Bulletin ` 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 25 of 2018 Period: 22 June June 2018

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1 Bulletin ` 6 of 2013 Period: 1 February 2013 to 8 February 2013 Bulletin 25 of 2018 Period: 22 June June 2018 IMPORTANT NEWS AMENDMENTS TO JOINT RULES OF PRACTICE (EASTERN CAPE HIGH COURT) The Chief Justice, with the support of the Judge President of the Eastern Cape Division of the High Court, in terms of sub-sections 8(3) and 8(5) of the Superior Courts Act 10 of 2013, released the amendments to the Joint Rules of Practice for the Eastern Cape Division of the High Court in Government Gazette No 41733, effective from 1 July The amendments include changes in the following Joint Rules of Practice: Pagination & Indexes, Heads of Argument, 15A Opposed Motions and General amendments. Please contact the Knowledge Centre for a copy of the amendments. Source: Juta's Weekly Statutes Bulletin 25 of 2018, IMPORTANT AMENDMENTS TO MAGISTRATE COURT RULES Your attention is drawn to the amendment of rules regulating the conduct of the proceedings of the Magistrates' Courts of South Africa published in GG 41723, with effect from 1 August The following rules are substituted: Rule 45 Enquiry into financial position of judgment debtor Rule 46 Attachment of emoluments by emoluments attachment order Rule 49 Rescission and variation of judgments The amendment of Rule 55 (Applications) The amendment of Annexure 1 to the Rules, replacing and/or amending various forms: by the insertion after Form 1B of Form 1C contained in the Annexure hereto; by the substitution for Form 5A of Form 5A contained in the Annexure hereto; by the substitution for Form 5B of Form 5B contained in the Annexure hereto; by the insertion after Form 5B of Form 5C contained in the Annexure hereto; by the substitution for Form 38 of Form 38 contained in the Annexure hereto; by the insertion after Form 38 of Form 38A contained in the Annexure hereto. Please contact the Knowledge Centre for a copy of the amendments. Source: Juta's Weekly Statutes Bulletin 25 of 2018, MUNICIPALITY DOES NOT HAVE THE POWER TO EXTEND A TENDER CLOSURE DATE The Western Cape High Court recently held that neither the Municipal Manager nor anyone else has the authority to extend the 21-day appeal period provided for in section s62 of the Systems Act. The applicants argued that s 62 does not confer a discretion to extend the 21-day period for the lodgement of the appeal. They relied on Minister of Environmental Affairs and Tourism & Others v Pepper Bay Fishing (Pty) Ltd and Minister of Environmental Affairs and Tourism & Others v Smith (par 23). The respondents argued that a statutory time period can be extended by a court in appropriate cases and questioned whether it would be sensible to interpret the time limit for lodging appeals in s62 (1) as an absolute bar and they suggested that an administrator can, based on the dictates of fairness in a particular case, extend the time period for the submission of appeal. After considering case law, the court concluded

2 2 That there is no general power afforded to the Municipality (acting through its officials or office bearers) to extend a statutory time period, except if that power is conferred on it, as allowed in that particular section of the statute. In the end, it comes down to the interpretation of that particular statute. Therefore, if the legislature intended a statute to operate as an absolute bar, the general power, if there was any, could not trump that intention. Regarding the argument that constitutional principles of fairness are offended by a statutory provision that contains a deadline the court had the following to say: Therefore, although the wording of the provision is neutral and contains no express wording to exclude or include powers to extend the period of 21 days, interpreting the section to give the Municipality implicit powers to extend the time period in section 62, in the interest of maintaining overall fairness, gives the Municipality wide powers to extend the deadline by whichever period it deems fit, which period may be short, long or indefinite in duration. This, in my view, goes counter to what is sought to be achieved by the statute. Similarly, condoning non-compliance by some applicants, who are held to be deserving of such condonation, whilst others were held to the time limit, may not represent the overall fairness advocated by the respondents. All these issues seek to highlight the problems that arise if we start introducing issues of fairness into the construction of the statute. The court then endorsed the view (held in the Smith-matter in paragraph 44) that as a general principle an administrative authority has no inherent power to condone failure to comply with a peremptory requirement. Such a discretion must be found in the provisions of the statute. The court accordingly held that for all the reasons