GOVERNMENT OF NATIONAL UNITY

• The Presidency issued a media statement on the process of giving practical effect to the 14 June 2024 Government of National Unity (GNU) Statement of Intent. To that end:
  • the manifestos of parties to the GNU are already being analysed by government’s forum of directors-general
  • this analysis will inform proposals for a programme of action, which will take the form of a medium-term strategic framework (MTSF)
  • the proposed MTSF will be considered for adoption at a Cabinet lekgotla scheduled for 11 and 12 July 2024
  • the adopted MTSF will then be announced by the President at the opening of Parliament on 18th July 2024
  • informed by the MSTF, each national department will develop a strategic plan and annual performance plan for implementation, and
  • these plans will then be submitted to Parliament and the Department of Planning, Monitoring and Evaluation, informing the oversight role for which each National Assembly committee is responsible.

 

NATIONAL ASSEMBLY COMMITTEES

• Parliament issued a media statement on the National Assembly’s reconfigured committees, which have been increased from 26 to 30 to accommodate new portfolios in the GNU. The four new committees will deal with:
  • agriculture (previously under the National Assembly’s Agriculture, Land Reform and Rural Development Committee)
  • correctional services (previously under the National Assembly’s Justice and Correctional Services Committee)
  • energy and electricity (previously under the National Assembly’s Mineral Resources and Energy Committee) (mineral resources now fall under the National Assembly Committee on Mineral and Petroleum Resources), and
  • science, technology and innovation (previously under the National Assembly’s Higher Education, Science and Innovation Committee).

 

COLONIAL AND APARTHEID-ERA LEGISLATION

• The South African Law Reform Commission called for public comments on a discussion document published as the next step in its review of colonial and apartheid-era legislation. Informed by input received on an October 2023 issue paper, the discussion document:
  • focuses on laws impacting adversely on expressive rights, and
  • includes a draft General Laws Amendment Bill.
• According to the document, a Conspiracy, Instigation and Incitement to Commit Offence Bill is expected to be introduced in Parliament soon with the intention of repealing remaining provisions in the Riotous Assemblies Act, 1956.

 

GREYLISTING

• National Treasury issued a media statement on progress made in addressing deficiencies in South Africa’s anti-money laundering and combating terrorism financing regime identified in February 2023 by the international Financial Action Task Force (FATF). The statement unpacked a report considered at the FATF’s June 2024 plenary. According to the statement:
  • three more of the 22 mutually agreed action plan items have been ‘largely addressed’
  • in terms of the plan itself, the remaining 14 items are scheduled to have been addressed by the end of January 2025 in anticipation of a FATF plenary the following month
  • should the plenary be satisfied that all 22 action items have been fully or largely addressed, a FATF ‘joint group’ will conduct a site visit to confirm this and recommend South Africa’s removal from the grey list, but
  • should things not go according to plan, the four-monthly cycle of reporting to the FATF will continue until all 22 deficiencies have been remedied.

 

FINANCIAL SERVICES OMBUD

• The Financial Services Ombud Council issued a Government Gazette notice drawing attention to new rules on compliance with the Financial Advisory and Intermediary Services Act, 2002, along with a statement of need and consultation report. Now in force, the new rules:
  • replace those published in 2003
  • ‘create clearer consequences’ for non-compliance with the Act
  • allow the ombud more flexibility in resolving complaints where one of the parties concerned does not co-operate, and
  • enable the ombud to award as much as R3.5m in compensation for financial prejudice or damage.

 

COURT RULES

• The Rules Board for Courts of Law called for public comments on:
  • draft rules proposing High Court procedures for dealing with:
    • a Magistrates’ Courts bail appeal by the accused, and
    • a Magistrates’ Courts bail appeal by the Director of Public Prosecutions, and
  • a draft amendment to the Magistrates’ Courts rules on pleadings.

 

BROADBAND REGULATIONS

• The Independent Communications Authority of South Africa (ICASA) gazetted amendments to a section in the March 2022 broadband regulations prescribing pro-competitive terms and conditions. Immediately effective, the amendments:
  •  require operators with significant market power to publish on their websites ‘non-confidential versions’ of certain documents, records and accounts deemed confidential in terms of section 4D of the ICASA Act, 2000
  • delete sub-regulations:
    • 7(d) (access point names and mobile virtual network operators), and
    • 7(g) (wholesale and retail price monitoring), and
  • substitute sub-regulations 7(h)(iii) and 7(h)(v) with new reporting requirements on requests for wholesale site infrastructure access.

 

Prepared by Pam Saxby