FILMS AND PUBLICATIONS ACT

• The Films and Publications Board gazetted revised schedules to the 1996 Act, informed by amendments published in 2019 and in force since 1 March 2022. The new schedules:
  • prohibit ‘propaganda for war; incitement of imminent violence and advocacy of hatred that is based on identifiable group characteristics, and that constitutes incitement to cause harm’
  • in terms of section 18H, prohibit the use of ‘any medium including the internet and social media, any film, game or publication’ to disseminate ‘misinformation/disinformation’ and fake news deemed ‘harmful or disturbing’ because of its potential to ‘propagate for war, incite violence, or advocate hate speech’
  • require internet and user-to-user service providers (including social media, video sharing platforms and search engines) to report on ‘reasonable measures’ being taken ‘to prevent prohibited content ahead of and during the 2024 national and provincial elections’, and
  • impose severe penalties for non-compliance.

 

IMMIGRATION

• An explanatory summary of the Immigration Amendment Bill was gazetted, pointing to its imminent introduction in Parliament. This follows Cabinet’s approval of the Bill for tabling, as well as a ministerial determination prescribing procedures to be followed when detaining an illegal foreigner pending the Bill’s enactment.
• According to a media statement on the Cabinet meeting at which the Bill was approved, its purpose is to give effect to Constitutional Court judgments delivered on 29 June 2017 and 30 October 2023.

 

PUBLIC-PRIVATE PARTNERSHIPS

• National Treasury issued a media statement extending the deadline for public comments on regulatory proposals among other things dealing with procurement procedures:
  • draft amendments to regulations under the Public Finance Management Act, 1999, and
  • draft amendments to regulations under the Local Government: Municipal Finance Management Act, 2003.

 

BIODIVERSITY MANAGEMENT

• The Department of Forestry, Fisheries and the Environment published a multi-species biodiversity management plan for South Africa’s vultures:
  • covering the geographic ranges of all nine vulture species found in the country
  • with a special focus on seven resident breeding species, three of which are critically endangered, and
  • underpinned by the White Paper on the conservation and sustainable use of South Africa’s biodiversity.

 

WASTE MANAGEMENT

• The Department of Forestry, Fisheries and the Environment also gazetted:
  • a waste management plan for the tyre industry, and
  • amendments to the September 2017 waste tyre regulations.

 

ELECTRONIC COMMUNICATIONS

• The Independent Communications Authority of South Africa (ICASA) called for public comments on draft amendments to the 2014 call termination regulations. This is the next step in a market review process begun in 2021 and unpacked in a media statement on the changes proposed.
• ICASA also announced its intention to review the 2012 digital migration regulations – beginning with the release of a discussion document for public comment. This is noting that:
  • the regulations were intended to provide ‘a framework for the migration of television broadcasting services from analogue to digital’
  • analogue switch-off is now in progress, and that
  • the inquiry will focus on ‘factors to be considered after analogue switch-off’.

 

PRIVATE SECURITY INDUSTRY

• The Department of Police called for public comments on three sets of regulatory proposals under the Private Security Industry Regulation Act, 2001:
  • draft amendments to regulations on improper conduct enquiries
  • draft amendments to the broader security industry regulations in place since 2002, and
  • draft regulations on security service provision in the maritime sector.

 

RAIL TRANSPORT

• The Department of Transport gazetted a notice calling for public comments on a draft railway network statement. According to a press release on the document:
  • its purpose is to provide ‘all train operating companies with … (the) unified source of information flow required for a functional rail access system’
  • it represents ‘a critical milestone in ... rail reform ... and the successful introduction of third-party access … to South Africa’s rail network’
  • the network statement covers ‘rules, time limits, timelines, procedures, services, charging principles, and terms and conditions governing the use of …
  •  railway infrastructure by train operating companies’
  • it includes information on operational corridors making up the network, and
  • deals  with infrastructure manager-train operating company service level agreements.

 

COMPETITION

• The Department of Trade, Industry and Competition gazetted two sets of guidelines under the Competition Act, 1998:
  • revised public interest guidelines on merger control, and
  • guidelines on filing merger notifications for hostile transactions.

 

FINANCIAL SECTOR

• National Treasury gazetted deposit insurance regulations and related monthly data submission requirements, both of which are scheduled to come into effect on 1 April 2024. They focus on procedural and administrative matters necessary to effectively operate the Corporation for Deposit Insurance and its fund. This is noting that:
  • the corporation was formally established in April 2023 as a statutory body and subsidiary of the South African Reserve Bank under section 166AE of the Financial Sector Laws Amendment Act, 2021, and that
  • its primary responsibilities are to establish, maintain and administer a deposit insurance fund to protect a bank’s covered depositors and inform them of available benefits and limitations should that bank be placed into resolution.

 

Prepared by Pam Saxby