stated, the Municipal Manager was not empowered to extend the 21-day period in section 62 (1) by another week, as he did. His decision must be reviewed and set aside. It follows, therefore, that the decision by the Mayor must also fall away, as it ought not to have been made, by virtue of the notice of appeal having been filed outside the 21-day period. It matters not that the Municipal Manager invited bidders to do so. He exercised a power he did not have, accordingly such extension was ultra vires. Source: Unreported judgment: Amandla GCF Construction v Municipality Manager of Saldanha Bay Municipality NCOP COMMITTEE ADOPTS SECURITY OF TENURE BILL The 2015 Extension of Security of Tenure Amendment Bill s B version will soon be on its way to President Cyril Ramaphosa for signature, having been adopted last week by the NCOP Committee on Land and Mineral Resources. Once in force the Bill is expected to end the arbitrary eviction of farm workers, farm dwellers, the occupiers of vacant land and their families among other things by establishing district land rights management committees and a land rights management board tasked with monitoring the processes preceding legal evictions and ensuring that specific procedures are followed. Source: Legalbrief today, 25 June 2018 FOUR ACCOUNTING STANDARDS DRAFTS OUT FOR COMMENT The Accounting Standards Board has called for comment on four exposure drafts proposing generally recognised accounting practice standards for dealing with adjustments to revenue, applying the probability test on initial recognition revenue, landfill sites and financial instruments. This is noting that the board is required to determine accounting practice standards for government departments, public entities, trading entities (as defined in the Public Finance Management Act), constitutional institutions, Parliament and the provincial legislatures, municipalities, and any boards, commissions, companies, corporations, funds or other entities under municipal ownership or control. Source: Legalbrief today, 25 June 2018 COMMITTEE COMPLETES WORK ON ENVIRONMENTAL LAWS BILL A B version of the 2017 National Environmental Laws Amendment Bill tabled in the National Assembly for a second reading debate includes several new clauses with implications for prospecting, exploration and mining activities. Once in force, the Bill will also strengthen the Minister s powers to prohibit any activity negatively impacting on the well-being of a faunal biological resource, and close loopholes in existing provisions for the revocation or suspension of an atmospheric emissions licence. Source: Legalbrief today, 26 June 2018

3 3 COMMENT SOUGHT ON DRAFT POLICY FOR INLAND WATERS A draft national inland fisheries policy recently released for comment seeks to align inland fishery governance with the constitutional requirements of a sustainable development approach to natural resource utilisation. Designed to promote equity of access and the empowerment of historically disadvantaged communities, the proposed new policy emphasises the importance of achieving an appropriate balance between small-scale, traditional/customary and recreational fishing. This is noting growing user conflicts over certain water bodies arising from a lack of recognition of customary common pool rights and a lack of capacity on the part of affected communities to participate meaningfully in governance structures. Source: Legalbrief today, 27 June 2018 SPERM DONOR GIVEN CO-PARENTING RIGHTS A woman who dreamed of being a single mother asked her ex-boyfriend to impregnate her and got more than she bargained for, says a Times Select report. As well as a son (3), KZN High Court (Durban) Judge Piet Koen told her the boy s father must have extensive co-parenting rights which include custody every alternate weekend and at least four hours of father-son time on birthdays. In court papers, the father claimed the mother was using 'visitation rights as currency' despite his attempts to seek mediation over co-parenting rights. She told him she did not like the idea of using an unknown sperm donor and wanted her child to know the identity of the biological father. There would be no obligations on the father and he could have a relationship with the child, she said. The man was 41 at the time and said in court papers he realised this may be my only opportunity to become a father. The father went to court on November 2015 to ask for scheduled contact with the child, and Koen s judgment hands him a comprehensive victory, says the report. The judge rejected the woman s claims that she and her ex had a known sperm donor agreement which made clear he would have no financial obligations or legal rights. (The child s) interests are absolutely paramount, he said. They will be best served, even with (the child) having to move between two homes, knowing he is loved unconditionally by both... in their respective unique ways. He urged