FOOD POISONING CRISIS

• The Department of Justice and Constitutional Development issued a media statement outlining progress made in implementing interventions recently announced by President Cyril Ramaphosa with the aim of curbing food poisoning. This came two weeks after Co-operative Governance and Traditional Affairs Minister Velenkosini Hlabisa gazetted a standard draft municipal by-law intended to address issues understood to be at the root of the problem, namely:

• a poorly regulated informal sector, and
• inadequate hygiene and waste removal.

• The media statement tends to suggest that most municipalities have yet to take the necessary steps, only ‘several’ having done so nationwide. Possibly as a result, on 19 November 2024 the foodborne illness crisis was declared a national disaster.
• Outlining plans for addressing the crisis at a practical level, the statement refers to one other imminent regulatory move: an amendment to the notifiable medical conditions regulations adding ‘the death of anybody 12 years and younger’ to the list.
• More broadly, the following interventions are already under way:

• the creation of a R500m ‘joint fund’ to ‘support’ and build capacity among ‘township and rural businesses’ and ‘community convenience shops’/spazas, so that infrastructure and regulatory compliance are ‘improved’
• small business and spaza shop registration
• ‘multi-disciplinary inspections’ to deal with rat infestations and other waste management challenges
• measures specific to pesticide production and distribution
• reviewing and updating school guidelines on managing foodstuff supply, and
• a public awareness programme.

• State-run schools have already been issued with best practice protocols for preventing and managing foodborne illness.

 

IPID AMENDMENT ACT

• A presidential proclamation declared 29 November 2024 as the Independent Police Investigative Directorate Amendment Act’s commencement date. Responding to a 2016 Constitutional Court judgment on the directorate’s institutional and operational independence, the new piece of legislation also provides for:

• investigations into allegations of rape by police officers
• allegations of death resulting from the actions of police officers
• disciplinary matters, and
• remuneration.

 

ECONOMIC REGULATION OF TRANSPORT ACT

• A presidential proclamation was gazetted announcing the phased commencement of the Economic Regulation of Transport Act, beginning on 1 April 2025. This is noting that:
  • over time the Act will facilitate the transport sector’s economic regulatory consolidation, rationalisation and, where necessary, redesign.
  • most sections of the Act scheduled to come into force on 1 April 2025 focus on matters related to establishing the regulator and ensuring its efficient, effective functioning, and that
  • sections of the Act establishing a complaints resolution council are scheduled to be operationalised on 1 April 2026.

 

RICA AMENDMENT BILL RETURNED TO PARLIAMENT

• The Presidency issued a media statement on President Cyril Ramaphosa’s decision to return the Regulation and Interception of Communication and Provision of Communication-related Information Amendment Bill to the National Assembly. In the President’s view, the Bill is unconstitutional because:
  • certain provisions in clause 4 (inserting a new section 25A into the principal statute dealing with post-surveillance notification):

• ‘indefinitely suspend post-surveillance notification’, possibly mean that the subject of surveillance is never notified, and that
• no provision is made for such a decision to be reviewed.

• ‘The President also wishes to see the ... (Bill) provide adequate safeguards to address the fact that interception directions and notification suspension applications are sought and obtained ex parte (in the interests of one side or party only)’.

 

CLIMATE CHANGE

• The Department of Forestry, Fisheries and the Environment gazetted a notice calling for public comments on proposals for giving effect to South Africa’s obligations under Article 6 of the UN Convention on Climate Change 2015 Paris Agreement. Among other things, the proposals seek to provide guidance on:

• key principles and governance requirements for international carbon offsets
• the process followed, and
• key infrastructure requirements.

 

TROPHY HUNTING

• The Department of Forestry, Fisheries and the Environment gazetted a notice calling for written submissions on and/or objections to plans for setting 2024 and 2025 hunting trophy export quotas. The affected species would be elephants, rhino and leopards.

 

FRACKING

• The Department of Water and Sanitation called for public comments on draft regulations affecting the use of water for the exploration, mining and production of onshore naturally occurring hydrocarbons requiring stimulation. Once in force, the proposed new regulations will apply to all operations dependant on controlled activities that may impact detrimentally on a water resource. Among other things, the new draft regulations deal with:

• applications and licensing
• prohibited and restricted areas and activities
• drilling, hydraulic fracturing additives and wastewater management
• well design and decommissioning, and
• disclosure.

 

LEGAL PRACTICE COUNCIL

• The Legal Practice Council gazetted amendments to its rules and code of conduct focusing on conveyancing and/or notarial work:
  • amendments to its rules, and
  • amendments to its code of conduct.
• The council also called for public comments on more proposed amendments to rules affecting practical examinations and examination fees:

• draft amendments affecting practical examinations
• draft amendments affecting examination fees

 

Prepared by Pam Saxby