date determined by the municipality by

proclamation in the Provincial Gazette

PG 3512 (30.09.15)

RATIONALISATION OF

LOCAL GOVERNMENT

AFFAIRS ACT 10 OF 1998

AND LOCAL

GOVERNMENT:

Nxuba Local Municipality: Advertising Signs and

Hoardings By-law published with effect from 1

December 2001

PG 3512 (30.09.15)

10


32 OF 2000

CONSTITUTION OF THE

REPUBLIC OF SOUTH


GOVERNMENT:

MUNICIPAL SYSTEMS

ACT 32 OF 2000

Nxuba Local Municipality: Liquor Trading Hours By-

laws, 2014 published and previous by-laws repealed

PG 3512 (30.09.15)

Gauteng

HOSPITALS ORDINANCE

14 OF 1958 AND

HOSPITAL ORDINANCE

AMENDMENT ACT 4 OF

1999

Revision of the Uniform Patient Fee Schedule relating

to the classification of and fees payable by patients at

Provincial Hospitals (Folateng Wards) amended

PG 432 (02.10.15)

Limpopo

LOCAL GOVERNMENT:


ACT 117 OF 1998



Greater Giyani Local Municipality (LIM331);

Greater Letaba Local Municipality (LIM332);

Thabazimbi Local Municipality (LIM361);

Mogalakwena Local Municipality (LIM367);

Ephraim Mogale Local Municipality (LIM471);

and

Elias Motsoaledi Local Municipality (LIM472)

published

PG 2597 (28.09.15)

Amendment notice to Determination of number of

councillors of municipalities as published under GenN

367 in PG 2429 of 9 October 2014 published

PG 2599 (28.09.15)


wards:

Greater Tzaneen Local Municipality (LIM333);

Maruleng Local Municipality (LIM335);

Ba-Phalaborwa Local Municipality (LIM334);

and Makhuduthamaga Local Municipality

(LIM473)


PGs 2600-2603

(29.09.15)

Transitional measures to facilitate the disestablishment,

establishment and incorporation of municipalities

published

PG 2607 & 2608

(02.10.15)

NATIONAL

ENVIRONMENTAL

MANAGEMENT:

PROTECTED AREAS ACT

57 OF 2003

Notice of intention to declare Swebeswebe;

Haenertsburg; and Mphaphuli as nature reserves


PG 2609 (02.10.15)

11

Kwazulu-Natal

uMngeni Local Municipality

Policy for the Informal Economy and Tree Planting,

Felling and Pruning Policy published

PG 1500 (25.09.15)

CONSTITUTION OF THE

REPUBLIC OF SOUTH


GOVERNMENT:

MUNICIPAL SYSTEMS

ACT 32 OF 2000

uMngeni Local Municipality: Informal Economy and

Street Trading By-law published with effect from the

date of approval by the Council

PG 1500 (25.09.15)

LOCAL GOVERNMENT:


ACT 117 OF 1998


wards:

uMngeni Local Municipality (KZN222) and

Impendle Local Municipality (KZN224)


PGs 1502 & 1505

(29.09.15)



Ethekwini Metropolitan Municipality (ETH):

Ethekwini Metropolitan Municipality (ETH);

Umdoni Local Municipality (KZN212);

Umzumbe Local Municipality (KZN213);

uMuziwabantu Local Municipality (KZN214);

Hibiscus Coast Local Municipality (KZN216);

Msunduzi Local Municipality (KZN225);

Mkhambathini Local Municipality (KZN226);

Okhahlamba Local Municipality (KZN235);

(KZN238); Endumeni Local Municipality

(KZN241);

Msinga Local Municipality (KZN244);

eDumbe Local Municipality (KZN261);

AbaQulusi Local Municipality (KZN263);

Umhlabuyalingana Local Municipality

(KZN271);

Jozini Local Municipality (KZN272);

Mtubatuba Local Municipality (KZN275);

Mfolozi Local Municipality (KZN281);

uMhlathuze Local Municipality (KZN282);

uMlalazi Local Municipality (KZN284);

Mandeni Local Municipality (KZN291);

KwaDukuza Local Municipality (KZN292);

Ndwedwe Local Municipality (KZN293);

Maphumulo Local Municipality (KZN294);

Ubuhlebezwe Local Municipality (KZN434);

Umzimkhulu Local Municipality (KZN435); and

(KZN436)

published

PG 1503 (28.09.15)

LOCAL GOVERNMENT:

MUNICIPAL PROPERTY

RATES ACT 6 OF 2004

Ingwe Municipality: 2015/2016 Property rates published

with effect from 1 July 2015

PG 1506 (29.09.15)

KWAZULU-NATAL AbaQulusi Municipality: Amended delegation of powers PG 1508 (30.10.15)

12

PLANNING AND

DEVELOPMENT ACT 6 OF

2008

published

KWAZULU-NATAL GAMING

AND BETTING ACT 8 OF

2010

KwaZulu-Natal Gaming and Betting Board: Betting

Rules 2015 and Schedule 1 to the Betting Rules 2015

published

PG 1509 (01.10.15)

NATIONAL ROAD TRAFFIC

ACT 93 OF 1996

Notice of registration of vehicle testing station of Durban

Test and Drive as a private Grade 'B' testing station

published with effect from 7 July 2015

PG 1510 (01.10.15)

Notice of deregistration of vehicle testing station of Test

and Drive Holdings (Pty) Ltd as a private Grade 'B'

testing station published with effect from 28 May 2015

PG 1510 (01.10.15)

LOCAL GOVERNMENT:


ACT 117 OF 1998

KwaZulu-Natal Regulations on the Participation and

Role of Traditional Leaders in Municipal Councils and

Municipalities, 2015 published

PG 1511 (02.10.15)

KWAZULU-NATAL GAMING

AND BETTING ACT 8 OF

2010

KwaZulu-Natal Gaming and Betting Board: Gaming

Rules, 2013 and Schedule 1 to the Gaming Rules, 2013

amended

PG 1512 (01.10.15)

Mpumalanga

LOCAL GOVERNMENT:


ACT 117 OF 1998


confirmation of delimitation of municipal wards: Chief

Albert Luthuli Local Municipality (MP301) published

PG 2565 (28.09.15)


wards:

Emakhazeni Local Municipality (MP314);

Victor Khanye Local Municipality (MP311);

Emalahleni Local Municipality (MP312);

Steve Tshwete Local Municipality (MP313);

Dipaleseng Local Municipality (MP306);

Lekwa Local Municipality (MP305);

Msukaligwa Local Municipality (MP302); and

Dr Pixley Ka Isaka Seme Local Municipality

(MP304)


PGs 2568-2572 &

2574-2576 (29.09.15)

MPUMALANGA GAMBLING

ACT 5 OF 1995

Mpumalanga Gambling Board: Mpumalanga Gambling

Rules amended with effect from 30 days after

publication

PG 2573 (29.09.15)

Northern Cape

LOCAL GOVERNMENT:


ACT 117 OF 1998



Emthanjeni Local Municipality (NC073);

Kai !Garib Local Municipality (NC082);

Tsantsabane Local Municipality (NC085);

Kgatelopele Local Municipality (NC086);

Sol Plaatjie Local Municipality (NC091);

PG 1956 (28.09.15)

13

Dikgatlong Local Municipality (NC092);

Magareng Local Municipality (NC093);

Phokwane Local Municipality(NC094);

Ga-Segonyana Local Municipality (NC452);

and

Gamagara Local Municipality (NC453)

published

North West

LOCAL GOVERNMENT:


ACT 117 OF 1998

Municipal Demarcation Board: Confirmation and

variation of determination of wards:

Moretele Local Municipality (NW371);

Madibeng Local Municipality (NW372);

Rustenburg Local Municipality (NW373);

Moses Kotane Local Municipality (NW375);

Ramotshere Moiloa Local Municipality

(NW385);

Mamusa Local Municipality (NW393);

Lekwa-Teemane Local Municipality (NW396);

and

Maquassi Hills Local Municipality (NW404)

published

PG 7541 (28.09.15)


wards:

Ratlou Local Municipality (NW381);

Ditsobotla Local Municipality (NW384);

Kagisano-Molopo Local Municipality (NW397);

Naledi Local Municipality (NW392);

Tswaing Local Municipality (NW382); and

Mafikeng Local Municipality (NW383)


PGs 7542-7546 &

7548 (29.09.15)

DRAFT NORTH WEST

LEGISLATURE WITNESS

BILL, 2015

Published for comment PG 7547 (29.09.15)

Western Cape

CONSTITUTION OF THE

REPUBLIC OF SOUTH

AFRICA, 1996

Matzikama Municipality: By-law on Municipal Land Use

Planning published with effect from the date that the

Western Cape Land Use Planning Act 3 of 2014 comes

into operation in the municipal area of the Municipality

PG 7495 (18.09.15)