the couple to be mature in addressing temporary setbacks. With a positive spirit of co-operation in (the child s) best interest, I believe that he will only benefit. Source: Legalbrief today, 27 June 2018 AG 'MUSCLE' BILL POWERS THROUGH NCOP The National Council of Provinces Committee on Finance has adopted a proposed law without amendments giving the Auditor-General greater powers to act against those found to have wasted public funds, says BusinessLIVE. In a statement committee chairperson Charel de Beer said the Public Audit Amendment Bill would give the Auditor-General the power to take remedial action. The Bill allows for the office of the Auditor-General to refer adverse findings in its reports to the Hawks and police. It also gives the Auditor-General s office the ability to order accounting officers to pay back money that has been lost as a result of their mismanagement. Source: Legalbrief today, 28 June 2018 MORE TIME TO COMMENT ON NEW COPYRIGHT BILL CLAUSES Stakeholders now have until 18 July to submit input on proposed new clauses in the reworked Copyright Amendment Bill. Nevertheless, according to an from the National Assembly s Trade and Industry Committee secretariat announcing this, those able to meet the original 9 July deadline or submit their comments before 18 July are encouraged to do so. Source: Legalbrief today, 29 June 2018 PRUDENTIAL STANDARDS FINALISED FOR INSURERS Prudential governance, operational and financial soundness standards for the insurance industry were released and will come into effect on 1 July, along with the 2017 Insurance Act. In keeping with the principle of proportionality entrenched in the Act, they reflect the nature, scale and complexity of risks inherent in each category of business: insurers, insurance groups, the branches of foreign reinsurers, Lloyds and micro insurers. Source: Legalbrief today, 29 June 2018

4 4 RECOMMENDED READING The importance of section 127 of the National Credit Act 34 of 2005, C van Heerden, THRHR, 81.2, May 2018 The rise of the drone: Privacy concerns, S Huneberg, THRHR, 81.2, May 2018 RECENT CONSTITUTIONAL COURT JUDGEMENT BOOYSEN v MINISTER OF SAFETY AND SECURITY (CCT25/17) [2018] ZACC 18 (27 JUNE 2018) Delict vicarious liability deviation case police officer domestic violence police firearm Source: RECENT SUPREME COURT OF APPEAL JUDGMENTS NNDWAMBI v S (168/2018) [2018] ZASCA 99 (14 JUNE 2018) An extracurial admission made by a co-accused is not admissible against other co-accused. Conviction set aside. MOYO v MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND OTHERS; SONTI V MINISTER OF JUSTICE AND CORRECTIONAL SERVICES AND OTHERS (387/2017; 386/2017) [2018] ZASCA 100 (20 JUNE 2018) Constitutional law constitutionality of s 1(2) of the Intimidation Act 72 of 1982 s 1(2) presumes that accused s actions or utterances are without lawful reason if such reason not advanced prior to close of prosecution case whether presumption reverses the onus of proof or is merely evidential s 35 of Constitution right to a fair trial, to be presumed innocent and to remain silent. Majority presumption evidential places pressure on the accused to disclose content of defence prematurely infringes the right to a fair trial and the right to 3 remain silent no justification for limitation of rights in terms of s 36 of Constitution section 1(2) unconstitutional and invalid. Minority presumption reverses onus of proof requiring the accused to prove the existence of a lawful reason for their acts or utterances accused can be convicted even though no proof of guilt beyond reasonable doubt infringes the right to be presumed innocent and the right to remain silent - no justification for limitation of rights section 1(2) unconstitutional and invalid. Constitutionality of s 1(1)(b) of Intimidation Act whether infringes right of freedom of expression as contained in s 16(1) of Constitution - section capable of being interpreted in conformity with Constitution. Majority section to be interpreted in light of s 39(2) of Constitution criminal provision to be construed in favour of the liberty of the citizen presumption of mens rea in the absence of express provision negating presumption Section 1(1)(b) to be construed as relating only to conduct that is intimidatory in character section requires mens rea conduct or utterances constituting intimidation must induce actual fear in target or inducing such fear would reasonably be the consequence of such conduct or utterances mere anxiety, nervousness or apprehension not constituting fear within the meaning of the section conduct that is lawful in terms of the Constitution or statute not unlawful lawful expression in terms of s 16(1) of Constitution not falling within the section and not constituting intimidation. Minority section impermissibly wide contravenes s 16(1) of Constitution no justification for limitation of rights section 1(1)(b) unconstitutional and invalid.

