InfoUpdate
An Information Service supplied by the KwaZulu-Natal Law Society

23 October 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 22 of 2009
Government and Legislation 

Electronic copies of this information may be obtained from our librarians at help@lawlibrary.co.za or click on the underlined hyperlink where relevant

Legislation

New regulations to set aviation security standards - 8 October
A new set of regulations in the aviation sector is to set security standards for all companies who train security personnel for the industry. The two regulations, Part 109 and Part 110, which have been approved by Transport Minister Sibusiso Ndebele, now formed part of the South African Civil Aviation Authority's (SACAA) regulations. This means that before April 2010, when the new regulations will come into effect, all security companies would have to be accredited by the SACAA. - BuaNews Online website

Criminal Procedures Act

Zuma backs changes to Criminal Procedure Act - 9 October
The killing of a police captain in Pretoria this week was an example of why South Africa needs to rewrite the Criminal Procedure Act to give police the right to shoot criminals, President Jacob Zuma said on Friday. Writing in the African National Congress's weekly newsletter, Zuma said Captain Charl Scheepers was shot dead while trying to reason with a suspect. "Any criminal who finds it so easy to kill a police officer has no respect whatsoever for the law and law enforcement of any kind," he said. - Mail & Guardian website

Three strikes lands you in jail - 22 October
People accused of committing serious crimes may soon only be able to apply for bail for two separate offences - after that, any crime they commit will see them hauled off to jail with no option of getting bail. This is the latest proposal by the Office for Criminal Justice System Reform (OCJSR) in an attempt to revamp the Criminal Procedures Act. According to Justice and Constitutional Development spokesman Tlali Tlali, the OCJSR has already made proposals to Justice Minister Jeff Radebe about tightening bail applications. - IOL website

Protection of Personal Information Bill

Personal data bill met with scepticism - 15 October
Media freedom gains made since 1994 could be reversed if the Protection of Personal Information Bill recently tabled in Parliament is enacted in its current form, say media stakeholders. The bill was the subject of heated debate during hearings before the Justice and Constitutional Development Portfolio Committee yesterday. - IOL website

Superior Courts Bill

New-look disputed courts bill heads for Assembly - 22 October
The controversial Superior Courts Bill has been redrafted, and will return to Parliament soon with provisions to amalgamate the specialist labour courts into the high courts and also collapse the Labour Appeals Court into the Supreme Court of Appeal. - Business Day website

Taxation Laws Amendment Act

There seems to be some confusion regarding the status of the Taxation Laws Amendment Act of 2009. It was assented to by the Minister on the 30th of September, meaning it is in force, but the sections of the act come into operation on different dates. As shown below, the majority of sections come into operation from 1 January 2010, UNLESS clearly stipulated otherwise under the section. Then a government notice will proclaim the date of commencement for the respective section.

111. (1) This Act is called the Taxation Laws Amendment Act, 2009.
(2) Except insofar as otherwise provided for in this Act or the context otherwise indicates, the amendments effected to the Income Tax Act, 1962, by this Act shall for the purposes of assessments in respect of normal tax under the Income Tax Act, 1962, be deemed to have come into operation as from the commencement of years of assessment ending on or after 1 January 2010.

Source : OSALL (Lara)

New on Parliamentary Monitoring Group website

The Draft Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Draft Bill as presented to the Speaker of the National Assembly by the Portfolio Committee on Justice and Constitutional Development, is published for comment.

Comments can be emailed to Mr Vhonani Ramaano at vramaano@parliament.gov.za by no later than 06 November 2009

Enquiries tel Mr Vhonani Ramaano : 021-403 3820 / cell : 083-709 8427

Invitation for written submissions on the Criminal Law (Forensic Procedures) Amendment Bill [B2-2009]

The Portfolio Committee on Police (National Assembly) invites interested individuals and organisations to submit written submissions on the Criminal Law (Forensic Procedures) Amendment Bill.

The Bill seeks :

- to amend the Criminal Procedure Act, 1977, so as to further regulate powers in respect of the ascertainment of bodily features of persons ;

- to provide for the compulsory taking of fingerprints of certain categories of persons ;

- to provide for the taking of specified bodily substances from certain categories of persons for the purposes of DNA analysis ;

- to provide for the retention of prints and samples taken under the Act ;

- to further regulate evidence of prints or bodily features of accused ;

- to amend the South African Police Service Act, 1995, so as to regulate the storing and use of fingerprints, palmprints, footprints and photographs of certain categories of persons ;

- to establish and regulate the administration and maintenance of the National DNA Database of South Africa ;

- to amend the Firearms Control Act, 2000 and the Explosives Act, 2003 ; and

- to provide for matters connected therewith.

Comments can be emailed to Committee Secretary : Mr Jeremy Michaels at jmichaels@parliament.gov.za by no later than 23 October 2009

Enquiries : Mr Jeremy Michaels, telephone 021-403 3806 / cell 083-709 8445

Issued by : Honourable LS Chikunga, Chairperson : Portfolio Committee on Police

13 October 2009
Lowering Cell Phone Interconnection Rates in South Africa : public hearings : Day 1

14 October 2009
Lowering Cell Phone Interconnection Rates in South Africa : public hearings : Day 2

The Department of Communications has published a Policy Direction on Mobile Termination Rates in terms of section 3(2)(c) of the Electronic Communications Act, 2005

This is in line with the Department of Communications’ commitment to reduce the cost to communicate.

Comments are invited and can be emailed to Ephraim Adom at Ephraim@doc.gov.za by 23 November 2009.

Enquiries telephone Ephraim Adom : 012-427 7207/8000 / Tiyani Rikhotso : 012-427 8010/083-800 9936

6 October 2009
Municipal Property Rates Amendment Bill [B12-2009] adoption, Briefing by SALGA on Urbanisation and Migration

7 October 2009
Operation Clean Audit : briefing

6 October 2009
Protection of Personal Information Bill [B9-2009] briefing

13 October 2009
Protection of Personal Information Bill [B9-2009] : public hearings

New on Polity website

Animal Improvement Act 62 of 1998
Regulations : Amendment
GNR 935/GG 32601

Customs and Excise Act 91 of 1964

Amendment of Air Passenger Tax (APT/4)
GNR 949/GG 32621

Amendment of Rules (DAR/59)
GNR 932/GG 32593

Medicines and Related Substances Act 101 of 1965
Medicines Control Council : Conditions of registration of a medicine in terms of the provisions of section 15(7)
GNR 1341/GG 32620

National Environmental Management Act 107 of 1998
Amendment of GNR 387 of 21 April 2006
GNR 971/GG 32625

Private Security Industry Regulations Act 56 of 2001
Exemption in terms of sections 1 (2) and 20 (5) of the Act
GNR 939/GG 32601

Public Service Act 103 of 1994

Amendment of Public Service Regulations 2001
GNR 937/GG 32601

Road Traffic Management Corporation Act 20 of 1999
Amendment of the Road Traffic Management Corporation Regulations
GNR 930/GG 32591

Task Team for Public Sector (Organising Field 03) : Business, Commerce and Management studies. Regulations
For Public Comment
GNR 967/GG 32623

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society