Legislative update

The Restitution of Land Rights Amendment Act 15 of 2014, which re-opened a new window for claims, was declared invalid, effective from the date of the court judgment, 28 July 2016. The court ordered Parliament to remedy the fault within two years. The Land Claims Commission is interdicted from processing the new claims lodged between 1 July 2014 and 27 July 2016 as it must first settle  all claims lodged by 31 December 1998 over the next 24 months.

The National Assembly passed the Children’s Amendment Bill [B13B-2015] and the Children’s Second Amendment Bill [B14B-2015] and sent them to the NCOP for concurrence.

The National Assembly recommended Pansy Tlakula as chairperson and four others to the Information Regulator which was created by the Protection of Personal Information Act

The Constitutional Court judgment in the McBride v Minister of Police and Another case declared sections 6(3)(a) and 6(6) of the IPID Act and sections 16A(1), 16B, 17(1) and 17(2) of the Public Service Act invalid. Parliament has to cure the defects in the legislation within 24 months.

 A revised draft Preservation and Development of Agricultural Land Bill was published for comment.

President Jacob Zuma referred the Performing Animals Protection Bill back to Parliament for reconsideration. In his view, the National Council of Provinces (NCOP) failed to follow the procedure in section 75(2) of the Constitution and Rule 61 of the NCOP Rules during the voting on the Bill in May 2016.

 A draft National Research Foundation Amendment Bill was gazetted for comment.

Parliament passed the Immigration Amendment Bill [B5-2016] and submitted it to the President for assent

In a statement, Presidency indicated that President Zuma has received an objection to the signing of the Financial Intelligence Centre Amendment Bill from the Progressive Professionals Forum; hence the Bill has not yet been signed.

The Higher Education Amendment Bill is one step closer to becoming law after it was passed by the Select Committee on Education and Recreation.

The Portfolio Committee on Transport held public hearings on the Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Bill. Once in force the Bill will provide for the delivery of traffic offence notices via electronic methods; suitable penalties, and an infringement tribunal to deal with offences. Many of the submissions highlighted that a demerit point system for driving offences would help change South Africa's driving culture for the better.

Cabinet approved the introduction of the Communal Property Associations Amendment Bill, 2016 to Parliament. The Bill amends the Communal Property Associations Act, 1996, by aligning it to the broader land reform mandate of the country.

Cabinet approved the introduction of the Judicial Matters Amendment Bill of 2016 into Parliament which seeks to amend numerous laws to address practical and technical issues to ensure the smooth administration of justice.

The Portfolio Committee on Communications held public hearings on the Films and Publications Amendment BillMost of the stakeholders criticised the Bill as unconstitutional. They argued that the Bill curtails freedom of expression on the internet, and gives the FPB wide-sweeping powers to censor the internet.

The Portfolio Committee on Mineral Resources delayed the adoption of the Mineral and Petroleum Resources Development Amendment Bill.

Cabinet agreed to introduce legislative amendments to implement the 30% set asides in a new Procurement Bill developed by National Treasury by March 2017 to unlock the potential of SMMEs, cooperatives and township and rural enterprises.

Home Affairs, SAPS & National Treasury briefed Parliament on the new Border Management Authority (BMA Bill, with a focus on challenges, mandate and principles informing that Bill. The Davis Tax Committee was asked for its view and stated that to put so significant a contribution to the fiscus in a position of uncertainty by assigning the BMA the current functions of SARS to collect customs revenue, is fiscally imprudent at this critical point for the South African economy

The Portfolio Committee on Cooperative Governance and Traditional Affairs is holding public hearings on theTraditional and Khoi-San Leadership Bill across the country. 

The Portfolio Committee on Rural Development and Land Reform continues to conduct public hearings on the Extension of Security of Tenure Amendment Bill in various parts of the country.

 Use our Bill Tracker to follow the bills before Parliament https://pmg.org.za/bills/current