5 5 COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE v SOUTH AFRICAN BREWERIES (PTY) LTD (442/2017) [2018] ZASCA 101 (27 JUNE 2018) Revenue Section 47 of the Customs and Excise Act 91 of 1964 Classification of products for determination of excise duty rate General Rules of Interpretation restated classification of goods primarily on explanatory notes incorrect appeal dismissed. Source: SOUTH AFRICAN INDUSTRIAL LAW REPORTS JUNE 2018 PRESCRIPTION ACT 68 OF 1969 AND LABOUR RELATIONS ACT 66 OF 1995 The Prescription Act 68 of 1969 and the Labour Relations Act 66 of 1995 are not incompatible and both Acts can exist in harmony. The Constitutional Court in a judgment by Kollapen AJ (Cameron J, Froneman J, Kathree-Setiloane AJ, Madlanga J, Mhlantla J and Theron J concurring) found, inter alia, that an unfair dismissal claim constitutes a debt for the purposes of s 16(1) of the Prescription Act; that the time periods in the Prescription Act are not inconsistent with those in s 191 of the LRA; and that the referral of a dispute to the CCMA for conciliation constitutes service of a process commencing legal proceedings and interrupts the running of prescription. In a separate judgment Zondi AJ (Mogoeng CJ, Zondo DCJ and Jafta J concurring), found that the provisions of s 16(1) of the Prescription Act are inconsistent with s 191 of the LRA and concluded that the Prescription Act does not apply to litigation under s 191 of the LRA. In a separate concurring judgment, Zondo DJP (Mogoeng CJ, Jafta J and Zondi AJ concurring), found that the Prescription Act does not apply to unfair dismissal disputes under the LRA as such disputes are only subject to the periods provided for in the dispute-resolution system of the LRA, which is a self-standing system carefully crafted to strike a fair balance between the interests of workers and those of employers (Food & Allied Workers Union on behalf of Gaoshubelwe v Pieman s Pantry (Pty) Ltd at 1213). PROTECTED DISCLOSURES ACT 26 OF 2000 In John v Afrox Oxygen Ltd (at 1278) the Labour Appeal Court confirmed that, where an employee had made a disclosure of perceived impropriety only to her employer, s 6 of the Protected Disclosures Act 26 of 2000 was relevant. For the disclosure to qualify for protection the employee only had reasonably to believe that the conduct was unlawful, she did not have to prove the correctness of the facts upon which her belief was based. SEXUAL HARASSMENT The Labour Court found that a senior employee s frequent sexual advances to a subordinate over a period of seven years clearly constituted unwelcome and inappropriate conduct of a sexual nature. The court was extremely critical of the CCMA commissioner s misogynistic and patriarchal approach to the matter; his failure to consider both the Codes of Good Practice on the Handling of Sexual Harassment Cases in the Workplace 1998 and 2005; his finding that the victim s silence in the face of persistent inappropriate conduct indicated that she was docile or inviting ; and his finding that the lapse of time before the victim reported the inappropriate conduct reflected on her credibility. The court reviewed and set aside the arbitration award and upheld the dismissal of the employee (Rustenburg Platinum Mines Ltd v United Association of SA on behalf of Pietersen & others at 1330). In a matter before the CCMA, where a senior employee had touched the breasts of a young subordinate, the commissioner found that his conduct clearly constituted sexual harassment. The commissioner rejected the employee s contention that the complainant s flirtatious behaviour led him to believe that his conduct was acceptable being flirtatious was not an invitation to sexual harassment. The commissioner upheld the employee s dismissal (Jordaan and Capitec Bank Ltd at 1364). In National Union of Public Service & Allied Workers on behalf of Qatshama and Lion Roars Safaris & Lodges (at 1383) the applicant complainant alleging that she had been sexually harassed by her manager, referred an unfair discrimination dispute to the CCMA in terms of the Employment Equity Act 55 of At arbitration, the CCMA commissioner was faced with the version of a single witness, the complainant, which was contradicted by several witnesses for the employer. He set out the correct approach to be adopted when weighing up the probabilities of the respective versions and making credibility findings to arrive at an outcome. He accepted that the employer s version was more probable and found, accordingly, that the complainant had failed to establish sexual harassment. Similarly, in Shayi and Eskom Holdings (Pty) Ltd (at 1395), where the applicant employee had been dismissed for sexual