LOCAL GOVERNMENT:


32 OF 2000

Draft By-law on Municipal Land Use Planning published

for comment

PG 7496 (28.09.15)

MUSEUMS ORDINANCE 8

OF 1975

Establishment of the Cape Town Museum as a

Provincial Museum published

PG 7497 (24.09.15)

NATIONAL HERITAGE

RESOURCES ACT 25 OF

Draft Regulations (Heritage Western Cape) on the

Process for Publication of Statements of General Policy

PG 7497 (24.09.15)

14

1999 and Conservation Management Plans, 2015 published

for comment

Notice of Draft Policy on the identification and

conservation of initiation sites in the Western Cape

published

PG 7497 (24.09.15)

Declaration of Elandsberg Nature Reserve as a

Provincial Heritage Site published

PG 7497 (24.09.15)

CONSTITUTION OF THE

REPUBLIC OF SOUTH

AFRICA, 1996

Swartland Municipality: By-law relating the Rules for the

Conduct of Meetings published and By-law for the

Conduct of Meetings as published in PG 6199 of 14

January 2095 repealed

PG 7501 (02.10.15)

NATIONAL LAND

TRANSPORT ACT 5 OF

2009

Designation of an impoundment depot in Vredenburg

published

PG 7503 (02.10.15)

CONSTITION OF THE

REPUBLIC OF SOUTH


GOVERNMENT:

MUNICIPAL PROPERTY

RATES ACT 6 OF 2004

George Municipality: Property Rates By-law published

and Property Rates By-law as published under LAN

51458 in PG 7297 of 15 August 2014 repealed with

effect from 1 July 2015

PG 7503 (02.10.15)

UPCOMING EVENTS

LEAD SEMINARS

SEMINAR PRESENTER DATES

ADMINISTRATIVE

SCRUTINY: TENDERS

& LICENCING

Geo Quinot & Aadil Patel Cape Town: 15 October 2015

Durban: 16 October 2015

Midrand: 19 October 2015

5-DAY MEDIATION

TRAINING WORKSHOP

Experts in Mediation Polokwane: 19-23 October 2015

Bloemfontein: 26-30 October 2015

NATIONAL CREDIT

ACT

Frans Haupt Cape Town: 22 October 2015

Durban: 23 October 2015

DEBT COLLECTION

SEMINAR

Brett Bentley Durban: 3 November 2015

Cape Town: 6 November 2015

Johannesburg: 11 November 2015

Pretoria: 12 November 2015

Port Elizabeth: 17 November 2015

East London: 18 November 2015

Bloemfontein: 23 November 2015

CONSUMER

PROTECTION ACT

SEMINAR

Trudie Broekmann East London: 19 November 2015


Craddock: 23 November

40-HOUR DIVORCE

MEDIATION COURSE

Mahomed Essack & Tracey-

Leigh Wessels

Pretoria: 9–13 November 2015

LSSA/IBA SEMINAR Busani Mabunda Johannesburg: 16 November 2015

15

For more information visit http://www.lssalead.org.za

'NEW FRONTIERS OF

LEGAL ETHICS FOR

YOUNG LAWYERS'

Richard Scott

Steven Richman IBA

Krish Govender

Prof Tana Pistorius

Freddy Mnyongani

Tshepo Shabangu

Nic Swart

Anurag Bana

ISLP COMMERCIAL

LAW

Craig O White, Steven C

Spronz, Reitumetse Jackie

Huntley, Linda Robinson and

Karen Wishart

Johannesburg: 19-23 October 2015

Johannesburg: 26-30 October 2015

ELECTORAL

DEMOCRACY AND

VOTER EDUCATION

Jeanne-Mari Retief

Amanda Vilakazi

Johannesburg: 20 October 2015

Cape Town: 22 October 2015

Durban: 18 November 2015

OPINION WRITING

PRACTICAL

APPLICATION

Mr Hussain SC Cape Town: 26 November 2015

Durban: 27 November 2015


Johannesburg: 1 December 2015

Polokwane: 02 December 2015

Kimberley: 07 December 2015

Pretoria: 08 December 2015

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

Documents

Bulletin 6 of 2013Bulletin 39 of 2015 Period: 25 September ... 39 of 2015 (2) .pdf · The Supreme Court of Appeal dismissed the appeal by the South African Broadcasting Corporation