Legislative Updates

Legislative Updates

The Ad Hoc Committee on the Funding of Political Parties invites the public to make written comments on the Draft Political Party Funding Bill. Comments can be emailed to Ms Cindy Balie at [email protected] by no later than the end of business hours on Monday, 16 October 2017. The Committee hopes to finalise the Bill by the end of November.

The Select Committee on Social Services made amendments to and passed the Refugee Laws Amendment Bill. This is a section 75 bill and as such the Portfolio Committee on Home Affairs has to consider the amendments raised by the NCOP, and either accept or reject them. 

The Critical Infrastructure Protection Bill is heading to Parliament according to an explanatory summary gazetted. The Bill seeks to: (a) Repeal the National Key Points, 1980 (Act No. 102 of 1980) and related laws. The Bill provides for guidelines and factors to be taken into account to ensure transparent the identification and declaration of critical infrastructure. (b) Establish a Critical Infrastructure Council, sets out the procedure for the appointment of members of the Council as well as functions of the National Commissioner of the South African Police in relation to the administration of the Act.

Last month, the Western Cape Provincial Parliament held public hearings and invited submissions on the Western Cape Housing Development Amendment Bill [B 2–2017]. The purpose of the amendment bill is to provide for immovable assets to be acquired or disposed of for the purpose of housing development; to disestablish the Western Cape Housing Development Fund established by section 13 of the act; and to provide for matters incidental thereto.

The National Economic Development and Labour Council (Nedlac) has commissioned a new socioeconomic-impact assessment of the Liquor Amendment Bill. The Council was dissatisfied with the initial impact assessment because it did not quantify the bill’s likely effects on jobs, advertising revenue and the industry.

The Portfolio Committee on Trade and Industry has made progress in developing a Debt Relief Committee Bill. The Committee received a briefing on the applicable legal principles when considering legislation for debt relief and agreed that the different political parties could make submissions and submit these directly to the Parliamentary Legal Advisor who would use them to draw up a Framework Draft Bill by the start of the fourth quarter of Parliament.

The Medicines Control Council (MCC) is simplifying the legal framework for medicinal cannabis to make it easier for patients to use these products. It has re-classified medicinal cannabis from a tightly-restricted schedule 7 product to a permitted schedule 6 or schedule 4 product, depending on its composition, and approved the final guidelines governing the cultivation of cannabis for medical purposes.

The Select Committee on Land and Mineral Resources agreed to prioritise the finalisation of the MPRDA Bill during Parliament’s fourth term.

The Western Cape Government’s Alcohol Harms Reduction Policy White Paper is now complete, following the approval of the Provincial Cabinet. The Policy guides the government’s approach to the regulation of alcohol in the province. Aspects of this Policy will also result in proposed amendments to the Western Cape Liquor Act. The province aims to make alcohol more expensive and as hard as possible to buy‚ while increasing enforcement.

During public hearings on the Cybercrimes and Cybersecurity Bill in Parliament, the Portfolio Committee on Justice and Correctional Services said the Bill must seek to balance its legitimate purpose with constitutional rights. MPs agreed that certain provisions are overbroad, some terminology undefined and both can lead to adverse and unintended consequences.

Due to a tight programme, Parliament is only expected to finalise and pass the Plant Improvement Bill and the Plant Breeders’ Rights Bill in the first quarter of 2018. The bills seek among other things to regulate the quality, import and export of plants and to protect the ownership rights and royalties of plant breeders. Small scale producers have claimed that the proposed laws will have a devastating effect.

During public hearings on the Legal Practice Bill in Parliament, the Portfolio Committee on Justice and Correctional Services called for a fused legal profession in South Africa, equitable remuneration between advocates and attorneys, and quickened transformation. They mandated the Department to establish a task force to coordinate the goal of fusion in the legal profession.

After a missed deadline and almost 6 months of inaction, Parliament agreed to urgently review the Executive Ethics Act. The relevant Committee agreed that a dossier of all relevant information on the review of the Act and the previous draft Bill should be compiled and given to Members. It was noted this process would take some time to finalise but it was important to expedite the remedial action on the legislative review.