6 6 harassment of a female colleague, the CCMA commissioner found that the complainant s version was inconsistent to the extent that it impacted on her credibility and that the employee s version was more probable. Sexual harassment by the employee had not been proved, and his dismissal was unfair. In all the above matters the court and commissioners confirmed the relevance and dealt with several provisions of both the Codes of Good Practice on the Handling of Sexual Harassment Cases in the Workplace 1998 and DEMARCATION AWARD The scope of registration of the National Bargaining Council for the Road Freight & Logistics Industry is defined in its certificate of registration as the transportation of goods for hire or reward by means of motor transport. In a demarcation award a CCMA commissioner ruled that the term goods included money or cash, and that consequently the appellant company s cash-in-transit division fell within the council s scope of registration. This award was upheld on review by the Labour Court. On appeal, the Labour Appeal Court confirmed that the word goods in the council s certificate of registration included cash; and dismissed the appeal (SBV Services (Pty) Ltd v National Bargaining Council for the Road Freight & Logistics Industry & others at 1290). CONTRACT OF EMPLOYMENT FIXED-TERM CONTRACT REASONABLE EXPECTATION OF RENEWAL In both Agricultural Research Council v Commission for Conciliation, Mediation & Arbitration & others (at 1297) and SA Post Office SOC Ltd v Commission for Conciliation, Mediation & Arbitration & others (at 1350) the Labour Court confirmed that the test for review of a commissioner s finding that an employee was dismissed in terms of s 186(1)(b) of the LRA 1995 is whether the decision that the employee was dismissed was correct and not whether the decision was reasonable. In both matters the applicant employer had based its review application firmly on the incorrect reasonableness test this was fatal to both cases, which were dismissed on this ground alone. In Smith & another v Office of the Chief Justice & others (at 1357) the applicant employees, who had failed to secure employment contracts following an interview process for advertised positions, sought an order declaring them to be fixed-term employees, relying on the protection of s 186(1)(b) of the LRA. The court found that s 186 does not confer any rights or protections on employees, it merely defines dismissal. The application of s 186(1)(b)(ii) means no more than that an employee whose contract has not been renewed may assert the existence of a dismissal where he or she reasonably harbours an expectation of indefinite employment. Whether or not the dismissal so established is fair is a separate enquiry. In this matter the papers did not disclose a reason for dismissal that brought the dispute within the ambit of the court s jurisdiction, nor was there any evidence that the dispute had been referred for conciliation, and this in itself was fatal to any unfair dismissal claim. SETTLEMENT AGREEMENT VALIDITY At conciliation proceedings relating to the granting of ss 12, 13 and 15 organisational rights to a minority union, both the employer representative and the minority union representative held the mistaken view that the existence of a threshold agreement between the employer and the majority unions precluded the conclusion of a collective agreement conferring organisational rights on the minority union, and this led to the parties entering into a settlement agreement. In later proceedings the Labour Court found that the settlement agreement was concluded on the basis of a common mistake; and had to be set aside (Association of Mineworkers & Construction Union on behalf of Members v Commission for Conciliation, Mediation & Arbitration & others at 1303). DISMISSAL INCAPACITY ILL-HEALTH In General Motors SA (Pty) Ltd v National Union of Metalworkers of SA & others (at 1316) the Labour Court confirmed that persistent absence from work because of genuine ill-health is a legitimate ground on which to terminate employment, and one that relates to the capacity and not the conduct of the employee. Substantive fairness in these circumstances requires an assessment of whether the employer could fairly be expected to continue the employment relationship given the nature of the incapacity, its cause, the prospect of recovery, improvement or recurrence, the period of absence and its effect on the employer s operations and on other employees, and the employee s work record and length of service. In this review application, the court found that the CCMA commissioner s refusal or failure to recognise a category of dismissal that permitted an employer to dismiss an employee for persistent or habitual intermittent absence on account of ill-health constituted an error of law and rendered his award reviewable. EMPLOYMENT OF EDUCATORS ACT 76 OF 1998 DISMISSAL BY OPERATION OF LAW Section 14(1)(a) of the Employment of Educators Act 76 of 1998 provides for the discharge of an educator who has been absent from work for a period exceeding 14 consecutive days without permission. The days envisaged in s

