IMMIGRATION

• The Department of Home Affairs gazetted a notice withdrawing the 9 October 2024 points-based work visa application system and replacing it with a revised version correcting a typographical error. This is noting that the new points-based system:
  • is now used in assessing applications for both general and skilled work visas
  • significantly reduces the minimum annual earnings of a prospective general foreign worker, and
  • fine-tunes tax-related requirements.

 

MINE HEALTH AND SAFETY

• The Department of Mineral Resources and Energy gazetted an explanatory summary of the Mine Health and Safety Amendment Bill’s overarching objectives in anticipation of the formal introduction of this proposed new piece of legislation in Parliament. The version since published has yet to be certified by the Office of the State Law Adviser.
• The explanatory summary followed Cabinet’s approval of the Bill for tabling, which was announced in a media statement among other things drawing attention to provisions seeking to:

• streamline administrative processes
• strengthen enforcement
• reinforce offences and penalties, and
• reduce fatalities, injuries and occupational diseases.

• According to the Bill’s explanatory summary, its proposals include measures to:
  • ‘strengthen managerial responsibility and accountability’
  • revise sections of the principal statute on the composition of the Mine Health and Safety Council, and
  • ‘repeal the establishment of the Mining Qualifications Authority’.

 

ENERGY

• The Department of Mineral Resources and Energy also gazetted an explanatory summary of the South African National Petroleum Company Bill in anticipation of its formal introduction in Parliament. The version of the proposed new piece of legislation since published has yet to be certified by the Office of the State Law Adviser but seeks to:

• give effect to a June 2020 Cabinet decision on merging PetroSA, the South African Gas Development Company and the Strategic Fuel Fund Association, and
• to that end ‘provides for the establishment of a state-owned company’.

• A media statement on the Cabinet meeting at which the Bill was approved for tabling notes that it includes provisions enabling the company envisaged to:

• ‘hold oil and gas exploration rights on its own’, as well as
• ‘shares in privately held rights’ (apparently through the free-carried mechanism).

 

COPYRIGHT AND PERFORMERS’ PROTECTION AMENDMENT BILLS

• President Cyril Ramaphosa’s decision to approach the Constitutional Court for a ruling on both Bills was:
  • announced in a Presidency media statement
  • elaborated on in a follow-up unrelated press release, and
  • confirmed in an earlier letter to the Court, which was included in parliamentary papers circulated sometime later.
• The press release in which more information was provided on the President’s reservations about the Bills’ constitutionality focused on his upcoming programme and other matters of public interest. It was nevertheless the first official document to disclose details later confirmed in the President’s letter to the Constitutional Court, which refers to:

• the Copyright Amendment Bill’s clauses 5, 6 and 7, among other things inserting sections 6A, 7A and 8A into the principal statute:
  • possibly constituting the retrospective and arbitrary deprivation of property, in breach of section 25(1) of the Constitution, and
  • conferring ‘substantial discretionary powers on the Minister’, possibly constituting ‘an impermissible delegation of legislative authority’
• the Copyright Amendment Bill’s clause 15, inserting into the principal statute:
  • sections 12A and 12B (dealing with general exceptions from copyright protection)
  • section 12C (focusing on temporary reproduction and adaptation), and
  • section 12D (focusing on reproduction for educational and academic activities)
• the Copyright Amendment Bill’s clause 21, inserting into the principal statute:
  • section 19B (focusing on computer programme-related general exceptions), and
  • section 19C (focusing on general exceptions applicable to copyright protected work in libraries, archives, museums and galleries).

• According to the President’s letter, reservations on these clauses were among those expressed in 2020 when the Bills were remitted and have not since been ‘fully accommodated by Parliament’ – thus affecting clauses in the revised Performers’ Protection Amendment Bill incorporating them.

 

GOVERNMENT OF NATIONAL UNITY

• The Presidency issued a media statement on the inaugural meeting of the Government of National Unity (GNU) ‘clearing house mechanism’, which was established to deal with matters on which GNU parties differ. Several issues deferred until 24 October 2024 included discussions and decisions regarding:

• ‘policy challenges such as’ sections of the Basic Education Laws Amendment Act on which ‘engagement with relevant parties’ is apparently ongoing
• ‘challenges’ related to coalition governments at provincial and local government level, and
• the clearing house mechanism’s terms of reference, a draft version of which was ‘welcomed’.

 

CREATIVE SECTOR

• Sport, Arts and Culture Minister Gayton McKenzie announced the imminent release of a draft policy and strategy for the local music industry. In a report on his own and Deputy Minister Peace Mabe’s achievements during their first 100 days in office, the Minister noted that, among other things, the proposed new policy seeks to:

• address the ‘imbalance’ between revenue generated by the creative work of local musicians (for mostly ‘big multinational companies’) and the royalty payments these artists receive
• facilitate ‘greater sectoral co-ordination … at all stages of the process, from recording and production through to distribution and live performances’
• introduce ‘new funding solutions for musicians’
• facilitate ‘the development of new musicians’, and
• incentivise ‘the promotion of South African genres and styles’.

• The Minister’ report also referred to plans afoot for craft industry development, including:

• the preparation of a draft five-year strategy, and
• the establishment of ‘a representative, non-government, all-craft genre, sector-wide, recognised, membership-based entity with a national footprint’.

 

Prepared by Pam Saxby