Legislative developments
Legislative developments
• The Regulation of Agricultural Land Holdings Bill, which limits the number of hectares owned by individuals and entities; and, terminates ownership by foreign nationals has been taken through the Socio-economic Impact Assessment process. It is currently awaiting a pre-certification opinion from the Office of the Chief State Law Advisor. The Bill will be published for 30 days for public comment during May 2016, including the NEDLAC process, and should be submitted to Parliament during June, 2016.
• Section 45 of the Constitution states Parliament must review the Constitution annually. The public is invited to suggest changes to the Constitution by emailing suggestions to [email protected] by 31 May 2016.
Details: https://pmg.org.za/call-for-comment/428/
• The Portfolio Committee on Communications has extended the deadline to submit written comments on the Films and Publications Amendment Bill. The new deadline is 26 May 2016 and email [email protected]
• Comment is sought by 20 May on the draft Judicial Matters Amendment Bill. Email [email protected]
• A draft Courts of Law Amendment Bill and draft International Mediation Bill were gazetted by the Justice Dept.
• In his Budget Vote Speech, the Minister of Trade and Industry announced that the National Gambling Amendment Bill, Copyright Amendment Bill and Liquor Amendment Bill will be introduced in Parliament in July.
• The Minister of Agriculture, Forestry and Fisheries has instructed the Department to fast-track the Preservation and Development of Agricultural Land Framework (PDALF) Bill for Cabinet consideration, as the country is increasingly losing arable land to mining and human settlements, which may pose a serious threat to food security.
• Specific provisions of the Competition Amendment Act have come into effect that makes it a criminal offence for directors and management to collude in the fixing of prices, tenders or markets.
• Cabinet approved the Critical Infrastructure Protection Bill of 2016 to be published in the Government Gazette for public comment. The Bill repeals the National Key Points Act, 1980, and seeks to align the process of identifying and declaring critical infrastructures in a transparent and accountable manner. It will also further ensure that all critical infrastructures for the national security of the country are identified and adequately protected.
• Government is planning to introduce a Public Procurement Bill to block business people found to have been involved in corruption from registering with the Companies and Intellectual Property Commission, effectively barring them from doing business in the country.
• One of the key pieces of legislation that the Department of Justice and Correctional Services will be prioritising this year is the finalisation of the Traditional Courts Bill. The Department is working with traditional leadership and civil society to take this process forward, with a view to introducing the Bill in June 2016.
• The African Exploration, Mining and Finance Corporation (AEMFC) Bill has been drafted and was published in the Government Gazette for public comments. The Bill will be presented to Parliament this year.
• The Department of Science and Technology has tabled Protection, Promotion, Development and Management of Indigenous Knowledge Systems in Parliament, which aims to protect the rights of indigenous knowledge holders.
• Cabinet approved the draft Policy on the Customary Practice of Initiation in South Africa and approved for the Department of Traditional Affairs to commence drafting national legislation on initiation. The policy has already gone through an extensive public consultation process with relevant stakeholders.
• The Revenue Laws Amendment Bill has been passed and will be submitted to the President for assent.
• The Communal Land Tenure Bill is awaiting pre-certification from State Law Advisers. It will then be submitted to Cabinet and published for public comment in June 2016 before submission to Parliament in July 2016.
• The Electronic Deeds Registration Bill will be submitted to Parliament during May 2016.
• The International Arbitration Bill of 2016 will be tabled in Parliament soon. The international arbitration process is an essential tool for doing business across the borders of the country. It will improve access to justice services for companies doing business outside the country and for foreign companies in South Africa.
• Cabinet approved submission of the National Forest Amendment Bill to Parliament.