7 7 14(1)(a) are stated in clear and unambiguous language they are days of absence from work, and do not include weekends (Member of the Executive Council for the Department of Education, Eastern Cape v Bantwini NO & others at 1327). Source: BILLS COPYRIGHT AMENDMENT BILL, 2017 Draft B13B-2017 AQUACULTURE DEVELOPMENT BILL, 2018 B DRAFT MEDICAL SCHEMES AMENDMENT BILL, 2018 Published for comment GG ( ) DRAFT NATIONAL HEALTH INSURANCE BILL, 2018 Published for comment GG ( ) DRAFT NATIONAL PORTS AMENDMENT BILL, 2018 Published for comment GG ( ) DRAFT REGULATION OF GATHERINGS AMENDMENT BILL, 2018 Notice of intention to introduce private member's bill and explanatory summary published for comment GG ( ) & GG ( ) PROCLAMATIONS AND NOTICES ACCOUNTING STANDARDS BOARD Notice of publication for comment of Exposure Drafts on the proposed Interpretation of the Standards of GRAP on Accounting for Adjustments to Revenue (ED 164), the proposed amendments to the Interpretation of the Standards of GRAP on Applying the Probability Test on Initial Recognition (IGRAP 1) (ED 165), the proposed Guideline on Accounting for Landfill Sites (ED 166) and the proposed revisions to the Standard of GRAP on Financial Instruments (GRAP 104) (ED 167) published DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES Notice of publication for comment of Draft National Inland Fisheries Policy published DEPARTMENT OF BASIC EDUCATION Extension of comment period and draft Department of Basic Education National Policy on the Prevention and Management of Learner Pregnancy in Schools published for comment CURRENCY AND EXCHANGES ACT 9 OF 1933 Financial Surveillance Department of the South African Reserve Bank: Cancellation of Exchange4free South Africa (Pty) Limited as an authorised dealer in foreign exchange with limited authority published

8 8 Appointment Shoprite Money Transfers (Pty) Limited as an authorised dealer in foreign exchange with limited authority published FOODSTUFFS, COSMETICS AND DISINFECTANTS ACT 54 OF 1972 Regulations governing general hygiene requirements for food premises, the transport of food and related matters published with effect from 22 June 2018, unless otherwise indicated, and regulations governing general hygiene requirements for food premises and the transport of food published in GN R962 in GG of 23 November 2012, regulations regarding marine food published in GN R2064 in GG 4067 of 2 November 1973 and general health regulations published in GN R180 in GG 1652 of 10 February 1967 repealed GG ( ) RULES BOARD FOR COURTS OF LAW ACT 107 OF 1985 Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa amended with effect from 1 August 2018 GG ( ) AGRICULTURAL PRODUCT STANDARDS ACT 119 OF 1990 Regulations relating to the grading, packing and marking of fresh fruits intended for sale in the Republic of South Africa published with effect from 30 days after publication GG ( ) CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector: Invitation to the public to furnish information to the Commission published Terms of reference of Commission of Inquiry into tax administration and governance by the South African Revenue Service (SARS): Call for submissions in relation to all or specific items published GG ( ) GG ( ) SKILLS DEVELOPMENT ACT 97 OF 1998 Notice of publication of National List of Occupations in High Demand, 2018 published GG ( ) PUBLIC FINANCE MANAGEMENT ACT 1 OF 1999 Borrowing powers of Water Boards listed under Schedule 3 part B of the Act published GG ( ) BROAD-BASED BLACK ECONOMIC EMPOWERMENT ACT 53 OF 2003 Draft Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (draft Mining Charter, 2018) published for comment GG ( ) NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT 10 OF 2004 Extension of comment period on the Draft Alien and Invasive Species Regulations, 2017 published for comment in GN 112 in GG of 16 February 2018 and the draft amendments to the Alien and Invasive Species lists published for comment in GN 115 in GG of 16 February 2018 published AUDITING PROFESSION ACT 26 OF 2005 Independent Regulatory Board for Auditors (IRBA): Firm Fees payable to the IRBA published with effect from 1 April 2018 ELECTRONIC Independent Communications Authority of South Africa GG ( )

9 9 COMMUNICATIONS ACT 36 OF 2005 (ICASA): Renewal Applications for Individual Commercial Sound Broadcasting Service Licences and Radio Frequency Spectrum Licences published for comment NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT 5 OF 2008 Proposed amendment of the compulsory specification for the safety of lighters (VC 8076) published for comment Withdrawal and replacement of the compulsory specification for canned fish, canned marine molluscs and canned crustaceans and products derived therefrom (VC 8014) published in GN R790 in GG of 9 July 2004 published with effect from 6 months after publication CIVIL AVIATION ACT 13 OF 2009 Notice of publication for comment of proposed amendments to the Civil Aviation Regulations, 2011 published GG ( ) FINANCIAL MARKETS ACT 19 OF 2012 Notice of publication for comment of proposed amendments to the Johannesburg Stock Exchange (JSE) Interest Rate and Currency (IRC) Rules published GG ( ) MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) CONTRIBUTIONS ACT 36 OF 2013 Determination of rate of levy for 2016 tax period and payment date published DIVISION OF REVENUE ACT 3 OF 2017 Transfers of the Municipal Disaster Grant published GG ( ) PROVINCIAL LEGISLATION Eastern Cape EASTERN CAPE USE OF OFFICIAL LANGUAGES ACT 8 OF 2016 Date of commencement: 2 July 2018 PG 4062 ( ) MUNICIPAL DEMARCATION ACT 27 OF 1998 Municipal Demarcation Board: Re-determination of municipal boundaries of municipalities published for comment PG 4062 ( ) Free State Matatiele Local Municipality: Promulgation of property rates levy for the financial year 2018/2019 published with effect from 1 July 2018 Dihlabeng Local Municipality: Municipal Property Rates By-law published Dihlabeng Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 PG 4062 ( ) PG 30 ( )

10 10 Ngwathe Local Municipality: Notice of adoption and Municipal Property Rates By-law published Mangaung Metropolitan Municipality: Municipal Property Rates By-law published Mangaung Metropolitan Municipality: Publication of resolution on levying of property rates published for comment LOCAL GOVERNMENT ORDINANCE 8 OF 1962 Local Government: Municipal Systems Act 32 of 2000; Local Government: Municipal Finance Management Act 56 of 2003; and Local Government: Municipal Rates Act 6 of 2004: Mangaung Metropolitan Municipality: Determination of Property Rates, Sewerage Disposal Services, Waste Management Service, and Water Supply Services published with effect from 1 July 2018 PG 30 ( ) MUNICIPAL SYSTEMS ACT 32 OF 2000 AND LOCAL GOVERNMENT: Ngwathe Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 PG 30 ( ) PUBLIC FINANCE MANAGEMENT ACT 1 OF 1999 AND DIVISION OF REVENUE ACT 1 OF 2018 Mangaung Metropolitan Municipality: Planned expenditure from the Human Settlements Development Grant with level 1 and 2 accreditations published PG 31 ( ) Gauteng MUNICIPAL DEMARCATION ACT 27 OF 1998 Municipal Demarcation Board: Re-determination of municipal boundaries of municipalities published for comment PG 164 ( ) MUNICIPAL SYSTEMS ACT 32 OF 2000 Local Government: Municipal Finance Management Act 56 of 2003; and Local Government: Municipal Property Rates Act 6 of 2004: Midvaal Local Municipality: Property Rates Tariffs for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 PG 167 ( ) MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003 Notice of the main allocations to municipalities for the 2018/19 financial year published PG 172 ( ) DISASTER MANAGEMENT ACT 57 OF 2002 KwaZulu-Natal City of Johannesburg Metropolitan Municipality: Extension of the declaration of a local state of disaster due to severe weather conditions including a tornado that occurred in parts of the jurisdictional area for a further month published PG 173 ( ) UGU DISTRICT MUNICIPALITY Notice of tariff of charges for the 2018/19 financial year published with effect from 1 July 2018 PG 1965 ( )

11 11 MUNICIPAL SYSTEMS ACT 32 OF 2000 Ugu District Municipality: Public Health By-laws, 2017 published umzimkhulu Local Municipality: Credit Control and Debt Collection By-law published with effect from 1 July 2018 Umdoni Local Municipality: Notice of the Credit Control and Debt Collection By-laws and Policy PG 1965 ( ) Nkandla Local Municipality: Municipal Property Rates Bylaw and Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 City of umhlathuze Local Municipality: Resolution levying property rates for the 2018/19 financial year published with effect from 1 July 2018 PG 1965 ( ) umzimkhulu Local Municipality: Municipal Property Rates By-laws published with effect from 1 July 2018 umzimkhulu Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2018 published with effect from 1 July 2018 Nquthu Local Municipality: Municipal Property Rates Bylaw published with effect from 1 July 2018 Endumeni Local Municipality: Notice of assessment of general rates for the financial year 1 July 2018 to 30 June 2019 published (MN 67 in PG 1965 of 21 June 2018) (p422) uphongolo Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 Nquthu Local Municipality: Resolution levying property rates for financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 AND LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT 32 OF 2000 umzimkhulu Local Municipality: Tariff By-law published with effect from 1 July 2018 Nquthu Local Municipality: Credit Control By-law published and previous by-laws repealed PG 1965 ( ) MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003 AND LOCAL GOVERNMENT: Kwadukuza Local Municipality: Resolution levying property rates for the 2018/19 financial year published with effect from 1 July 2018 umlalazi Local Municipality: Resolution levying property rates for the 2018/19 financial year published with effect from 1 July 2018 PG 1965 ( ) MUNICIPAL STRUCTURES Msinga Local Municipality: Notice of designation of the Speaker as full-time councillor published for comment PG 1966 ( )

12 12 ACT 117 OF 1998 Limpopo NATIONAL ROAD TRAFFIC ACT 93 OF 1996 Mpumalanga MUNICIPAL SYSTEMS ACT 32 OF 2000 AND LOCAL GOVERNMENT: Registration of Mathibaskraal Vehicle Testing Station as a Grade 'A' Vehicle Testing Station, Registration of Gateway Roadworthy Private Test Station as a Grade A Vehicle Testing Station and Bathopele Private Test Station as a Grade 'A' Vehicle Testing Station published Nkomazi Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 PG 2914 ( ) PG 2938 ( ) Northern Cape MUNICIPAL DEMARCATION ACT 27 OF 1998 Municipal Demarcation Board: Re-determination of municipal boundaries of municipalities published for comment PG 2187 ( ) DIVISION OF REVENUE ACT 1 OF 2018 North West Northern Cape Provincial Treasury: Notice of allocations to hospitals and schools for the 2018/19 financial year published Madibeng Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 published with effect from 1 July 2018 City of Matlosana Local Municipality: Promulgation of property levying rates published with effect from July 2018 PG 2188 ( ) PG 7895 ( ) PG 7896 ( ) MUNICIPAL SYSTEMS ACT 32 OF 2000 AND LOCAL GOVERNMENT: Western Cape Moretele Local Municipality: Promulgation of resolution levying rates for the 2018/19 financial year published with effect from 1 July 2018 PG 7896 ( ) George Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 and Property Rates Policy published with effect from 1 July 2018 Prince Albert Local Municipality: Promulgation of property tax rates for the 2018/2019 financial year published Cederberg Local Municipality: Resolution levying property rates for the financial year 1 July 2018 to 30 June 2019 and Customer Care, Credit Control and Debt Collection PG 7939 ( ) PG 7941 ( ) PG 7944 ( )

13 13 Policy published with effect from 1 July 2018 Cederberg Local Municipality: Property Rates By-law and Property Rates Policy published PG 7944 ( ) WESTERN CAPE APPROPRIATION ACT 3 OF 2018 Date of commencement: 15 June 2018 PG 7940 ( ) MUNICIPAL STRUCTURES ACT 117 OF 1998 Eden District Municipality (DC4): Establishment Eighth Draft Amendment Notice published for comment Kannaland Local Municipality (WC041): Establishment Ninth Draft Amendment Notice published for comment George Local Municipality (WCO44): Establishment Ninth Draft Amendment Notice published for comment PG 7941 ( ) Bitou Local Municipality (WCO47): Establishment Seventh Draft Amendment Notice published for comment Knysna Local Municipality (WCO48): Establishment Seventh Draft Amendment Notice published for comment Hessequa Local Municipality (WCO42): Establishment Seventh Draft Amendment Notice published for comment Oudtshoorn Local Municipality (WCO45): Establishment Sixth Draft Amendment Notice published for comment Mosselbay Local Municipality (WCO43): Establishment Seventh Draft Amendment Notice published for comment MUNICIPAL SYSTEMS ACT 32 OF 2000 AND LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT 56 OF 2003 Cape Agulhas Local Municipality: Capital and operating budget and fixing of property rates, tariffs and fees for the 2018/2019 financial year published with effect from 1 July 2018 PG 7941 ( ) DISASTER MANAGEMENT ACT 57 OF 2002 City of Cape Town Metropolitan Municipality: Extension of declaration of a local state of drought disaster for a further one month from 22 June 2018 to 22 July 2018 published City of Cape Town Metropolitan Municipality: Extension of the declaration of a local state of disaster as a result of devastating fires in the Imizamo-Yethu informal settlement situated in Hout Bay for a further one-month period from 30 June 2018 until 30 July 2018 published PG 7941 ( ) MUNICIPAL DEMARCATION ACT 27 OF 1998 Municipal Demarcation Board: Re-determination of municipal boundaries of municipalities published for comment PG 7942 ( )

14 14 WESTERN CAPE TOLL ROADS ACT 11 OF 1999 Amendment to Toll Tariffs for Chapman's Peak Drive, 2013 as published under PN 232 in PG 7151 of 19 July 2013 published with effect from 1 July 2018 PG 7943 ( ) SEMINARS LEAD SEMINARS DATES PRESENTER HIGH COURT LITIGATION Bloemfontein: July 2018 Cape Town: July 2018 Durban: July 2018 Pretoria: July 2018 Port Elizabeth: August 2018 Johannesburg: August 2018 Ismail Hussain SC MEDIATION CIVIL Bloemfontein: August 2018 To be announced MEDIATION DIVORCE Pretoria: & July 2018 Port Elizabeth: August 2018 East London: September 2018 Midrand: & September 2018 To be announced LEGAL DEBT COLLECT Bloemfontein: 09 October 2018 Pretoria: 16 October 2018 Johannesburg: 17 October 2018 East London: 24 October 2018 Port Elizabeth: 25 October 2018 Durban: 30 October 2018 Cape Town: 02 November 2018 Brett Bentley NATIONAL CREDIT ACT Johannesburg: 03 August 2018 Pretoria: 13 August 2018 Bloemfontein: 17 August 2018 Cape Town: 24 August 2018 Durban: 27 August 2018 East London: 03 September 2018 Port Elizabeth: 04 September 2018 Frans Haupt For more information, contact the Knowledge Centre or visit